Section

Section

Section

Section

Section

It is the purpose of this article to establish requirements for the control of water pollution and discharge of any liquid or solid wastes from or at marinas or boats or discharge of such wastes on the shores contiguous to the waters of this city, which will supplement, but not supersede or conflict with, requirements on these matters by the state and by the United States.

(Ord. 15-71, 3-22-1971)

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them.

DISCHARGE. Includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, depositing or dumping.

MARINA. Any area in this city where one or more sites or locations are rented or offered for rent, or otherwise made available in commerce for the location, moorage or dockage of vessels.

ON-BOARD LIVING. Eating, sleeping and carrying on other living activities aboard any vessel while it is moored or docked on the waters within the city or the boundaries thereof.

SEWAGE. Human body wastes and the wastes from toilets or other receptacles intended to receive or retain body wastes and wastes either solid or liquid resulting from the preparation of food or cleaning utensils and dishes used in the preparation and serving of food.

SOLID WASTE. Garbage, trash, refuse and other discarded solid material, including solid waste materials resulting from commercial, industrial or agricultural operations, but does not include materials in sewage, in industrial waste water effluents or in storm water runoff.

UNTREATED SEWAGE. Sewage other than that discharged from a vessel having sanitation devices installed and operated in compliance with standards and regulations issued pursuant to the Federal Water Pollution Control Act, as amended, or, in the absence of such standards and regulations or prior to their effective date, sewage which has not been treated to conform to the applicable specifications of the state.

VESSEL. Any boat, ship or other type of watercraft or contrivance capable of being used for transportation on water or as a floating object on which "on-board living" may be carried on.

WATERS OF THIS CITY. All navigable waters, or waters connected thereto, within the boundaries of the city.

(Ord. 15-71, § 1, 3-22-1971)

No boat, houseboat, vessel, barge or watercraft of any kind may be used as a place of abode or dwelling while anchored, moored or tied up in any part of any canal or other waterway in this city, except as provided in this article.

(Ord. 16-71, § 3, 4-5-1971)

It shall be unlawful for any person to:

(a)

Discharge or permit the discharge of treated or untreated sewage from any vessel or marina under his or her control or command into the waters of this city;

(b)

Discharge any solid waste into the waters of this city or onto the adjacent shore or any adjacent structure in such manner that it may be washed into the waters of this city;

(c)

Discharge, other than accidentally, any visually detectable oil, petroleum product, oil sludge or oil refuse into the waters of this city. Any accidental spill of the materials in excess of one gallon to the waters of this city or onto adjacent shores or structures shall be immediately reported to the city, and it shall be the duty of the person responsible for the discharge or spillage to remove it to an extent and in a manner satisfactory to the city;

(d)

Occupy or permit the occupancy of any vessel under his or her control or command for on-board living in any of the waters of this city, except as follows:

(1)

At a marina having a currently valid operating license issued by the city;

(2)

Within Bimini Basin and Glover Bight; and/or

(Ord. 25-97, 5-5-1997)

(3)

Unless at a licensed marina, occupancy shall be restricted to a time limit of not to exceed two weeks within a one month period, and anchorage shall be no closer than 200 feet from any seawall in such a manner that navigability is not obstructed.

(Ord. 25-97, 5-5-1997)

(e)

Operate a marina in this city unless he or she has a currently valid operating license issued by the city.

(Ord. 15-71, § 2, 3-22-1971)

The city shall, upon application by a marina operator or owner, issue a marina operating license valid for a period of 12 months, if satisfactory evidence is made available to the Police Department that the marina is equipped and operated and will require operation of any vessel located, docked or moored at the marina so as to prevent any violations of § 10-4(a), (b), (c) and (d), and on payment of the appropriate local business tax. The operating license may be restricted as to the number and the class or classes of vessels to be served at the marina. The license may be revoked by the city upon 30 days' notice if the conditions requisite for granting the license do not continue in effect.

(Ord. 15-71, § 3, 3-22-1971; Ord. 25-97, 5-5-1997; Ord. 169-06, 12-11-2006)

Cross reference— License fee for boats; marinas, see § 11-16

Any person who is convicted of violating § 10-4(a) through (e) shall be punished as provided in § 1-14 of this code. In the event that any person responsible for making restitution for an oil discharge or spillage under § 10-4(c) fails to do so promptly, any cost accruing to this city, by reason of his or her failure, may be recovered by civil court action. Violations of § 10-4(d) and (e) shall also be subject to court injunction upon proper application and evidence.

(Ord. 15-71, § 4, 3-22-1971; Ord. 25-97, 5-5-1997)

The provisions of this article shall apply to all waters and canals within the municipal limits of the City of Cape Coral.

(Ord. 17-00, 3-27-2000)

The primary purpose of waterway regulations is public safety, particularly boating and water safety. The purpose for regulating watercraft speed in the salt and brackish water canals and waterways of the City of Cape Coral is manatee protection. The purpose of regulating watercraft in stormwater retention-detention basins is protection of water quality.

(Ord. 17-00, 3-27-2000)

For purposes of this article, the words and phrases herein defined, unless the context clearly indicates otherwise, shall have the meanings established below.

IDLE SPEED. The minimum speed that will maintain the steerage way of a vessel. At IDLE SPEED, the vessel shall not be emitting a wake.

OPERATE. To be in the actual physical control of a vessel upon the waters of the city or to exercise control over or steer a vessel being towed by another vessel upon the waters of the city.

PERSONAL WATERCRAFT. A small Class A-1 or A-2 vessel which uses an outboard motor, or an inboard motor powering a water jet pump, as its primary source of motive power, and which is designed to be operated by a person sitting, standing or kneeling on, or being towed, behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

SALT OR BRACKISH WATER. All associated and navigable tributaries of the Caloosahatchee River, Pine Island Sound and Charlotte Harbor, including any lakes, creeks, coves, bends, backwaters and boat basins, as well as any waterways that connect to the Caloosahatchee River, Pine Island Sound (including, but not limited to, Matlacha Pass) or Charlotte Harbor via a boat lift or boat lock.

