Osceola County DRAFT ordinance 06-50

[Anonymous]

A few words that need to be worked on. Who’s going to lead this effort? Any leadership anywhere?

1) Airboat noise
2) An airboat made the noise? Just one? How many complaints? Where?

This is all blatant BS. The county commission should be picketed by sportsmen! How about the next "ride" be around the Osceola County Courthouse? Local media has been friendly to our issues and would report the story. This could be an opportunity to turn this view around. With most of the Kissimmee chain in Osceola county, should this be a priority?

How about a Proclamation from the County for the airboaters who served in New Orleans and received recognition from the U.S. Congress, the Governor & Cabinet and a few of Florida's counties (mail the Commisioneers a copy of each) rather than this bashing language? How about a proclamation for the lake clean ups on the Kissimmee chain (by airboaters) that keeps the headwaters of the everglades pristine for all the citizens? How about a proclamation for the recent efforts of airboaters to help our troops overseas?

I was working on these county proclamations this spring until I had to deal with useless attacks from one of our "fellow activists" concerning the Florida Wildlife Federation (who did not support our Bill and returned the FAA's membership check because we’re no longer FWF material. All writing on the wall if you had a brain). Who wants to get these things done?

PW


******************************************************
Draft: Subject to change ORDINANCE #06-50

AN ORDINANCE OF THE OSCEOLA COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING OSCEOLA COUNTY CODE OF ORDINANCES CHAPTER 9, ARTICLE IV, (ENVIRONMENTAL CONTROL); PROVIDING FOR THE REGULATION OF (1)AIRBOAT NOISE ON THE WATERS OF UNINCORPORATED OSCEOLA COUNTY; PROVIDING FOR EXEMPTION; PROVIDING FOR SEVERABILITY: PROVIDING FOR INCLUSION INTO THE CODE; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Board of County Commissioners is the governing body in and for Osceola County, a political subdivision of the State of Florida; and,

WHEREAS, the Legislature recently enacted Florida Statutes, Section 327.391, effective July 1, 2006, which requires that all airboats operated on the waters of this state shall be equipped with a muffling device capable of muffling the sound of the exhaust of the engine; and,

WHEREAS, the Board of County Commissioners of Osceola County finds persons living near certain bodies of water in unincorporated Osceola County have been subjected to unnecessary noise levels from operation of (2)an airboat on that body of water; and,
WHEREAS, the public interest will be served by enactment of the ordinance regulating airboat operation on bodies of water in unincorporated Osceola County.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OSCEOLA COUNTY, FLORIDA, THIS 18th DAY OF DECEMBER 2006 AS FOLLOWS:

SECTION 1. RECITALS.
That the following are true and correct and incorporated herein by reference.

SECTION 2. CHAPTER 9, ARTICLE IV, SECTION 9-117 ADDED.
Chapter 9, Article IV, Section 9-117 of the Osceola County Code of Ordinances is added to read:

Sec. 9-117. Airboats regulated.
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:

“Airboat� means a vessel that is primarily designed for use in shallow waters and powered by an internal combustion engine with an airplane-type propeller mounted above the stern and used to push air across a set of rudders.

“Muffler� means an automotive-style sound-suppression device or system designed to effectively abate the sound of exhaust gases emitted from an internal combustion engine and prevent excessive sound when installed on such an engine.

The exhaust of every internal combustion engine used on any airboat operated on the bodies of water located in unincorporated Osceola County shall be provided with an automotive-style factory muffler, underwater exhaust, or other manufactured device capable of adequately muffling the sound of the exhaust of the engine as described in Sec. 9-117(a). The use of cutouts or flex pipe as the sole source of muffling is prohibited, except as provided in Sec. 9-116(a)(3). Any person who violates this subsection commits a noncriminal infraction punishable as provided infra.

An airboat operator cited for an infraction of subsection (b) may not operate the airboat until a muffler as defined in Sec. 9-117(a) is installed.

This section does not apply to a person that has been granted a noise variance under Sec. 9-109.

