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CODE OF ORDINANCES, BOATS, DOCKS AND WATERWAYS
IN GENERAL
State law adopted.
The Florida Vessel Registration and Safety Law, Chapters 327 and 328, and the Florida
Manatee Sanctuary Act, Section 370.12(2), Florida Statutes, three (3) copies of which are on file in the office of the city clerk, are hereby
adopted by reference as the Sanibel Vessel and Boating Law, and are made a part hereof as fully and completely as if set out in full herein. To
the extent of any conflict between the state laws and this article, the provisions of state law shall govern.
(Ord. No. 93-13, § 1, 7-6-93)
Designated speed zones; designation of areas for
regulated water activities.
[Declaration.] The city
council does hereby declare that the public health, safety and welfare of the citizens of the city and others require designation of areas
within which the operation of vessels may be regulated or prohibited, and in which swimming, waterskiing, diving and other water activity or
any of them may be prohibited or regulated.
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:
Any area which has been duly designated as a manatee sanctuary area
and posted as an idle speed zone.
Any canal.
Any entrance to a canal from five hundred (500) feet offshore.
Within five hundred (500) feet of a beach.
Within five hundred (500) feet of the Sanibel Boat Ramp Facility, or any
other public launching area.
Within five hundred (500) feet of the city fishing pier.
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:
Any area which has been duly designated as a manatee sanctuary area
and posted as a slow speed zone.
Any interior water body other than a canal.
Within five hundred (500) feet of any mangrove area.
Within five hundred (500) feet of any bird rookery or regular roosting or
nesting area.
Within the city boundaries commencing at the Blind Pass Bridge; thence
running northeasterly to the waters of Pine Island Sound to a point one-quarter (¼) mile offshore from the mean high tide line at Wulfert
Point in Section 2, Township 46 South, Range 21 East; thence running southeasterly along a line one-quarter (¼) mile offshore in Pine
Island Sound and San Carlos Bay to a point determined by the intersection of said line with the projection of a line extending northerly
from the eastern edge of the right-of-way of Dixie Beach Road east of Woodring's Point. . .
It shall be unlawful and prohibited for any person to launch or
retrieve a personal watercraft from any public right-of-way or land owned by or under the control of the city, or from any private land,
without the consent of the owner. This does not prohibit the launching and retrieval of personal watercraft at the Sanibel Public Boat Ramp
Facility or other boat ramp facility which may be designated by the city.
(Ord. No. 93-13, § 1, 7-6-93)
Speed; unsafe operation.
It is unlawful and prohibited for any person to operate a vessel in a
reckless manner. A person is guilty of reckless operation of a vessel who operates any vessel, including personal watercraft, 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.
Any person operating a vessel upon or in the waters of the city shall operate
the vessel 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 such a manner
constitutes careless operation.
Each person operating a vessel upon or in the waters of the city shall comply
with the navigational rules.
Law enforcement vessels may deviate from the navigational rules and posted
speeds when such diversion is necessary to the performance of their duties and when such deviation may be safely accomplished.
(Ord. No. 93-13, § 1, 7-6-93)
Obstruction of waterways.
It is unlawful and prohibited for any person without written license or
permit issued by the city to place any obstruction which interferes with navigation in a canal, navigable channel, or other location in the
waters of the city.
It is unlawful and prohibited for any person without written license or permit
issued by the city to place any permanent mooring device in a canal, navigable channel or other location in the waters of the city.
It is unlawful and prohibited for any person to post any sign, regulatory
marker, aid to navigation or other device in any canal, navigational channel, or other place in the waters of the city without having first
obtained a license or permit from the appropriate state or federal agency where such permit is required under state or federal law, or a permit
from the city.
It is unlawful and prohibited for any person to dock or moor a vessel at the
dock, mooring piling or seawall of an abutting property owner without the consent of the owner or person in control of the premises, except in
an emergency.
It is unlawful and prohibited for any person to dock or moor a vessel in a canal
in such a manner that it protrudes beyond the property line, as projected, of another property owner without the consent of the owner or person
in control of the premises.
In issuing any license or permit under this section, the city manager shall
first determine that the proposed obstruction, sign, marker, aid or device is not contrary to state or federal law; that all necessary federal
or state permits, if required, have been obtained; or that the license or permit is conditioned upon obtaining the federal or state permit;
that the obstruction will not interfere with navigation; that the obstruction will not interfere with the rights of adjacent property owners;
and that the owner has agreed to remove the obstruction at his expense if reasonably required by the city for the public health, safety and
welfare. This section does not affect or limit other requirements contained in the land development code related to docks, davits, lifts and
other water-oriented structures.
(Ord. No. 93-13, § 1, 7-6-93)
Definitions.
For the purpose of this article:
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Discharge includes, but is not limited to spilling, leaking, pumping, pouring, emitting, emptying,
depositing or dumping.
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Marina means any area in the city where two (2) 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.
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On-board living means eating, sleeping and carrying on other living activities for a period in excess
of forty-eight (48) hours aboard any vessel while it is moored or docked on the waters within the city.
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Sewage means 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.
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Solid waste means 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 run off.
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Untreated sewage means:
Sewage other than sewage discharged from a vessel having sanitation
device 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 of Florida.
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Vessel means any boat, ship or other type of watercraft or contrivance capable of being used for
transportation on water; it also includes any floating object on which "on-board living" may be carried on.
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Waters of Sanibel means all navigable waters or waters connected thereto within the boundaries of the
city.
(Ord. No. 75-51, § 17-15-75)
Acts prohibited.
No person shall:
Discharge or permit the discharge of sewage, treated or untreated, from
any vessel or marina under his or her control or command into the waters of Sanibel.
Discharge any solid waste into the waters of Sanibel or onto the adjacent shore
or any adjacent structure in such manner that it may be washed into the waters of Sanibel.
Discharge other than accidentally, any visually detectable oil (other than that
normally discharged from an outboard motor), petroleum product, oil sludge, or oil refuse into the waters of Sanibel. Any accidental spill of
such materials in excess of one gallon to the waters of Sanibel or onto adjacent shores or structures shall be immediately reported to the
city. It shall be the duty of the person responsible for such discharge or spillage to remove it to an extent and in a manner satisfactory to
the city.
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 Sanibel except at a marina having a currently valid operating license issued by the city. This
prohibition shall not apply to any vessel owner or person having such vessel under his control or command if such owner or person provides
satisfactory evidence to the city manager that provision has been made for retention of body wastes on board and that it cannot be removed or
pumped off-board except at a marina or other facility equipped to provide such service and a permit as referred to below is in effect. In the
event that such satisfactory evidence is so provided, the city manager shall issue to such owner or person a permit exempting such vessel from
the prohibition of this subsection for a period of one year; the city manager shall require the payment of ten dollars ($10.00) for the
issuance of such permit.
(e) Operate a marina in the city unless it has a currently valid operating license issued by the city.
(Ord. No. 75-51, § 2, 7-15-75)
For full text of Sanibel ordinances, see:
http://www.municode.com/database.html
Robert Pritt, Sanibel City Attorney
800 Dunlop Rd.
Sanibel, FL 33957
(941) 472-4359
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