§ 10-26. Definitions.

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:

Exclusion Zone means all waters within the center line of 96th Street on the south and northward to the southerly line of the Bakers Haulover District property, including all improvements, recreational areas and property thereof measured from the mean low water line; and that portion of the water area of the Atlantic Ocean, extending up to a maximum of 300 feet off shore from the center line of 96th Street to the southerly line of the Bakers Haulover District property as described in Exhibit "A". A copy of Exhibit "A" shall be retained on file in the office of the Village Clerk.

Idle Speed No Wake means a Motorboat speed not greater than that necessary to maintain steerageway. A Motorboat that is operating on a plane is not proceeding at Idle Speed No Wake.

Motorboat means any Vessel including Personal Watercraft, which is propelled or powered by machinery and which is used or capable of being used as a means of transportation on water.

Operate means to be in charge of or in command of or in actual physical control of a Motorboat in the Exclusion Zone.

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.

Public Beach means that land area, legally described in the Ocean Front District of Bal Harbour Village, which is seaward of the erosion control line established and identified at Book 88, page 65, public records of Dade County, Florida. It shall also include all easements and rights-of-way within that area which are utilized for Public Beach purposes.

Regulatory Marker means any anchored or fixed marker in, on, or over the water, or anchored platform on the surface of the water and includes, but is not limited to, a bathing beach marker, speed zone marker, information marker, congested area marker, or warning marker.

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

(Code 1974, § 6-1(b); Ord. No. 445, § 1, 10-19-99; Ord. No. 457, § 1, 11-21-00)

Cross reference

Definitions and rules of construction generally, § 1-2.