Title 35 · Chapter 35 - LAKES AND BOATING

Chapter 35 - LAKES AND BOATING

Section: 35

Sec. 33.18. - Possession and Consumption Prohibited in Public Parking Lots and Certain Private Places; Consumption Prohibited in Vehicles in Public Parking Lots and Certain Private Places. Chapter 36 - LICENSES Chapter 35 - LAKES AND BOATING

ARTICLE I. - IN GENERAL[1]

Footnotes: --- (1) ---

Editor's note— Ord. of 10-21-1974, § 1, repealed arts. I and II, §§ 35.01—35.15, containing general provisions relative to lakes and setting out boating regulations. Said articles were derived from Code 1948, §§ 35.01—35.05, 62.30, 62.47, 83.02, 83.03; Ord. of 8-13-1952; Ord. of 7-22-1953, § 1; Ord. of 1-6-1954, § 1; Ord. of 10-2-1972, § 1; and Ord. of 6-17-1974, § 1. Section 2 of said Ord. of 10-21-1974 enacted new arts. I and II as set out in §§ 35.01—35.12.

Former §§ 35.16—35.21, pertaining to dredging, were repealed by the city council on 6-24-1985, Doc. #19547.

Sec. 35.01. - Damage to Lake Banks.

No person shall dig, scrape, mar or in anywise injure the publicly owned banks of any lake or disturb the margin of such lakes at any time for any purpose, without first obtaining written permission from the City Council.

(Ord. of 10-21-1974, § 2; Ord. No. 2014-50, § 1, 6-15-2015, Doc. #15060151201)

Sec. 35.02. - Bathing or Swimming Prohibited; Exception as to Privately Owned Beaches.

Bathing or swimming in any lake located within the limits of the City is hereby prohibited. This section shall not be construed to apply to privately owned bathing beaches where the owner of the upland property owns the lake bottom immediately adjacent thereto and swimming or bathing is limited to such privately owned property.

(Ord. of 10-21-1974, § 2)

Sec. 35.03. - Removal of Prohibition Against Bathing or Swimming by Resolution of Council.

Any lake located within the limits of the City can be removed from the prohibition of Section 35.02 of this Code at any time by resolution of the City Council. Such resolution may place restrictions upon swimming in the lake such as, but not limited to, restrictions regarding hours or seasons when swimming is permitted or necessity for the presence of lifeguards. Such resolution shall direct the Director of Community and Youth Services, or his designee, to erect a sign near the lake reasonably calculated to inform the public of the council's action and stating the restrictions, if any, placed upon swimming in the lake.

(Ord. of 10-21-1974, § 2)

Sec. 35.04. - Use of Public Bathhouse, Beach, etc., by Diseased Persons.

It shall be unlawful for any person afflicted with any contagious or communicable disease to use any public bathhouse, bathing pool or bathing beach at which people congregate for the purpose of amusement, swimming or bathing, or to use bathing suits or towels furnished at such places by the persons operating them.

(Ord. of 10-21-1974, § 2)

Sec. 35.05. - Fishing from City-Owned Property: Lake Eola; Spring Lake; Exception.

Fishing shall be prohibited from City-owned property around Lake Eola and Spring Lake except that the City Council of the City of Orlando may grant permission to utilize City-owned property for fishing to charitable, patriotic, public, educational, eleemosynary or philanthropic organizations under such terms and conditions as the City Council may impose. In addition, the Families, Parks and Recreation Director shall have the authority to grant permission to utilize the peninsula at the northeast corner of Lake Eola for fishing to charitable, patriotic, public, educational, eleemosynary or philanthropic organizations, upon procurement of the appropriate facility use permit.

(Ord. of 10-21-1974, § 2; Ord. of 9-8-1975, § 1; Ord. of 10-8-1979, § 1; Ord. of 1-12-2004, § 3, Doc. #040112905)

Sec. 35.06. - Contamination of Water Prohibited.

No person shall deposit into any lake or waterbody any man made or natural material, or other thing, that will contaminate the water of such lake or waterbody.

