[travlin-easy]

Apparently, Key Colony Beach can impose regulations contrary to the Florida Supreme Court. I discovered this a few days ago when a friend came to visit in her sailboat.

Within a couple hours of tying up to our dock, a sheriff's deputy was knocking at our door telling us that you can not live aboard, or even sleep overnight, on your boat in Key Colony Beach and the fine is $500 a day. Also, there is a $100 fine for rafting up, even if it's only two boats and one is a marine mechanic fixing something on the other boat.

From what I've read, the Florida Supreme Court ruled against the live aboard restriction rules imposed throughout Florida, but I guess some jurisdictions can just do what they wish and get away with it. Now, I could have misinterpreted the state Supreme Court ruling, and if I did, can someone please post the information again.

All the best,

Gary

 

[RichH]

Did your friend videotape any of this or have witnesses? ;-)

 

[travlin-easy]

No, but they probably have an ordinance against videotaping officers of the law here, too.

Gary

 

[RichH]

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THEN - YouTube / Vimeo etc.

 

[Minnewaska]

That stinks.

I don't follow the FL thing too closely, but I have this feeling that the recent court ruling applied to the debate of anchoring in navigable waters, etc. I wonder if tying to shore is a different matter and more likely within the jurisdiction of the local municipality.

Regardless, the part that's really too bad is that it seems a few bad apples have really spoiled it for the rest. A few bad complaining land owners have spoiled it for those that like to see boats on the water and a few derelict boats have spoiled it for the rest of the boaters.

 

[Ajax_MD]

^^ Pretty much sums it up.

I was born and raised in Florida. I'm so disappointed in how things have changed, and have no intention of moving back, or cruising there in my boat.

 

[JimMcGee]

Apparently, Key Colony Beach can impose regulations contrary to the Florida Supreme Court. I discovered this a few days ago when a friend came to visit in her sailboat.

Within a couple hours of tying up to our dock, a sheriff's deputy was knocking at our door telling us that you can not live aboard, or even sleep overnight, on your boat in Key Colony Beach and the fine is $500 a day. Also, there is a $100 fine for rafting up, even if it's only two boats and one is a marine mechanic fixing something on the other boat.

From what I've read, the Florida Supreme Court ruled against the live aboard restriction rules imposed throughout Florida, but I guess some jurisdictions can just do what they wish and get away with it. Now, I could have misinterpreted the state Supreme Court ruling, and if I did, can someone please post the information again.

All the best,

Gary

Gary,
I've been told by our neighbors in Marathon that Key Colony has a rep for being tough.

I looked up the city code online and it looks like there may be a combination of an overzealous complaining neighbor and an overzealous cop (if he was indeed that abrupt).

Here's the city code:

Sec. 5-20. - Living aboard a vessel defined.
The phrase "to live aboard a vessel" shall be defined as being on the vessel for more than forty-eight (48) hours without establishing habitation elsewhere.​

Section 5-15 does ban liveaboards at residential docks, but it's pretty clear the intent is to prevent long term liveaboards from squatting at docks.

Obviously visiting friends or family have established habitation elsewhere and aren't staying forever. This can be proved by providing a driver's license. And there should not even be a question of a fine during the first 48 hours.

Hopefully a visit to the city office to explain "I have family visiting for a week, they'll be tied to our dock" would get a more reasonable response.

I'd also be curious who the neighbor was who was so quick to call the police.

Here's the link. Hope this helps.

 

[RTB]

Is this something new, Gary? It looks like a pretty exclusive place, with plenty of rules....http://www.keycolonybeach.net/documents/rentalrules.pdf

The rules you mentioned are listed in that link. Not a very friendly place it appears.

Thanks for the heads up. I'll know not to go near there.

Ralph

 

[travlin-easy]

I quickly solved the problem. I moved the ladies into the front bedroom - they're visitors and that boat is no different than a car at this point.

Here's a link to the restrictions and regulations http://www.keycolonybeach.net/documents/rentalrules.pdf

Gary

 

[JonEisberg]

Apparently, Key Colony Beach can impose regulations contrary to the Florida Supreme Court. I discovered this a few days ago when a friend came to visit in her sailboat.

Within a couple hours of tying up to our dock, a sheriff's deputy was knocking at our door telling us that you can not live aboard, or even sleep overnight, on your boat in Key Colony Beach and the fine is $500 a day. Also, there is a $100 fine for rafting up, even if it's only two boats and one is a marine mechanic fixing something on the other boat.

From what I've read, the Florida Supreme Court ruled against the live aboard restriction rules imposed throughout Florida, but I guess some jurisdictions can just do what they wish and get away with it. Now, I could have misinterpreted the state Supreme Court ruling, and if I did, can someone please post the information again.

All the best,

Gary

I'm not familiar with the court ruling or any of that, but I do know that many residential areas in places like Lauderdale and North Palm Beach are either zoned in some way, or have community/neighborhood guidelines or ordinaces, as to prohibit living aboard boats docked at residences...

On numerous occasions, I have either picked up a boat, or left it in such a location at the end of a delivery, where it was made very clear that I would not be allowed to stay aboard overnight...

Or, if I did, I needed to be VERY discreet, and gone before daylight the next morning... ;-)

 

[JimMcGee]

I quickly solved the problem. I moved the ladies into the front bedroom - they're visitors and that boat is no different than a car at this point.

