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  #1  
Old 06-26-2009
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Question Daytona Beach,Fl. - Anchoring restriction

As anyone who visit's this forum may already know- I prefer to anchor my Vessel. I have done so , successfully for the years I have owned her and hope to continue to do so. As I enjoy anchoring as opposed to a dock and it is quite convenient for me.
I do not reside on my vessel as a liveaboard. I have a home and a legal address (although I wouldn't mind living on the boat, and may move aboard in the future) . As such I am not a liveaboard.
On the 6/18th I recieved a "courtesy Notice" from the city of Daytona Beach, Fl . Informing me that I was in Violation of City Ordinance 106-183 and that the notice "signifies the beginning of the removal process of the vessel by city ordinance 106-184 (impoundment of vessels) by the City of Daytona Beach Florida. here is a link to the City Ordinance;

http://library8.municode.com:80/defa...infobase=10234

As I read through the ordinance I noticed that "Vessels engaged in Navigation " were exempted from this ordinance.
Also I must say that I believe I am engaged in Navigation and am exempt and further the State Statute 327.60 also backs up my right to anchor.
I contacted the Officer who issued the notice to inform him I intend to move, he said fine.
I then asked if the anchorage I had previously used for the previous year and a half (which is also in the city) was OK , to which he said yes, that was the area the city was "allowing" to be used as an anchorage.
I said OK and agreed to move in the next few days as weather would permit.
I think we've been down this road before and some folks are just not getting the message. As I understand the law, I have every right to anchor where I am for as long as I see fit to do so, as long as My "intent" is not to permenantly anchor their for perpetuity.
I am in contact w/ a Maritime law firm familiar with these issues and have forwarded the ordinance information and am in the process of forwarding the rest of the paperwork pertaining to the situation as well. and will anxiously await there take on it.
I thought it was a wives tale previoulsly when I heard of this thing happening here in Daytona and attributed it to just the law enforcements way of moving along the derelicts and the other unwashed !
So, I take my plight to the court of public opinion here on sailnet.
What say you fellow sailors?
Do I fight like a salmon or run like a scared cat?
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  #2  
Old 06-26-2009
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Fight it... IIRC, the state has recently passed some legislation clearly defining what constitutes a liveaboard boat... which you should probably check on.
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Old 06-26-2009
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Quote:
Originally Posted by sailingdog View Post
Fight it... IIRC, the state has recently passed some legislation clearly defining what constitutes a liveaboard boat... which you should probably check on.
That was the question that came up in my mind. If you're cruising, you will anchor somewhere for some period of time, whether you have a land-based address or not. Do municipalities have a limit on how long you can remain anchored in one place? Do you become a 'liveaboard' when your home address is a PO Box? What are the rules?
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Sailingdog-
Thank you for your response , I am aware of the recent revisions as well as the 1996 rulings and state statutes pertaining to anchoring (namely fl statute327.6) as well as there definition of a liveaboard.
However this goes beyond anchoring by liveaboards and addresses ALL vessels anchoring for any cumulative time exceeding 120 hours in any 30 day period !
As I said I thought this was already addressed apparently Daytona didn't get the memo ??
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You can report illegal enforcement on this website.
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Sailingdog- Thanks I went to the site and filled out a complaint. I also called the gentleman listed and spoke w/ him directly.
I'm very tempted to stay anchored where I am and "be a Salmon" as my dad used to say. To "buck" the system a bit and see just how much of a stir I can create. As, I have a bit of time on my hands and jave finished all of the contract work (I do canvas and boat repair) that I have and was actually hoping to head out of town to haul for a bottom job and other scheduled maint. issues.
Maybe I'll stay and be a thorn ! I haven't decided yet. We'll see what all the lawers have to say. And if there letters (providing they wright any) have any force or influence. It is appearing that I may not be able to afford much justice.
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Old 06-27-2009
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Quote:
Originally Posted by joethecobbler View Post
Sailingdog- Thanks I went to the site and filled out a complaint. I also called the gentleman listed and spoke w/ him directly.
I'm very tempted to stay anchored where I am and "be a Salmon" as my dad used to say. To "buck" the system a bit and see just how much of a stir I can create. As, I have a bit of time on my hands and jave finished all of the contract work (I do canvas and boat repair) that I have and was actually hoping to head out of town to haul for a bottom job and other scheduled maint. issues.
Maybe I'll stay and be a thorn ! I haven't decided yet. We'll see what all the lawers have to say. And if there letters (providing they wright any) have any force or influence. It is appearing that I may not be able to afford much justice.
Uh - if you were conducting business from your boat, then *I BELIEVE* you dont qualify for the protections offered by the recent laws. Anchoring law only applies if you're truly in transit.
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Quote:
Originally Posted by joethecobbler View Post
As anyone who visit's this forum may already know- I prefer to anchor my Vessel. I have done so , successfully for the years I have owned her and hope to continue to do so. As I enjoy anchoring as opposed to a dock and it is quite convenient for me.
I do not reside on my vessel as a liveaboard. I have a home and a legal address (although I wouldn't mind living on the boat, and may move aboard in the future) . As such I am not a liveaboard.
On the 6/18th I recieved a "courtesy Notice" from the city of Daytona Beach, Fl . Informing me that I was in Violation of City Ordinance 106-183 and that the notice "signifies the beginning of the removal process of the vessel by city ordinance 106-184 (impoundment of vessels) by the City of Daytona Beach Florida. here is a link to the City Ordinance;