(Ord. of 10-21-1974, § 2; Ord. No. 2014-50, § 1, 6-15-2015, Doc. #15060151201)

Sec. 35.07. - Construction of Pipes Running into Lakes Prohibited.

No person shall construct any drain pipe running into any lake within the City limits by which any kitchen slops, sewage or wastewater of any kind from any building is or may be carried into such lakes.

(Ord. of 10-21-1974, § 2)

Sec. 35.08. - Pumping Water Out of Lakes Prohibited.

No person shall pump or drain water out of any lake within the City limits without express written authorization from the City Council, except that the owner or owners of upland property adjacent to a lake within the City limits and owning the lake bottom immediately adjacent thereto may pump or drain water from that lake for private use so long as the pumping or draining is not detrimental to the public health, safety and welfare and does not cause a nuisance or hazard to the neighboring property owners.

(Ord. of 10-21-1974, § 2)

Sec. 35.081. - Aquatic Plant Management in City Lakes.

The City of Orlando follows the rules and guidelines set forth in the State of Florida Fish and Wildlife Commission's Permit Rules in Chapter 68F-20, with the exception of 68F-20.0035(d). Although no permit will be issued by the City of Orlando for any aquatic plant management in lakes less than 10 acres, any aquatic plant management that occurs in those lakes less than 10 acres shall not negatively impact said lakes' water quality.

(Ord. No. 2014-50, § 1, 6-15-2015, Doc. #15060151201)

ARTICLE II. - BOATING[2]

Footnotes: --- (2) ---

Note— See the editor's footnote to art. I of this chapter.

Sec. 35.09. - Launching Private Boats from Publicly Owned Property Contiguous to, and Usage of Boats on, Certain Lakes Prohibited; Exception.

Except as provided in Sections 35.10 and 35.12 of this Code, it shall be unlawful for any person to launch any boat, except boats owned by, or under the control of, governmental units and agencies, from any publicly owned shoreline or publicly owned property contiguous to the following lakes, or to use any boat so launched on the water of any such lake:

(1)

Lake Adair.

(2)

Lake Angel.

(3)

Lake Arnold.

(4)

Big Lake Barton.

(5)

Bay Lake.

(6)

Lake Beardall.

(7)

Lake Beauty.

(8)

Lake C.

(9)

Lake Cane.

(10)

Lake Cathy.

(11)

Lake Cay Dee.

(12)

Lake Cherokee.

(13)

Lake Claudette.

(14)

Lake Como.

(15)

Lake Concord.

(16)

Lake Copeland.

(17)

Lake Daniel.

(18)

Lake Davis.

(19)

Lake Demetree.

(20)

Lake Dot.

(21)

Lake Druid.

(22)

Lake Emerald.

(23)

Lake Eola.

(24)

Lake Estelle.

(25)

Lake Fairhope.

(26)

Lake Farrar.

(27)

Lake Fredrica.

(28)

Lake Formosa.

(29)

Lake Gear.

(30)

Lake Gem Mary.

(31)

Lake George.

(32)

Lake Georgette.

(33)

Lake Geyer.

(34)

Lake Giles.

(35)

Lake Greenwood.

(36)

Lake Hiawassee.

(37)

Lake Highland.

(38)

Lake Hummel.

(39)

Lake Kasey.

(40)

Lake Kelly.

(41)

Lake Kirsty.

(42)

Lake Kozart.

(43)

Lake Lancaster.

(44)

Lake Lawsona.

(45)

Lake Lorna Doone.

(46)

Lake Lucerne.

(47)

Lake Lurna.

(48)

Lake Mare Prairie.

(49)

Lake Monterey.

(50)

Mud Lake.

(51)

Lake Olive.

(52)

Lake Orlando.

(53)

Lake Pamela.

(54)

Park Lake.

(55)

Lake Pat.

(56)

Lake Pineloch.

(57)

Lake Porter.

(58)

Lake Rabama.

(59)

Lake Raper

(60)

Lake Richmond.

(61)

Rock Lake.

(62)

Lake Rowena.

(63)

Lake Sandy.

