§ 7-1. Water activities in Weeki Wachee Springs and Weeki Wachee River restricted.

(a)

Legislative intent. It is the intent of the board of county commissioners to protect and preserve, for all citizens, the right to enjoy the attractions in the spring and river commonly known as Weeki Wachee Springs and Weeki Wachee River in the county, and to preserve and protect same as a tourist attraction of significant economic benefit to all of the citizens of Hernando County and of the State of Florida.

(b)

Legislative findings. The board of county commissioners makes the specific findings that:

(1)

The health and safety of persons enjoying said attractions, as well as of persons engaged in the activities hereby proscribed, will be threatened by such violations;

(2)

Such violations will interfere, molest, disturb, create a nuisance, and create a hazard for the operation of watercraft in such spring, river, water, creek or run; and

(3)

Except as otherwise hereinafter provided in paragraph (e) below, such violations will disturb, hinder, disrupt and detract from the enjoyment by the general public of the Weeki Wachee Springs and the Buccaneer Bay attractions in the headwaters and upper reaches of said springs and river, and will, thereby, have the potential to cause great economic harm to the county by diminishing or eliminating the value of said attractions to the tourist industry.

(c)

Prohibition of identified water activity. It shall be unlawful for any person to carry on any water activity, swim, dive, skin dive, scuba dive or otherwise dive in the headwaters and spring, or in the waters of any creeks, rivers or runs, within one statute mile down river of the headwaters of any creek, river or run, commonly known as Weeki Wachee Springs or Weeki Wachee River in the county. It shall further be unlawful for any person to operate a boat or other watercraft in said headwaters and spring.

(d)

Definition of "scuba diving." For all purposes hereof, "scuba diving" shall be defined as swimming underwater with any apparatus, whether self-contained or connected to a distant source of air or other gas, whereby a person wholly or partially submerged in water is enabled to obtain or reuse air or any other gas or gases for breathing without returning to the surface of the water.

(e)

Exceptions:

(1)

Nothing in this section shall be construed to prohibit or make unlawful the activity of performers engaged in: a professional exhibition or performance in said waters, or rehearsing to participate in same; the production, photographing or recording of motion picture and television materials so long as such activity is reasonably calculated and projected to result in a product for public exhibition in motion picture theaters, broadcast television or other public media; or the maintenance of boats, aquatoria and sets.

(2)

Nothing in this section shall be construed to prohibit or make unlawful water activity, swimming or nondiving in the area which has been set aside or designated in said waters for such purposes by the operators of the Weeki Wachee Springs and the Buccaneer Bay attractions.

(f)

Violations. Any person found guilty of violating the provisions of this section shall be subject to punishment as prescribed by section 1-8 of this Code; provided, however, that signs shall be posted upon such river, water, creek or run, at the distance from the headwaters as specified in paragraph (c) of this section.

(Ord. No. 79-5, Pt. II, § 5, 5-15-79; Ord. No. 86-16, §§ 1—6, 7-29-86)