(Ord. 116-03, 11-17-2003)

SLOW SPEED. A through-the-water speed slow enough that the boat is neither planing nor moving with an elevated bow. A vessel that is operating on a plane or is in the process of coming off plane and settling into the water is not proceeding at slow speed. A boat that produces no wake or minimum wake and is completely off plane is proceeding at SLOW SPEED. It shall also mean no speed greater than that which is reasonable and prudent to avoid either intentionally or negligently annoying, molesting, harassing, disturbing, colliding with, injuring or harming manatees and which comports with the duty of all persons to use due care under the circumstances.

VESSEL. Includes every description of watercraft, barge and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

(Ord. 17-00, 3-27-2000)

(a)

General. The City Council finds that the public health, safety and welfare of the citizens of the city and others, as well as the regulations contained in the Florida Manatee Sanctuary Act, require designation of areas within which the operation of vessels may be regulated or prohibited.

(b)

Idle speed zones. It is unlawful and prohibited for any person to operate a motorized vessel at a speed greater than idle speed in any idle speed zone. The following areas are hereby designated as idle speed zones:

(1)

Any area which has been duly designated as a manatee sanctuary area or posted as an idle speed zone;

(2)

Any canal;

(3)

Within 500 feet of any boat ramp; or

(4)

Any other area designated and posted by the city as an idle speed zone.

(c)

Slow speed zones. It is unlawful and prohibited for any person to operate a motorized vessel at a speed greater than slow speed in any slow speed zone. The following areas are hereby designated as slow speed zones:

(1)

Any salt or brackish water body in the City of Cape Coral, including, but not limited to, all basins, lakes, harbors and bays; or

(2)

Any area which has been duly designated as a manatee sanctuary area and posted as a slow speed zone; or

(3)

Any other area designated and posted by the city as a slow speed zone.

(Ord. 17-00, 3-27-2000)

Between the hours of 9:00 p.m. and 7:30 a.m., no boat or watercraft shall be operated at a speed greater than "slow speed" in any freshwater basin, lake, harbor or bay.

(Ord. 17-00, 3-27-2000)

(a)

Water skiing in the waterways of the city shall be subject to the following restrictions.

(1)

Water skiing shall be permitted only in freshwater basins, lakes, harbors or bays that are not posted as idle or slow speed zones.

(2)

Water skiing shall be permitted only between the hours of 9:00 a.m. and dusk.

(b)

Use of personal watercraft in the waterways of the city shall be subject to the following restrictions.

(1)

Use of personal watercraft shall be permitted only between the hours of 9:00 a.m. and dusk.

(2)

Operators must comply with any designated or posted idle-slow speed zones.

(3)

Operators are subject to the speed restrictions contained in § 10-10(b) and(c) above.

(4)

No personal watercraft shall be operated on any stormwater retention-detention basin.

(Ord. 17-00, 3-27-2000)

It is unlawful to operate a vessel in a reckless manner. A person is guilty of reckless operation of a vessel who operates any vessel, or manipulates any water skis, aquaplane, inner tube or similar device, in willful or wanton disregard for the safety of persons or property at a speed or in a manner as to endanger, or likely to endanger, life or limb, or damage the property of, or injury to, any person.

(Ord. 17-00, 3-27-2000)

Any person operating a vessel upon the waters in the city shall do so in a reasonable and prudent manner, having regard for other waterborne traffic, posted speed and wake restrictions and all other attendant circumstances so as not to endanger the life, limb or property of any person. The failure to operate a vessel in the manner described herein constitutes careless operation.

(Ord. 17-00, 3-27-2000)

Any person found guilty of violating any of the provisions of this article shall be punished by a fine not exceeding $500 or imprisonment for a term not exceeding 60 days or by both a fine and imprisonment.

(Ord. 17-00, 3-27-2000)

(a)

Findings. Based on the scientific studies, data and analysis presented at public hearings and made a part of the record of the proceedings for adoption of this article, the City Council finds that manatees are frequently sighted in and inhabit the manatee protection areas established pursuant to subsection (c), below, on a periodic or continuous basis. The City Council further finds that the adoption of this article regulating motorboat speed and operation will increase the protection of manatees from harmful collisions with motorboats, as hereinafter defined, within said protection areas.

(b)

Definitions. For the purposes of this section, the following terms, phrases, words and derivations shall have the meanings set forth herein:

AREA OF REGULATED WATER ACTIVITY shall mean an area of city waters, designated pursuant to article II, III or IV of this chapter that warrants additional regulation in order to prevent injury or loss of life, or the natural environment.

CITY WATERS shall mean all public navigable waters, creeks, bayous, canals and channels, whether natural or manmade, located within the City of Cape Coral, including all public waters within the jurisdiction of the city.

INTRACOASTAL WATERWAY shall mean that portion of the Florida Intracoastal Waterway (as defined in F.S. § 327.02) located within the jurisdictional boundaries of the City of Cape Coral, Florida, or Lee County, Florida.

MANATEE shall mean the West Indian manatee or sea cow.

MANATEE PROTECTION AREA shall mean an area of city waters, designated pursuant to this chapter, that, according to best available scientific information, manatees inhabit on a regular basis.

OPERATE shall have the meaning set forth in F.S. § 327.02, as amended, or its successor provision.

PERSON shall mean any individual, partnership, firm, corporation, association or other entity.

PERSONAL WATERCRAFT shall have the meaning set forth in F.S. § 327.02, as amended, or its successor provision.

