§ 2-32-12. Establishment of historical recreational areas and special regulated water sports area for Warner's Bayou.

(a)

Historical recreational areas. Certain county waters have historically been used as recreation areas for waterskiing and other water sports. The county finds that continuance of historical recreational uses will not hinder the purpose of this chapter, nor unduly endanger the boating public. Therefore, the following areas of county waters are hereby designated as historical recreational areas:

(1)

Palma Sola Bay, north and south of the Manatee Avenue Causeway;

(2)

Terra Ceia Bay, outside the state-regulated area;

(3)

Those parts of the Manatee River:

a.

Immediately east of the northern end of the DeSoto (U.S. 301/41) Bridge;

b.

East of the Ft. Hamer boat ramp, as marked;

c.

Immediately east of DeSoto Point; and

d.

Southwest of the I-75 bridge.

(4)

Anna Maria Sound adjacent to Key Royale; and

(5)

Sarasota Bay adjacent to Coquina Beach Bayside, south of Leffis Key, west of the marked channel and north of the boat ramp.

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). Any owner, operator or person in command of a vessel operating in any of the above designated historical recreational areas is exempt from the provisions of sections 2-32-5, 2-32-6 and 2-32-8 of this chapter, to the extent such historical recreational areas overlap or encroach upon the areas of regulated water activity established pursuant to section 2-32-5 or 2-32-8 hereof.

By designating or marking historical recreational areas, the county does not warrant or guarantee the safety or utility of an area for traditional water sport activities. Each vessel operator is personally responsible for ensuring the area is free of submerged hazards and has sufficient depth and width for the activity.

(b)

Special regulated water sports area, Warner's Bayou. The county hereby designates the areas of Warner's Bayou so designated on the manatee protection watercourse map as a special regulated water sports area ("SRWSA"), in which customary water sports such as waterskiing and wakeboarding shall be permitted, but only in accordance with the restrictions set forth in this subsection, in order to assure proper protection of manatees. The following restrictions shall apply to all vessels engaging in water sports activity in the SRWSA:

(1)

No more than two (2) vessels shall engage in water sports at any one time;

(2)

If a vessel operator sights one or more manatees in the SRWSA, the operator shall immediately alert nearby vessel operators, and all vessels, including, without limitation, personal watercraft, shall immediately cease recreational water activities and proceed only at slow speed with extreme caution to avoid collisions with the manatee;

(3)

All vessels shall have, in addition to the operator, an observer on board so that the operator may concentrate on spotting objects in the water (including manatees) and avoiding them;

(4)

All vessels shall have a VHF marine radio (hand-held or mounted) on board. Operators of such vessels shall monitor channel 16;

(5)

All operators, and all observers required to be present pursuant to subsection (3), above, shall wear polarized sunglasses;

(6)

No more than thirty (30) minutes prior to engaging in water sports activity, the SRWSA, and the areas of Warner's Bayou outside of the SRWSA, shall be surveyed to detect the presence of any manatees. If a manatee is detected, water sports activity shall not commence until the manatee has left the area; and

(7)

Only vessels and operators that have been permitted by the county to engage in water sports activity in the SRWSA shall be permitted to operate at speeds in excess of slow speed. Only operators who have passed a written test demonstrating their knowledge of the restrictions in place in the SRWSA shall receive permits to engage in water sports activity in the SRWSA.

The county shall maintain proper signage in the SRWSA identifying it as such and posting a contact telephone number at which boaters can obtain information regarding the restrictions in place in the SRWSA. The county shall appoint a committee (the "committee"), to be comprised of concerned citizens and residents adjacent to the SRWSA, to be responsible for monitoring compliance with the restrictions set forth herein. By designating or marking a SRWSA, the county does not warrant nor guarantee the safety or utility of an area for traditional water sport activities. Each vessel operator is personally responsible for ensuring the area is free of submerged hazards and has sufficient depth and width for the activity.

Any owner, operator or person in command of a vessel who permits operation of such vessel in excess of slow speed in the above-designated SRWSA, except as expressly permitted in this subsection (b) shall be guilty of a violation of this article.

(Ord. No. 08-68, § 3(Exh. A), 8-12-08)