Agenda

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Public Hearings 9.

BCC Regular Meeting

Meeting Date:	07/16/2020
Issue: 9:01 a.m. Public Hearing to Adopt Ordinance to Establish Motorboat Exclusion Zone Surrounding Innerarity Point Park Swimming & Paddlecraft Launch Area
From:	Chips Kirschenfeld
Department:	Natural Resources
CAO Approval:

RECOMMENDATION:

9:01 a.m. Public Hearing for consideration of adopting an Ordinance establishing a Motorboat Exclusion Zone Surrounding the Innerarity Point Park Swimming Area and Paddlecraft Launch Area.

Recommendation: That the Board adopt and authorize the Chairman to sign the Ordinance establishing a Motorboat Exclusion Zone surrounding the Innerarity Point Park swimming area and paddlecraft launch area.

BACKGROUND:

Section 327.46(1)(b)3.a., Florida Statutes, authorizes Counties to enact an Ordinance creating a vessel exclusion zone if the area is designated as a public bathing beach or swim area, and Section 327.46(1)(c)3.a., Florida Statutes, authorizes Counties to enact an Ordinance creating a vessel exclusion zone if the area is reserved exclusively as a canoe trail or other limited to vessels under oar.

The Innerarity Point Park includes both a public swimming area and paddlecraft launch area reserved exclusively for vessels under oar and are adjacent to the Intracoastal Waterway, and do not include the navigable area of Intercoastal Waterway. Any vessel traffic in and around the Swimming Area and any motorboat traffic in and around the Paddlecraft Launch Area of Innerarity Point Park constitutes a real and present danger. The Innerarity Point Park pier is neither designed nor engineered to accommodate any vessel, barge, or floating structure, and the Board of County Commissioners desires to enact a motorboat exclusion zone to mitigate such risks.

BUDGETARY IMPACT:

No budgetary impact associated with this Recommendation.

LEGAL CONSIDERATIONS/SIGN-OFF:

Matthew R. Shaud, Assistant County Attorney, drafted the Ordinance.

PERSONNEL:

No impact to personnel associated with this recommendation.

POLICY/REQUIREMENT FOR BOARD ACTION:

The Board of County Commissioners must approve and adopt all Ordinances per F.S. 166.41.

IMPLEMENTATION/COORDINATION:

Marine Resources Division, under the Department of Natural Resources Management, will coordinate with the Escambia County Sheriff's Office and the Florida Fish and Wildlife Conservation Commission.

Attachments
PNJ Notarized Affidavit of Publication
Ord-Motorboat Exclusion Innerarity