Placement: Second Reading of Ordinances
Action Requested: Motion / Vote
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Ordinance 24-83, an Ordinance of the City of Port St. Lucie, Florida, Creating Chapter 101, Waterways, Article I, Boating Safety; Providing for Conflict; Providing for Severability; Providing for Codification; Providing an Effective Date.
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Submitted By: Carly A. Fabien, Deputy City Attorney, City Attorney Office
Strategic Plan Link: The City’s Mission to enhance our community’s safety.
Executive Summary (General Business): Since the activation of The Port District, City staff have been working with the Florida Fish and Wildlife Conservation Commission ("FFWC") on the establishment of reduced speed zones along the North Fork of the St. Lucie River. Additional focus has been placed on the recently modified speed zone area along the C-24 Canal near the Boat Ramp.
Presentation Information: Russ Blackburn, Special Assistant to the City Manager, will provide a brief presentation.
Staff Recommendation: Move that the Council approve the ordinance.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the ordinance.
2. Move that the Council not approve the ordinance and provide staff with direction.
Background: Similar to cars driving on a roadway, there are waterway hazards which require boat operators to slow down under certain conditions, and there are stretches of waterway where many boaters go too fast. There are two (2) major justifications to impose speed restrictions on the waterway:
1) Boats are moving at an unsafe speed endangering all boaters; and
2) A public hazard is present which requires slowing down to maintain safety for the operator and other boaters. Examples of public hazards include: a public fueling station, kayak launch, public boat ramp, bridge fenders or abutments.
Florida Statute provides that the FFWC administers laws which determine if boater safety (speed) zones may be adopted by local government. Florida law requires a local government contemplating applying to impose speed zones on a section of waterway to demonstrate over a long period of time that boat operators are moving at unsafe speeds. Port St. Lucie must provide data and analysis to FFWC through a Marker application. The data required would be multiple citations and/or accident reports for specific stretches of a waterway. Port St. Lucie Police Department’s Marine Patrol Unit (“Marine Patrol”) is monitoring and recording data for the North Fork stretches of waterway where the Council and Police Department receive frequent complaints. Marine Patrol has been collecting data to support a speed related application, but 8-12 months of additional data needs to be collected to determine if Port St. Lucie can justify a Marker application for speed safety concerns.
The part time nature of the Marine Patrol unit also makes collection of data over a long period of time more challenging. However, a public hazard provision within the statute allows the City to move forward with submitting a Marker application to adopt speed zones without collecting extensive data and analysis around public hazards. The FFWC Marker application requires that the City Council adopt an ordinance which identifies the need to operate boats at idle or slow speed, depending on the hazard or area, and identifies the hazard and the nautical location of each hazard. The ordinance currently being drafted identifies the following hazards:
• C-24 Boat Ramp - 300 ft. radius; idle speed / no wake zone;
• C-24 Southbend Bridge fenders - 300 ft. radius; slow speed / minimum wake zone;
• Port District Kayak/Canoe launch - 500 ft. radius; idle speed / no wake zone;
• Port St. Lucie Blvd. Bridge fenders at the Port - 300 ft. radius; slow speed / minimum wake zone;
• North Fork of the St. Lucie River Veterans Park at Rivergate Boat Ramp - 300 ft. radius; idle speed / no wake zone.
Zones adjacent to the C-24 Boat Ramp and Southbend Bridge were in place up until earlier this year, when the signage was removed until such time as the Ordinance was put in place.
With newer development, a map of the Port District’s speed zones reveals that there will be “gaps” in speed zones, potentially causing boats to speed up and then power down between speed zones. FFWC staff has indicated that if the City documents adverse impacts of gaps in the speed zones, the City may submit a Marker application at a later date to fill in the gaps for a contiguous zone. City staff anticipates the opening of the River Good Garden and increased usage of the floating docks will contribute to increased waterway usage and the need to fill in the gaps.
Boating Safey Zones protect the boating public. Waterfront neighbors can experience impacts to shoreline, private docks, boats and marinas. Both the Police Department and Marine Patrol staff have spoken to representatives of the neighboring Anchorage community to share the intent to continue to collect the data and analysis to support a waterway specific speed zone.
Issues/Analysis: N/A
Financial Information: N/A
Special Consideration: An update was provided to City Council members during the November 25, 2024, Community Redevelopment Agency Meeting. During said meeting, no changes were requested to the Ordinance. Following pending approval of the Ordinance, the application will then be transmitted to FFWC in February 2025.
Location of Project: North Fork of the St. Lucie River adjacent to The Port District and the C-24 Canal
Attachments:
1. Ordinance 24-83
2. Exhibit A - Maps - Exhibit for Marker Application
3. PSLPD Marker Data Form
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 4973
Legal Sufficiency Review:
Reviewed by Carly Fabien, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.