§ 5-9. Alligator Point Aquatic Preserve and certain other areas; airboats prohibited.

(a)

The use of airboats within certain areas of Franklin County, including the Alligator Point Aquatic Preserve, is a nontraditional use and should be discouraged due to the background noise they create.

(b)

The Cabinet of the State of Florida sitting as the Board of Trustees of the Internal Improvement Fund, adopted on September 23, 1986, a management plan for the Alligator Point Aquatic Preserve which provides that the use of airboats in the preserve should be discouraged.

(c)

Airboat use in other areas of Franklin County generates noise and other problems.

(d)

Apalachicola Bay is designated an estuarine sanctuary.

(e)

The following definitions shall apply to this section:

(1)

Alligator Point Aquatic Preserve. That area of Franklin County designated as such by the State of Florida Board of Trustees of the Internal Improvement Fund by resolution, adopted on October 21, 1969.

(2)

Airboat. A vessel propelled by an airplane-type engine mounted about or above the water line of the vessel.

(f)

It shall be unlawful and shall be a violation of this section for anyone to operate an airboat within the confines of the Alligator Point Aquatic Preserve, or on any of the water of Franklin County, Florida, south of U.S. 98, except as otherwise provided herein.

(g)

The penalty for violation of this section shall be the same as for a misdemeanor of the second degree.

(h)

This section may be enforced by the Franklin County Sheriff's Department or the Division of Marine Patrol of the State of Florida Department of Natural Resources.

(i)

Exceptions: The following are excepted from this section:

(1)

United States, State of Florida, Franklin County Law Officers and U.S. Military personnel in the performance of their official duties.

(2)

Franklin County waters north of U.S. 98.

(3)

Franklin County waters west of the Intercoastal Waterway as it runs south of Apalachicola, and west of a line from the Intercoastal Waterway at its point closest to Bob Sikes Cut.

(Ord. No. 87-7, 11-17-87; Ord. No. 90-A, §§ 1—9, 3-20-89)

Editor's note

Ord. No. 90-1, adopted Mar. 20, 1989, is hereby codified as superseding § 5-9, which pertained to the prohibition of airboats in Franklin County and derived from Ord. No. 87-7, adopted Nov. 17, 1987.