NOTICE

FORMAL ACTION MAY BE TAKEN ON ANY ITEM DISCUSSED OR ADDED TO THIS AGENDA. ANYPERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OR COMMITTEE WITHRESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED ARECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OFTHE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPONWHICH THE APPEAL IS TO BE HEARD. ANY PERSON WITH A DISABILITY REQUIRING AUXILIARYAIDS AND SERVICES FOR THIS MEETING MAY CALL THE CITY CLERK'S OFFICE AT (239) 213-1015WITH REQUESTS AT LEAST TWO BUSINESS DAYS BEFORE THE MEETING DATE.

NOTICE OF MEETING AND AGENDACity Council Chamber

735 8th Street S, Naples, Florida 34102

Welcome to today's meeting. If you wish to address the Board regarding an item listedon this agenda, please complete a registration form at the rear of the room and place itin the Speaker Request Box located on the dais prior to consideration of that item. Weask that speakers limit their comments to 3 minutes and that large groups name aspokesperson whenever possible. Thank you for your interest and participation in Citygovernment.

Moorings Bay Citizens Advisory Committee MeetingTuesday, January 21, 2020

9:00 AM

All proposed documents and information on items listed below, which have been provided inadvance of this meeting, may be inspected in the office of the City Clerk, or on the City ofNaples home page https://www.naplesgov.com/ or call the City Clerk's Office, 213-1015. Allwritten, audio-visual and other materials presented to the Board in conjunction withdeliberations during this meeting will become the property of the City of Naples and will beretained by the City Clerk.

1. Roll Call

2. Announcements

3. Items to be Added

4. Public Comments

5. Approval of Minutes

5.A. Approval of October 15, 2019 meeting minutesMBSTD_Minutes 10_15_2019.pdf

6. Financial Report Review

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6.A. Q4 (End of Fiscal Year) Financial ReportMBSTD_Q4 Report.pdf

7. Doctors Pass / Moorings Bay Light and Signs

8. Boating Speed Limits

8.A. Boating Speed Limit Ordinance - Moorings Bay BridgesOrdinance No. 16-13751.pdf

9. Member Comments

10. Adjourn

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Moorings Bay Citizens Advisory Committee Agenda Item Report

Submitted by: Stephanie MolloySubmitting Department: Streets, Stormwater & Natural Resources

Meeting Date: January 21, 2020

SUBJECTApproval of October 15, 2019 meeting minutes

Legislative Type:

Funding Source:

Recommendation:

ATTACHMENTS MBSTD_Minutes 10_15_2019.pdf

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DRAFTCity Council Chamber 735 Eighth Street South Naples, Florida 34102

Moorings Bay Citizens Advisory Committee Meeting – October 15, 2019 – 8:59 a.m.It is noted for the record that all documents electronically appended hereto are also contained in the file for this meeting in the City Clerk's Office. Call to Order

Chair Katz called the meeting to order and presided. 1) ROLL CALL

Committee Members Present: Al Katz, Chairman Sharda Spahr, Vice Chair John Calce Carson McEachern Committee Members Absent: George Kartsimas Staff Present: Stephanie Molloy, Natural Resources Manager Roger Jacobsen, Code & Harbor Manager Jessica Rosenberg, Exec. Asst. / Dep. City Clerk Daniel Escott, Police Officer Also Present:Robert Lynch Robert Duane 2) ANNOUNCEMENTS

None.3) CHANGES TO THE AGENDANone.4) PUBLIC COMMENTS

Robert Lynch and Robert Duane, representing Harbour Lights Condominiums, utilized anelectronic presentation to show the sludge they assert is accumulating due to City storm draindischarge and the effect it was having on the docking of their vessels. They thereby asked thatthe City considering partnering with them in performing a dredge. Stephanie Molloy, NaturalResources Manager, however explained that, pursuant to City policy, dredging could not beperformed within 10 feet of a private dock. Chair Katz nevertheless recommended that they sharetheir presentation with Council. Member McEachern proffered a motion to recommend thatCouncil reexamine this policy; however, it failed for lack of a second.Presentation (ADDED ATTACHMENT / R. Lynch and R. Duane)Photograph of sludge (ADDED ATTACHMENT / R. Lynch and R. Duane) 5) APPROVAL OF APRIL 16, 2019 AND MAY 21,2019 MEETING MINUTES

MOTION by McEachern to APPROVE the meeting minutes of April 6, 2019and May 21, 2019; seconded by Spahr and unanimously carried (Calce-yes,Kartsimas-absent, McEachern-yes, Spahr-yes, and Katz-yes).