(64)

Lake Shannon.

(65)

Lake Silver.

(66)

Spring Lake.

(67)

Sunset Lake.

(68)

Lake Susannah.

(69)

Lake Stillinger.

(70)

Lake Tennessee.

(71)

Lake Theresa.

(72)

Turkey Lake.

(73)

Lake Wade.

(74)

Lake Walker.

(75)

Lake Weldona.

(76)

Lake Willasara.

(77)

Lake Winyah.

(78)

Lake of the Woods.

(Ord. of 10-21-1974, § 2; Ord. of 10-2-1979, § 1; Ord. of 4-27-1987, Doc. #21164)

Sec. 35.10. - Placing or Using Boats on Certain Lakes Permitted.

Subject to the requirements of Section 35.11 of this Code, the launching of boats shall be permitted from the publicly owned ramps contiguous to, and the usage of boats is also permitted on, the following lakes. Nothing in this section shall be construed to limit launching of boats from private property.

(1)

Clear Lake.

(2)

Big Lake Fairview.

(3)

Lake Ivanhoe.

(4)

Lake Underhill.

(5)

Lake Mann.

(6)

Lake Lawne.

(7)

Lake Baldwin.

(Ord. of 10-21-1974, § 2; Ord. of 10-2-1979, § 2; Ord. of 4-27-1987, Doc. #21164; Ord. of 5-20-1996, Doc. #29360)

Sec. 35.11. - Placing Boats on or Adjacent to Shoreline; Dragging Boats Across Publicly Owned Property Prohibited; Limitations on Securing Boats.

(1)

Except as provided in Section 35.12 of this Code, no person shall place any boat upon the publicly owned shoreline or publicly owned land surrounding any lake listed in Section 35.09 or Section 35.10 of this Code, and no person shall enter upon any publicly owned property with any trailer or other device for the purpose of launching a boat on any such lake; however, this shall not be construed to prohibit the proper use of boat ramps leading into any lake listed in Section 35.10. No person shall drag, push or otherwise transport any boat across publicly owned property surrounding the lakes listed in Section 35.10 of this Code or any lake used for boating pursuant to Section 35.12 of this Code, in any manner, except in designated areas immediately adjacent to publicly owned boat ramps.

(2)

No person shall dock, anchor, load or unload any boat except in designated areas at or immediately adjacent to a publicly owned boat ramp or on private property.

(3)

No person shall tow other persons barefoot or on waterskis, aquaplanes or other similar devices within any designated no wake zones, including mounting and dismounting of such devices.

(4)

No person shall dock, anchor or secure any boat to any signs, sign posts, pylons, bridges, buoys, fish feeders or trees.

(5)

Violations of the provisions of this section shall be punished by a one hundred dollar ($100) fine.

(Ord. of 10-21-1974, § 2; Ord. of 5-20-1996, Doc. #29360)

Sec. 35.12. - Permits to Place Boats Upon Waters of Lakes or City-Owned or Controlled Shorelines.

Any person desiring to launch a boat from the publicly owned shoreline contiguous to any lake listed in Section 35.09 of this Code, or place any boat upon the publicly owned shoreline or publicly owned land surrounding any lake listed in Section 35.09 or Section 35.10 of this Code, may apply to the recreation department of the City of Orlando for a boating permit. Boating permit applications shall be as prescribed by and shall be processed according to City procedures approved by City Council. Such procedures shall provide that in the event a boating permit is denied, the denial shall be appealable to the City Council.

(Ord. of 10-21-1974, § 2)

Sec. 35.13. - Definitions.

The following words, when used in this Chapter, shall have the following meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Boat or Boats shall mean all rafts, skiffs, dredges, canoes, dugouts, dinghies, rowboats, sailboats and motorboats. Sailboards are specifically excluded from this definition.

(2)

Motorboat or Motorboats shall mean any boat, except a seaplane operated on the water, which is propelled or powered by machinery or by any internal or external combustion engine or motor and which is used or capable of being used as a means of transportation on water, including but not limited to jet skis and personal watercraft as defined in the Florida Statutes.

