§ 70-101. Airboats prohibition.

(a)

It shall be unlawful to, and no person shall use, or operate, or occupy an airboat on the waters of Merritts Mill Pond; provided, however, that this prohibition shall not apply to airboats owned by the state or any agency, division, department, or subdivision thereof while operated by public employees in the course of their public employment.

(b)

For the purposes of this section, "airboat" shall mean any boat, sled, skiff, or other floating or skimming vessel which is pushed, pulled, or propelled by air power or air propeller generated by a motor of more than ten horsepower.

(c)

The county administrator is directed to procure the placement of signs at each public boating access or landing for Merritts Mill Pond advising persons of the restrictions contained herein; provided, that the adequacy or number of the signs shall not affect the validity of this section or of any prosecution for any violation hereof.

(d)

Penalty: Any person who violates the provisions hereof shall be guilty of a noncriminal violation as defined in F.S. § 775.08, to be enforced in accordance with the provisions of applicable Florida law with respect to the investigation, prosecution and adjudication of noncriminal traffic offenses. Any person who violates the provisions hereof for a second time or which violates the provisions hereof and is involved in any boating accident or in any injury to any person shall be guilty of a misdemeanor of the second degree as defined by applicable Florida law, to be enforced in accordance with the provisions of applicable Florida law with respect to the investigation, prosecution and adjudication of criminal traffic offenses.

(Ord. No. 2002-04, §§ 1—4, 4-23-2002)

Editor's note

Ord. No. 2002-04, §§ 1—4, adopted Apr. 23, 2002 did not specify manner of codification, hence; inclusion of these provisions as § 70-101 was at the discretion of the editor.