The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context otherwise requires:

Abandoned and derelict:

(1)

"Derelict vessel" means any vessel, as defined in [F.S.] § 327.02, that is left, stored, or abandoned:

(a)

In a wrecked, junked, or substantially dismantled condition upon any public waters of the city.

(b)

At any port in this city without the consent of the agency having jurisdiction thereof.

(c)

Docked or grounded at or beached upon the property of another without the consent of the owner of the property.

Boat-docking facility: A place where vessels may be secured to a fixed or floating structure or to the shoreline.

Bow riding: Riding on the bow, gunwale, transom, seat backs, seats on raised decks, or any other not intended for passenger seating while the vessel is underway and there is a significant risk of injury or death.

City: Crystal River, Florida.

City council: The city council of the City of Crystal River, Florida.

Commercial vessel: A vessel used as a place of business or a professional or other commercial enterprise involving the sale of goods or service, lodging, or other commercial activities not defined below.

Commercial fishing vessel: A vessel primarily engaged in the taking or landing of saltwater fish or saltwater products or freshwater fish or freshwater products, or a vessel licensed pursuant to Section 379.361, Florida Statutes from which commercial quantities of saltwater products are harvested, from within and without the waters of this state for sale to the consumer or to a retail or wholesale dealer, or a vessel used for the purpose of guide or charter fishing where a licensed captain is present.

Commercial ecotourism vessel: A vessel used as a place of business engaged in transporting patrons to and from a location where patrons engage in the act of entering the water to swim with or observe one (1) or more manatees or otherwise enjoy observing the waters of Kings Bay. Commercial ecotour vessels typically are for charter and for a limited duration.

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

Floating structure: A floating entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water but which serves purposes or provides services typically associated with a structure or other improvement to real property. The term includes, but is not limited to, an entity used as a residence, place of business or office with public access; a hotel or motel; a restaurant or lounge; a clubhouse; a meeting facility; a storage or parking facility; or a mining platform, dredge, dragline, or similar facility or entity represented as such. Floating structures are expressly excluded from the definition of the term "vessel" provided in this section. Incidental movement upon water or resting partially or entirely on the bottom does not, in and of itself, preclude an entity from classification as a floating structure.

Litter: Any garbage, rubbish, trash, refuse, can, bottle, container, paper, lighted or unlighted cigarette or cigar, or flaming or glowing material.

Live-aboard vessel:

(1)

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

(2)

A vessel for which a declaration of domicile has been filed pursuant to Florida Statutes; or

(3)

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

Marina: Any boat-docking facility which is used to conduct the business of providing services to vessels, the sale of marine supplies or the rental of locations for moorage or dockage for any live-aboard purpose.

Moor: To dock, anchor or otherwise park a vessel in a secured position.

Mooring field: An area designated by the city, county, or state for the mooring of vessels, using installed mooring buoys and providing for access to approved pump out facilities.

Person: Any individual, partnership, firm, corporation, association or other entity.

Personal watercraft: A small Class A1 or A2 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, or being towed behind a vessel rather than in the conventional manner of sitting or standing inside the vessel.

Pumpout facility: A pumping apparatus and attachments which are connected to a vessel for the purpose of removing sewage from a holding tank, or other container of the vessel connected directly to approved sanitary facilities on land adequate to handle sewage treatment and/or disposal in a safe and sanitary manner and consistent with state health standards.

Vessel: Synonymous with boat as referenced in s. 1(b), Art. 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 to include, but not limited to:

(1)

Foreign and domestic watercraft engaged in commerce;

(2)

Passenger or other cargo-carrying watercraft;

(3)

Privately owned recreational watercraft;

(4)

Airboats and seaplanes; and

(5)

Houseboats or other floating residential units.

Waters of the City of Crystal River: All navigable waters or waters connected thereto within the boundaries of the City of Crystal River, Florida.

(Ord. No. 06-0-31, 12-11-2006; Ord. No. 22-O-27, §§ 3, 4, 10-10-2022)

(a)

No person shall anchor, operate, or permit to be anchored, except in cases of emergency, a vessel or carry on any prohibited activity in a manner which shall unreasonably or unnecessarily constitute a navigational hazard or interfere with another vessel.

Anchoring under bridges or in or adjacent to heavily traveled channels shall constitute interference if unreasonable under the prevailing circumstances.

(b)

No person shall moor or fasten a vessel to a lawfully placed aid-to-navigation marker or buoy, regulatory marker or buoy, or area boundary marker or buoy, placed or erected by any governmental agency, except in case of emergency.

No person shall willfully damage, alter, or move a lawfully placed aid-to-navigation marker or buoy, regulatory marker or buoy or area boundary marker or buoy.