REGULATORY MARKER shall mean a device used to alert the mariner to various regulatory matters such as horsepower, speed, wake, or entry restrictions in conformity with the Uniform State Waterway Marking System and the United States Aids to Navigation System, Part 62 of Title 33 of the Code of Federal Regulations.

SLOW SPEED or SLOW SPEED MINIMUM WAKE may be used interchangeably and shall have the meaning set forth in Section 68C-22.002(4) of the Florida Administrative Code, as amended, or its successor provision.

VESSEL shall have the meaning set forth in F.S. § 327.02, as amended, or its successor provision.

WATERCOURSE MAP orWATERCOURSE MAPS shall mean one or more of the maps established pursuant to this section.

(c)

Manatee protection areas established. The city hereby establishes the areas of regulated water activity identified below for the purpose of protecting manatees, in which no owner, operator or person in command of any vessel shall permit said vessel to be operated or operate said vessel in violation of the restrictions set forth in this section. The boundaries of the areas of regulated water activity established herein shall be as depicted and delineated in the manatee protection watercourse map attached to Ord. 19-16 and incorporated as Exhibit "A".

(1)

Slow speed zone for manatee protection purposes. The following area is designated as a slow speed zone for manatee protection purposes:

North Spreader Waterway manatee protection area. All water north of SW Pine Island Road, west of Burnt Store Road, south of NW 40th Lane, and east of the western most banks of the North Spreader Canal as depicted and delineated in the manatee protection watercourse map attached to Ord. 19-16 as Exhibit "A".

(2)

Any owner, operator or person in command of a vessel who permits operation of such vessel in excess of slow speed in the above- designated slow speed zone, unless exempt pursuant to (g), below, shall be guilty of a violation of this article.

(3)

The City Manager, or the City Manager's designee, shall coordinate marking of areas of regulated water activities identified herein (excluding the state manatee protection restrictions [Lee County Manatee Protection Zones]). In the interest of safety, new permanent markers and signage shall be placed on existing pilings, bridges and waterfront structures, whenever possible. The installation of new pilings in channels and waterways shall be limited to the minimum number necessary to achieve the purposes of this section in accordance with applicable law. Tethered buoys shall be placed where appropriate.

(d)

Enforcement. The provisions of this section shall be primarily enforced by the City of Cape Coral Police Department. In addition, the provisions of the section may be enforced by members of all duly authorized state, county, and municipal law enforcement agencies within Lee County, and to the extent authorized pursuant to F.S. Part II of Chapter 162, by designated City of Cape Coral Code Compliance Officers. Violations of this section shall be prosecuted in accordance with applicable provisions of F.S. § 327.73, as amended, or its successor provisions. Violations of this section may also be prosecuted pursuant to F.S. Part II of Chapter 162, as amended, or its successor provisions, so long as the penalties imposed do not exceed the limitations set forth in F.S. § 327.73.

(e)

Review. The city shall review the provisions of this article every other year, beginning in February 2017, to ensure areas of city waters are adequately categorized and manatees are appropriately protected. Additionally, in the event that a manatee death occurs as a result of boating activity in city waters, city staff shall assist federal, state, and county agencies to identify the nature and location of the activity that caused such death, and shall schedule for consideration amendments to this article to impose such additional restrictions as may prevent future manatee deaths under similar circumstances.

(f)

Education and awareness programs. The City Manager, or the City Manager's designee, shall continue the educational program(s) to promote manatee protection awareness. At a minimum, the program shall include informational signs at city boat ramps and the use of various print and broadcast media, and should invite the assistance and participation of boating and conservation groups.

(g)

Exemptions.

(1)

The operators of vessels owned or leased by the Federal government, the State of Florida, the Lee County Sheriff's Office, Lee County government, and the City of Cape Coral shall be exempt from the provisions of this section while performing their official duties.

(2)

Any vessel that is operating under emergency conditions shall be exempt from this section.

(Ord. 19-16, 4-25-2016)

(a)

Generally. Unless a bridge is designed and constructed for safe access by pedestrians to traverse beneath, under, or on adjacent right-of-way along the shoreline of a bridge, the City Council finds that access to areas beneath, under, or on adjacent right-of-way along the shoreline of bridges is dangerous and hazardous to the public so using them. Therefore, access to, or trespassing beneath, under, or on adjacent right-of-way along the shoreline of bridges not designed and constructed for safe pedestrian access within the municipal right-of-way is prohibited. The placement of appropriate signs thereon prohibiting such access or trespass is in the public interest and, therefore, a proper municipal function. The City Manager, or the City Manager's designee, shall install appropriate signs beneath, under, or on adjacent right-of-way along the shoreline of the bridges, indicating that access to or trespassing on areas beneath or under the bridge, or on adjacent right-of-way along the shoreline adjacent to the bridge is prohibited.

(b)

Violations. It shall be unlawful for any person to make use of the area beneath or under any bridge, or of the adjacent right-of-way area along the shoreline adjacent to such bridge, when one or more signs has been posted prohibiting such access. Any person making use of or accessing an area that is so posted shall be deemed in violation of this Section.

(c)

Penalties. Any person who violates this section shall be subject to a fine in the amount of Fifty Dollars ($50.00).

(Ord. 52-21, § 1, 6-16-2021)

(a)

Definitions. The following words shall for purposes of this section, have the following meanings:

(1)

BOAT means a vessel, as defined in Section 327.02, Florida Statutes, as may be amended; personal watercraft; canoe; raft; or similar apparatus designed for use on water, including any motors or engines designed to propel such apparatus.

(2)

MOORED means a boat that is secured to a mooring structure or made fast to the seafloor.

(3)

MOORING STRUCTURE means a dock, boat slip, seawall, boat davit, hoist, boat lift, mooring pile, or similar structure attached to land more or less permanently to which a boat can be moored.

