Subject:
Title
Ordinance amending the Pinellas County Code by adding Article III - Anchoring Limitation Areas to Chapter 130 - Waterways of the Pinellas County Code and providing for establishment of two anchoring limitation areas, one in the City of Clearwater and one in Unincorporated County.
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Recommended Action:
Recommended Action
Approval and adoption of the ordinance amending the Pinellas County Code by adding Article III - Anchoring Limitation Areas to Chapter 130 - Waterways of the Pinellas County Code and providing for establishment of two anchoring limitation areas (ALA), one in the City of Clearwater and one in Unincorporated County.
• Authorizes establishment of ALAs pursuant to Florida Statutes providing that a person may not anchor a vessel for more than forty-five consecutive days in any six-month period within any ALA, subject to certain exceptions.
• ALAs are intended to minimize long-term mooring of vessels, recognizing navigational, aesthetic, and environmental concerns as well as providing enforcement for live-aboard and derelict vessels.
• Florida Statutes only permits counties - not municipalities - to establish ALAs.
• In addition to authorizing the establishment of ALAs, the ordinance creates two areas:
o City of Clearwater - ALA within the Mandalay Channel; and
o Unincorporated County - ALA immediately southeast of the Belleair Causeway.
• Since only counties are permitted to establish ALAs, the County is establishing the ALA at the request of the City of Clearwater.
• An Interlocal agreement (ILA) with Clearwater is a companion item to this Ordinance. The ILA requires the city mark the ALA in accordance with requisite State permit(s) and enforce the ALA in good faith.
• The County will similarly mark and enforce the ALA in the unincorporated area.
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Strategic Plan:
Ensure Public Health, Safety and Welfare
2.1 Provide planning, coordination, prevention, and protective services to create and enhance a safe, secure, and healthy community
Practice Superior Environmental Stewardship
3.2 Preserve and manage environmental lands, beaches, parks, and historical assets
Foster Continual Economic Growth and Vitality
4.6 Support a vibrant community with recreation, arts and culture to attract residents and visitors
Deliver First-Class Services to the Public and Our Customers
5.1 Be responsible stewards of the public’s resources
5.4 Strive to serve the needs of all Pinellas County residents and customers
Summary:
Summary
Laws of Florida 2021-192 (codified at F.S. § 327.4108) authorizes counties to establish ALAs under certain conditions. Pursuant to F.S. § 327.4108(2)(b) a person may not anchor a vessel for more than forty-five (45) consecutive days in any six (6) month period within any ALA, subject to certain exceptions listed in F.S. §§ 327.4109(4), (5). This Ordinance creates two (2) anchoring limitation areas (ALAs) in the City of Clearwater and Unincorporated County. Marking and enforcement of the ALA in Clearwater is the responsibility of the municipality. To that end, an ILA with Clearwater is companion items to this Ordinance.
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Background Information:
Prior to 2021, local governments were preempted by F.S. § 327.60(2)(f) from regulating the anchoring of most vessels. In 2021, recognizing the navigational, aesthetic, and environmental concerns associated with vessels anchored in given locations for long periods of time, the State Legislature authorized counties to establish ALAs via Laws of Fla. 2021-192 (codified at F.S. § 327.4108). By its nature, an ALA targets live-aboard, stored, and derelict vessels - each of which may adversely impact the public welfare in different ways.
Of note, the Legislature did not authorize municipalities to establish ALAs. To date, Broward is the only other county to establish an ALA. The two (2) ALAs established by this Ordinance are in Mandalay Channel (Clearwater), and to the immediate southeast of the Belleair Causeway (Unincorporated County). Staff from the City of Clearwater will be present at the public hearing to answer any questions about the impetus for the City’s proposed ALA. The ALA in Unincorporated County is proposed to protect the area on the south side of the Belleair Causeway. The State has been notified of this Ordinance as required by If the Ordinance is adopted, each ALA will be enforceable once the requisite markers are permitted and installed.
Fiscal Impact:
N/A
Staff Member Responsible:
Kelli Hammer Levy, Public Works Department Director
Brendan Mackesey, Senior Assistant County Attorney
Partners:
City of Clearwater
Attachments:
Ordinance No. 23 - with Exhibits A - B (Map included)