§ 5-14. Jet skis, personal watercraft, motorboats.

(a)

It shall be unlawful for any person while on the city beach to launch, carry, or convey to the Atlantic Ocean adjoining the city beach a jet ski, personal watercraft, or motorboat.

(b)

It shall be unlawful for any person to land, carry, or convey upon the city beach from the Atlantic Ocean adjoining the city beach a jet ski, personal watercraft or motorboat.

(c)

The chief of police is authorized to print or cause to be printed "personal watercraft citations" which shall contain blank spaces to describe at least the following:

(1)

Name of person alleged to have violated this section.

(2)

Description of the jet ski, personal watercraft, or motorboat.

(3)

Date, time and place of alleged violation.

(4)

Witnesses, if any.

(5)

Name of police officer charging the violation.

(6)

The date, time and location of the scheduled judicial hearing on the offense charged.

(d)

The citation will also contain the procedure for the person to follow in order to pay the penalty or to contest the citation, and the amount of the penalty for violation of this section.

(e)

A person shall be charged with violation of this section by citation.

(f)

A person cited for violation of this section shall sign and accept the citation indicating his receipt of a copy of the citation.

(g)

Any person found guilty of violating this section by the county court shall be subject to the penalty provided under section 1-9 of the St. Augustine Beach Code.

(h)

Any person who willfully refuses to sign and accept a citation shall be guilty of a misdemeanor punishable by confinement not to exceed ten (10) days in the county jail or a fine not to exceed five hundred dollars ($500.00) or both such fine and imprisonment.

(i)

Any person charged with violation of this section may:

(1)

Pay a penalty of twenty-five dollars ($25.00) either by mail or in person within ten (10) days of the date of receiving the citation; or

(2)

Appear at the scheduled judicial hearing to contest the citation in county court.

If the person cited follows paragraph (1) above, he shall be deemed to have admitted the violation and to have waived his right to a hearing on the issue of violation of this section and the amount paid shall be deemed payment of the penalty in full.

(j)

The city manager shall post or cause to be posted appropriate signage to notify all persons of the conduct prohibited by this section.

(k)

Jet skis, personal watercraft or motorboats owned by the city, county, or other governmental entity when used for law enforcement, rescue, or other governmental purposes shall be exempt from the provisions of this section.

(l)

Nothing contained herein shall prevent the use of motorboats in connection with land-based commercial and recreational fishing activities as required to be permitted under F.S. § 370.1103.

(Ord. No. 90-7, § 2, 4-2-90)