(3)

Operator shall mean any person in charge of or having immediate control over a boat, whether such person is the owner of the boat or a permitted user, or an unauthorized user of the boat.

(4)

Waterway shall mean any waters, lakes, canals, streams, lagoons or connecting waters, whether natural or manmade, partially or wholly within the boundaries of the City.

(5)

Personal Watercraft means a small class A-1 or A-2 vessel which uses an outboard motor, or an inboard motor powering a water jet pump, as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel rather than in the conventional manner of sitting or standing inside the vessel.

(Ord. of 5-21-1990, Doc. #23934; Ord. of 11-16-1992, Doc. #26143; Ord. of 10-9-1995, Doc. #28846)

Sec. 35.14. - Compliance with Federal and State Law.

All boats operating on or about the waterways of the City shall comply with all applicable federal and state laws, rules and regulations. The provisions of this article are supplementary to such federal and state laws, rules and regulations.

(Ord. of 11-16-1992, Doc. #26143)

Sec. 35.15. - Minimum Safety and Lighting Standards.

(1)

Generally. All boats shall carry the safety equipment required by Florida Statutes § 327.50. Each child under the age of six (6) years who is a passenger in a boat shall wear a Coast Guard approved lifesaving device at all times. Each person being towed by a boat shall wear a Coast Guard approved Type I, II, or III lifesaving device suitable for such use. However, waterskiers participating in a sanctioned waterski tournament are exempt from this provision. Also exempt from this provision are persons who ski barefooted (i.e., without the use of skis). Persons skiing barefooted may wear specially designed flotation wetsuits in lieu of Coast Guard approved personal flotation devices. Any person opting to use a flotation wetsuit instead of a flotation device approved by the Coast Guard does so at his own risk, and the City shall not be liable for any damages or injuries resulting therefrom.

(2)

Class A Motorboats. All Class A motorboats (those motorboats less than sixteen (16) feet in length) shall have the following safety and lighting equipment:

(a)

Safety Equipment.

One (1) wearable lifesaving device in good and serviceable condition approved by the Coast Guard for each person aboard. Each person being towed by a motorboat shall wear a Coast Guard approved Type I, II, or III lifesaving device suitable for such use, except for those persons specifically exempted in subsection (1) above.

One (1) oar or paddle. Personal watercraft are exempt from this provision.

One (1) anchor and line of appropriate size and length. Personal watercraft are exempt from this provision.

One (1) Coast Guard approved or Underwriters' Laboratory "Marine Type," Class B, Size I fire extinguisher. This is not required on boats propelled by outboard motor and not carrying passengers for hire, if the motorboat is of open construction.

(b)

Lighting Requirements. Between sunset and sunrise, the following lights shall be required:

One (1) white light aft, such light not to be obstructed by any part of the vessel so as to be visible in all directions.

One (1) combination red and green light on fore part of boat showing green to starboard (right) and red to port (left), so fixed as to show the light from dead ahead to ten (10) points off the beam on their respective sides.

Any boat may carry and exhibit the lights required by the International Regulations for Preventing Collisions at Sea in lieu of the lights prescribed in this section.

(3)

Class I Motorboats. All Class I motorboats (motorboats sixteen (16) feet or greater in length) shall have the following safety and lighting equipment:

(a)

Safety Equipment.

One (1) wearable lifesaving device in good serviceable condition approved by the Coast Guard for each person on board and one (1) Coast Guard approved throwable flotation device in each boat. Each person being towed by a motorboat shall wear a Coast Guard approved Type I, II, or III lifesaving device suitable for such use. However, waterskiers participating in a sanctioned waterski tournament are exempt from this provision, as are waterskiers engaged in barefooting as described in 35.15(1) above.

One (1) Coast Guard approved or Underwriters' Laboratory "Marine Type," Class B, Size I fire extinguisher. This is not required on boats propelled by an outboard motor and not carrying passengers for hire, if the motorboat is of open construction.

One (1) anchor and line of appropriate size and length.

One (1) hand- or power-operated whistle or horn capable of producing a blast of two-second duration and audible for a distance of one-half mile.

