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ORDINANCE 21-1557 <br />AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, <br />AMENDING CHAPTER 94, "WATERWAYS", OF THE CODE OF <br />ORDINANCES TO UPDATE TO COMPORT WITH STATE LAW, TO <br />ADD NEW DEFINITIONS AND REMOVE OBSOLETE <br />DEFINITIONS, TO CLARIFY THE AUTHORITY OF THE CITY, TO <br />UPDATE REGULATIONS FOR WATERWAY CONTROL AND THE <br />PERMITTING REQUIREMENTS FOR CONSTRUCTION ON LAKE <br />BOTTOMS AND MOORING STRUCTURES, TO ADD A PROCESS <br />FOR THE REMOVAL OF PUBLIC HAZARDS, TO PROHIBIT <br />ABANDONED OR DERELICT VESSELS OR WATERCRAFT AND <br />TO ADD AN ENFORCEMENT PROCESS, AND TO ADOPT <br />CHAPTER 327 OF THE FLORIDA STATUTES FOR THE <br />REGULATION AND OPERATION OF VESSELS WITHIN THE <br />CITY; PROVIDING FOR CODIFICATION, CONFLICTS, <br />SEVERABILITY AND AN EFFECTIVE DATE. <br />WHEREAS, the City of Casselberry (City) is updating City Code Chapter 94, <br />Waterways, due to many statutory changes since this Chapter was first adopted in 1982, and <br />to change obsolete language improperly referencing the City Commission as the body to <br />issue certain permits, etc.; and <br />WHEREAS, the field of boating regulation is preempted to the State and Federal <br />Government in large part, and the Florida Fish and Wildlife Commission (FWC) is the State <br />department authorized to enact and enforce those regulations; and <br />WHEREAS, Chapter 327, Florida Statutes, the Florida Vessel Safety Law, outlines <br />the regulations for all vessels being operated on waters of the State; and <br />WHEREAS, Section 327.46, Florida Statutes, gives municipalities the authority to <br />establish boating restricted areas in certain circumstances, however, none of these <br />circumstances currently exist within the City; and <br />WHEREAS, Chapter 327, Florida Statutes, includes restrictions on boating intended <br />to protect the safety and welfare of the boating public including, but not limited to, <br />regulations pertaining to reckless and careless operation of a vessel, obstruction of <br />waterways, and boating under the influence; and <br />WHEREAS, the City is interested in protecting the citizens to the extent legally <br />possible, and with this revised code, the City can work cooperatively with the Fish and <br />Wildlife Commission to enforce the State and Federal regulations and this revised code; and <br />WHEREAS, owners of land with a water boundary have certain riparian rights; and <br />WHEREAS, the City desires to provide a clear permitting process for construction <br />