(c)

No person shall moor or anchor a vessel in navigable waters outside of a designated mooring field overnight or during periods of limited visibility, without displaying a white mooring light(s) in accordance with USCG Rules of Navigation Number 30.

(d)

Restricted areas.

(1)

The city shall have the authority for establishing by resolution additional restricted areas on the waters of the state for any purpose deemed necessary for the safety of the public, including but not limited to, mooring fields, boat speeds and boat traffic where such restrictions are deemed necessary based on boating accidents, visibility, tides, congestion, or other navigation hazards. Each such restricted area shall be developed in consultation and coordination with Citrus County, and appropriate state and federal agencies.

(2)

It is unlawful for any person to operate a vessel or to carry on any prohibited activity deemed a safety hazard or interference with navigation as provided above within a restricted water area which has been clearly marked, except in case of an emergency. This section shall not apply to patrol or rescue craft.

(Ord. No. 06-0-31, 12-11-2006)

(a)

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 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 injure any person. Violators shall be cited under the corresponding section of F.S. ch. 327.

(b)

Any person operating a vessel upon the waters of this city shall operate the vessel in a reasonable and prudent manner, having regard for other waterborne traffic, posted speed and wake restrictions, the presence of diver's down flag as defined in Section 861.0657.5, Florida Statutes, 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 such a manner constitutes careless operation. However, vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel shall, absent negligence, not constitute damage or endangerment to property.

(c)

It is unlawful for any person to operate a vessel while allowing passengers to ride on the bow, gunwale, transom, seat backs, or any other place not intended for passenger seating, while the vessel is underway. Nothing is this provision is intended to prohibit passengers assisting in mooring or other vessel related operations.

(d)

Each person operating a vessel upon the waters of this state shall comply with the navigation rules. Law enforcement vessels may deviate from the navigational rules when such diversion is necessary to the performance of their duties and when such deviation may be safely accomplished.

(e)

Unless otherwise provided in this chapter, the ascertainment of fault in vessel operations and boating accidents shall be determined according to the navigation rules.

(f)

Personal watercraft regulated.

(1)

A person may not operate a personal watercraft unless each person riding on or being towed behind such vessel is wearing a type I, type II, type III, or type V personal flotation device approved by the United States Coast Guard.

(2)

A person operating a personal watercraft equipped by the manufacturer with a lanyard type engine cutoff switch must attach such lanyard to his/her person, clothing, or personal flotation device as is appropriate for the specific vessel.

(3)

A person may not operate a personal watercraft at any time between the hours from one-half hour after sunset to one-half hour before sunrise.

(4)

A personal watercraft must at all times be operated in a reasonable and prudent manner. Maneuvers which unreasonably or unnecessarily endanger life, limb, or property, including, but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to such other vessel or when visibility around such other vessel is obstructed, and swerving at the last possible moment to avoid collision shall constitute reckless operation of a vessel, as provided in F.S. § 327.33(1).

(5)

No person under the age of fourteen (14), sixteen (16) years of age if a rental, shall operate a personal watercraft on the waters of this state.

(6)

It is unlawful for the owner of any personal watercraft or any person having charge over or control of a personal watercraft to authorize or knowingly permit the same to be operated by a person under fourteen (14) years of age in violation of this section. Any person who violates this subsection shall be guilty of a misdemeanor of the second degree.

(g)

Vessel safety regulations; equipment and lighting requirements.

(1)

Every vessel on the waters of this city shall carry, store, maintain, and use safety equipment in accordance with current United States Coast Guard safety equipment requirements as specified in the Code of Federal Regulations, unless expressly exempted by state law. Every person under six (6) years of age on board a motorboat, sailboat, or vessel which measures less than twenty-six (26) feet in length shall wear a type I, type II, or type III Coast Guard approved personal flotation device while such motorboat, sailboat, or vessel is underway. For the purpose of this section, "underway" shall mean at all times except when a motorboat, sailboat, or vessel is anchored, moored, or aground.

(2)

Every vessel on the waters of this city shall display the lights and shapes required by the navigation rules.

(3)

The use of sirens or flashing or revolving red or blue emergency lights on any vessel is prohibited, except on a vessel operated by a law enforcement officer or fire protection officer in the performance of his official duties or on a vessel engaged in emergency rescue activity.

(4)

Vessel registration number.—Each vessel that is used on the waters of the state must display a commercial or recreational Florida registration number, unless it is:

a.

A vessel used exclusively on private lakes and ponds.

b.

A vessel owned by the United States government.

c.

A vessel used exclusively as a ship's lifeboat.

d.

A non-motor-powered vessel.

e.

A federally documented vessel.

f.

A vessel already covered by a registration number in full force and effect which has been awarded to it pursuant to a federally approved numbering system of another state or by the United States Coast Guard in a state without a federally approved numbering system, if the vessel has not been within this state for a period in excess of ninety (90) consecutive days.

g.