20190416 mbcac draft minutes.pdf 20190521 mbcac draft minutes.pdf 6) DOCTORS PASS/MOORINGS BAY MARKER MAP Stephanie Molloy, Natural Resources Manager, stated that this project has been completed.MarkerMapInventoryALL.pdf

7) MARINE PATROL DISCUSSION

8) RED TIDE/ALGAE DISCUSSION

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DRAFTMoorings Bay Citizens Advisory Committee Meeting – October 15, 2019 – 8:59 a.m.

9) OYSTER REEF RESTORATION PRESENTATION

Molloy_2019_10_15_Oyster_MBCAC.pdf

10.A) FINANCIAL REPORTS REVIEW

MB Q3 Report.pdf

19-20 Budget MB.pdf

Revenue/Expenditure Analysis as of September, 2019 (ADDED ATTACHMENT / Staff)

11) SET NEXT MEETING DATE

12) MEMBER COMMENTS

13) ADJOURN

Minutes Approved: _________

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Moorings Bay Citizens Advisory Committee Agenda Item Report

Submitted by: Stephanie MolloySubmitting Department:

Meeting Date: January 21, 2020

SUBJECTQ4 (End of Fiscal Year) Financial Report

Legislative Type:

Funding Source:

Recommendation:

ATTACHMENTS MBSTD_Q4 Report.pdf

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MOORINGS BAY TAXING DISTRICTREVENUE/EXPENDITURE ANALYSIS (CASH BASIS)*

FISCAL YEARS 2018 & 2019100% OF FISCAL YEARas of September 2019

Actual Actual Percent 2019 Percent2018 2019 Increase/ Amended of Annual

12 Months 12 Months Decrease Budget BudgetREVENUES:Property Taxes 24,107 25,433 5.5% 25,094 101.3% Interest Earned 10,778 26,259 143.6% 16,000 164.1% Appropriated Fund Balance 43,156

TOTALS 34,884 51,691 48.2% 84,250 61.4%

EXPENDITURES:Operating Expense 14,849 66,084 345.0% 84,250 78.4%

TOTAL 14,849 66,084 345.0% 84,250 78.4%

CASH FLOW 20,035 (14,393) 0Positive/(Negative)

Adopted Budget 54,250 Encumbrance Carryforward 0

Council Approved Amendments 30,000 #19-14335Amended Budget 84,250

*The information contained herein is an unaudited, interim statement subject to adjustment.

Expenses to-date:Bonness Inc. - removal/installation 10,917Collier County Board of Comm - sampling 9,993Collier County Tax Collector - postage 2DAS Manufacturing, Inc - storm drain medallions 2,009Decks & Docks Lumber Co - pilings 5,690Dept of Ec Opp - Special Districts Fee 175Earth Tech Enterprises - pilings 28,955Int Decks & Docks - pilings for manatee signs 760Municipal Supply & Sign - navigation signs, glue 6,855Nixalite of America - navigation sign 637Parkshore Marina - boat rental 90

66,084

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Moorings Bay Citizens Advisory Committee Agenda Item Report

Submitted by: Stephanie MolloySubmitting Department:

Meeting Date: January 21, 2020

SUBJECTBoating Speed Limit Ordinance - Moorings Bay Bridges

Legislative Type:

Funding Source:

Recommendation:

