§ 36-1. Definitions.  


Latest version.
  • The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Dwelling unit means a building or connected buildings used as a residence by an individual or individuals.

    Idle speed/no wake means that a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway.

    Residential manmade canal means an artificial waterway that:

    (1)

    Has both its sides or banks in the form of a vertical rock face, seawall or riprap; and

    (2)

    Has any dwelling units on property adjoining the waterway.

    Personal watercraft means a small class A-1 or A-2 vessel which uses an outboard motor, or an inboard motor powering a water jet pump, as its primary source of motive power and which is designed to be operated by a person sitting, standing or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

    Slow speed/minimum wake means that a vessel must be fully off plane and completely settled into the water. It must not proceed at a speed greater than that speed which is reasonable and prudent to avoid the creation of an excessive wake or other hazardous condition under the existing circumstances. A vessel that is:

    (1)

    Operating on a plane is not proceeding at slow speed/minimum wake;

    (2)

    In the process of coming off plane and settling into the water or coming up onto plane is not proceeding at slow speed/minimum wake;

    (3)

    Operating at a speed that creates a wake which unreasonably or unnecessarily endangers other vessels is not proceeding at slow speed/minimum wake;

    (4)

    Completely off plane and which has fully settled into the water and is proceeding without wake or with minimum wake is proceeding at slow speed/minimum wake.

    Vessel is synonymous with boat as referenced in Article VII, Section (1)(b), Florida Constitution (1968), and includes every description of watercraft, barge and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on the water.

    Wake means all changes in the vertical height of the water's surface caused by the passage of a personal watercraft including, but not limited to, the personal watercraft's bow wave, stern wake, and prop wash.

(Code 1999, §§ 5.5-81, 5.5-101, 5.5-141, 5.5-151)