SECTION 3. ENFORCEMENT.
The Code Enforcement Board shall have jurisdiction to hear and decide violations of this Article. Any person who violates any of the provisions of this Ordinance, shall upon Code Enforcement action, be punished as provided in the Osceola County Code of Ordinances, Chapter 7 and any Amendment thereof. The jurisdiction of the Code Enforcement Board shall not be exclusive. Any alleged violation of any of the provisions of this Article may be pursued by appropriate remedy, whether by injunctive, declaratory, or other civil or criminal sanction, at the option of the County, including but not limited to imprisonment in the County jail for a term not exceeding sixty (60) days. The provisions of this Ordinance may also be enforced by the Sheriff, Deputy Sheriffs, and any other authorized enforcement officer.

SECTION 4. SUPPLEMENTAL ENFORCEMENT; CIVIL PENALTY.
This Ordinance may be enforced pursuant to the supplemental procedures contained in Chapter 7 of the Osceola County Code of Ordinances. The civil penalty for a violation of this Ordinance shall be a $250.00 per violation.

SECTION 5. SEVERABILITY.
If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances.

SECTION 6. INCLUSION INTO THE CODE.
The provisions of this Ordinance shall be included and incorporated within the Code of Ordinances of Osceola County, Florida, and may be renumbered or re-lettered to accommodate such inclusion.

SECTION 7. CONFLICT.
Any ordinance or part of any ordinance, in conflict herewith is hereby repealed to the extent of any conflict.

SECTION 8. EFFECTIVE DATE.
The Clerk shall file a certified copy of this Ordinance with the Department of State within ten (10) days of its adoption. This Ordinance shall become effective immediately upon its adoption by the Board of County Commissioners.

PASSED AND ADOPTED by the Board of County Commissioners of Osceola County, at its regular meeting this 18th day of December, 2006.


BOARD OF COUNTY COMMISSIONERS
OSCEOLA COUNTY, FLORIDA

By: ________________________________
(SEAL) Chairman/Vice Chairman


ATTEST:
OSCEOLA COUNTY CLERK OF THE BOARD

By: ______________________________
Clerk/Deputy Clerk of the Board

 

[basketcase0302]

Gatorstick,

It's good to see you haven't laid down your guns :wink:

$250.00 or no morre than 60 days in jail for a curfew violation? Yeah we all better get onboard for this one! Wasn't the last airboat parade around Sheriff Olrich's courthouse(spelling). I seem to remember that worked pretty well for the media coverage.

I'm with Gatorstick on this one ya'll though it would be hard to organize the parade during a workday. Somebody please pick the day and let's make it happen otherwise no more Kissimme after 10 pm :roll:

Basketcase

 

[blackpowderscout]

Now I'm confused...maybe it's becasue I don't have a brain.....

I didn't see anything in there about regulating hours of operation....I understand that since this is a draft that could change but all I see is basically a heavy handed approach to enforcing the state law that the FAA and it's past president wanted!!!???? Please explain why we should run circles around the courthouse again. I thought you were all for coming down hard on those "renegades" and "outlaws" who wouldn't conform.

Now, what about the non-discrimination thing you worked so hard for last year. Will that help us here at all??

I will be at the meeting on the 22nd and I hope every one else will be too but it won't be to protest mufflers, it'll be to try help stop any further regulations like on hours of operation.

Adam

 

[blackpowderscout]

I do agree with Phil on the fact that more good things should come from the commission regarding some of the things we do as a community.

Adam

 

[SwampMatt]

Adam, somewhere (I think in the original newspaper article) it mentioned that this was was being worded so that it allowed them to add a curfew at a future date. It gave me the vibe that the whole point of the law was to add to it further.

I'll take our ratty old boat to any meeting 24/7.

I'm also confused about some of the issues you speak, Adam, the state law (our law?) being their guide, the supermajority and so on... but there is no point for ANYONE (Phil or Adam) to cry over spilled milk. This is what's here and what we have to deal with now.

And the courthouse in Kissimmee is only about 500 feet from the shore of Lake Toho. It's ALMOST close enough to go there by boat from anywhere on the whole chain. Kind of sad irony that this decision about the Kissimmee Chain is being made so close to the water. So often these decisions are made MILES away from the water.

matt.

