Alachua county Airboat ordinance

Longest running airboat discussion on the internet.
User avatar
smokster
Southern Airboat Member
Posts: 161
Joined: Sat Jul 28, 2007 8:38 pm
Location: Interlachen FL.

Re: Alachua county Airboat ordinance

Post by smokster »

the Alachua County Sheriff said they would not be enforcing the curfew. https://mycbs4.com/news/local/alachua-c ... ZoNiHZ94gk

JustDave
Southern Airboat Member
Posts: 8
Joined: Wed Feb 07, 2018 3:07 pm

Re: Alachua county Airboat ordinance

Post by JustDave »

Thanks for that update on ASO intentions Smokster.

User avatar
kwanjangnihm
Site Supporter - IV
Site Supporter - IV
Posts: 2154
Joined: Sat Mar 30, 2013 8:23 pm
Location: Bartow FL

Re: Alachua county Airboat ordinance

Post by kwanjangnihm »

Guys has there been any changes or updates on this ordinance?
He'll cut your throat, baby, stick you in the back, drive off in your Cadillac.
He's more trouble than you think, he'll kill your sugar, leave you in the drink.

SWAMPHUNTER45
Site Supporter - III
Site Supporter - III
Posts: 3036
Joined: Thu Nov 21, 2013 11:38 am
Location: Naturecoast, Florida

Re: Alachua county Airboat ordinance

Post by SWAMPHUNTER45 »

Smokster what is the status of the appeal by the county?

User avatar
smokster
Southern Airboat Member
Posts: 161
Joined: Sat Jul 28, 2007 8:38 pm
Location: Interlachen FL.

Re: Alachua county Airboat ordinance

Post by smokster »

i talked to my attorney yesterday and he said the judges will be setting a date next month to hear from both sides. he'll let me know when that date is and ill post it here.

SWAMPHUNTER45
Site Supporter - III
Site Supporter - III
Posts: 3036
Joined: Thu Nov 21, 2013 11:38 am
Location: Naturecoast, Florida

Re: Alachua county Airboat ordinance

Post by SWAMPHUNTER45 »

Thanks for the update

User avatar
radtech
Site Supporter - II
Site Supporter - II
Posts: 2339
Joined: Sat Feb 11, 2012 6:48 pm
Location: Bonaire, GA
Contact:

Re: Alachua county Airboat ordinance

Post by radtech »

:wav: Way to go!! :blob7:

User avatar
smokster
Southern Airboat Member
Posts: 161
Joined: Sat Jul 28, 2007 8:38 pm
Location: Interlachen FL.

Re: Alachua county Airboat ordinance

Post by smokster »

on Monday the Appellate court denied the motion to hear oral arguments. my attorney says, "Now, I realize that I had previously said, usually Oral Argument is granted if requested, and that is true. However, I will say many things that used to be regular hearings do not happen in light of COVID 19 restrictions. Additionally, if you recall this was a case where the County and myself probably argued on the record (a record that the Appeals Court has) for an hour or more on the legal issues. That does not always occur.
Overall, I still feel good about our chances because (1) we are before the appeals court as the prevailing party, and (2) the County did not lay a strong evidentiary record at the trial level.".....so i dont think thats a bad thing. just thought i would give the most recent update. it shouldnt be much longer now.

User avatar
Root Pass
Site Supporter - IV
Site Supporter - IV
Posts: 444
Joined: Sat Sep 02, 2006 10:37 pm

Re: Alachua county Airboat ordinance

Post by Root Pass »

Thank you again for the update. It sounds like really great news!
One step ahead of the HOA
:florida:

SWAMPHUNTER45
Site Supporter - III
Site Supporter - III
Posts: 3036
Joined: Thu Nov 21, 2013 11:38 am
Location: Naturecoast, Florida

Re: Alachua county Airboat ordinance

Post by SWAMPHUNTER45 »

Let us hope they affirm the ruling !

Thanks for the update

CJM
Southern Airboat Member
Posts: 24
Joined: Mon Jun 09, 2014 6:38 pm

Re: Alachua county Airboat ordinance

Post by CJM »

Is there anyway people can help?

User avatar
smokster
Southern Airboat Member
Posts: 161
Joined: Sat Jul 28, 2007 8:38 pm
Location: Interlachen FL.

Re: Alachua county Airboat ordinance

Post by smokster »

my attorney just call to tell me the appellate court just confirmed the Alachua county airboat noise ordnance is unconstitutional. we won again. i dont know how to post the ruling, but if someone will send me an email and post it for me, i sure would appreciate it

User avatar
Root Pass
Site Supporter - IV
Site Supporter - IV
Posts: 444
Joined: Sat Sep 02, 2006 10:37 pm

Re: Alachua county Airboat ordinance

Post by Root Pass »

That’s great news! Thank you!!
One step ahead of the HOA
:florida:

User avatar
Slidin Gator
Site Supporter - IV
Site Supporter - IV
Posts: 1011
Joined: Sat Feb 03, 2018 11:33 pm
Location: Jupiter Farms, Florida

Re: Alachua county Airboat ordinance

Post by Slidin Gator »

Here is the Judgement supplied by Smokster.
01-20-AP-02 Order on Appeal.pdf
(244.08 KiB) Downloaded 43 times
Smokster,
I give you props for fighting this to the end, good work man!

The conclusion I see is that any ordinance cannot impose a noise limit less than 90 db at 50 feet (web seems to equate this to a lawnmower). This invalidates any local ordinances that impose a blanket airboat ban (court defines this as a 0 db sound level). I wonder if any local ordinances in the state comply with the language defined?

Just wondering, how much did they charge in court costs to win this judgement? I can't believe they can charge court costs to the winner! They wanted $60 to contest a $30 boat trailer parking fine.

