Item #11 Ordinance Regulating Bowfishing
AGENDA ITEM COVER SHEET
Meeting Date: November 18, 2008
Item # I \
Contact Name:
Contact Number:
Steve Goclon
X3021
Reviewed By:
Department Director:
City Manager:
Background Summary':
The City of Ocoee desires to ensure the safety of children and other persons making use of lakes within the city
and has determined that the unregulated practice of bowfishing at those lakes poses a threat to the continuing
safety of those children and other persons in close proximity of the bowfishing activity. An ordinance is
proposed to regulate distances, locations, and types of equipment related to bowfishing.
Issue:
Should the Honorable Mayor and Board of City Commissioners adopt the proposed City ordinance to regulate
bowfishing in lakes within the city?
Recommendations
It is recommended that the Honorable Mayor and Board of City Commissioners adopt the proposed City
ordinance to regulate bowfishing in lakes within the city.
Attachments:
Proposed ordinance (hyperlinked)
Financial Impact:
The ordinance allows for a $1000.00 penalty for violations of the ordinance. As violations could result in
imprisonment, the cases have to be heard by a criminal court judge. Nominal court fees may be assessed to the
City if the violator is found "not guilty."
Type of Item: (please mark with an "x")
Public Hearing
~ Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
Original DocumenUContract Attached for Execution by City Clerk
Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
Paul Rosenthal 11-5-08
N/A
N/A
N/A
City Manager
Ro bert Frank
Commissioners
Gary Hood. District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Joel Keller. District 4
Mayor
S. Scott Vandergrift
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Chief Charles J. Brown
DATE:
November 18,2008
RE:
Ordinance Regulating Bowfishing
ISSUE
Should the Honorable Mayor and Board of City Commissioners adopt the proposed City ordinance to regulate
bowfishing in lakes within the city?
BACKGROUND/DISCUSSION
The City of Ocoee desires to ensure the safety of children and other persons making use of lakes within the city
and has determined that the unregulated practice of bowfishing at those lakes poses a threat to the continuing
safety of those children and other persons in close proximity of the bowfishing activity. An ordinance is
proposed to regulate distances, locations, and types of equipment related to bowfishing.
Bowfishing may only be conductedat lakes within the City between sunrise and sunset, any day of the week.
Bowfishing is prohibited at lakes within the City at all other times. Bowfishing shall only be conducted at a
distance 100 feet or greater from any child, marked swimming or picnic area, dock, pier, or restricted or
residential areas. Any person catching or taking fish by bowfishing shall remove those fish from the lake and
dispose of them in a responsible manner. Any person actively bowfishing shall have in their possession a copy
of the requirements imposed by the ordinance.
The equipment used by a person to propel any arrow used for bowfishing shall be hand-pulled and hand-
released. The use of a crossbow or draw-locking mechanism for bowfishing is hereby prohibited. Any
ammunition used for bowfishing shall be constructed of a solid shaft and equipped with a heavy fishing point.
The use of arrows designed for flight through the air for bowfishing is prohibited. A line or cord having a test-
strength greater than or equal to fifty pounds shall be attached to any arrow used for bowfishing.
The staff of Foley and Lardner has composed this ordinance on behalf of the City. The ordinance allows for a
$1000.00 penalty for violations of the ordinance. As violations could result in imprisonment, the cases have to
be heard by a criminal court judge. Nominal court fees may be assessed to the City if the violator is found "not
guilty."
1
Mavor
S. Scott Vandergrift
City Manager
Robert Frank.
Commissioners
Gary Hood. District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Joel Keller. District 4
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Chief Charles J. Brown
DATE:
November 18, 2008
RE:
Ordinance Regulating Bowfishing
ISSUE
Should the Honorable Mayor and Board of City Commissioners adopt the proposed City ordinance to regulate
bowfishing in lakes within the city?
BACKGROUNDIDISCUSSION
The City of Ocoee desires to ensure the safety of children and other persons making use of lakes within the city
and has determined that the unregulated practice ofbowfishing at those lakes poses a threat to the continuing
safety of those children and other persons in close proximity of the bowfishing activity. An ordinance is
proposed to regulate distances, locations, and types of equipment related to bowfishing.
Bowfishing may only be conducted at lakes within the City between sunrise and sunset, any day of the week.
Bowfishing is prohibited at lakes within the City at all other times. Bowfishing shall only be conducted at a
distance 100 feet or greater from any child, marked swimming or picnic area, dock, pier, or restricted or
residential areas. Any person catching or taking fish by bowfishing shall remove those fish from the lake and
dispose of them in a responsible manner. Any person actively bowfishing shall have in their possession a copy
of the requirements imposed by the ordinance.