ATTACHMENTS Ordinance No. 16-13751.pdf

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ORDINANCE 16-13751

Book 142 Pa ge __

Agenda Item 6 Meeting of 2/3/16

AN ORDINANCE RELATING TO REGULATION OF THE WATERWAYS OF THE CITY OF NAPLES, FLORIDA; AMENDING SECTION 1-15, GENERAL PENALTY; CONTINUING VIOLATIONS; ADJUDGING FINES AND IMPRISONMENTS, OF CHAPTER 1, GENERAL PROVISIONS; AMENDING SECTION 42-171, DEFINITIONS; AMENDING SECTION 42-172, AREA OF ENFORCEMENT; AMENDING SECTION 42-173, EXEMPTIONS; REPEALING SECTION 42-174, CAREFUL AND PRUDENT OPERATION REQUIRED; REPEALING SECTION 42-175, FINES; REPEALING SECTION 42-176, SPEED GENERALLY; REPEALING SECTION 42-177, SPEED LIMIT IN CERTAIN RESTRICTED AREAS; REPEALING SECTION 42-178, SPEED GREATER THAN IS REASONABLE UNDER CONDITIONS; REPEALING SECTION 42-179, USE OF SEARCHLIGHTS, HORNS, WHISTLES OR BELLS; AND REPEALING SECTION 42-180, GARBAGE DISPOSAL, OF CHAPTER 42, WATERWAYS, CODE OF ORDINANCES, CITY OF NAPLES, FOR SPECIFIC AREAS OF DOCTORS PASS AND THE MOORINGS BAY SYSTEM; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; REPEALING ORDINANCES 04-10664 AND 94-7323; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Circuit Court of the Twentieth Judicial Circuit in and for Collier County , Florida on February 5 , 2014 ruled that Ordinance 04-10664 is inoperable and Ordinance 94-7323 is repealed without the possibility of revival; and

WHEREAS, Ordinances 04-10664 and 94-7323 previously ordained Doctors Pass and the Moorings Bay System , from Seagate Drive south to Banyan Boulevard , shall be designated as an "idle speed/no wake " zone ; and

WHEREAS , the previous "idle speed no wake " zone in Doctors Pass and the Moorings Bay System has been ruled inoperable and repealed by the Circuit Court of the Twentieth Judicial Circuit in and for Collier County , Florida ; and

WHEREAS, Chapter 327.46 of the Florida Statutes provides a local government may establish an idle speed , no wake boating-restricted area , if the area is within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor fuel to the general boating public on waterways more than 300 feet in width ; and

WHEREAS, Park Shore Marina , located on the waters of the Moorings Bay system at 4310 Gulf Shore Boulevard North , operates fuel pumps and sells motor fuel to the general boating public ; and

WHEREAS , the waters of the Moorings Bay system exceed 300 feet in width at 431 O Gulf Shore Boulevard North , the location of the Park Shore Marina ; and

WHEREAS, Chapter 327.46 of the Florida Statutes provides a local government may establish a slow speed , minimum wake boating-restricted area if the area is within 300 feet of any bridge fender system or within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet ; and

WHEREAS, the Park Shore Drive bridge crossing the waters of the Moorings Bay System has a9

Book 142 Page __

Ordinance 16-13751 Page 2

vertical clearance of less than 25 feet or a horizontal clearance of less than 100 •feet ; and

WHEREAS, the Harbour Drive bridge crossing the waters of the Moorings Bay System has a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet; and

WHEREAS, the Mooring Line Drive bridge crossing the waters of the Moorings Bay System has a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet ;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA:

Section 1. That Section 1- 15 , General penalty ; cont inuing violations ; adjudg ing fines and imprisonments, of Chapter 1, General Provisions, Code of Ordinances, City of Naples, is hereby amended to add a subsection (f) to read as follows (with underlin ing indicating additions and strikethrough indicating deletions) :

Sec. 1-15. - General penalty; continuing violations; adjudging fines andimprisonments.

Section 2.

ill Violation of Chapter 42 , Article Ill , shall subject the violator to the following penalties:

ill 1st violation : $250.00 civil penalty ; plus court costs.

ill 2nd violation within one year thereafter : $350 .00 civil penalty ; plus court costs .

ru 3rd violation within one year after 2nd violation : $500 .00 civil penalty ; plus court costs .

ill Subsequent violations : Criminal penalty of up to $500 .00 fine or imprisonment in county jail for up to 60 days, or both, plus court costs .

A violator may elect to pay a reduced civil penalty of $125 .00 for the 1st violation ; a reduced civil penalty of $175.00 for the 2nd violation, and a reduced penalty of $250.00 for the 3 rd violation, within 10 days of issuance of the violation, citation, or notice to appear , to the agency or department listed thereon. If the 101

h day falls on a weekend or federal holiday , the time period shall be extended to the next business day . If the violat ion. citation , or notice to appear is heard before a magistrate or tribunal other than the court, the awarded costs shall be the same as court costs .

That Section 42-171, Definitions , of Chapter 42 , Waterways , of the Code of Ordinances , City of Naples , is hereby amended to read as follows , (with underlining indicating additions and strikethrough indicating deletions) :

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Ordinance 16-13751 Page 3

Sec. 42-171. Definitions.

