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File #: 2062   
Type: Public Hearing Status: Adopted
File created: 8/31/2020 In control: Natural Resources Management
On agenda: 9/15/2020 Final action: 9/15/2020
Title: Repeal and Replacement of Chapter 122 Waterways of the Code of Ordinances of Brevard County.
Attachments: 1. Ordinance Summary Matrix.pdf, 2. Legal Approval - Waterway Ordinance Repeal.pdf, 3. Waterways Ordinance Repeal.pdf, 4. Waterways Ch122- existing.pdf

Subject:

Title

Repeal and Replacement of Chapter 122 Waterways of the Code of Ordinances of Brevard County.

 

End

Fiscal Impact:

FY 19-20 None

FY 20-21 None

Dept/Office:

Natural Resources Management

Requested Action:

Recommendation

Approval of the included ordinance, repealing and replacing Chapter 122 Waterways of the Brevard County Code of Ordinances.

End

Summary Explanation and Background:

The Brevard County Code of Ordinances, Chapter 122 Waterways, regulates boating related activities in certain areas and provides for watercraft safety, slow-speed and idle-speed zones within the County’s waterways and along the Atlantic coast.  Chapter 122 Waterways has been in existence for many years and has been amended several times.

 

While reviewing Chapter 122 and the current watercraft safety and existing speed zones within the County, staff noted some provisions that have become outdated due to changes to the Brevard County Comprehensive Plan and adoption of the Manatee Protection Plan, as well as a result of changes to state laws regulating boating activity. It is proposed that these outdated provisions be stricken by repeal and replacement of Chapter 122 to bring the ordinance up-to-date.

 

On August 6, 2019, the Board approved legislative intent and permission to advertise amendments to Chapter 122 Waterways to update provisions within the chapter.

 

On June 18, 2020, the Brevard Marine Advisory Council, at their regular meeting, reviewed the proposed changes and recommended approval of the attached ordinance amendment.

 

In order to maintain consistency across existing law enforcement entities, the revised ordinance recognizes, without changes, Enforcement and Penalty provisions previously approved at both the County and State levels. 

 

It should be noted that final Board review of a new boating safety zone at the intersection of Hwy 192 and the St. John’s River is planned for October and that the revisions and reformatting of Chapter 122 will allow for the insertion of that zone and any other future boating safety zones or language.

Clerk to the Board Instructions:

Please provide one fully executed original for filing with the State.