A vessel operating under a valid temporary certificate of number.

h.

A vessel from a country other than the United States temporarily using the waters of this state.

i.

An undocumented vessel used exclusively for racing.

(5)

The indiscriminate or unnecessary use of searchlights, horns, whistles or bells on or from any vessel or watercraft or from shore shall be prohibited.

(h)

Speeding in a restricted speed zone or Manatee Zone (as established by the U.S. Fish and Wildlife Service, recognized by the Florida Marine Patrol). No person shall operate a vessel in excess of a posted speed limit.

(Ord. No. 06-0-31, 12-11-2006)

Violations related to the safe operation of a vessel in city waters may be enforcement by the police department under city ordinance. As outlined in [F.S.] ch. 327, all marine violations must be cited on Fish and Wildlife uniform boating citations.

(1)

Per F.S. ch. 327 the city must charge the same fines as the state for marine violations enforced under city ordinance. Currently, the base fine set by statute for marine violations is fifty dollars ($50.00). Should the State of Florida increase said fine, the city shall automatically increase the base fine appropriately without further action by the council.

(2)

In addition to the base fine, the city shall assess additional fees as follows: seven dollars and fifty cents ($7.50) to be placed in a fund for maintenance of public marine facilities; seven dollars and fifty cents ($7.50) marine enforcement fee, to fund marine enforcement related capital and non capital expense items in the police department; and as outlined in F.S. 938.15 a two-dollar ($2.00) fee to support the city's school crossing guard program.

(3)

Persons cited under this ordinance may schedule a hearing before the city's special master as outlined in Ordinance 2-111.

(4)

Any person, firm, or corporation violating this act commits a misdemeanor of the first degree and shall be punished as provided by law. Conviction under this section shall not bar the assessment and collection of the civil penalty provided in F.S. ch. 376.16 for violation of ch. 376.15. The court having jurisdiction over the criminal offense, notwithstanding any jurisdictional limitations on the amount in controversy, may order the imposition of such civil penalty in addition to any sentence imposed for the first criminal offense.

(Ord. No. 06-0-31, 12-11-2006)

State Law reference— Similar provisions, F.S. § 327.33.

The exhaust of every internal combustion engine used on any vessel operated on the waters of this city shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. Airboats are required to have functional automotive type mufflers. The use of cutouts is prohibited, except for vessels competing in a regatta or official boat race and for such vessels while on trial runs.

(Ord. No. 06-0-31, 12-11-2006)

State Law reference— Similar provisions, F.S. § 327.65(1).

All regulatory markers, signs, notices or warning signs in, on or over the waters of the State of Florida which were placed without a permit from the division of marine resources or which do not comply with the standards adopted by the department of environmental protection shall be prohibited.

(Ord. No. 06-0-31, 12-11-2006)

No person shall abandon any vessel in the public waterways within the city.

(1)

"Derelict vessel" means any vessel, as defined in [F.S.] § 327.02, that is left, stored, or abandoned:

(2)

In a wrecked, junked, or substantially dismantled condition upon any public waters of the city.

(3)

At any port in this city without the consent of the agency having jurisdiction thereof.

(4)

Docked or grounded at or beached upon the property of another without the consent of the owner of the property.

a.

All city law enforcement officers as specified in [F.S.] § 327.70 are authorized and empowered to immediate remove or cause to be removed any abandoned or derelict vessel from public waters in any instance when the same obstructs or threatens to obstruct navigation or in any way constitutes a danger to the environment. Removal of vessels pursuant to this section may be funded by grants provided in [F.S.] ch. 206.606 and 376.15, or at the owner's expense.

b.

When a derelict vessel is docked or grounded at or beached upon private property without the consent of the owner of the property, the owner of the property may remove the vessel at the vessel owner's expense 60 days after compliance with the notice requirements specified in [F.S.] chs. 328.17(5) and 823.11. The private property owner may not hinder reasonable efforts by the vessel owner or agent to remove the vessel. Any notice given pursuant to this paragraph shall be presumed delivered when it is deposited with the United States Postal Service, certified, and properly addressed with prepaid postage.

c.

All costs associated with the removal of abandoned or derelict vessels shall be recoverable against the owner of the vessel.

(Ord. No. 06-0-31, 12-11-2006)

State Law reference— Similar provisions, F.S. § 823.11.

All vessels docked, moored or tied to land, docks, piers or wharves, abutting the public waterways in the city shall observe all the health and sanitary regulations of the city, and all ordinances of the city relating to the conduct of persons and prohibiting acts contrary to public health, morals, safety or public peace, including ordinances prohibiting disorderly conduct and loud and boisterous noises which disturb the peace of the neighborhood.