(b)

Prohibitions. No boat, or any portion thereof, when moored, shall be located in or project into the following areas:

(1)

The centermost thirty (30) percent of the width of any waterway within the City, excluding lakes, basins, and the Caloosahatchee River, calculated as follows: the width of the waterway in which the boat is moored shall be measured perpendicularly from the waterside face of the seawall or water frontage line on one side of the waterway to the closest point on the waterside face of the seawall or water frontage line on the opposite side of the waterway.

(2)

Rim channels adjacent to all shorelines in lakes, basins, and the Caloosahatchee River. For purposes of this section, the rim channel adjacent to all shorelines in lakes, basins and the Caloosahatchee River shall be the area measured perpendicularly from the waterside face of the seawall or water frontage line in such waterway measuring out seventy (70) feet, but excluding the first forty (40) feet.

(c)

A citation or notice of violation for a violation of this section may be issued to the registered owner or person in control of the subject boat. When a boat is secured to a private mooring structure, a rebuttable presumption exists that the owner of the mooring structure is the person in control of the subject boat.

(d)

Any person who violates any of the provisions of this section shall be subject to a minimum civil penalty in the amount of $100.00 for a first violation, and $200.00 for any subsequent violation(s) of this section occurring within one (1) year after a finding of violation of the previous offense or a plea of no contest. Each day that a violation exists shall constitute a separate and distinct violation for which a civil citation may be issued. Alternatively, a notice of violation in accordance with the code enforcement provisions and procedures provided in Chapter 2, Division 3, Cape Coral Code of Ordinances, may be issued to any person who violates any of the provisions of this section.

(e)

Notwithstanding the foregoing, the provisions of this Section 10-15.3 shall not apply to any Mooring Fields that may be established pursuant to Chapter 10, City Code of Ordinances.

(Ord. 93-22, § 1, 11-2-2022)

This article shall be known and may be cited as the "Cape Coral Vessel Control Ordinance".

(a)

The purpose of this article shall be to promote safety in and between boating, swimming and other water related activities in Cape Coral.

(b)

The city hereby declares that the public health, safety and welfare of the citizens of Cape Coral require designation of specific areas within which the operation of vessels may be regulated or prohibited.

(c)

The city is hereby authorized to designate specific areas proscribing the operation of vessels therein, and the regulations for the conduct thereof. The city may, in the interest of safety, prohibit vessels from operating within the designated area.

(Ord. 104-03, 10-20-2003)

For the purposes of this section, the following terms, phrases, words and derivations shall have the meaning given herein.

BATHER. Any person who is in the same water as a vessel, whether the person is swimming, wading or engaged in any other activity in the water.

BEACH. The soft sand portion of land lying seaward of a seawall or line of permanent vegetation and seaward of the mean high water line.

OPERATE. To navigate or otherwise use any vessel in, on or under the water.

PERSON. Any individual, partnership, firm, corporation, association or other entity.

PERSONAL WATERCRAFT. A vessel less than 16 feet in length which uses an inboard motor powering a water jet pump, as its primary source of motive power and which is designed to be operated by a person sitting, standing or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

VESSEL. An engine-propelled or artificially-propelled vehicle and every other description of boat, watercraft, barge and air boat other than a seaplane on the water, used or capable of being used as a means of transportation on water including personal watercraft.

(Ord. 104-03, 10-20-2003)

The area of enforcement of the provisions of this section shall be all public navigable waters, creeks, bayous, canals and channels, whether natural or manmade, located within the corporate limits of Cape Coral, over which it may lawfully exercise jurisdiction, including all public waters within the jurisdiction of the city in which the tide ebbs and flows. This article does not apply to the Intracoastal Waterway within Florida and the navigable portions of the West Coast Inland Navigation District.

(Ord. 104-03, 10-20-2003)

The provisions of this section may be enforced by officers of all duly authorized law enforcement agencies within the city, including state, county and federal agencies.

(Ord. 104-03, 10-20-2003)

Every person operating any vessel in, on or under any waters within the area of enforcement as set forth above shall do so in a careful and prudent manner, taking into consideration the weather conditions and range of visibility, water turbulence, proximities to fishers, bathers, water skiers and other boats and watercraft and all other attendant circumstances so as not to endanger the life, limb or property of any person. Failure to operate a vessel in such a careful and prudent manner shall constitute careless boating in violation of this section.

(Ord. 104-03, 10-20-2003)

No owner, operator or person in command of any vessel shall permit or operate a vessel within any area of any waters designated by proper signage or markers as a "swimming only" zone or "vessel exclusion" area, or any other area that may be so designated by the Cape Coral City Council pursuant to the procedures set forth in this section.

(Ord. 104-03, 10-20-2003)

By resolution adopted at a public hearing upon at least ten days' notice (excluding Sundays and legal holidays) published in a newspaper of general circulation in Cape Coral, the City Council may designate a specific area as an area of prohibited water activity. In designating the areas, the City Council shall hear all testimony presented and make a finding that the designation is necessary for the safety and welfare of the citizens of the city. Upon the adoption of the resolution, the City Council shall publish a notice of adoption of the resolution including a map showing the "no swimming" or "vessel exclusion" zone in a newspaper of general circulation in Cape Coral, after which the designation of the area shall be complete and binding; provided however, no person shall be convicted of a violation of this section relating to the specified areas until signs designating the boundaries of the area have been posted in such a manner and place that they may reasonably be expected to be seen and read by a person operating a vessel in that area.

(Ord. 104-03, 10-20-2003)

Florida Fish and Wildlife Conservation Commission craft, Cape Coral Police Department craft, other City of Cape Coral craft, other official craft of any county, state or federal agency or department and craft operating under emergency conditions shall be exempted from the provisions of this section while performing their official duties or operating in an emergency.

