§ 2-32-5. Areas of regulated water activities established.

The county hereby establishes the areas of regulated water activity identified below, in which no owner, operator or person in command of any vessel shall permit said vessel to be operated or operate said vessel in violation of the restrictions set forth in this section. The boundaries of the areas of regulated water activity established herein shall be as depicted and delineated in the boating safety watercourse map established pursuant to section 2-32-14(a).

(a)

Slow speed zones. The following areas are designated as slow speed zones:

(1)

Beaches and shorefront bathing areas. All areas within three hundred (300) feet (one hundred (100) yards) of all beaches and shorefront bathing areas. In addition to operating at slow or idle speed in these areas, vessels may only be operated directly perpendicular to the shoreline until outside the three-hundred-foot limits.

(2)

Protected shorelines. All areas generally within three hundred (300) feet (one hundred (100) yards) from a shoreline, except where the contour of the shoreline requires a lesser or greater distance to maintain an even contour to such area of regulated water activity, except the shorelines of the Lower Manatee River; Tampa Bay south of Bishop Harbor to Rattlesnake Key; the northern tip of Perico Island; the channel east of Key Royale.

(3)

Cortez Bridge. The area south of the Cortez Bridge within seven hundred fifty (750) feet of the bridge, except the intracoastal waterway and the areas within one hundred (100) feet of either side of the intracoastal waterway.

(4)

Special protection areas. The areas (except the intracoastal waterway and the areas within one hundred (100) feet of either side of the intracoastal waterway) that are designated as "Slow Speed Zones" on the boating safety watercourse map, except where the contour of the shoreline requires a lesser or greater distance to maintain an even contour to such area of regulated water activity, in Tampa Bay north of Bishop Harbor channel; Bishop Harbor; Moses Hole; Clambar Bay; Williams Bayou, northern Miguel Bay; parts of Anna Maria Sound; Palma Sola Bay; Warner's Bayou and Sarasota Bay, (except the intracoastal waterway and the areas within one hundred (100) feet of either side of the intracoastal waterway).

(5)

Upper Manatee River. All of the Manatee River, bank to bank, adjacent to and east of the area known as the "Fort Hamer boat ramp", upstream to the Lake Manatee Dam, and all of the Manatee River at or east of the I-75 Bridge and west of the Fort Hamer boat ramp, except in regulated channels and historical recreational areas established herein.

(6)

Lower Manatee River shorelines. All areas within five hundred (500) feet from a shoreline, except where the contour of the shoreline requires a lesser or greater distance to maintain an even contour to any such area of regulated water activity, on the Manatee River west of the I-75 bridge, and further from the shoreline, as specifically marked, near the Snead Island cut.

(7)

Green Bridge and DeSoto Bridge. The entire Manatee River, bank to bank, in the area from one thousand one hundred (1,100) feet west of the Green Bridge to one thousand fifty (1,050) feet west of the DeSoto Bridge.

(8)

Lower Braden River. The Braden River, bank to bank, from three hundred (300) feet north of the State Road 64/Manatee Avenue Bridge to three hundred (300) feet south of said bridge and upstream of that point, except in regulated channels and regulated corridors established herein. Additionally, all vessel operators shall yield to kayaks, canoes, rowboats, bathers and manatees everywhere on the Braden River and reduce their vessel speed to idle until safely clear of kayaks, canoes, rowboats, bathers or manatees.

(9)

Upper Braden River, Evers Reservoir. All of the Braden River, bank to bank, south of the Evers Reservoir Dam, including the Evers Reservoir and the headwaters of the Braden River.

(10)

Longboat Pass. The area in Longboat Pass subject to the Slow Speed Zone established by the Town of Longboat Key, reflected as such on the Boating Safety Watercourse Map.

(11)

Small inland lakes. All small inland lakes.

Any owner, operator or person in command of a vessel who permits operation of such vessel in excess of slow speed in any of the above-designated slow speed zones, unless exempt pursuant to section 2-32-11, shall be guilty of a violation of this article.

(b)

Idle speed, no wake zone. The following areas are designated as idle speed, no wake zones:

(1)

Snead Island Cut. The cut between the mainland and Snead Island that forms a navigable passage from the Manatee River to Terra Ceia Bay; and

(2)

Fort Hamer Park. The area of the Manatee River adjacent to Fort Hamer Park, for a distance of five hundred (500) feet in each direction upriver and downriver from the Fort Hamer Park rowing facility dock.

Any owner, operator or person in command of a vessel who permits operation of such vessel in excess of idle speed in the above-designated idle speed, no wake zones, unless exempt pursuant to section 2-32-11, shall be guilty of a violation of this article.