All definitions pertaining to this article that are defined in either general law or theFlorida Administrative Code concerning vessels and marine animals, including specifically those set out in Chapters 327 and 379 . Florida Statutes . and Chapter 68C-22 . Florida Administrative Code. as may be amended from time to time , are incorporatedin this article and shall be construed in this article in the same manner as in state law .

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

ldle speed and idle speed no wake may be used interchangeably and mean that a vessel must proceed at a speed no greater than that which will maintain steerage11t'ay and headway . At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has undertew..

ldf.e speed zone means a designated area within which all vessel operators shall proceed at idle speed , producing no wake .

Motorboat means any vessel equipped with machinery for propulsion ,irrespective of whether the propulsion machinery is actually in place , including personal watercraft .

Motorboats prohibited zone is as used in F .AC. ch . 68C 22 , is synonymous withthe definit ion of the "no po•.ver driven vessels " zone defined in F .A .C . 680 23.103(2)(d) , and means that all vessels equipped with any mechanical means of propulsion are prohibited from entering the marked area unless the mechanical means of propulsion is not in use and , if possible to do so , is tilted or raised out of the •.vater .

Operate means to navigate or otherwise use a boat or a vessel.

Personal watercra# means a vessel less than 16 feet in length which uses an inboard motor powering a water jet pump as its primary source of motive power and wh ich is designed to be operated by a person s itting , standing , or kneeling on the vessel , rather than in the conventional manner of sitting or standing inside the vessel.

Planing means riding on or near the •.vater' s surface as a result of thehydrodynamic forces on a vessel ' s hull , sponsons , foils or other surfaces . A vessel is

'd d II I II h 't . b .cons1 ere on p ane w en 1 1se1ng operated at or above the speed necessary tokeep the vessel planing .

Shoreline means the point where the ·.vater meets the land at any point in time .

Slow speed and slow speed minimum wake may be used interchangeably and mean that a vessel must be fully off plane and completely settled into the water . The vessel must then proceed at a speed which is reasonable and prudent under the prevailing circumstances so as to avoid the creation of an excessive wake or other

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Ordinance 16-13751 Page4

hazardous condition •.vhich endangers or is likely to endanger other vessels or other •persons using the waterway . Due to the different speeds at which vessels of different sizes and configurations may travel while i n compliance •.vith th is definition , there is no specific numeri cal speed assigned to slm\ 1 speed. A vessel that is :

fB Operating on plane is not proceeding at this speed;

{21 In the process of coming off plane and settling into the water or coming up onto plane is not proceeding at this speed ;

tJt Operating at a speed that creates an excessive wake or other haza r dous condition , which unreasonably or unnecessarily endangers other vessels or other persons using the waterv1ay , or is likely to do so , is not proceeding at this speed ;

Completely off plane and •.vhich has fully settled into the water and is proceeding at a reasonable and prudent speed with little or no wake is proceeding at this speed .

Stow speed zone means a designated area within which all vessel operatorsshall proceed at a speed no greater than slow speed .

Steeragev,iay means the minimum rate of motion required for the helm of thevessel to have effect.

Vessel is synonymous with "boat" as referenced in section 1 (b) , article VII , of thestate constitution and F.S . § 327.02 , and includes every description of •.vatercraft , barge and airboat , other than a seaplane , on the water that is used or capable of being used as a means of transportation on water .

Wake means all changes in the vertical height of the water's surface caused bythe passage of a vessel including , but not limited to , a vessel's bow wave , stern wave , and propeller •.vash .

Section 3. That Section 42-172 , Area of enforcement , of Chapter 42 , Waterways , of the Code of Ordinances , City of Naples , is hereby amended to read as follows , (with underlining indicating additions and strikethrough indicating delet ions) :

Sec . 42-172. Area of enforcement. Boating - restricted areas.

The area of enforcement of this article shall be all waters , creeks , bayous , canals and channels , whether natural or human made , located w ithin the city.

The following boating-restricted areas are created in Doctors Pass and the Moorings Bay System. from Seagate Drive south to Banyan Boulevard. and aredesignated as idle speed no wake boating-restricted areas . No person shalloperate a motorboat in any area designated and posted as an idle speed no wake zone at a speed greater than idle speed :

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Ordinance 16-13751 Page 5

ill Within 500 feet of the fuel pumps of any marine fueling facility that sells motor fuel to the general boating public .

ill Within 500 feet of any boat ramp, launching, or landing facility available for use by the general public .