 

[Daddy Dave]

The immediate issue before us is proposed Osceola County official discrimination against airboats. Osceola County has singled out airboats in seeming direct defiance of state law.

Then Atty. General / Now Governor Elect Charlie Crist warned Sumpter County Commissioners against such action and they backed off as a result.

This thread author was NOT in that Sumpter County meeting - but was in the attached parking lot prepping for a gator hunt.

SFWMD and Kissimmee Chain issue LEADER - Danny Brantley was at and in that meeting and argued passionately and effectively against airboat discrimination.

All Florida airboaters should seriously consider standing solidly behind organized and peaceful Florida Airboat Association efforts aimed at thwarting Osceola County airboat discrimination on January 22.

Some of us have airboat activities scheduled for that morning in the area ...so, the only way to participate in that particular due process will be to have our properly muffled airboats there.

 

[SwampMatt]

All Florida airboaters should seriously consider standing solidly behind organized and peaceful Florida Airboat Association efforts aimed at thwarting Osceola County airboat discrimination on January 22.

Some of us have airboat activities scheduled for that morning in the area ...so, the only way to participate in that particular due process will be to have our properly muffled airboats there.

I do plan on taking that day off and holding it open for this. I urge all others to take a day off to get this done. Let's show them that just because they are doing this while the working people of the world are being productive does not mean they can pull crap like this over on us!!!

So I'm able to take my boat there. I may take it out from the adjacent ramp afterwards for some fishing or something.

I'm confused by all the other statements about someone in the parking lot - I can't tell if it's a jab or a pat on the back for staying and guarding the boats from vandalism. (I would imagine the situation prone to vandalism and good to have someone on guard)

We're gonna need a time to be there, and exact driving directions. Don't forget we have a private area online we can get organized in front of less eyes.

I'm willing to help in this if you guys appoint me a task! I'm not that far from the courthouse - easy drive from downtown Orlando. I can do recon visit if need be.

I'd suggest a rally point nearby, or getting there before the place opens and parking in an empty parking lot. There are some large shopping districts within a 3/4 mile, or I'm a member of a church with a sizeable parking lot about 2 blocks from the courthouse (my little sister got married there). They may allow us to use their parking lot as a rally point.

We've got the date, we need the time and location. I'm all for peaceful and organized!

A lot is hanging in the balance on this one. C'mon AIRBOATERS!!! Get onboard!!!



matt.

 

[cntry141iq]

It is not in defiance of state law to discriminate against airboats. It does not require a super majority, simply a 2/3 majority to pass an ordinance that singles out airboats.

FAA asked for laws that only apply to airboats and now it appears there are going to be plenty of them. A true non-discrimination law would have been written to not allow the singling out of any type of watercraft. If that would have been the case support might have been forthcoming from other vessel owners but such was not the case.

WEll at least we still have okeechobee and the everglades.

 

[fatboy0054]

Wanted to keep this up top ! (WHAT TIME ! ) Will be there with mine ! Yall someone or something stop this and postpone it ! Gives us time to prepare ! So lets go! Dont whine later , if you cant find the time ! I am sure it will be worth your effort ! Show of peaceful force !Lets help out the boys that help us ! This is our way of life ! If they get this hang on to your butt its coming to your town next ! (Already) here where I live ! :brave:This still go back to bad behavior and non compliant of the ones that just dont care ! If we dont police our way of life ! They will ! Just plain fact ! :?(Just a thought) I would agree on a inspection sticker and a 100 dollars more on my boat sticker ! Just to leave me alone ! Or a permit for my airboat ! Just think of the revenue that would create ! :shock:

 

[Daddy Dave]

There was just printed a feature / photo story in the 12 / 17 Tampa Tribune about a cattle drive through Osceola County to preserve a piece of traditional Osceola County's /Florida's culture and history.

Airboats have been a part of Osceola's history for many more decades than the Mouse has been.

In support of KRVSA's innitiative, Osceola County's (and many others, too) airboaters have cleaned dozens of tons of trash and debris from Osceola County public waterways. KRVSA President Danny Brantley singlehandedly stopped a quiet plan to use Osceola County's wetlands as a dumping ground for vast amounts of sludge. KRVSA sued on behlaf of Osceola's (all Florida's) citizens to protect the rights of the public to access and utilized public waterways in Osceola County.

