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Municipal Yacht Basin
Rules and regulations.
All persons using the facilities of the municipal yacht basin of the city shall comply with
and abide by the following rules and regulations for the use and operation thereof:
Vessel registration. When a vessel enters the yacht basin, it must be
immediately registered with the dockmaster.
Vessel departure. Guests checking out of the marina shall report to the
dockmaster's office to settle any open accounts prior to leaving. Departing guests may wish to leave a forwarding address to facilitate
forwarding mail and messages which may arrive after departure. All personal property, including dock boxes, must be removed from the premises
when the dockage agreement is terminated.
Live aboards. The city may accept a number of live aboard tenants.
Living aboard shall be construed as residence rather than casual usage. Live aboards will be arranged so as to provide security and harmony
within the yacht basin. The dockmaster will be the sole determinant of such arrangements. Living aboard without the prior consent of the
dockmaster may be cause for termination of the dockage agreement. Live aboard fees are set by resolution.
Vessel operation. Vessel owners or their authorized representatives shall be
responsible for the operation of the vessel in the yacht basin area. The vessel shall be operated with due care and diligence to prevent injury
to any person, damage to other boats and the yacht basin facilities. No vessel shall be operated in the yacht basin or channel so as to create
a wake. The vessel owner shall be held liable for any damage or personal injury resulting from the operation or use of the vessel.
Sanitary facilities. The overboard discharge of boat sewage waste is prohibited
in the yacht basin. Pumpout facilities have been provided for the removal of sanitary wastes from vessel holding tanks. Each vessel in the
yacht basin shall contain a U.S. Coast Guard approved sanitation device, complying with the requirements of the Coast Guard governing the
installation and use of such devices upon the particular vessel involved. These sanitation devices shall be properly functioning and used at
all times while the vessel is in the yacht basin. The dockmaster shall, with the vessel owner's permission, have the right to board and inspect
prior to allowing any vessel to remain overnight at the yacht basin.
Peaceful usage. The vessel owner agrees to peacefully use the yacht
basin facilities and the dockage space assigned. Vessel owners, their authorized representatives and guests shall not do, suffer or allow,
either individually or as part of an organization of persons, any act which may have an effect of disturbing the peace, inconveniencing, or
subjecting to physical jeopardy the yacht basin premises, employees or other vessels docked or moored at the yacht basin; or any act which may
impede, disrupt or injure the orderly operation of the yacht basin or any portion of it.
Garbage and debris. No garbage, refuse or other debris shall be
thrown, placed or discharged into the yacht basin waters. Refuse shall be deposited in refuse cans supplied for that purpose. Guests shall
notify the dock attendant to make arrangements for disposal of items that will not fit in the refuse cans provided.
Bottom scraping. Absolutely no bottom scraping will be permitted
within the confines of the yacht basin. Only the scraping and cleaning of running gear for navigational purposes will be permitted.
Vessel owner work. Vessel owners or their authorized representatives may
perform normal maintenance work on their own vessel. The extent of repairs and maintenance permitted on the premises shall be at the
dockmaster's discretion. The use of power tools outside the vessel is prohibited between the hours of 8:00 p.m. and 8:00 a.m.
Automobile parking. The city reserves the right to limit and govern the use of
parking spaces at the yacht basin. Guests seeking a parking lease must contact the yacht basin management. Unauthorized vehicles parked in
leased parking spaces will be towed at the owner's expense. From time to time, the city requires the use of the yacht basin parking lot for
municipal functions, therefore, all lessees shall agree to temporarily vacate leased parking spaces at the dockmaster's request. Guests who
lease parking spaces, but do not maintain full time residency at the yacht basin, must provide telephone numbers to the yacht basin office so
that they may be contacted in case of an emergency.
Appeals process. Should a dispute arise regarding these rules and
regulations or the provisions of the contracts, the vessel owner may bring the issue(s) before the council yacht basin committee.
Rates. Subject to further action by the city council as may be required from
time to time, rates for dockage shall be established as recommended by the council yacht basin committee and approved by resolution duly
adopted by the city council.
(Code 1963, § 8-1; Ord. No. 2647, § 1, 8-3-92)
Vessels must be operational.
All vessels docked at the city yacht basin shall be functionally
operational at all times, except when the vessel is actively under immediate repair. The drive units of all vessels must function adequately
to allow the vessel to safely navigate the waters of the Caloosahatchee River in the event of a hurricane evacuation. The operator or owner
of any vessel must demonstrate the vessel's ability to function properly upon the reasonable request of the city dock master.
Vessels which are not functionally operational shall be promptly repaired and
arrangements for such repair shall be made as soon as the need arises. In order to protect city property, nonoperational vessels shall
otherwise be removed from the yacht basin at the written order of the city dock master. In the event the owner of a nonoperational vessel is
absent or refuses to comply with the dock master's order, such vessel shall be removed from the city yacht basin and shall be placed in dry
storage or in other accommodations as are appropriate, with all costs assessed against the owner of such vessel. If such measures become
necessary, the dock master shall notify such owner by certified mail of the action to be taken. The owner of such vessel shall have ten (10)
days to file a written appeal of the dock master's decision with the city council.
(Code 1963, § 8-2.2)
LAND USE REGULATIONS, . SUPPLEMENTARY DISTRICT REGULATIONS
Boats and other waterborne vessels.
Boats and other waterborne vessels may be docked at an owner's
residence in a residential neighborhood, but may not be docked for living or sleeping purposes. Said boats or other waterborne vessels,
except for sailing vessels, shall have a working source of power sufficient to control the vessel in event of adverse weather conditions.
Any boat or waterborne vessel docked for habitation or sleeping purposes
shall only be docked at a public or licensed private marina and shall be equipped with sanitary facilities approved by the United States
Coast Guard.
This section shall apply to all waters within and adjacent to the city.
(GMC § .008(G)(17); Ord. No. 2692, § 25, 7-6-93)
For full text of Fort Myers ordinances, see:
http://www.municode.com/database.html
Grant Alley, Acting Fort Myers City Attorney
2200 Second Street
Fort Myers, FL 33901
(941) 332-6707
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