.(Ql The following boating-restricted areas are created in Doctors Pass and the Moorings Bay System. from Seagate Drive south to Banyan Boulevard. and are designated as slow speed minimum wake boating-restricted areas . No person shall operate a motorboat in any area designated and posted as a slow speed minimum wake zone at a speed greater than slow speed :

Section 4.

ill Within 300 feet of the Park Shore Drive bridge span .

ill Within 300 feet of the Harbour Drive bridge span .

.Ql Within 300 feet of the Mooring Line Drive bridge span .

That Section 42-173, Exemptions , of Chapter 42 , Waterways , of the Code of Ordinances , City of Naples , is hereby amended to read as follows , (with underlining indicat i ng additions and strikethrough indicating deletions) :

Sec. 42-173. Exemptions .

tat This article shall not be construed to prohibit the running of racing or exhibition boats during a publicly announced, properly authorized and supervised and adequately patrolled regatta or speed trial or exhibition .

f91 Patrol and rescue craft and craft operating under emergency conditions shall be exempted from this art icle while performing their duties .

Restrictions established pursuant to this Article shall not apply in the case of an emergency or to a law enforcement . firefighting , or rescue vessel owned

or operated by or on behalf of a governmental entity .

Section 5. That Section 42-174 , Careful and prudent operation required , of Chapter 42 , Waterways, of the Code of Ordinances , City of Naples , is hereby repealed :

Sec. 42 174. Careful and prudent operation required.

Every person operating or navigating any vessel in , on or under any waters within the city shall do so in a careful and prudent manner , taking into consideration the weather conditions and range of visibility , •.vater turbulence , prox imities to bathers , water skiers and other boats and watercraft and all other attendant circumstances so as not to endanger the life , limb or property of any person. Failure to operate a boat in such a careful and prudent manner shall constitute careless boating and shall be a violation of this article .

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Ordinance 16-13751 Page 6

Section 6. That Section 42-175 , Fines , of Chapter 42 , Waterways , of the Code of Ordinances , City of Naples , is hereby repealed:

Sec. 42 175. Fines.

For a violation of this article , the fine shall be as follows :

Section 7.

Careless/reckless operation .. . .. $100 .00

Idle speed violation .....50 .00

Slow speed violation ... ..50.00

Noise violation .... . 75.00

All other violations .. ...50.00

That Section 42-176 , Speed generally , of Chapter 42, Waterways , of the Code of Ordinances , City of Naples, is hereby repealed :

Sec. 42 176. Speed generally.

No boat or vessel shall be operated upon any 1.vaterways in the city at a rate of speed which causes waves to damage docks , whaP.ies , seawalls or boats moored or tied to docks or wharves along such waterways .

Section 8. That Section 42-177 , Speed limit in certain restricted areas, of Chapter 42 , Waterways , of the Code of Ordinances , City of Naples , is hereby repealed :

Sec. 42 177. Speed limit in certain restricted areas.

{aj Mo person shall operate a motorboat in any area designated and posted as an official idle speed zone at a speed greater than idle speed. The following are designated as_idle speed zones :

fB The Gulf of Mexico along the city public beach , from the shoreline out to 500 feet west of the public beach , from the north boundary of the city to Gordon Pass , excluding the outer approach to Doctors Pass , such approach being the area within the marked channel from the lighted , outermost marker east to the outer ends of the stone jetties .

f2f Doctors Pass and the Moorings Bay System , from Seagate Drive south to Banyan Boulevard .

The Gordon River and Naples Bay , from the north boundary of the city to a line running east to west through marker 32 , connecting adjacent shorelines , except that for the purpose of testing propulsion systems , marine mechanics are permitted to exceed the idle speed restriction in the Gordon River in an area approximately 0.3 mile in length , extending from the city wastewater treatment plant south to the horticultural landfill ,•.veekdays , between the hours of 8:00 a .m. and 5:00 p.m .

