Marco Island Anchoring law struck down

[thataway]

I just recieved this E mail form Claiborne Young. The Marco Island anti anchor law has been struck down by a local judge. This has importance for more than just the local Florida community. It is a complex story--but go to the link:

From:

Claiborne S. Young
CruisingWriter@CruisersNet.net
http://www.CruisersNet.net


"Hello Fellow Cruisers:

We have just received word of an EXTREMELY IMPORTANT LEGAL RULING WHICH WILL AFFECT ALL CRUISERS WHO ANCHOR, OR PLAN TO ANCHOR, ON FLORIDIAN WATERS!!!!! As you can see from the headlines above, Collier County Judge Rob Crown, has struck down the much discussed Marco Island local anchorage regulations!

We have just posted a full story about this IMPORTANT news on the special "Marco Island Mess" page of the Salty Southeast Cruisers' Net. I urge ALL CRUISERS ON THIS ALERT LIST to check out this story without delay,. And, PLEASE help us get the word out about this story to other members of the cruising community who are not members of this Alert List. Those of you who are members of MTOA, SSCA, the AGLCA and the GL (Great Loop) mailing lists, please reproduce this e-mail on your lists. Members of yacht clubs and US Power Squadrons will also want to get this important word out to their members. And, before someone asks, this story is a bit too lengthy to simply include in this e-mail. That's why everyone is being referred to the Salty Southeast Cruisers' Net.

So, to read about this great victory for the entire cruising community, go without delay to
http://www.CruisersNet.net.
Peruse the navigational buttons along the left side of the page, and find the "Cruising News From" section. Click on the "Marco Island Mess" link/button and you're off and running!"

Regards,

 

[journey on]

That's good news. When we went through Florida, the southern west coast (Naples, Marko, etc,) was not friendly to cruisers. They had their place and they didn't want anybody else there. Glad to see that we are one USA.

this will probably be appealed, but the first step is in the right direction.

Boris

 

[thataway]

It may be appealed, but the town didn't want to pay for the attorney to try the case, when the DA's office refused to do it.

The local anchoring law was contrary to Florida State law, so the chance of the town winning an appeal is unlikely. Also Allen Richard, Assistant General Counsel for the Florida Fish and Wildlife Conservation Commission. who had crafted the wording of the state legislation was a witness for the defendant (the boater who was arrested for violating the anchroing ordinance).

The bigger risk is that if Marco Island, Stuart, Ft. Lauderdale and Maimi, etc get to the legislators to change state law. The newspaper article stated that some city council members were going to have a closed session with their local legislators--but if they do this, it could be a violation of Floridia's Sunshine law--which is even a bigger bag of worms, than any anchoring ordinance--and might end up with council members in some real hot water!

 

[Papillon]

Naples and Marco Island have both become anti-boating in the last few years. It all comes down to the property owners on the bays that don’t want their window on the world (which they think they have bought and paid for) stained with the presents of boats at anchor….with the low life scum of the earth that would sleep on a boat overnight (Boater Homers) and speed up the bays (that’s Naples pet peeve at the moment) washing out their sea walls with huge wakes ( the kind the 40 footer’s produce….and are owned by their neighbors), so they want to make the entire bay a slow zone/no wake zone.

I live here and I agree that the image is not Boater Friendly but I hope that does not keep our fellow C-Brats from cruising our waters. I can assure you that the welcome mat is out at my dock and all who pass this way are welcome.

 

[JamesTXSD]

This is good news. Anchoring is a part of navigation, and as such should not be "illegal." While the Marco Island situation got a lot of press, there are some places in Florida that have tried to put a "12 hour limit" on anchoring. Hopefully this ruling will make other communities reconsider the legality of their local anchoring limitations.

Both sides have valid points. As boaters we want the right to move about freely on the water. Homeowners have legitimate concerns beyond someone in their view - boats that sit an anchor (and never move) are likely to be dumping their sewage overboard. If you own a home not on the water, you would have concerns about people "camping" endlessly in the city park across the street.

When cruising in that area, we were told by other cruisers via the net to not use the term "live-aboard" but rather "long term cruisers" and "just passing through". It's an emotionally charged issue... especially for those with homes on the water and those who travel on the water. At what point does "anchoring" become "squatting"?

Best wishes,
Jim B.

 

[Papillon]

Jim Said

At what point does "anchoring" become "squatting"? .

When you see the USPS boat....showing up every day but holidays....would be a clue.