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Capt. Neal®
 
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"Doug Dotson" dougdotson@NOSPAMcablespeedNOSPAMcom wrote in message ...
The same thing was tried at North Lake Worth a few years
back. Turns out that enforcing such a law is generally in violation
of maritime law. Boat US and a bunch of boater/lawyers pitched
in a got it shot down. I suspect that this situation will be resolved
in much the same manner.


You are correct. In order for a violation to be valid there has to be
proof that a vessel was there *continuously* for 72 or more hours.
All one needs do is claim to have gone sailing and moved (even it if is
only a boatlength or two) and re-anchored and have a couple witnesses
testify to it. Unless the authorities can prove that a vessel did not move
(running a video tape 24/3) then you're not guilty. Remember, one is
innocent until proven guilty and the proving of guilt is very difficult,
if not impossible.

That's what shot down the anchoring ordinances in West Palm.

CN



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Doug Dotson
 
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"Capt. Neal®" wrote in message
...

"Doug Dotson" dougdotson@NOSPAMcablespeedNOSPAMcom wrote in message
...
The same thing was tried at North Lake Worth a few years
back. Turns out that enforcing such a law is generally in violation
of maritime law. Boat US and a bunch of boater/lawyers pitched
in a got it shot down. I suspect that this situation will be resolved
in much the same manner.


You are correct. In order for a violation to be valid there has to be
proof that a vessel was there *continuously* for 72 or more hours.
All one needs do is claim to have gone sailing and moved (even it if is
only a boatlength or two) and re-anchored and have a couple witnesses
testify to it. Unless the authorities can prove that a vessel did not move
(running a video tape 24/3) then you're not guilty. Remember, one is
innocent until proven guilty and the proving of guilt is very difficult,
if not impossible.

That's what shot down the anchoring ordinances in West Palm.


That's not how it was explained to me. The deal in West Palm was
that the community did not own the water and had no jurisdiction
on its use, period. Nothing to do with being not able to reliable enforce
any 72 hour limit.

CN





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