Sec. 614.145. - Regulation of the operation of motorized watercraft at Huguenot Memorial Park.

(a) The council finds that the recent increase in activity of motorized watercraft in the area of Huguenot Memorial Park, when combined with recent increases in the numbers of swimmers, wind surfers (wind sailing), and other water sports participants, has created significant congestion and safety concerns regarding the interaction of motorized watercraft and water sports participants. It is found to be in the best interest of public safety in the Huguenot Memorial Park area to enact certain "idle speed" restrictions via "idle speed zone(s)" applicable to "motorized watercraft" (including, "personal watercraft") and to designate a "no motorized watercraft zone" wherein "motorized watercraft" are prohibited. Therefore, the Council hereby establishes the "idle speed zone(s)" and "no motorized watercraft zone" as defined in subsection (b) of this Section, which zones shall be marked by "signage" as described herein. Failure to comply with the restrictions set forth herein shall be enforceable by the entities listed in subsection (c) of this Section and punishable as provided in subsection (d) of this Section. (b) As used in this Section, the following definitions shall apply: (1) Motorized watercraft is any vessel which is propelled or powered by an engine and which is used or is capable of being used as a means of transportation on water and shall include personal watercraft. (2) Personal watercraft is a small class A-1 or A-2 motorized watercraft which uses either an outboard or inboard motor to power a water jet pump as a primary source of power and which may be designated to be operated by a person sitting, standing, kneeling or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the motorized watercraft. (3) Idle speed is the lowest speed sufficient to maintain forward movement while maintaining control of a motorized watercraft, taking into account tidal current, wave and other water conditions. (4) Idle speed zone(s) are those coastal areas, as shown on Exhibit "A" made part hereof but not set out herein, which are adjacent to Huguenot Memorial Park and are generally described as follows: Idle Speed Zone No. 1: As shown on Exhibit "A", the entire inlet area of Huguenot Park bounded by the Camp Alamacani boat ramp across to the other side of the inlet (dots nos. 12 and 13 on Exhibit "A") and the tip of the peninsula across the inlet (dots nos. 10 and 11 on Exhibit "A"). Idle Speed Zone No. 2: As shown on Exhibit "A", that portion of the Atlantic Ocean from the mean low tide out 300 feet and generally bounded on the south by a line extending eastward from the flats, and on the north by a line extending eastward from the tip of the peninsula (see dots nos. 7, 8, and 9 on Exhibit "A"). (5) No motorized watercraft zone is that coastal area shown on Exhibit "A" which is adjacent to Huguenot Memorial Park and is generally described as follows: No motorized watercraft zone: As shown on Exhibit "A", that portion of the Atlantic Ocean from the mean low tide out 500 feet and generally bounded on the south by the jetties and on the north by a line extending eastward from the flats (see dots nos. 5 and 6 on Exhibit "A"). (6) Signage is the posting of certain diagrams and information as indicated on Exhibit "A" which is intended to communicate to operators of motorized watercraft, the locations of the idle speed zones, and no motorized watercraft zone as described herein. The City's Department of Recreation and Parks shall secure all necessary federal or State approval for the placement of signs as shown on Exhibit "A". (c) Enforcement of the idle speed zones and no motorized watercraft zone is hereby determined to be a promotion of public safety which may be enforced by any of the following: (1) United States Coast Guard; (2) Florida Marine Patrol; (3) The Florida Game and Fresh Water Fish Commission; (4) The Jacksonville Sheriff's office; (5) Florida Park Patrol; and (6) Recreation and Parks personnel (designated by the Director). (d) Any person violating the speed and operating restrictions of this Section shall be guilty of a non-criminal offense punishable by a civil penalty as a class A infraction pursuant to City Code Chapter 609 (Code Enforcement Citations) or alternatively may be enforceable/punishable as provided for in State or federal law pertaining to operations of motorized watercraft. (Ord. 97-231-E, § 1; Ord. 2005-1283-E, § 7; Ord. 2011-732-E) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.