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Ordinance 16-13751 Page 7

Naples Bay , from a line running north to south through marker 10 , connecting adjacent shorelines , to a line runn ing north to south through marker 7 , connecting adjacent shorelines .

fat All canals and waterways tributary to Naples Bay and the Gordon River , including 'Nithout limitation those in River Park , Avion Park , Golden Shores , Oyster Bay , Royal Harbor, Aqualane Shores and Port Royal.

t9f No person shall operate a motorboat in any area designated and posted as an official slow speed zone area at a speed greater than slow speed . The following are designated as slow speed zones :

f11 Naples Bay , from a line running east to west through marker 32 , connecting adjacent shorelines , to a line running east to west throughmarker 22, connecting adjacent shorelines , from 10 :00 a .m . through 5 :00p .m . weekends and holidays (see F.AC. 68D 23 . 103 , " holidays " ) ;

Naples Bay , from a line running east to west through marker 22,connecting adjacent shorelines, to a line running north to south through marker 10 , connecting adjacent shorelines , from 10 :00 a.m. through 5:00 p . m. , 7 days a week ;

Naples Bay and Dollar Bay , from a line running east to west throughmarker 22 , connecting adjacent shorelines , to a line running east to westthrough marker 71 in Dollar Bay , connecting adjacent shorelines , from10:00 a .m . through 5 :00 p.m., 7 days a week.

No person shall operate a motorboat in any area designated and posted as an official 30 miles per hour (mph) zone at a speed greater than 30 statute miles per hour made good over the bottom . The following are designated as official 30 miles per hour zones : Gordon Pass and the portions of Naples Bay and Dollar Bay , all as described in subsection (b) of this section , at all times other than those set forth in subsection (b) ; or not otherwise designated as an idle speed zone or slmv speed zone .

tGj No person shall operate a motorboat in any area designated and posted as a motorboats prohibited zone . The fo llow ing are designated as motorboats prohib ited zones :

Section 9.

f11 Within 150 feet of the Naples Pie r .

f2j Within 500 feet of the beach at Lowdermilk Park .

That Section 42-178 , Speed greater than is reasonable under conditions, of Chapter 42 , Waterways , of the Code of Ordinances , City of Naples , is hereby repealed :

Sec. 42 178 . Speed greater than is reasonable under conditions .

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Ordinance 16-13751 Page 8

Nothing in this article shall be construed to authorize or approve any speed •greater than is reasonable and proper in consideration of local conditions , other water traffic , and persons swimming or fishing in the area or other hazards .

Section 10. That Section 42-179, Use of searchlights , horns , whistles or bells, of Chapter 42 , Waterways , of the Code of Ordinances , City of Naples, is hereby repealed:

SeG. 42 179. Use of searGhlights, horns, whistles or bells.

The indiscriminate use of searchlights , horns , whistles or bells on any watercraft within the corporate limits of the city is prohibited .

Section 11. That Section 42-180, Garbage disposal , of Chapter 42 , Waterways, of the Code of Ordinances , City of Naples , is hereby repealed:

SeG. 42 180. Garbage disposal.

All watercraft moored or docked in the i,•.iaterways within the city limits shall have garbage cans of sufficient size to hold garbage or refuse to be collected by the city . It shall be unlawful for persons upon such boats to dump or throw garbage , paper , bottles , cans , refuse or debris into such waterways.

Section 12. If any word , phrase , clause , subsection or section of this ordinance is for any reason held unconstitutional , invalid, or inoperative, the invalidity thereof shall not •affect the validity of any remaining portions of this ordinance .

Section 13. Ordinances 04-10664 and 94-7323 stand repealed ; however , the portions of said ordinances indicated in the above text and not indicated by strike-through , are revived, and are operable along with the underlined text. All sections or parts of sections of the Code of Ordinances , all ordinances or parts of ordinances , and all resolutions or parts of resolutions in conflict herewith , shall be and the same are hereby repealed to the extent of such conflict.

Section 14. This ord inance shall take effect immediately upon adoption at second reading . This ordinance shall become operable and enforceable as to the areas specified upon the posting of said boating-restricted area in accordance with Florida Fish and Wildlife Commission permits.

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Ordinance 16-13751 Page 9

FIRST READING DECLARED THE 20TH DAY OF JANUARY, 2016 .

PASSED AND ADOPTED AT SECOND READING AND PUBLIC HEARING IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA THIS 3Ro DAY OF FEBRUARY, 2016.

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ML\REF\COUNCIL\ORD\2016\16 - 13751

Date filed with City Clerk: f1 - 3 - / ~

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