Palmetto Local Restrictions

Sec. 25-51. Definitions.

   For the purpose of this article, the following terms, phrases, words and derivation shall have the meaning given herein:

• Bather means any person who is in the same body of water as a vessel, whether said person is swimming, wading or engaged in any other activity in the water.

• Idle speed means the lowest speed at which a vessel can operate and maintain steering control.

• Operate means to navigate or otherwise use any vessel in, on or under the water.

• Person means any individual, partnership, firm, corporation, association or other entity.

• Vessel means a motor-propelled or artificially-propelled vehicle and every other description of boat, watercraft, barge, jet skis and airboat other than a seaplane on the water, used or capable of being used as a means of transportation on water.

(Ord. No. 565, § 2, 8-19-96)

Sec. 25-52. Area of enforcement.

   The area of enforcement of the provisions of this article shall be all public navigable water, creeks, bayous, canals and channels, whether natural or man-made, located within the incorporated area of the City of Palmetto in which the tide ebbs and flows. This article does not apply to the Florida Intracoastal Waterway.

(Ord. No. 565, § 3, 8-19-96)

Sec. 25-53. Means of enforcement.

   The provisions of this article may be enforced by the Manatee County sheriff's office and in accordance with the provisions of Chapter 90, Florida Statutes.

(Ord. No. 565, § 4, 8-19-96)

Sec. 25-54. Careful and prudent operation required.

   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 fishermen, bathers, waterskiers, divers 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 article.

(Ord. No. 565, § 5, 8-19-96)

Sec. 25-55. Speed not to be greater than what is reasonable under the conditions.

   Nothing contained in this article shall be construed to authorize or approve any speed greater than is reasonable and proper in consideration of local conditions, other water traffic, fishermen, waterskiers or bathers in the area, or other hazards.

(Ord. No. 565, § 6, 8-19-96)

Sec. 25-56. Designation of "areas of regulated water activities."

   The following areas are hereby designated as areas of regulated water activities:

(1) All waters within three hundred (300) feet (100 yards) offshore from all beaches and shorefront bathing areas, whether or not so designated with appropriate signs;
(2) All waters within three hundred (300) feet (100 yards) from any marina, dock, pier, mooring, seawalls used as docking facilities, or similar landing facility used primarily for watercraft or water oriented activity such as fishing, whether or not so designated for such purpose by appropriate signs;
(3) Any area designated as an official "No wake-idle speed only" area which is so posted in such a manner and placed that it may be reasonably expected to be seen and read by a person in operation of a vessel within the area; and
(4) Any other area that may be so designated by the city council of the City of Palmetto according to the procedures set forth in section 25-58 of this article.

(Ord. No. 565, § 7, 8-19-96)

Sec. 25-57. Regulations in areas of regulated water activities.

   No owner, operator or person in command of any vessel shall permit said vessel to be operated or operate said vessel at a speed greater than, or in excess of, idle speed whenever the vessel is in an area of regulated water activity as described in section 25-56 of this article.

(Ord. No. 565, § 8, 8-19-96)

Sec. 25-58. Procedure for designating additional areas of regulated water activities.

   By ordinance, the city council of the City of Palmetto may designate additional specific areas as an "area of regulated water activities" as described in section 25-56 of this article. In designating such areas, the city council shall hear all testimony presented and make a finding that the designation is necessary for the safety and/or welfare of the citizens of the city. Upon adoption of such an ordinance, the city clerk shall publish the ordinance one (1) time in a newspaper of general circulation in Manatee County, Florida, 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 such specified areas until signs designating the boundaries of the area so designated 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; provided, however, that no signs will need to be posted for areas described in section 25-56(a)(1) and (2) inclusive.

(Ord. No. 565, § 9, 8-19-96)

Sec. 25-59. Exemptions.

   The provisions of this article shall not be construed to prohibit the running of racing or exhibition boats during a publicly announced, properly authorized by the appropriate governmental body, and supervised, and adequately patrolled regatta or speed trial or exhibition.

(Ord. No. 565, § 10, 8-19-96)

Chapter 10 COASTAL AREAS AND WATERWAYS, ARTICLE III. BOATS

Sec. 10-76. Reckless operation prohibited.

(a) It shall be unlawful for any person to operate a motorboat or other vessel in a reckless or negligent manner so as to endanger the life, limb or property of any person upon or in any waters within the city.
(b) The provisions of this section shall not apply to regularly supervised or sponsored motorboat races.

(Code 1975, § 17-3)

State law reference(s)--Reckless or careless operation of vessel, F.S. § 327.33.

Sec. 10-77. Speed regulated.

(a) It shall be unlawful for any person to operate a motorboat or other vessel upon or in the waters of the Manatee River within the city at a speed greater than four (4) miles an hour within four hundred (400) feet of the municipal pier.
(b) The provisions of this section shall not apply to regularly supervised or sponsored motorboat races.

(Code 1975, § 17-4)

Sec. 10-78. Obstruction of city boat ramp.

(a) No person shall by using any commercial boat or vessel, work boat or vessel, or any other boat or vessel, obstruct the use of the boat ramp owned by the city, which is located south of Riverside Drive between Eighth Avenue and Ninth Avenue.
(b) No boat, including commercial boats, work boats, vessels, or pleasure boats, shall tie to the dock for more than two (2) hours. This provision shall not apply to emergency situations or to the dockage of law enforcement agency watercraft.

(Code 1975, § 17-4.1)

For full text of Palmetto ordinances, see:
  http://www.municode.com/database.html

For more information contact:

Allan Prather or Patricia Petruff, Palmetto City Attorneys
Dye, Scott, Prather & Petruff, P.A.
P.O. Drawer 9480
Bradenton, FL 34206
(941) 748-4411