Cape Dory Owners "Right To Anchor", Help Preserve

[Capthunter]

IMPORTANT - Marco Island Cruisers To Test New Florida Anchoring Law
Received 1/22/07

My hat is off to the civic minded cruisers of Marco Island who braved the local, and in my opinion, illegal, Marco Island anchorage regulations to get this matter into court. As you will see from the message below, the case will be heard on February 15, 2007. The Marco Island cruisers deserve the support of the entire countrys cruising community in this action.
I would also like to thank the Marco Daily News, and the Naples Daily News for allowing the copywrighted article below to be reproduced in its entirety. These related newspapers are doing excellent work in getting the word out about this issue, critical to the cruising community.

Marco Island, Florida in May 2006 began to enforce an anchoring ordinance which is in opposition to statutes of the state of Florida. After repeated attempts to educate and inform the city administration and the city council by knowledgeable and dedicated cruisers, we were unable to gain the attention of the reigning powers. Plus after embarrassing reports of visiting cruiser harassment, we could not allow this injustice to continue. With the support of our local sailing organization, SAMI, Sailing Association of Marco Island, we staged a civil disobedience protest in order to bring the matter to court for resolution. We finally got the attention of the city and it came in the form of an arrest and release in his own recognizance for violating the city ordinance, with an appearance in court scheduled for February 15, 2007. Attached is a newspaper report from the Marco Eagle which pretty well summarizes the entire situation. We feel the boating public should be aware of this event.
Herman G. Diebler
Rear Commodore, SSCA
Marco Island Resident

marconews.com
Boater cited for violating waterways ordinance
State and national groups considering class action suit against city
By Ed Bania

Thursday, January 18, 2007

The first shot has been fired in a battle between local boaters and the city of Marco Island.
The 42-foot Krogen motor yacht “Kinship” was cited at 7:40 a.m. Thursday and the skipper of the vessel, Marco Island resident David Dumas, was issued a Notice To Appear in Collier County Court on Feb. 15 at 8:30 a.m.
The notice was given to Dumas by Marco Island Police Department marine officer Hector Diaz. The officer said that Dumas violated a regulation of the Marco Island Waterways and Boating Safety Ordinance.
The Notice To Appear states that Dumas violated the ordinance “for being moored for 12 hours within 300 feet next to a sea wall and State Route 951.”
“He simply stated that he had given me a warning yesterday that I was in violation of the anchoring law,” Dumas said. “¤‘This is an arrest,’ he said. I was being arrested for a misdemeanor.”
According to Dumas, Diaz said that if he agreed to appear in court on Feb. 15 that Diaz would release him on his own recognizance.
“I replied that I would be there,” Dumas said.
He noted that Diaz and a second marine officer were very professional, straight-forward and courteous.
“There was no request out of the ordinary,” Dumas said.
He added that he expressed his support for the police department for maintaining safety in Marco waterways.
Capt. Lee Oldershaw, another experienced boater and island resident, was on board the vessel. He said that before issuing the Notice, the officers measured the distance by laser that the vessel was from the shore.
“This organization has the responsibility to implement policies and enforce the laws adopted by the elected city council,” Marco Island City Manger Bill Moss said Thursday. “Their policies reflect the expectations of our community. It is unfortunate that one or more people intentionally violate laws because they disagree with the vast majority of Marco Island citizens.”
Dumas and Oldershaw told the Marco Eagle on Jan. 12 that they would pilot the vessel to Smokehouse Bay and anchor within 300 feet of the shoreline and wait to be approached by an officer.
According to reports, boating groups, including the Sailing Association of Marco Island (SAMI), the local and statewide Standing Watch organizations and the National Marine Manufacturers Association, have threatened to take the city to court if a boater is cited for violating the ordinance.
Another controversial regulation is that a vessel cannot anchor more than three days in the island’s waterways without proof that the boat has been pumped out.
Boaters and organizations say that the two regulations of the Marco ordinance are in conflict of Florida Statute 327.60 that prohibits local governments from regulating the anchoring of non-live-aboard vessels in navigation outside of such mooring fields.
The statute also states that local governments can enact and enforce regulations which prohibit or restrict the mooring or anchoring of floating structures or live-aboard vessels within their jurisdiction, or any vessels within marked boundaries of a mooring field, provided in state Statute 327.40. The city of Marco Island doesn’t have permitted or marked mooring fields.
Noted criminal defense attorney Donald P. Day of Berry, Day and McFee in Naples, will represent Dumas in court.
The Florida Chapter of Standing Watch, a state-wide boating coalition, is dealing with municipal regulations in several areas throughout the state.
“The problem is that each municipal law attempts to override existing state law,” Jim Kalvin, president of the Standing Watch Florida board of directors, said. “The mosaic of municipal laws throughout Florida are not coordinated, consistent, or posted.”
He said that traveling boaters have no way of knowing what local laws may be in effect from one anchorage to the next. That leads to confusion, ignorance of existing ordinances, or even fines or imprisonment, according to Kalvin.
“Enforcement and penalties, as well, differ from locality to locality,” he said.
Kalvin added that the citing of Dumas will set a precedent throughout Florida.
“It will allow existing state law, which is consistent and well-known, to govern navigable waterways as it was designed to do,” he noted. “Standing Watch supports the enforcement of all existing law – to the fullest extent – prior to adopting new legislation or regulation. As even the proponents of the Marco ordinance admitted in meeting after meeting, there was no existing problem to address when this law was created.”
Marco Island resident and experienced boater Herman Diebler received the Notice To Appear from Dumas and delivered it to Day.
“Donald Day said to bring me the paper and he will proceed on it,” Diebler said. “He has sufficient information to defend Dumas. The rest will take care of in due time.”
Day said that, statewide, citizens appear to understand clearly what the Florida Legislature has authorized municipalities to do in regards to mooring issues and restrictions on live-aboard vessels. The Florida Fish and Wildlife Conservation Commission (FWC) has worked with municipalities all over the state that have addressed some of those issues, according to Day.
“State statutes and constitutional obligations override any local or municipal ordinance,” Day said. “The Florida Constitution actually protects the citizens of the state of Florida and all waterways up to the high tide mark.”
He added that the controlling of those waterways are vested solely with the state and not local municipalities. Municipalities have some authority over public waterways only because the Legislature created a statute that gave them the authority provided that they follow the mandates of the statutes.
“Which the city of Marco Island did not do,” Day said. “Marco is trying to regulate people from using their waterways. We, the people of Florida, own the waterways up to the high tide mark.”
An irony exists, according to Day, because he went through a similar battle about 15 years ago when the Collier County Commission got complaints from Marco residents about mullet fishermen fishing in their canals. Day said that the county passed an ordinance that prohibited vessels from traveling in the canals for the sole purpose of commercial fishing. “I filed a motion stating that the ordinance was unconstitutional because a local government cannot pass laws closing off waterways to public citizens,” Day said. “The only person that has the authority to do that is the state.”
A local judge agreed with Day and opened the canals to commercial fishing, saying that the ordinance was unconstitutional.