(c)

Regulated channels established. The following channels are hereby designated as regulated channels:

(1)

Manatee River Channel from I-75 eastward and upstream, to the western boundary of the idle speed/no wake zone established adjacent to the Fort Hamer boat ramp pursuant to section 2-32-5(b);

(2)

Flamingo Cay Channel in Palma Sola Bay;

(3)

Coral Shores and Paradise Bay Channels in Sarasota Bay;

(4)

Braden River Channel from the northern terminus of the regulated corridor established pursuant to section 2-32-5(d) to the Manatee River; and

(5)

Bimini Bay Channel and Kingfish Boat Ramp Channel in Anna Maria Sound.

Any owner, operator or person in command of a vessel who permits operation of such vessel in excess of twenty-five (25) m.p.h. in any of the above-designated regulated channels, unless exempt pursuant to section 2-32-11, shall be guilty of a violation of this article.

With the exception of the Manatee River Channel and the Braden River Channel described as items (1) and (4), above, the regulated channels established in this section are presently, and shall remain, privately maintained channels. By adoption of this article, the county does not undertake any responsibility to maintain or mark such privately maintained channels, or warrant their suitability for safe operation of vessels, or accept any liability therefor. In the event that a person responsible for maintaining any such channel fails to properly maintain or mark it, such channel shall be deemed inoperative, and vessels in such channels shall be required to operate at slow speed pursuant to subsection (a) hereof (subject to proper marking and signage as required by applicable law). The county shall include such channels in its signage plans to be submitted to the United States Coast Guard, and, upon approval, such signage plan shall be used to determine whether any such channel is properly marked for purposes of this section.

(d)

Regulated corridors established. The following areas are hereby designated as regulated corridors:

(1)

Braden River Regulated Corridors. The areas in the Braden River depicted as regulated corridors on the boating safety watercourse map.

Any owner, operator or person in command of a vessel who permits operation of such vessel in excess of 25 m.p.h. in any of the above-designated regulated corridors, unless exempt pursuant to section 2-32-11, shall be guilty of a violation of this article.

By establishing such regulated corridors the county does not warrant or guarantee the safety or utility of such corridors for navigation, operation at a particular speed, or a particular activity. Each vessel operator is personally responsible for ensuring that a regulated corridor is suitable for a particular speed or activity.

(e)

Internal combustion engine exclusion areas. The following areas are recognized and designated as internal combustion engine exclusion areas established by the Florida Department of Environmental Protection pursuant to Section 68D-23.103(2)(d)(4) of the Florida Administrative Code, as amended, or its successor provision:

(1)

Port Manatee Sea Grass Mitigation Area. The area proximate to the Port Manatee channel depicted as an internal combustion engine exclusion area on the boating safety watercourse map; and

(2)

Kingfish Boat Ramp Sea Grass Mitigation Area. The area proximate to the Kingfish Boat Ramp depicted as an internal combustion engine exclusion area on the boating safety watercourse map.

Any owner, operator or person in command of a vessel who permits operation of such vessel powered by an internal combustion engine, except in accordance with Section 68D-23.103(2)(d)(4) of the Florida Administrative Code, as amended, or its successor provision shall be guilty of a violation of this article.

(f)

Vessel exclusion areas. The following areas are recognized and designated as vessel exclusion areas pursuant to Section 68D-23.105(1) of the Florida Administrative Code:

(1)

Manatee Beach Park Swimming Area. The area within four hundred (400) feet of the shoreline of the county's Manatee Beach Park designated for public swimming and depicted as vessel exclusion area on the boating safety watercourse map; and

(2)

Coquina Beach Park Swimming Area. The area within four hundred (400) feet of the shoreline of the county's Coquina Beach Park designated for public swimming and depicted as vessel exclusion area on the boating safety watercourse map.

Any owner, operator or person in command of a vessel who permits operation of such vessel in such an exclusion area, unless exempt pursuant to section 2-32-11, shall be guilty of a violation of this article.

(g)

State regulated waters. Manatee County hereby adopts state restrictions for county waters upon which the state imposes rules and regulations for boating safety pursuant to Florida Statutes Chapter 327, and Chapter 68 of the Florida Administrative Code. Such rules are incorporated herein by reference. No owner, operator or person in command of a vessel shall permit said vessel to be operated or operate said vessel in contravention of such state regulations if the regulated waters have been appropriately marked with signage.

(h)

Municipality regulated waters. Manatee County hereby adopts regulation of waters upon which municipalities have properly imposed restrictions and appropriately posted regulatory signage pursuant to Florida Statutes Section 327.60(2). The municipal restrictions, including those now in effect and any that may be imposed by a municipality in the future, are incorporated herein by reference.

(i)

Lake Manatee. Existing state and county regulations of the equipment and operation of vessels upon Lake Manatee are incorporated herein by reference.

(j)

County-imposed restrictions. In any area upon county waters where the county has imposed restrictions in addition to or different from the restrictions imposed pursuant to this article, the more stringent restrictions shall control.

(Ord. No. 08-68, § 3(Exh. A), 8-12-08; Ord. No. 13-37, § 3(exh. A), 10-22-13)