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Boat ramp ordinance unchanged for now PDF Print E-mail
County News
Wednesday, 18 August 2010 13:54

By Marvin G. Cortner
Editor

Osceola County commissioners Aug. 9 punted on changing the county ordinance governing public boat ramp use by small commercial airboat or motorboat operations.

The change proposed was to allow airboat or other motorboat tour operations to carry up to six passengers per launch (two per day), up from the current three passengers. Several large airboat operations use public ramps through contractual arrangements with the county, paying a fee for the privilege. Small operators were exempted from needing contracts and instead must have what are called “mobile” licenses.

Commissioners will take up the proposed change later once staff has had a chance to analyze all related issues. Those issues, based on the comments from various interests at the Aug. 9 commission meeting, include:

• Some small airboat operators have been warned by county code enforcement officials that they are carrying more passengers or launching more times per day than ordinance allows.

• The county does not currently restrict fishing guide businesses from launching from public boat ramps, raising the overall question of business use of a public facility.

• Some small operators are still designating boat ramp addresses as their place of business and also use boat ramps as designated meeting places for passengers.

• The question of whether mobile license holders have enough liability insurance to protect the county if someone were injured in an accident involving a watercraft launched from a public boat ramp.

• Use of public restroom facilities by the passengers of small airboat operations.

• Whether the county should withdraw the privilege of using public boat ramps by all airboat businesses, requiring them to operate out of private property.

Commissioner Michael Harford said the “original intent” of the county operating public boat ramps was that they be for “public use” and that problems began when those facilities were opened up to businesses.

“I agree that if you violate the ordinance, you get a ticket, and if you don’t pay, your license is suspended,” Harford said. “That still doesn’t solve my heartburn of someone operating a business out of a public ramp.”

Harford said he didn’t favor increasing the number of passengers allowed because certain companies involved had not complied with the ordinance.

Commissioner Ken Smith agreed, asking whether the commission wants to allow “private business to operate out of public property or not.”

“No we don’t,” Smith said, answering his own question. “We need to know who is using public boat ramps for what purpose. I’m having a hard time increasing the number of passengers to six.”

Commissioner Fred Haw-kins Jr. said there was one more issue involved: The county can control boat operators launching from public ramps but once airboats are away from shore, the county loses jurisdiction to the state.

Commissioner John Quiñones said allowing business use of public boat ramps should be discontinued at some time in the future, requiring the business to operate from private property.

Local attorney Norman Smith said the commission should follow staff recommendations and increase the passenger number.

“The issues raised are mostly issues of enforcement. Give smaller businesses a chance,” Smith said, adding that he is “not against enforcement.”

“If it is an issue of having to pay more, well, make that an issue. You are favoring one business over another.”

Attorney Ric Keller, representing Boggy Creek Airboat Rides and advocating for no change to the ordinance, said there have been nine “separate violations” recorded by county code enforcement inspectors involving the same small airboat operators who told county commissioners earlier in the meeting that they had not been violating the ordinance.

“Let’s comply with the existing law before amending it,” Keller said.

Ranier Munns, a property owner who also is involved with Boggy Creek Airboats at Wild Florida on Lake Cypress, said it was unfair to allow one business to operate from a public boat ramp with “free rent” while others must pay for that privilege.

 

COMMENTS_LIST_HEADER  

 
#1 GUNNY 2013-05-18 06:52
LAWS,TAXES,POWER,- THE REASON EVERYBODY LEFT KISSIMMEE 120 YEARS AGO. YOU STUPID BOARDS ALWAYS BULLY PEOPLE AROUND WITH YOUR ORDNANCE.
 

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