A
Anonymous
Guest
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
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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
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