(Ord. No. 06-0-31, 12-11-2006)

No person shall manipulate any water skis, aquaplane or similar device from a vessel while intoxicated or under the influence of any narcotic drug, barbiturate or marijuana to the extent that his normal faculties are impaired.

(Ord. No. 06-0-31, 12-11-2006)

(a)

It shall be unlawful to moor, dock or secure a vessel to or adjacent to another's land in the city without his/her prior written consent.

(b)

It shall be unlawful for any live aboard vessel or floating structure to anchor in the waters within the corporate limits of the city, unless such vessel is moored in a marina, and/or mooring field that has been approved by the city for this purpose.

(c)

No vessel shall be moored or docked in a manner that combination of vessel and dock exceeds or occupies more than twenty-five (25) percent of the width of the waterway when measured from the mean high water line.

(d)

No vessel shall be moored or docked in a manner that such vessel extends beyond recorded side yard property lines.

(e)

It shall be unlawful to moor, dock or secure a motorized vessel at Hunter's Spring Park.

(f)

It shall be unlawful moor a vessel in navigable waters of the city, outside of a designated mooring field, during periods of darkness, or limited visibility without displaying a white mooring light(s) in accordance with USCG "Rules of Navigation" Number 30. Violations of this section are punishable by fine as outlined in subsection 5-3.1(a).

(g)

It shall be unlawful for commercial vessels to anchor in the waters within the corporate limits of the city between sunset and sunrise unless such vessel is moored in a marina, and/or mooring field that has been approved by the city for this purpose. Commercial vessel specifically excludes commercial fishing vessels and commercial ecotourism vessels.

(Ord. No. 06-0-31, 12-11-2006; Ord. No. 22-O-27, § 4, 10-10-2022)

(a)

It shall be unlawful for any person to engage in the business of operating a marina in the city, unless the marina has an approved pump-out facility.

(b)

Any marina which provides mooring for vessels for living-aboard purposes with installed on-board sewer systems must have:

(1)

Public restrooms with facilities for sewage disposal and bathing, meeting the requirements of Chapter 10(D)-9 of the Florida Administrative Code;

(2)

A pump-out facility to which all live-aboard vessels can pump out, and such pumpout facility must be approved by the city.

(c)

Overboard disposal of litter is prohibited. Refuse shall be stored, transported and disposed of in accordance with the provisions of Chapter 17-7, Florida Administrative Code. All garbage shall be stored in tightly covered impervious containers. These containers shall be provided in sufficient numbers to prevent garbage overflowing and shall be kept in racks or holders designed to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them. Portable bulk units for central storage may be used upon approval by the city.

(d)

All garbage shall be collected at least once a week and transported in covered vehicles or covered containers. Burning of refuse in a marina is prohibited.

(e)

In the event of any breakdown of any pump-out facility required by this chapter, it shall be the duty of the marina operator to immediately notify the city and to take immediate corrective action to restore the equipment to full and proper operation.

(f)

Any marina not in conformity with this section shall have six (6) months from the date of passage of this chapter to comply.

(Ord. No. 06-0-31, 12-11-2006)

It is unlawful for any person to discharge or permit or allow any other person to discharge any raw or improperly treated sewage, garbage, trash, litter or other waste or waste material into the waters of the city.

(Ord. No. 06-0-31, 12-11-2006)

It is unlawful for any person to jump, dive, or hang from any bridge in the corporate limits of the city.

(1)

It is unlawful for any person to stand or climb on any portion of a bridge structure not intended for pedestrian traffic.

(2)

Maintenance workers performing city authorized work are exempt from these provisions.

(Ord. No. 06-0-31, 12-11-2006)

(a)

Violation of the provisions of this chapter or failure to comply with any of its requirements is hereby declared to be a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by law.

(b)

In addition to, and as an alternative to any penalty provided herein by law, any person who violates the provisions of this chapter or fails to comply with any of its requirements shall be punished by a fine. Such person shall be guilty of a separate offense for each day during which the violation occurs and/or continues.

(Ord. No. 06-0-31, 12-11-2006)

The provisions of this chapter shall be enforced by members of the Citrus County Health Department, the Florida Marine Patrol, the United States Coast Guard and members of all duly authorized law enforcement agencies within the city.

(Ord. No. 06-0-31, 12-11-2006)

This chapter shall be operative to the extent that it is not in conflict with F.S. ch. 327, or any other state or federal regulation.

(Ord. No. 06-0-31, 12-11-2006)

Operating or anchoring of a commercial vessel within one hundred (100) feet of the shoreline in and over waters of the City of Crystal River for the purpose of conducting business is prohibited, except as provided for in this section. Commercial vessel specifically excludes commercial fishing vessels and commercial ecotourism vessels.

(Ord. No. 22-O-27, § 5, 10-10-2022)