The Wellington Village Council reluctantly approved an ordinance Tuesday, Aug. 12 amending Wellington’s code to remove restrictions on fuel type and address boat speeds and activities in the village’s waterways.
The change is required due to Senate Bill 1388, which was passed into law and signed by the governor in May called the “Watercraft Energy Source Freedom Act,” which prohibits restrictions across the State of Florida based on the energy source used to power watercrafts.
“The proposed amendment addresses the prohibition while maintaining the intent of the chapter to maintain slow speeds and prohibit water sports activities on Wellington’s canals, lakes and water bodies,” Planning, Zoning & Building Director Tim Stillings said.
Village Attorney Laurie Cohen stressed that this change is necessary due to a state preemption of Wellington’s authority to continue to allow electric-powered crafts but not gas-powered ones.
“No one here wants gas motors on Lake Wellington, but that is out of our control, so I suggest that you contact your state representatives and complain to them,” Mayor Michael Napoleone said.
The village’s noise ordinance, along with requirements for no idling and no wake speeds, are designed to limit the problems associated with gas motors on village lakes.
“It is a difficult position for us to be in, but, unfortunately, the legislature no longer allows us to regulate it, and we have to change it,” Cohen said.
About a dozen residents were on hand to oppose the change, but most understood that the council was not in favor of gas-powered boats but were forced to make the change.
Several asked for help lobbying Tallahassee for an exemption and also stepped-up enforcement of the remaining rules.
They also added that gas motors make waves, and waves damage the shoreline.
“Your hands are tied in terms of this bill, but they are not tied in terms of regulation and enforcement, and that’s the biggest issue for us,” said Michael Imber, an attorney and president of the Lakepoint homeowners’ association. “We don’t have a lake constable, and maybe we need one.”
Imber said that he and others will be lobbying Tallahassee to include an exemption for non-navigable, man-made lakes.
Jack Brownson wanted to make sure that jet skis are forbidden, which they are in the ordinance, and asked about having posted no wake and speed limit rules. He also was worried about safety for the rowers at the Florida Rowing Center, which operates on the lake.
“They go backward, and they will not see a boat with a gas motor on that is flying 25, 30 miles per hour,” Brownson said.
Councilman John McGovern asked if part of the lake can be restricted to certain activities, and Cohen said that could be possible, but that would also restrict the existing electric-powered boats.
Councilwoman Maria Antuña asked if there were existing speed and wake signs on the lake, and Village Manager Jim Barnes said there were not because they were not necessary before.
“I expect that we will have to enhance the existing signage that we have,” Barnes agreed.
Some tweaks to the item’s wording may be done before the ordinance comes back for its final reading.
When the council voted unanimously to approved the change, Napoleone said that they were doing it “reluctantly” and urged residents again to contact their state legislators.