(Ord. 104-03, 10-20-2003)

(a)

Prohibition. In any canal, lake, basin or other waterway within the municipal limits of the City of Cape Coral, no more than one commercial vessel shall be moored, docked or otherwise secured in any way to a dock, seawall, boat lift or other marine improvement or structure that projects from, is attached to or is located in conjunction with a residential property between the hours of 6:00 p.m. and 7:00 a.m.

(b)

Definition. For the purpose of this section, COMMERCIAL VESSEL shall include any vessel, boat, barge or other watercraft which is used for dredging or excavation work, construction work, transportation of cargo for a fee, commercial fishing, entertainment for a fee, towing other vessels or any other commercial enterprise or purpose. COMMERCIAL VESSEL shall also include any vessel, boat, barge or other watercraft upon which commercial lettering (i.e. letters, numbers, symbols or combinations thereof which advertise a trade, business, industry or other activity for profit, or a product, commodity or service) is affixed. Lettering that identifies only the manufacturer of the vessel and/or the establishment or dealer from which the vessel was purchased, rented or leased shall not be considered to be commercial lettering.

(c)

Exemptions. The following vessels are exempt from the provision within this section:

(1)

Vessels owned or leased by the city for the accomplishment of a municipal purpose, or owned or leased by a contractor or subcontractor under agreement with the city to accomplish a municipal purpose, or owned or leased by a public utility operating within the city, or by a contractor or subcontractor under agreement with the public utility, for the installation, maintenance, adjustment or repair of or to a public utility facility;

(2)

Vessels owned or leased by governmental entities, including but not limited to, the city, Lee County or the State of Florida, which are moored, docked or otherwise secured in any way to a dock, boat lift, seawall or other marine improvement or structure that projects from or is attached to residential property in a waterway within the municipal limits of the City of Cape Coral when the vessels are lawfully in the possession of an authorized agent or employee of the governmental entity; and

(3)

Construction barges and dredges utilized for construction activities under way pursuant to a valid city permit.

(Ord. 52-04, 6-1-2004)

The following words, terms and phrases, when used in this division, shall have the meanings described to them in this section, except where the context clearly indicates a different meaning:

ANCHORAGE AREA means a customary, suitable and designated harbor area in which vessels may anchor.

ANCHORING means the use of a heavy device fastened to a line or chain to hold a vessel in a desired position.

DESIGNATED SPECIAL ANCHORAGE AREAS means anchorage areas designated by the coast guard where it has been determined such an anchorage ground is necessitated due to maritime or commercial interests.

DINGHY means a small boat usually 13 feet or less, either inflatable or rigid, that serves to provide transportation between a larger anchored vessel and land.

EMERGENCY means any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property.

HARBOR means a natural or manmade anchorage and/or mooring area providing some degree of protection and security from storms.

HARBOR MANAGEMENT PLAN FOR MOORING AREA means a plan adopted by ordinance of the city council to address the rules and regulations of anchoring, mooring, and speed limits in the waters administrated by the city.

HARBORMASTER/DOCKMASTER means a designated city employee charged with implementation of the harbor management plan for mooring area.

HOUSEBOAT means a vessel that is used primarily as a residence for at least 21 days during any 30-day period in a county of this state if such residential use of the vessel is to the preclusion of its use as a means of transportation.

IDLE SPEED is the minimum speed that will maintain the steerageway of a motorboat.

LIVE-ABOARD VESSEL means:

(a)

A vessel used solely as a residence and not for navigation;

(b)

A vessel for which a declaration of domicile has been filed pursuant to F.S. § 222.17; or

(c)

A vessel used as a residence that does not have an effective means of propulsion for safe navigation.

A commercial fishing vessel is expressly excluded from the term "live-aboard vessel."

MARINE SANITATION DEVICE means any equipment for installation on board a vessel, which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage. Marine sanitation device Types I, II, and III shall be defined as provided in 33 C.F.R. part 159, as may be amended.

MOORING means permanent ground tackle where vessels are kept at anchor.

MOORING FIELD means a designated area where permanent ground tackle is utilized to provide multiple vessel moorings in accordance with the harbor management plan for mooring area.

SLOW SPEED means the speed at which a vessel proceeds when it is fully off plane and completely settled into the water, and when it creates only a minimum wake that does not endanger other vessels or marine life. Due to the different speeds at which vessels of different sizes and configurations may travel while in compliance with this definition, no specific numerical speed is assigned to slow speed.

TRANSIENT MOORING means a mooring for use by vessels for periods of no more than ten total days per month.

VESSEL means a term synonymous with the word "boat," as referenced in section 1(b), section VII of the state constitution, and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water under the Florida Vessel Registration and Safety Law.

(Ord. 41-18, § 1, 6-18-2018)

The harbor management plan for mooring area shall apply to all vessel(s), owner(s), crew(s), and guests entering the managed mooring field. Any vessel operator in violation of federal law(s) or regulation(s), state law(s) or regulation(s), or this Code would result in cause for eviction from the managed mooring field.

(Ord. 41-18, § 1, 6-18-2018)

Bimini Basin, located in the City of Cape Coral, Florida, is a 980,000-square foot body of water surrounded by four access waterways. One of these four waterways, Bimini Canal, provides boaters direct gulf access without any overhead obstructions.

(Ord. 41-18, § 1, 6-18-2018)

The harbormaster/dockmaster has the right to assign berths and moorings. No vessel shall occupy any mooring berth without the approval of the harbormaster/dockmaster or his designee. Subleasing of any mooring by the lessee is prohibited. Owners wishing to transfer to a different mooring other than the one assigned must obtain the prior authorization of the harbormaster/dockmaster or his designee and complete the required forms. It may be necessary to reassign a vessel from the particular space rented to another mooring within the managed mooring field as dictated by the practical needs of the existing use of the managed mooring field and the tenants therein. The decision or interpretation of this article shall be the responsibility of the harbormaster/dockmaster.

