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MUNICIPAL DOCK
Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
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Boat or vessel means every description of self-propelled watercraft used or capable of being used as
a means of transportation on water, including all types of boats and all uses thereof.
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Dockmaster means a person charged with the responsibility of directing the mooring and removing of
vessels from the municipal dock, reporting to the director of community services any violations of the rules and regulations set forth in
section 78-82 and any items needing repair at the dock and collecting the transient rental rates and turning the collections over to the
city.
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Moor means to secure a vessel or boat by line, cable or other device to any boat slip, dock, pier,
wharf, dockage space or docking facility at the municipal dock, in such a manner as to ensure the security of such vessel.
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Per foot of boat means a boat measurement that shall be for the extreme length of the boat, including
bowsprits and dinghies hung on a transom.
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Regular or permanent berth means any boat slip, dock, pier, wharf or other dockage space or facility
provided at the municipal dock for the mooring of uninhabited boats or vessels for a period exceeding three consecutive months.
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Transient berth means any boat slip, pier, dock, wharf or other dockage space or facility provided at
the municipal dock for the mooring of uninhabited or inhabited boats or vessels for a period not exceeding three consecutive months.
(Code 1957, § 7-7.1(A))
Rules and regulations for use and operation.
The dockmaster is responsible for the enforcement of the rules and
regulations for the municipal dock and may terminate the dockage agreement and order any boat or vessel to vacate the space occupied by the
boat or vessel for violation of any rule or regulation relating to the dock. . .
In addition to the procedure dealing with enforcement of violations at the municipal dock, the city will provide a hearing and
appeals procedure for violation of rules and regulations of the dock, as follows: Within ten days of the notice of violation, the offender may
file a written notice of intent to appeal the dockmaster's decision to the director of community services, whereby a hearing will be scheduled
within five days with the city manager or his designee. The decision of the city manager or his designee shall be final.
Only legally registered boats or vessels in good condition will be admitted to
berthing areas. In an emergency, such as but not limited to breakdown of a bilge pump, leaks or bad lines, the dockmaster is authorized to have
the necessary repairs made, as economically as possible, and to charge the owner therefore.
The rules of the road relating to boats and vessels shall apply in and around
the dock area.
If it becomes necessary to move a boat or vessel for safety purposes or
otherwise and the boat owner is not immediately available, the dockmaster is authorized to effect the necessary move.
Boat owners leaving the dock for a period of time shall notify the dockmaster
of their departure and return dates. The city reserves the right to rent vacant berths on a temporary basis for transient boats or vessels.
Such boats or vessels shall be required to vacate the berths within 24 hours in the event the berth lessee returns prior to the scheduled
return date unless the dockmaster assigns boat owner to a temporary berth. All proceeds from said rental shall be retained by the City of
Naples.
No boat parts, equipment, materials or inflammable substances shall be stored
on said dock. All trash and garbage shall be placed in plastic bags and secured in a container provided for said purpose on said dock. It shall
be the responsibility of boat owners to keep the premises rented to them in an orderly and clean condition; and upon any user's failure to do
so, the director of community services, or his designee, may order the premises cleaned and assess reasonable charges for the cost of said
cleaning, or a minimum charge of $25.00.
No painting, scraping or repairing of gear shall be permitted on the dock or
finger piers, except such repairs and maintenance as may be authorized by the dockmaster.
Any boat or vessel moored at the dock may be inspected at any time by
either the dockmaster or a U.S. Coast Guard representative for safety purposes.
No person shall be permitted to live aboard a boat or vessel, except
in a transient berth. All inhabited boats and vessels shall be equipped with an approved and properly operating marine sanitation device. The
dockmaster may inspect any boat or vessel to ensure compliance with this subsection.
All sections of this Code and all other ordinances of the city shall
apply to persons using the dock, insofar as such may be applicable.