(b)

Lighting requirements. Between sunset and sunrise, the following lights shall be required:

One (1) white light aft, such light not to be obstructed by any part of the vessel so as to be visible in all directions.

Any motorboat may carry and exhibit lights required by the International Regulations for Preventing Collisions at Sea in lieu of the lights prescribed in this section.

(4)

All Boats—Night Light. Between sunset and sunrise every boat or motorboat shall carry a lighting device capable of shining a white light around the horizon (three hundred sixty (360) degrees) and shall display such light in sufficient time as to avoid a collision with another vessel.

(5)

All Boats—Lifesaving Devices. Every boat or motorboat shall be equipped with at least one (1) Coast Guard approved wearable lifesaving device for every occupant.

(Ord. of 11-16-1992, Doc. #26143; Ord. of 10-9-1995, Doc. #28846)

Sec. 35.16. - General Operation of Boats, Motorboats, and Personal Watercraft.

(1)

All boats, motorboats, and personal watercraft shall, whenever possible, keep at least three hundred (300) feet behind any boat towing a skier and shall stay clear of, by at least one hundred (100) feet, any boat or motorboat anchored or used for fishing. When a ski jump is in use, all other boats shall, whenever possible, stay at least one hundred (100) feet away on either side and five hundred (500) feet behind the ski jump.

(2)

No person shall operate any boat, motorboat, or personal watercraft recklessly, overload any boat, motorboat, or personal watercraft, indulge in any motorboat or personal watercraft race, make sudden turns at excessive speed, follow too closely to other boats, motorboats, personal watercraft, or any other person or object in the water, or operate any boat, motorboat, or personal watercraft in such a way that it may endanger other boats, motorboats, or personal watercraft, life or property.

(3)

All motorboat operators shall sit within the confines of the boat and shall require that their passengers do likewise. Bowriding and gunwale riding are strictly prohibited.

(4)

Care shall be taken by the operators of all motorboats and personal watercraft to prevent damage from their wash, bow wave or stern wave, or from objects towed by such motorboats and personal watercraft to other boats, motorboats, personal watercraft, docks, piers, shorelines and boathouses.

(5)

All boats, motorboats, or personal watercraft towing water skiers, aquaplanes, or other devices shall operate in a counterclockwise direction of the waterway whenever possible.

(Ord. of 11-16-1992, Doc. #26143; Ord. of 10-9-1995, Doc. #28846)

Sec. 35.17. - Speed Limits and No Wake Zones.

(1)

No person shall operate a boat so as to create a wake within one hundred (100) feet of the shoreline, docks, piers, boat houses, bridges, fish feeders or any other objects arising from the water except in an emergency.

(2)

The one hundred foot (100′) distance shall be measured from the boat itself or from any extension thereof, including but not limited to, a skier, aquaplane, or other device being towed.

(3)

No person shall operate a boat as to create a wake within no wake zones marked around any publicly owned boat ramp.

(4)

Boats, motorboats, and personal watercraft being operated in canals shall not create a wake.

(5)

Except as otherwise provided in subsections (1) and (2) above, no person shall operate a boat, motorboat, or personal watercraft on any waterway, when and where boating is permitted, at a rate of speed in excess of thirty-six (36) miles per hour during daylight hours and twenty (20) miles per hour between sunset and sunrise.

(6)

Speed limit signs shall be posted at all public boat entrance ramps and public launching points and at such additional locations as may be deemed necessary by the Families, Parks and Recreation Director.

(7)

The foregoing speed limit restrictions shall not apply to:

(a)

activities of a governmental agency within the scope of its governmental authority; or

(b)

any person engaged in an organized professional or amateur tournament or exhibition held in one of the lakes listed in Section 35.10 of this Code as approved by the Families, Parks and Recreation Director.

(8)

Violations of the provisions of this section shall be punished by a one hundred dollar ($100) fine.

(Ord. of 11-16-1992, Doc. #26143; Ord. of 10-9-1995, Doc. #28846; Ord. of 5-20-1996, Doc. #29360; Ord. of 1-12-2004, § 3, Doc. #040112905)

Sec. 35.18. - Possession or Consumption of Alcoholic Beverages.