(Ord. 41-18, § 1, 6-18-2018)

It is the intent of the harbor management plan for mooring area to address the primary management of the managed mooring field located in the Bimini Basin in the City of Cape Coral. This will provide a safe mooring option for transient boaters, while also allowing the City of Cape Coral the ability to effectively monitor and regulate the activities inside Bimini Basin.

(Ord. 41-18, § 1, 6-18-2018)

The Bimini Basin Mooring Field is designed to accommodate the needs of vessels, which are typically sailboats up to 35 feet in length. However, the mooring field layout can also be adjusted to allow larger vessels up to 45 feet in length.

(Ord. 41-18, § 1, 6-18-2018)

(a)

Only vessels that are in compliance with the United States Coast Guard (USCG) regulations, and state statutes, particularly the operational and safety standards, shall be allowed within the managed mooring field. Only seaworthy vessels in good operating condition, capable of maneuvering under their own power or sail, possessing current registration and acceptable documentation, shall be allowed to moor or anchor within the managed mooring field. This is to ensure that all vessels are functional and operational, in the interest of public safety.

(b)

The decision of whether a vessel is considered to be in good operational condition and capable of maneuvering under its own power shall be the responsibility of the harbormaster/dockmaster, based on the United States Coast Guard and state laws and regulations concerning safety and operational requirements.

(c)

All vessels, except dinghies, without an integral source of propulsion (sail or motorized) are not allowed to remain within the managed mooring field. Examples of vessels that would not be allowed to remain within the managed mooring field are a sailboat with no motor and no sails, a motorboat with no motor, or a vessel that must be towed. This requirement does not include vessels that require minor sail or engine repairs.

(d)

Every vessel with an enclosed cabin and berthing facilities, including live-aboard vessels, shall, while on the waters of the state, be equipped with a toilet. On a vessel, other than a houseboat, the toilet may be portable or permanently installed. Every permanently installed toilet shall be properly attached to the appropriate United States Coast Guard certified or labeled marine sanitation device.

(e)

Every houseboat shall be equipped with at least one permanently installed toilet, which shall be properly connected to a United States Coast Guard certified or labeled type III marine sanitation device. If the toilet is simultaneously connected to both a type III marine sanitation device and another approved marine sanitation device, the valve or other mechanism selecting between the two marine sanitation devices shall be set to direct all sewage to the type III marine sanitation device and, while the vessel is on the waters of the state, shall be locked or otherwise secured by the boat operator so as to prevent resetting.

(Ord. 41-18, § 1, 6-18-2018)

All vessels should have a dinghy or other small craft as a method of conveyance to enable access to the dinghy dock and the office of the harbormaster/dockmaster. The vessel owner shall report the absence of a dinghy to the harbormaster/dockmaster. The vessel owner is responsible for transportation to and from the office of the harbormaster/dockmaster for registering to rent the mooring facilities. The vessel owner can utilize his main vessel for this purpose by temporarily bringing it to the fuel dock. The lack of such a dinghy shall not be a cause to refuse rental of a mooring. It is the sole responsibility of the occupants of the vessel to provide their own conveyance to the upland facilities. Under no circumstances is the city responsible for owning, operating, or maintaining a dinghy for the exclusive use of mooring patrons.

(Ord. 41-18, § 1, 6-18-2018)

(a)

Commercial activities or vessels engaged in commercial activities are prohibited from mooring in the managed mooring field. The site is designed as a recreational and residential site and shall be maintained as such. No advertising or soliciting shall be permitted on any vessel moored within the managed mooring field, except for "for sale" signs, not to exceed one square foot in size. Each vessel shall be limited to two "for sale" signs.

(b)

Minor commercial activities and vessels, such as water taxis, delivery vessels, pump-out vessels, and those performing minor repairs on mooring vessels, may extend service to the vessels in the managed mooring field. The harbormaster/dockmaster shall make the final decision on determining whether a commercial vessel is allowed in the managed mooring field.

(Ord. 41-18, § 1, 6-18-2018)

Major repairs or refitting of vessels, including any activity that could result in a deposition of any materials into the waterway or within the managed mooring field, are strictly prohibited since a significant water quality violation would result in an adverse impact to public health. Only minor repairs or mechanical adjustments may be conducted on vessels while in the managed mooring field. The harbormaster/dockmaster office shall be notified in advance to verify compliance of any proposed activity.

(Ord. 41-18, § 1, 6-18-2018)

(a)

The method of mooring vessels in the managed mooring field shall be by tying the buoy line to the bow only. The line used to attach a vessel to the mooring buoy shall be the one furnished, which has one end permanently attached to the buoy. No vessel shall be moored at the stern or be tied to more than one buoy or points on a vessel. Dropping or placement of additional anchors or anchor systems from any vessel in the managed mooring field is prohibited. All vessels within the managed mooring field shall only use the established buoys and anchoring systems.

(b)

Vessels may not anchor in a manner that:

(1)

Jeopardizes other vessels at anchor or underway;

(2)

Might cause damage to other property or persons; and/or

(3)

Impedes access to docks, slips or public or private property.

(Ord. 41-18, § 1, 6-18-2018)

If a vessel is left unattended for more than 72 continuous hours without giving prior notification to the harbormaster/dockmaster, the vessel shall be considered abandoned. If any vessel is determined to be abandoned, it may be stored in a secure location or commercial marina for 30 days, during which time the harbormaster/dockmaster shall make a reasonable, diligent effort to locate the owner of the vessel. If the vessel is not reclaimed within 30 days, the vessel shall be sold under the process prescribed by state statutes, at fair market value, which will cover the cost of unpaid rental fees, as well as any fees due for storage and removal.

