§ 8-177. Suspension; revocation.

(a)

Any waiver granted under the provisions of this division may be suspended or revoked by the city manager following notice to the commercial owner or business operator for any of the following reasons:

(1)

Upon discovery that the waiver application was fraudulently completed.

(2)

When the city manger finds that any activity conducted under the waiver presents a clear and present danger to members of the public. Clear and present danger as used herein means such activity creates a reasonably likely threat of endangering public safety. It shall be permissible inference that an activity creates a reasonably likely threat of endangering public safety if customers of a commercial owner or business operator have been issued nine (9) citations within the fiscal year of the city for operating the watercraft for which the commercial owner has been granted a waiver in violation of this division or other city or county ordinance or in violation of any federal or state law. For the purposes of this subsection, only those citations resulting in a finding of guilt by a court of law, or for which a plea of guilty or nolo contendere is entered, regardless of whether a violator is formally adjudicated guilty, applies.

(3)

Upon discovery that the commercial owner or business operator has failed to fulfill any one of the obligations imposed on the commercial owner or business operator by this division, other than those pertaining to watercraft.

(4)

When the operation of any watercraft permitted to be operated through the corridor results in a death or any injury to any swimmer or operator within the restricted area or marked corridor, if the negligence of the commercial owner or business operator contributed to such injury or death.

(5)

When the commercial owner, business operator or their employees have been issued six (6) citations within the fiscal year of the city for violating any of the provisions of this division or other city or county ordinance or any federal or state law pertaining to watercraft. For the purposes of this subsection, only those citations resulting in a finding of guilt by a court of law, or for which a plea of guilty or nolo contendere is entered, regardless of whether a violator is formally adjudicated guilty, shall apply.

(b)

Prior to a suspension or revocation becoming effective, the commercial owner or business operator shall be entitled to be heard by the city commission upon the filing of a request for such hearing, if the request is filed with the city clerk within five (5) business days after receipt of notice of suspension or revocation. The city commission may uphold, modify or repeal the suspension or revocation.

(Ord. No. C-93-26, § 1, 5-18-93; Ord. No. C-96-24, § 1, 5-21-96)