§ 14-6. Safe operation of boats.

(a)

Authority; scope. This section is adopted pursuant to the county's home rule authority to adopt ordinances to protect property and to provide for the safety and general welfare of the citizens of Osceola County, and further, pursuant to F.S. § 327.60 and § 327.22(1).

Boats having been declared dangerous instrumentalities pursuant to F.S. § 327.32, the board of county commissioners hereby determines that the following rules and regulations are necessary in order to protect properties and provide for the safety and general welfare of the citizens and visitors of Osceola County.

This section shall apply to all waterways in the unincorporated areas of Osceola County.

(b)

Definitions. For the purpose of this section, the following words and phrases shall have the meanings ascribed to them below unless the context indicates otherwise:

Idle speed no wake: A speed no greater than that speed which is necessary to maintain steerageway.

Motorboat: Any vessel that is propelled or powered by any internal or external combustion engine or motor.

Operator: Any person in charge of or having immediate control over a vessel, whether such person is the owner of the vessel or a permitted or an unauthorized user of the vessel.

Slow down minimum wake: A speed that is reasonable and prudent to avoid an excessive wake or condition under the existing conditions. A vessel in an area designated as a slow down minimum wake zone:

(1)

That is operating on a plane is not proceeding at slow down minimum wake speed.

(2)

That is in the process of coming off plane and settling into the water, which action creates more than minimum wake is not proceeding at slow down minimum wake speed.

(3)

That produces no wake or minimum wake is proceeding at slow down minimum wake speed.

(4)

That is completely off plane and which has settled into the water and is proceeding without wake or with minimum wake is proceeding at slow down minimum wake speed.

Speed zone: Any area lawfully posted as a slow down minimum wake area or idle speed no wake area.

Vessel: All rafts, skiffs, dredges, canoes, dugouts, dinghies, rowboats, sailboats and motorboats.

Waterway: Any public waters within canals, streams, creeks or connecting waters, whether natural or manmade, partially or wholly within the boundaries of Osceola County, Florida. The term "waterway," as used herein, shall not include the arterial connecting canals between lakes East Lake Tohopekaliga, Tohopekaliga, Cypress, Gentry, Hatchineha, Kissimmee and the Kissimmee River; and the Fells Cove Canal. The board may from time to time designate other specified waterways as also excluded.

(c)

Compliance with federal and state law. All vessels operating on or about the waterways of Osceola County shall comply with all applicable federal and state laws, rules and regulations. The provisions of this section are supplementary to such federal and state laws, rules and regulations.

(d)

Speed zones. The board of county commissioners may by resolution impose a speed zone on any waterway when it is determined that a speed zone is necessary to protect properties or shorelines or to provide for the safety and general welfare of the citizens of Osceola County. Such resolution shall be passed only after public hearing pursuant to advertisement and notice of such hearing, which shall have been previously authorized by the board and which shall clearly define the location of the zone. Such speed zone so established shall be posted in accordance with this section in locations clearly visible to boaters on that waterway.

(e)

Prohibition. It is and shall be unlawful and prohibited for any operator to violate the provisions of a speed zone in any area designated as a speed zone by the board of county commissioners pursuant to this section.

(f)

Signage. Osceola County Public Works Department shall post and maintain appropriate signage designating a speed zone at the beginning and end of each zone. The term "maintain" in this section shall mean to keep such signs clean and clear of vegetation or other obstructions so as to be clearly visible to boaters on that waterway. Failure of any person to observe such lawfully posted signage shall not constitute a defense to a charge of violating this section.

(g)

Enforcement. The Florida Game and Fresh Water Fish Commission, Department of Natural Resources, and the Osceola County Sheriff are hereby authorized to enforce the provisions of this section.

(Ord. No. 90-11, § 1, 3-26-90)