Here's a link to the restrictions and regulations http://www.keycolonybeach.net/documents/rentalrules.pdf

Gary

Gary,
What's interesting is those rules don't match what's in the ordinance

I'm not surprised there are a lot of rules about rentals as Key Colony has a LOT of rentals.

I didn't realize you were back in the Keys. If you own the place I'd be in the city office asking for some clarification.

Jim

 

[Frogwatch]

Ahhhh, the "Land of Opportunity" and I see here a great way to cruise courtesy of jerkoff municipalities and other entities who try to violate state law. First research the law and talk to other boaters to see what municipalities or places like Key Colony are willing to try to infringe your rights to anchor. Then buy a trashed out boat worth almost nothing and go anchor there. Once they arrest you, claim false arrest or if it is watchman from a pvt business claim mental stress pain and suffering or endangering your life or similar, whatever seems most applicable. Sue them. Settle out of court for a huge sum. Repeat.
If they seize the trashed boat, no big deal as your real boat is elsewhere.

 

[JimMcGee]

How about proposing a 10 day exemption for residents who have family and friends visiting by boat that includes a pump out requirement?

That addresses the two major concerns: run down liveaboards and dumping sewage into the canals.

BoatUS may even have a template for this type of regulation.

It's not always a conspiracy, sometimes it's a knee jerk reaction to people who've abused their neighbors.

 

[capta]

I lived and operated boats out of Key Largo, Tavernier and Marathon for many years. Once the individual municipalities broke away from county control, greed replaced ROGO and sensible local management became a thing of the past.
They Keys we all dreamed of visiting and cruising are long gone and they won't ever be back, thanks to the 'got mine' mentality.
I, like some above, will never return to Fla or the Keys as there is just nothing left worth going back for if you knew it when hospitality and friendliness were more important to the residents than greed and elitist rules.

 

[travlin-easy]

Just five miles down the keys, live aboards are welcomed with open arms at Boot Key Harbor and Marathon City Marina.

Jim, I'm just a renter down here - not wealthy enough to be an owner. This place is really expensive to live year round.

Gary

 

[JimMcGee]

Just five miles down the keys, live aboards are welcomed with open arms at Boot Key Harbor and Marathon City Marina.

Jim, I'm just a renter down here - not wealthy enough to be an owner. This place is really expensive to live year round.

Gary

For us Marathon is cheap compared to New Jersey. I ran the numbers and was pleasantly surprised.

Now if you want to see expensive take a ride up to Duck Key!

 

[Ajax_MD]

I quickly solved the problem. I moved the ladies into the front bedroom - they're visitors and that boat is no different than a car at this point.

Here's a link to the restrictions and regulations http://www.keycolonybeach.net/documents/rentalrules.pdf

Gary

LOL...smoooooooooooooooth, Gary.
Gee, I wonder who the "overzealous" neighbor was, that called the cops!:laugher

I kid, I kid.

 

[Don L]

I don't follow the FL thing too closely, but I have this feeling that the recent court ruling applied to the debate of anchoring in navigable waters, etc. I wonder if tying to shore is a different matter and more likely within the jurisdiction of the local municipality.

I think that's a good question and no one has answered. But I bet that is the key here as far the State etc. and once you are tied to a dock you are now under local controls.

 

[JimMcGee]

I think that's a good question and no one has answered. But I bet that is the key here as far the State etc. and once you are tied to a dock you are now under local controls.

Florida Statutes
327.60 Local regulations; limitations
(2) Nothing in this chapter or chapter 328 shall be construed to prevent the adoption of any ordinance or local regulation relating to operation of vessels, except that a county or municipality shall not enact, continue in effect, or enforce any ordinance or local regulation:

(h) That conflicts with any provisions of this chapter or any amendments thereto or rules adopted thereunder.

(3) Nothing in this section shall be construed to prohibit local governmental authorities from the enactment or enforcement of regulations which prohibit or restrict the mooring or anchoring of floating structures or live-aboard vessels within their jurisdictions or of any vessels within the marked boundaries of mooring fields permitted as provided in s. 327.40. However, local governmental authorities are prohibited from regulating the anchoring outside of such mooring fields of vessels other than live-aboard vessels as defined in s. 327.02.​

In other words a local municipality can enact additional regulations. That doesn't mean they're legal or they won't be challenged. Key Colony says a liveaboard vessel is as defined by statute 327 which says:

327.02 (17) Live-aboard vessel means:

(a) Any vessel used solely as a residence and not for navigation;​

Which is at odds with the "rules" the city posted on their web site.

All that said I looked at Marathon and they also have an ordinance against liveaboards in residential neighborhoods. The difference is their ordinance looks to be geared more toward true liveaboards rather than visitors.

I can see their point. Would you want someone parking an RV in their front yard and have their in-laws move in? I'm guessing these laws came about from people abusing their neighbors. But you would hope enforcement would be even handed not heavy handed...

 

[smj]

Just five miles down the keys, live aboards are welcomed with open arms at Boot Key Harbor and Marathon City Marina.

Jim, I'm just a renter down here - not wealthy enough to be an owner. This place is really expensive to live year round.

Gary

That's because Boot Key and the City Marina have a pump out boat. I think you will find that both Key Coronary Beach and Marathon have restrictions against living aboard at docks of private residences because there is no way to dispose of your sewage.