All of this without ANY participation in or recognition by Osceola County's elected officials.

No Participation By or Recognition From Any of Osceola County's Elected Representatives

It's time we stood up and demanded recognition for OUR contributions. And, it's time we stood up against any form of motor vessel discrimination.

One Two Two
A day's wages is a very small investment - is it worth that sacrifice?

 

[Capt Jeff]

Gentlemen,

Even though this ordinace clearly disriminates against airboaters, I think we need to look @ several issues within the bill.

1) The main enforcement body of this ordinance is Code Enforcement. These are the same guys that warn you of your grass being to tall & cars parked in your yards.

Even though OCSO also has the authority to enforce, my expirience after (23) twenty-three years in law enforcement is that it is nothing more than a "code violation" to be enforced by Code Enforcement.


2) No time restrictions are placed within the draft.


3) The wording mimics in part the state statute in regards to mufflers. What I don't see if a decibal level.

4) I have spoken with several OCSO deputies so see below:


This is a "feel good" measure by the Ocseola County Commision to quell several loud mouth Yankees living along the lakes.

Comply by putting mufflers on your boats!!!

In my opinion, I think it would be foolish on our part to take any other action other than thanking the OCC in writing in helping our "outlaw airboat community" in complying with the state muffler law.

Bottom line, they could have really attempted to screw us & they didn't.

 

[blackpowderscout]

4) I have spoken with several OCSO deputies so see below:

Hah....they are real fond of us too!!!! The ag deputies are way worse than the FWC when it comes to airboats around Kissimmee.

Bottom line, they could have really attempted to screw us & they didn't.

No, not they didn't....it's they HAVEN'T...YET.


Adam

 

[Waterthunder]

So who is now leading our charge state wide? Along with this issue?

 

[plumcrazy]

correct me if im wrong but osceola had a muffler law for years that they didnt enforce very often .i put em on 4or5 yrs ago just for that reason sounds like there just upgrading to the faa cave in for flags

 

[basketcase0302]

Hey ya'll,

Now why didn't I think of that......

3) The wording mimics in part the state statute in regards to mufflers. What I don't see if a decibal level.

I'm sure that "Joe Airboater" really want a decibel number to conform to :wink:

Reasoning like that will always keep Joe Airboater out of our ranks and leave us all in a mess!!!

Basketcase

 

[SwampMatt]

This is a "feel good" measure by the Ocseola County Commision to quell several loud mouth Yankees living along the lakes.

I understand your point Jeff, but I do not want to risk my or my children's future right to go where we go and do what we currently do - JUST TO APPEASE SOME COMPLAINER SO THEY CAN "FEEL GOOD".

It's time we stood up and demanded recognition for OUR contributions. And, it's time we stood up against any form of motor vessel discrimination.

You're right BigD. I know I've sometimes felt like a media whore or camera hog about this stuff, but we've GOT to make the most of our efforts or we are throwing away something valuable. It's not about having a big head or showboating. It's about preserving this sport.

matt.

 

[Olf Art]

That's the point exactly, Mood.

If the anti's have a right to publicly criticise us, then we have an equal right to show the other side of an issue and publicly defend ourselves.
That's not 'grand standing' at all, and if we don't do it, who will ?

olf

 

[SwampMatt]

Feel good. What does that mean anyway? Does that mean if someone comes along and they would "feel good" if airboaters had a curfew that the county commissioners should bow to their favor?

Because that's what they are asking, and if we give them an inch, you KNOW they'll take a mile.

I'm grateful to the Osceola county commission alright. I'm grateful that they came out and told us that this "language they want to tweak" is language that will open a door for a curfew on the kissimmee chain!!!

No!

What say you?

Say it:
Jan 4 (Thursday) at the KRVSA meeting, Jan 22 (Monday) at the Osceola County Commission meeting.

matt.

 

[basketcase0302]

I believe the ordinance has changed from this original version. But the importance of people being there has not!

Basketcase