(1)

As used in this section, "open container" means any container which is immediately capable of being consumed from, or the seal of which has been broken.

(2)

It is unlawful for any person to possess an open container of an alcoholic beverage or to consume an alcoholic beverage as defined in Chapter 33 of this Code, while in or on a boat, motorboat, or personal watercraft on a waterway.

(Ord. of 5-21-1990, Doc. #23934; Ord. of 11-16-1992, Doc. #26143; Ord. of 10-9-1995, Doc. #28846)

Sec. 35.19. - Penalty for Violations.

(1)

Violation of any of the provisions of this Chapter shall be punished as provided in Section 1.08 of this Code, unless otherwise specified herein.

(2)

Sections 35.15, 35.17, and 35.24 of this Code shall be enforceable through the use of Uniform Boating Citations as described in Florida Statutes § 327.74.

(Ord. of 11-16-1992, Doc. #26143; Ord. of 10-9-1995, Doc. #28846)

Sec. 35.20. - Personal Watercraft; Additional Regulations.

(1)

Personal watercraft under power shall keep at least 300 feet behind any boat towing a skier and shall stay clear of, by at least 100 feet, any vessel anchored or used for fishing or otherwise not under power. When a ski jump is in use, all personal watercraft shall stay clear of the area 300 feet on either side and 500 feet ahead of, and 500 feet behind the ski jump.

(2)

Personal watercraft are prohibited on ski jumps not explicitly designed for their use.

(3)

No person shall create a wake while operating a personal watercraft within 100 feet of any persons in the water.

(4)

No person shall operate a personal watercraft while exceeding the manufacturer's recommended maximum weight or number of occupants.

(Ord. of 10-9-1995, Doc. #28846)

Sec. 35.21. - Swimmers and Skin Divers.

Where swimming is permitted:

(1)

No person shall swim from the shore more than one hundred (100) feet unless accompanied by a boat or identified by a standard buoy and flag.

(2)

No person shall scuba or skin dive unless identified by a standard scuba or skin diving flag.

(Ord. of 10-9-1995, Doc. #28846)

Sec. 35.22. - Tampering, Trespass to Boats, Boat Houses, Docks.

It shall be unlawful for any person to molest, tamper with, damage, destroy, trespass upon or cast loose or set adrift any boat belonging to another, or to disturb, destroy, steal, take, or carry away any of the contents, fixtures, motors, or accessories of any boat belonging to another. It shall be unlawful to trespass upon or within boat houses or docks belonging to others.

(Ord. of 10-9-1995, Doc. #28846)

Sec. 35.23. - Damage to Channel Markers, Buoys, Signs, or Signals.

It shall be unlawful for any person to remove, damage, or destroy any channel markers, buoys, speed limit signs, or directional signals maintained by the City. Any person injuring or damaging any channel markers, buoys, bulkheads, docks, or boat houses or involved in any collision or upset with any other craft shall report the same as soon as possible.

(Ord. of 10-9-1995, Doc. #28846)

Sec. 35.24. - Muffling Equipment.

In order to minimize noise, boats, motorboats, and personal watercraft shall utilize only factory-issued muffling equipment.

(Ord. of 10-9-1995, Doc. #28846)

Sec. 35.25. - Inapplicability of Sections 35.15 to 35.17, 35.20, 35.21, and 35.24.

The provisions of Sections 35.15 through and including 35.17, as well as 35.20, 35.21, and 35.24, shall not apply to boats, motorboats, personal watercraft, or skiers performing in or used in shows, exhibitions, or tournaments operated by and at a theme park or other amusement park. The operators of such theme park or amusement park shall be solely responsible for the safe equipping and operation of all boats, motorboats, personal watercraft, and skiers at such shows, exhibitions, or tournaments.

(Ord. of 11-16-1992, Doc. #26143; Ord. of 12-7-1992, Doc. #26217; Ord. of 10-9-1995, Doc. #28846)