(Ord. 41-18, § 1, 6-18-2018)

Any illegal activity within the boundaries of the city, which includes the manned mooring field, shall be grounds for immediate prosecution under the provisions of state statutes and/or this Code. It is the intent of the city to prosecute each violation to the fullest extent of the law.

(Ord. 41-18, § 1, 6-18-2018)

The city neither assumes, nor accepts any liability for use of the managed mooring field by tenants or guests. Also, the city neither assumes, nor accepts any responsibility for personal possessions, vessel, dinghy, or their contents or use while said vessels are located within the managed mooring field or upland facilities. Persons using the water of the city shall assume all risk of personal injury and damage or loss to their property. The city neither assumes, nor accepts any risk due to accident, fire, theft, vandalism, or acts of God.

(Ord. 41-18, § 1, 6-18-2018)

Overnight anchoring outside of the mooring field boundary is prohibited within the Bimini Basin.

(Ord. 41-18, § 1, 6-18-2018)

All vessels located in the Bimini Basin mooring field will need to be removed in advance of special events, including but not limited to:

(a)

Cardboard regatta; and

(b)

Christmas boat parade.

(Ord. 41-18, § 1, 6-18-2018)

Reckless or careless operation of any vessel, including but not limited to violation of navigation rules, when the vessel endangers or is likely to endanger life, limb, property, or person, shall be grounds for eviction from the managed mooring field.

(Ord. 41-18, § 1, 6-18-2018)

(a)

Discharge of sewage or other pollutants within the managed mooring field is prohibited. All vessels permitted to use the anchorage area shall be equipped with an approved and properly operating marine sanitation device. The harbormaster shall have authority to inspect the device and require a vessel to use the pumpout facility before assigning a mooring. The dockmaster shall have the authority to require periodic pumpouts and install a lockout device on the system, if deemed necessary. The other pump-out facility could be a floating facility, sometimes known as a "honey barge," should one be put into operation. All tenants within the managed mooring field must maintain strict compliance with 33 CFR 159 and F.S. § 327.53 as amended, as to the operation and management of marine sanitation devices to reduce discharges that would adversely impact public health. The use of the pump-out facility will be included in the fee for all tenants.

(b)

Violation of this section will be reason for immediate eviction, withholding of any security deposit and prosecution to the fullest extent provided by federal, state and city laws. Enforcement of sewage discharge laws will be by the state fish and wildlife conservation commission, or federal, state and local marine patrol.

(Ord. 41-18, § 1, 6-18-2018)

(a)

Noise shall be kept at a minimum at all times so as to avoid creation of a nuisance or disturbance. The anchorage area is in a residential neighborhood and tenants shall use discretion in using any sound producing devices or machinery, which may include but is not limited to televisions, radios, stereos and musical instruments, so as not to create a nuisance to other tenants and the surrounding community. Generators, blowers or other noisy machinery shall not be operated between the hours of 8:00 p.m. and 7:00 a.m. Disorderly, boisterous or rowdy conduct by a vessel owner, crew or guest that disturbs the peace of other occupants in the managed mooring field and the surrounding community shall be cause for a warning to the operator/tenant or eviction of the vessel from the managed mooring field.

(b)

The use of charcoal burners or any open flame equipment is prohibited on the docks or other common areas. All pets must be leashed while on the docks or in any common areas. Pets are permitted, provided they do not disturb other tenants. Laundry shall not be placed in public view aboard any vessel or in any common area.

(Ord. 41-18, § 1, 6-18-2018)

(a)

While within the managed mooring field, any discharge into the basin of any fluids, waste or other material, regardless of the nature thereof, that would adversely impact public health, except for clean bilge or properly treated wastewater, is prohibited by state and federal law. If the harbormaster/dockmaster or any employee observes any such discharge, they will immediately notify the department of environmental protection or call the state warning point number (800-320-0519). If such a discharge occurs and is illegal, eviction from the managed mooring field shall be mandatory, once appropriate environmental enforcement action has been taken.

(b)

In the event of an accidental discharge, the vessel captain, operator, or owner shall immediately notify the harbormaster/dockmaster to ensure any action that could improve the containment of the spilled/discharged material will begin as soon as possible.

(Ord. 41-18, § 1, 6-18-2018)

The vessel operator is encouraged to cooperate with and assist law enforcement personnel in the lawful pursuit of their duties. The vessel operator shall not improperly resist or obstruct a lawful boarding or inspection conducted by a law enforcement officer.

(Ord. 41-18, § 1, 6-18-2018)

The harbormaster/dockmaster shall have the authority to make necessary repairs in the event of an emergency when an unattended vessel is in immediate danger of sinking or represents a threat to other vessels. The emergency may include, but shall not be limited to, the vessel sinking or fire, breakdown of a bilge, fuel or sewage pumps or fluid leaks or broken lines. The cost of repairs, parts and labor will be assessed to the owner of the vessel and be due and payable within 48 hours of the return of the owner of the vessel or as provided by the harbormaster/dockmaster. Failure to pay this cost shall result in the City placing a lien on the vessel for unpaid fees or charges assessed by the harbormaster. If the vessel is deemed to be in imminent danger of sinking, fails to meet United States Coast Guard and state standards, leaks fluids or materials, or represents a threat to other vessels, the harbormaster/dockmaster will require repairs to be made within a reasonable, but specific period. If the repairs are not adequately accomplished, the vessel may be evicted from the managed mooring field.

(Ord. 41-18, § 1, 6-18-2018)

It is unlawful for the vessel owner to vacate a mooring without the permission of the harbormaster/dockmaster when said vessel has a delinquent dockage account. Additionally, as part of the lease agreement, the city will be authorized to place a lien on the vessel for the cost of the unpaid fees or charges assessed by the harbormaster/dockmaster.