http://library8.municode.com:80/defa...infobase=10234

As I read through the ordinance I noticed that "Vessels engaged in Navigation " were exempted from this ordinance.
Also I must say that I believe I am engaged in Navigation and am exempt and further the State Statute 327.60 also backs up my right to anchor.
I contacted the Officer who issued the notice to inform him I intend to move, he said fine.
I then asked if the anchorage I had previously used for the previous year and a half (which is also in the city) was OK , to which he said yes, that was the area the city was "allowing" to be used as an anchorage.
I said OK and agreed to move in the next few days as weather would permit.
I think we've been down this road before and some folks are just not getting the message. As I understand the law, I have every right to anchor where I am for as long as I see fit to do so, as long as My "intent" is not to permenantly anchor their for perpetuity.
I am in contact w/ a Maritime law firm familiar with these issues and have forwarded the ordinance information and am in the process of forwarding the rest of the paperwork pertaining to the situation as well. and will anxiously await there take on it.
I thought it was a wives tale previoulsly when I heard of this thing happening here in Daytona and attributed it to just the law enforcements way of moving along the derelicts and the other unwashed !
So, I take my plight to the court of public opinion here on sailnet.
What say you fellow sailors?
Do I fight like a salmon or run like a scared cat?
So in other words you live in one place. Semi-permanently anchor your vessel so you can sail locally and don't consider that moored? I like your world.

A vessel in navigation [in my world not legally] is a vessel that is moving between locations and a cruiser in my world is someone who is cruising [actively moving between locations]. You are in my opinion, when we were cruising full time the boats we loved to hate, as you took the best anchoring spots [as a local even though they are not designated as mooring fields (which are limited by law)] and permanently claimed them thus severely limiting the choices cruisers actively moving had to choose from. The only reason you are not moored is that you don't have a mooring installed.

And for the guy who asked in Florida there was recent legislation that defined what a liveaboard is legally. And just to be clear I don't think 'joe' fits that definition as I read it. My gripe is something else.

Just for the record I don't care about where you are anchored as I could get not my boat into Daytona anyway due to bridge height restrictions.
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Sounds like you already fought and won. You dealt with the issue, are you now going to stay to invoke a fight? For a moral victory? I think you've taken the necessary action and succeeded. Be content with success and move on.
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Quote:
Originally Posted by joethecobbler View Post
I prefer to anchor my Vessel. I have done so , successfully for the years I have owned her and hope to continue to do so. As I enjoy anchoring as opposed to a dock and it is quite convenient for me.
So, in short, you're anchoring when another person might moor or slip?

Quote:
Originally Posted by joethecobbler View Post
I do not reside on my vessel as a liveaboard. I have a home and a legal address ...
Are you actually currently living in said home, at said address, or are you actually currently staying on your boat?

Quote:
Originally Posted by joethecobbler View Post
As I read through the ordinance I noticed that "Vessels engaged in Navigation " were exempted from this ordinance.
Also I must say that I believe I am engaged in Navigation and am exempt ...
I guess that would depend on how "engaged in Navigation" is defined. My guess would be that the definition would include verbiage to the effect that the vessel actively be "en route" from one place to another.

Quote:
Originally Posted by joethecobbler View Post
However [the Daytona ordinance] goes beyond anchoring by liveaboards and addresses ALL vessels anchoring for any cumulative time exceeding 120 hours in any 30 day period !
I guess they figure anybody truly "engaged in Navigation" (i.e.: "en route from one place to another") wouldn't be anchored in one spot for more than five days out of the month.

So are you actually "en route," or merely anchoring there as a more convenient and/or less expensive alternative to a mooring or a slip? (Somehow I suspect the latter.)

Jim
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