The mooring of boats and vessels at the dock is hereby declared to be a
privilege and not a right, and that recreational leases shall be terminable upon one week's notice at the sole discretion of the city manager,
or his designee and that commercial boat leases shall be terminable pursuant to the terms and conditions of the lease document.
Hours of operation. The Naples City Dock shall be open to the general
public from 6:00 a.m. to 11:00 p.m. Unauthorized persons found to be trespassing shall be subject to arrest. Tenants of the city dock will be
allowed access 24 hours per day.
WATER RESOURCES
Water resources generally.
Use of waterways; jurisdiction of
city over waterways and adjacent land.
The city shall have the right to regulate the use of all waterways
within the city limits and the conduct of all persons using the waterways, consistent with and not in conflict with federal or state
regulations. All ordinances of the city regulating the conduct of persons on land shall apply to persons using waterways, insofar as such
ordinances are properly applicable.
All boats or 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.
No vessel or watercraft of any kind whatsoever shall be moored or tied up to a
private seawall or dock or be beached upon private property within the city limits with out the permission of the owner thereof. Any vessel or
watercraft moored, tied up or beached in violation of this subsection may be removed and impounded in accordance with the procedures for the
removal and impounding of vehicles set forth in section 62-66.
No vessel or watercraft of any kind whatsoever moored or docked in any of the
publicly dedicated waterways in the city shall be used as a place from which business or professional services are conducted; provided,
however, that this shall not apply to charter fishing boats and sightseeing boats licensed by the city or to boats being displayed for sale.
No vessel or watercraft of any kind whatsoever moored or docked in any dead-end
canal or waterway, or portion of a dead-end canal or waterway, shall be used for human habitation within the city limits. This regulation shall
prohibit sleeping, eating or cooking on such watercraft so situated.
Any commercial marina that provides berthing or slips for any vessel 26 feet or
longer in length or any live aboard vessel occupied for a period of ten days or longer shall provide an approved waste reception facility. An
approved waste reception will be a direct sewage pump out hook-up for each slip or portable sewage pump out equipment. No vessel 26 feet or
longer in length shall be allowed to moor in any marina that does not provide the proper waste reception facility. Each vessel shall be
equipped with a United States Coast Guard (USCG) certified or labeled Type III marine sanitation device plumbed so that it can be attached to
the approved waste reception facility. Those vessels equipped with an approved Type I or II marine sanitation device will be acceptable and
will be plumbed so that it can be attached to the approved waste reception facility. For the purpose of this subsection:
Moor means to secure a vessel by line, cable, or other device to any
boat slip, dock, pier, wharf, dockage space, or docking facility, in such a manner as to assure the security of such vessel.
Obstruction of waterways.
It shall be unlawful to place any wall or any structure or
obstruction of any nature in the canals, waterways and ditches that shall encroach in any manner upon the bottom width of such canals,
waterways and ditches as they now exist.
It shall be unlawful for any person to place any obstruction of any kind
whatsoever in any of the canals, waterways or ditches in the city as such canals, waterways and ditches now exist.
It shall be unlawful for any person to abandon any boat or watercraft in
the public waterways within the corporate limits of the city or to moor the boat or watercraft in such manner as to cause such watercraft
to be or become a menace to navigation.
No vessel or watercraft of any kind whatsoever which is of an unsightly
appearance or in a badly deteriorated condition, or which is likely to damage any docks, or which might become a menace to navigation,
shall be permitted to moor or tie up at the docks. Vessels or watercraft in such condition are hereby declared to be a public nuisance.
The city manager shall determine whether any such watercraft is of unsightly appearance or in a badly deteriorated condition, and if
found so to be shall take proper steps to compel the repair or removal of the watercraft. Where such action is necessary in the
performance of his duties under this section, the city manager shall have authority to remove any boat, and shall move or cause the boat
to be removed to a boatyard or to a public dock.
For full text of Naples ordinances, see:
http://www.municode.com/database.html
Kenneth B. Cuyler, Naples City Attorney
735 8th St. South
Naples, FL 34102
(941) 434-4606
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