It's clear the Melbourne again wants to severely limit the ability of folks to
anchor it "their" waters, but they are still running up against the same state laws.
From the City memorandum:
This memorandum is intended to address the numerous complaints and comments of citizens owning land adjacent to the Eau Gallie Harbor regarding
live-aboard, derelict, and abandoned vessels in the harbor. As further explained herein, the 2017 amendments to Chapter 327 of the
Florida Statutes clarified what the legislature intends by the phrase “live-aboard vessel.”
City of Melbourne cannot place a time limit for
anchoring any boat, except for live-board vessels and
commercial vessels.
While the City previously had an ordinance that limited
anchoring of ALL vessels to 72 hours, that ordinance had to be repealed because the
Florida Legislature made it illegal for counties and municipalities to regulate the anchoring of ALL vessels in 2006.
However, the 2006 Legislature expressly provided that counties and municipalities could regulate the anchoring of
live-aboard vessels and floating structures. Because the City’s old ordinance regulated the anchoring of ALL vessels, it was repealed.
Possible legislative fixes proposed in this City meeting:
(i) If the definition of “live-aboard vessels” in §327.02(22), Fla. Stat., is modified as set forth above to capture occupied vessels capable of navigating but anchored or moored without navigating for
10 consecutive days, then the City’s
current prohibition of live-aboard vessels in Sec. 14-35 would effectively place a 9-day time limit for anchoring occupied vessels in the waters of the City. On the 10th day of anchoring, the vessel becomes a prohibited “live-aboard vessel” in violation of the Code and subject to enforcement as an ordinance violation.
(ii) Modify §327.4108 to add and include the Eau Gallie River Basin or any other particular waterbody in the City that could qualify as an anchoring limitation area. This may require evidence demonstrating that the subject area(s) is/are in densely populated urban areas which have narrow state waterways, residential
docking facilities and significant recreational
boating traffic.
(iii) Adopt a new state law that establishes a set-back, within which anchoring is limited, from private property along the shoreline of waters of the State. Currently, there is no such restriction on State waters, and boaters are allowed to anchor in State waters where it is convenient and inexpensive, with no restrictions whatsoever on the length of time to anchor.
FL laws on the matter (as of 2016):
http://www.boatus.com/Assets/www.boa...info-sheet.pdf