§ 7-120. Exemptions.

(a)

The following vessels are exempt from the provisions of this article:

(1)

Vessels owned or leased by a governmental entity for the accomplishment of a governmental purpose, or owned or leased by a contractor or subcontractor under agreement with a governmental entity to accomplish a governmental purpose.

(2)

Vessels owned or leased by a public utility operating within Hernando County, or by a contractor or subcontractor under agreement with such public utility, for the installation, maintenance, adjustment, or repair of or to a public utility facility, and

(3)

Vessels owned or leased by a governmental entity which are moored, docked, or otherwise secured in any way to a dock, boat lift, seawall, or other marine improvement or structure that projects from or is attached to residential property in a waterway when such vessels are lawfully in the possession of an authorized agent or employee of the governmental entity.

(4)

Construction barges and dredges utilized for construction activities under way pursuant to a valid permit.

(5)

Vessels docked or moored at a commercial marina or livery lawfully permitted pursuant to the Hernando County Zoning Code.

(6)

Vessels docked or moored adjacent to shoreline of the unincorporated geographic area commonly known as "Aripeka," from the Pasco County line north to a line running east and west at Latitude: 28.4625, which area shall include Indian Bay but shall exclude Dinner Point and all points north of Dinner Point. This exemption is based on the long and substantial history of the Aripeka area as a fishing village.

(7)

Vessels smaller than twenty-six (26) feet in length.

(8)

Vessels upon which emergency repairs are being performed.

(9)

Vessels anchored or moored to provide safe harbor during a storm event or verifiable emergency.

(10)

Nothing in this exemptions subsection specifically or in this article generally shall be deemed to supersede, amend, or impliedly repeal any provision of the Hernando County Zoning Code or other land development regulations.

(b)

Once a vessel is moored within Hernando County, the vessel shall be deemed to have been continuously moored from the time at which it was first docked or moored. The vessel need not have been continuously docked or moored in the same location. It is the express purpose of this section to prohibit evasion of the time limitations contained in this article by relocation from one mooring or docking location to another.

(Ord. No. 2008-01, § 5, 1-15-08)