[s.v. LaVida]

I've experienced similar anchoring restrictions in my many passages up and down the ICW.

This just isn't a FL issue, its occurring across the board, in state after state, by communities wanting to discriminate against liveaboard and voyaging vessels.
They are literally taking away our right to anchor.

As boaters we need to take up the cause and make our presence known to lawmakers or soon it will be marina to marina voyage, with no anchoring allowed in-between

Unlike the subject of the article, I didn't have the deep pockets to stand and fight Vero Beach's mooring and anchoring law. So I paid my fine and moved on.

Rit

[Cathy Monaghan]

There's a short article in the February 2007 issue of SAIL (pp.18) regarding recent changes in Florida's state laws concerning anchoring rights.

According to the article: "....Florida House Bill 7175, which took effect July 2006, banned local governments from restricting anchoring outside of designated mooring fields. In addition, the redefinition of the term 'live-aboard vessel' puts most cruisers outside the jurisdiction of local governments. A 'live-aboard vessel', by the new definition, is a vessel used only as a residence or represented as a business or legal residence, thus distinguishing 'live-aboards' from 'full-time cruisers'. If you use your boat for transportation or for any of a number of recreational purposes, it's not a 'live-aboard vessel' no matter how long you stay aboard....."

See the article for the rest.

CLICK HERE to read Florida State Bill 7175.

[Capthunter]

Anyone encoutering a place which is enforcing anchorage bans or limitations is urged to contact David Dickerson, NMMA's director of state government relations so he can bring the new law to the attention of local officials. He's at ddickerson@nmma.org or 202-737-9761.

[Kittiwake]

The Marco Island test hasn't been part of the morning harbor net in Boot Key Harbor, but the difficulties traveling down the Florida East Coast certainly have been discussed at great length. Especially those in Miami (just North of Govt Cut), as well as the inconsistency of enforcement. Boot Key Harbor had a big sweep late last week - a Florida Wildlife boat, Sheriff's boat, and some coast guard boats - started just after dark. Never did figure out what the issue was, mostly warnings handed out for improper anchor lights. They really don't like any anchor light that isn't on the masthead, even if it otherwise meets USCG requirements for brightness and distance, even if potentially blocked by rigging or anything else. Alot of rumor about other possible reasons for the sweep, everything from training new coasties, to looking for drugs -but everyone in the anchorage and on the moorings has been kept in the dark. It does seem more confusing than last year, and with a couple of hundred boats in the harbor, not everyone was checked...
peace and fair winds, bill

[Capthunter]

Dave Dumas Court trial hearing is for feb 15th in Naples, FL Courthouse. I will post any new deveolpments here on the board.
Capt. Hunter

[Domenic]

I see it as another way for Municipalities to generate more revenues. Remember, political hacks who sit in thie big fat rear end all day cost a lot of money. Domenic