Finally, lot's of good phone apps for measuring sound levels. Take the case off the phone and they are reasonably accurate (just not calibrated/certified), 90 db at 50 ft is not all that draconian.
I still think I-10 is the Mason Dixon line.
2013 Mike Stossel Boats, 13' x 7' deck over, IO-540, 74" NGQ less winglets.

User avatar
smokster
Southern Airboat Member
Posts: 161
Joined: Sat Jul 28, 2007 8:38 pm
Location: Interlachen FL.

Re: Alachua county Airboat ordinance

Post by smokster »

i think the way this works is, they have 30 days to appeal the ruling. i think they have to appeal it to the Florida supreme court. four judges have ruled it unconstitutional( the first judge and then the three appellate judges) so they have an uphill battle. my attorney told me he is ready to go county by county to fight these ordinances. so if any clubs have an ordnance in their county, get with the FAA, they have all the contacts they need, or contact me and ill give you the info. its time for clubs to stand up for our rights and this would boost membership. no one thought i had a chance to win, but we did and i hope it puts some wind in the sail. i really hope the clubs fighting will give my attorney a shot at it. he has done what no one else thought could be done. he told me today that he "loves kicking the governments ass".....i also thanks to the FAA and the USAA for ponying up to pay for the appeal.

Old Yeller
Southern Airboat Member
Posts: 34
Joined: Mon Jul 21, 2008 10:45 am

Re: Alachua county Airboat ordinance

Post by Old Yeller »

Congratulations Smokster, Great Job correcting this one!

Slidin Gator I'll vote for #41/42
41. “Preemption essentially takes a topic or field in which local government might otherwise
establish appropriate local laws and reserves that topic for regulation exclusively by the
legislature
42. “The scope of the preemption should also be limited to the specific area where the
Legislature has expressed their will to be the sole regulator.” (Kind of like USCG does on US Nav Waters)

Maybe the faa could support Mr Jesse Smith, Esq on the constitutionality of Ellie's Law...
:old_glory:

unforgiven11B
Site Supporter - IV
Site Supporter - IV
Posts: 589
Joined: Sat May 26, 2012 9:59 am

Re: Alachua county Airboat ordinance

Post by unforgiven11B »

Outstanding job Smokster!
I left Citrus County Airboat Alliance because they would rather vote to donate money to help a member’s granddaughter start a modeling career, rather than use the club funds to fight things like this. This is exactly why we have the clubs not for popularity or a status. Maybe one day CCAA will pull there head out of their ass.
Last edited by unforgiven11B on Wed Oct 07, 2020 8:36 am, edited 1 time in total.

User avatar
glades cat
Site Supporter - III
Site Supporter - III
Posts: 3051
Joined: Mon Jan 22, 2007 2:36 pm
Location: Miami, Fl

Re: Alachua county Airboat ordinance

Post by glades cat »

Good fight. Outstanding work and perseverance. It's a never-ending battle to keep rights of traditional uses.
"Leave a legacy...Preserve the irreplaceable"
12' x 7' sled built by Scorpion, Cont. O-470-K, 72" Whisper Tip
Rigged by Gladescat & sons in 2009

CJM
Southern Airboat Member
Posts: 24
Joined: Mon Jun 09, 2014 6:38 pm

Re: Alachua county Airboat ordinance

Post by CJM »

I have been enjoying gator season this year thanks to you smokester. Owe you a beer.

User avatar
smokster
Southern Airboat Member
Posts: 161
Joined: Sat Jul 28, 2007 8:38 pm
Location: Interlachen FL.

Re: Alachua county Airboat ordinance

Post by smokster »

Alachua county has decided not to appeal the ruling any further. so we won that battle, but they wont stop there im sure. but right now we have won. its getting time to use this ruling to fight other counties that have similar ordinances. the clubs should be saving money to start fighting back. no better time than now.

Old Yeller
Southern Airboat Member
Posts: 34
Joined: Mon Jul 21, 2008 10:45 am

Re: Alachua county Airboat ordinance

Post by Old Yeller »

:old_glory: Congratulations Smokster!!

It's nice to see you win this one, Great Job Sir

Gladesman06
Southern Airboat Member
Posts: 90
Joined: Tue May 21, 2019 1:45 am

Re: Alachua county Airboat ordinance

Post by Gladesman06 »

On behalf of every airboater and airboaters to come I want to thank you Smokster. You fought one hell of a fight and won. You accomplished what I heard so many clubs say could never be done. I sure hope they follow your lead and get our rights back in every county that has taken them away from us. Thank you again 🇺🇲🇺🇲

User avatar
smokster
Southern Airboat Member
Posts: 161
Joined: Sat Jul 28, 2007 8:38 pm
Location: Interlachen FL.

Re: Alachua county Airboat ordinance

Post by smokster »

thanks guys. if anyone has any questions or need any help, ill do what i can. you can call me @ 904-669-1667. smokey

CJM
Southern Airboat Member
Posts: 24
Joined: Mon Jun 09, 2014 6:38 pm

Re: Alachua county Airboat ordinance

Post by CJM »

It looks like the county is going to scrap their approach of making a noise ordinance and instead they are going to say that airboats are a danger to vegetation, bird rookeries at night and other people using the lake. You can find their newly proposed ordinance here:

https://alachua.legistar.com/Legislatio ... 3B85E0E8ED

What can be done about this? I think the meeting is tomorrow.

unforgiven11B
Site Supporter - IV
Site Supporter - IV
Posts: 589
Joined: Sat May 26, 2012 9:59 am

Re: Alachua county Airboat ordinance

Post by unforgiven11B »

Ban the airboat under those grounds and you ban all watercraft.

Post Reply

Return to “Airboat Talk”