(Ord. 41-18, § 1, 6-18-2018)

Misuse of any amenity or property is grounds for eviction. If any tenant, crew or guest damages any property or equipment of the amenities, due to neglect, misuse, vandalism or failure to follow stated instructions, the tenant shall be held responsible for the cost of repair and replacement, as well as any civil or criminal charges for the activity.

(Ord. 41-18, § 1, 6-18-2018)

(a)

Registered managed mooring field tenants shall have free use of the dinghy docks provided in the area by the City of Cape Coral. Dockage is limited to a single dinghy at any one time, with a maximum length of 13 feet overall. Dinghies must be kept in the water and secured by a single line of good quality from the bow to a cleat or ring on the dock.

(b)

Use of the dinghy docks by vessels anchored in designated anchorage is included in the anchorage amenity package. The same restrictions apply as to vessels in the managed mooring field.

(Ord. 41-18, § 1, 6-18-2018)

For the Bimini Basin mooring field, a pump-out facility provided by the City of Cape Coral identified in the tenant lease agreement shall be open and in operation from 8:00 a.m. to 6:00 p.m., seven days a week, with the exception of Thanksgiving Day and Christmas Day. There is no fee for the use of this facility by registered mooring field tenants. All vessels in the managed mooring field must use the pump-out facility on an as required basis.

(Ord. 41-18, § 1, 6-18-2018)

(a)

Tenancy in the managed mooring field shall fall into three categories defined as follows:

(1)

Transient: Five days maximum, with one day out, then five more consecutive days, not to exceed ten days in any given month. This will be known as the "5-1-5" rule.

(2)

Monthly: Not allowed.

(3)

Annually: Not allowed.

(b)

All vessels with the intention of utilizing the managed mooring field must make prior reservations with the office of the harbormaster/dockmaster, regardless of the planned length of stay. Arrangements for transient stays are on a space available basis and can be made upon arrival utilizing a very high frequency (VHF) radio on channel 16.

(c)

The tenants, upon taking residence within the managed mooring field, shall execute acknowledgement of the rules of the harbor management plan for mooring area, as well as the operational requirements of the managed mooring field. The lease agreement shall contain reasonable language, as deemed necessary, to enforce compliance with the provisions of this article.

(d)

A description of the requirements of the tenants, based on the terms of their anticipated stay, shall be as follows:

(1)

Transient tenant (one day to five days) shall sign a lease/dockage agreement with a hold harmless clause, as well as a section on the acknowledgement of the rules and operational requirements within the managed mooring field, and pay the required daily fee in advance. There will be no assessment of a security deposit for transient tenants.

(2)

Monthly tenant: Not allowed.

(3)

Annual tenants: Not allowed.

(Ord. 41-18, § 1, 6-18-2018)

(a)

The owner/vessel operator shall provide the following information for the lease/dockage agreement for the managed mooring field:

(1)

Owner's or operator's name;

(2)

Owner's or operator's home address, including city and state;

(3)

Owner's or operator's telephone number;

(4)

Emergency number (monthly and annual agreements);

(5)

Length overall (LOA);

(6)

Beam;

(7)

Draft;

(8)

Type of vessel;

(9)

Mooring assignment;

(10)

Vessel name;

(11)

Registration or document number;

(12)

Proof of insurance.

(b)

The tenant shall be responsible to inform the harbormaster/dockmaster of any changes in the preceding required lease information within 72 hours of any such changes.

(Ord. 41-18, § 1, 6-18-2018)

The city council shall set the daily rental rate for the mooring fields by resolution. The rate shall be posted in the dockmaster's office and on the signs at the entrance to the mooring field.

(Ord. 41-18, § 1, 6-18-2018)

Mooring field leaseholders are required to notify the office of the harbormaster/dockmaster whenever they plan to vacate the mooring for greater than 24 hours. A date of departure and planned time of return must be provided, if the vessel operator wants to maintain the right of tenancy. The harbormaster/dockmaster reserves the right to rent any unoccupied mooring space when an assigned vessel is absent for 24 hours or more, without any compensation to the mooring field leaseholder.

(Ord. 41-18, § 1, 6-18-2018)

To ensure compliance with the rules and regulations of the mooring field, a single sign shall be placed at the west end of the mooring area. The sign shall be four feet high by six feet wide and shall display the following wording: "(NAME) MOORING FIELD," "ALL VESSELS MUST USE MOORING BUOYS," "FOR MOORING ASSIGNMENT REGISTER AT THE DOCKMASTER'S OFFICE," "$ ___________ PER DAY MOORING RENTAL FEE."

(Ord. 41-18, § 1, 6-18-2018)

The speed limit in Bimini Basin and surround access waterways shall be slow speed, minimum wake or idle speed no wake as designated by the Florida Fish and Wildlife Commission.

(Ord. 41-18, § 1, 6-18-2018)

The office of the harbormaster/dockmaster shall, if possible, warn the managed mooring field tenants to exercise prudent and appropriate judgment in the event that a severe storm or hurricane threatens the area. The tenants shall be advised that the mooring equipment provided in the managed mooring field may not be able to withstand a hurricane or tropical storm and/or the associated wind and tidal surges. Evacuation of the managed mooring field will not be mandatory; however, it may be recommended.

(Ord. 41-18, § 1, 6-18-2018)

It may become necessary or desirable to expand a managed mooring field to address additional mooring requirements. At such time, a mooring field management plan may be modified to the extent that state and federal permit allow.

(Ord. 41-18, § 1, 6-18-2018)

The mooring systems will consist of an embedment anchoring system, downline, and floating buoy system marked with permit and anchorage numbers. Specific installation details and engineered drawings will provide further details.

(Ord. 41-18, § 1, 6-18-2018)