The equipment used by a person to propel any arrow used for bowfishing shall be hand-pulled and hand-
released. The use of a crossbow or draw-locking mechanism for bowfishing is hereby prohibited. Any
ammunition used for bowfishing shall be constructed of a solid shaft and equipped with a heavy fishing point.
The use of arrows designed for flight through the air for bowfishing is prohibited. A line or cord having a test-
strength greater than or equal to fifty pounds shall be attached to any arrow used for bowfishing.
The staff of Foley and Lardner has composed this ordinance on behalf of the City. The ordinance allows for a
$1000.00 penalty for violations of the ordinance. As violations could result in imprisonment, the cases have to
be heard by a criminal court judge. Nominal court fees may be assessed to the City if the violator is found "not
guilty."
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
ADOPTING A NEW ARTICLE III CHAPTER 48 OF THE CODE
OF ORDINANCES OF THE CITY OF OCOEE RELATING TO
BOWFISHING PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee, Florida (the "City
Commission") desires to ensure the safety of children and other persons making use of lakes
within the City; and
WHEREAS, the City Commission has determined that the unregulated practice of
bowfishing at lakes within the City poses a threat to the continuing safety of those children and
other persons.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Authority. The City Commission of the City of Ocoee has the authority
to adopt this Ordinance pursuant to Article VIII of the Constitution ofthe State of Florida and
Chapter 166, Florida Statutes.
Section 2. Chapter 48. A new Article III of Chapter 48 of the Code of Ordinances of
the City of Ocoee, Florida is hereby adopted as follows:
See Exhibit "A" attached hereto and by this reference made a part hereof.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 4. Codification. It is the intention of the City Commission of the City that
the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of
the City; and that sections of this Ordinance may be renumbered or relettered and the word
"ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or
phrase in order to accomplish such intentions; and regardless of whether such inclusion in the
Code is accomplished, sections of this Ordinance may be renumbered or relettered and the
correction of typographical errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
ORLA_1056393.4
Section 5. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this _ day of
,2008.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2008
READ FIRST TIME , 2008
READ SECOND TIME AND ADOPTED
, 2008
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of , 2008.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_ 1056393.4
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EXHIBIT A
CHAPTER 48
ARTICLE III - BOWFISHING
Section 48-1. Purpose; applicability.
This Article is enacted for the purpose of providing the necessary regulation of bowfishing at
lakes within the City in the interest of the public health, safety and welfare of the citizens and
residents of the City. This Article shall apply and be in force within the municipal boundaries of
the City.
Section 48-2. 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:
a. Archery. Is the practice of using a bow or crossbow to shoot arrows,
quarrels or bolts.
b. Bowfishing. Is a method of fishing that utilizes archery equipment to
shoot and retrieve fish.
c. Draw-locking mechanism. Is a mechanism designed to allow one to
draw their bow back and lock it in the fully drawn, ready to shoot position.
d. Test-strength. Is the pounds of force required to break a particular type of
fishing line.
Section 48-3. Restriction of bowfishing.
Bowfishing may only be conducted at lakes within the City between sunrise and sunset,
any day ofthe week. Bowfishing is prohibited at lakes within the City at all other times.
Section 48-4. General activity.
The following shall be applicable to any person engaging in bowfishing:
a. Bowfishing shall only be conducted at a distance 100 feet or greater from
any child, marked swimming or picnic area, dock, pier, or restricted or residential areas.
b. Any person catching or taking fish by bowfishing shall remove those fish
from the lake and dispose of them in a responsible manner.
c. Any person actively bowfishing shall have in their possession a copy of
the requirements imposed by this Article.
ORLA_1056393.4
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Section 48-5. Equipment.
a. The equipment used by a person to propel any arrow used for bowfishing
shall be hand-pulled and hand-released. The use of a crossbow or draw-locking
mechanism for bowfishing is hereby prohibited.
b. Any ammunition used for bowfishing shall be constructed of a solid shaft
and equipped with a heavy fishing point. The use of arrows designed for flight through
the air for bowfishing is hereby prohibited.
c. A line or cord having a test-strength greater than or equal to fifty pounds
shall be attached to any arrow used for bowfishing.
Section 48-6. Compliance with existing law.
This Article is complementary to and does not supersede any existing laws or regulations
of the United States or the State of Florida. Any person bowfishing within the City of Ocoee, in
addition to complying with the requirements of this Article, shall also comply with all applicable
state and federal regulations, including, but not limited to restrictions on types of fish that may be
taken by bowfishing, specifications for equipment, or requirements for licensure.
Section 48-7. Penalties for offenses.
Any person violating any provision of this Article shall, upon conviction, be punishable
as provided in S 1-12 of Chapter 1, General Provisions, Article II, of the Code of the City of
Ocoee.
ORLA_1056393.4
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