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Dan Nickens - Aug 18,2013   Viewers  | Reply
    Be careful in Palm Beach (or do what I do and just boycott the haughty, stuffy place completely). Mark Futch, operator of a Maule on floats, got fined $400 for departing on a navigable waterway after stopping at a city park. He is appealing the fine.<br /><br />Mark is a true professional (pilot/fishing guide) and gentleman. A fictional character based upon Mark appears in the novel 'Night Moves' by Randy Wayne White.      Attachments:  

Mark''s Site
Mark''s Site


News Report of Appeal Filed
News Report of Appeal Filed


       Attachments:  

Palm Beach Daily News Report
Palm Beach Daily News Report


    
  
Kenneth Leonard - Aug 18,2013   Viewers  | Reply
    Ritzy places like this (and Kiawah Island, SC) don't care about legalities, it's simply a matter of making it unpleasant for anyone they decide doesn't fit their image.     
  
Dave Lima - Aug 19,2013   Viewers  | Reply
    I'm beginning to learn that here in Boca Raton. I bought a golf cart and a new riding mower yesterday and they made me take the trailer to a holding station as soon as I dropped them off at the house, then I was ***allowed*** to leave with the trailer later in the day.<br />And.....we went to the *The Breakers* hotel in West Palm Beach on Thursday and Friday, there I saw all the BS from all the snitty staff that worked there.<br />Who knew you couldn't walk around with a bottle of champagne with just your underwear on! (You'd think Toni would know better, but these women just don't listen)     
  
Eric Batterman - Aug 19,2013   Viewers  | Reply
    Dave, you need some plastic flamingos on the lawn. 'They' will be there in seconds. Could be a new game guessing the response time.     
  
Dave Lima - Aug 19,2013   Viewers  | Reply
    Ha! Toni had two of her Brazilian girlfriends over yesterday for a dip in the pool with their thongs on, the security was outstanding around the house!     
  
Eric Batterman - Aug 19,2013   Viewers  | Reply
    I think we need proof of this violation     
  
Russ Garner - Aug 19,2013   Viewers  | Reply
    Jim Ploucha, went through the same thing and lost big time with the City of Vero Beach after they said he departed from the intercostal waterway with his Searey while he was in the cities boundaries. I remember him calling me and telling me he was going to fight it by hiring a lawyer. The cities boundary ended on one side of a bridge. Jim parked his Searey next to that bridge at a bar/restaurant that he also had his yacht moored at. He would taxi up the intercostal a ways and turn to depart under this bridge. This time he was off the water just before he crossed over the boundary and a patrol boat had been watching him and caught him. Vero Beach sent him a notice by mail telling him he was in violation of this unknown ordinance and to appear or make arrangement to pay them I think $400. Instead Jim hired a local lawyer who told Jim he thought Jim had a case. Jim lost the appeal and it wound up costing him around $2500 by the time he paid off his lawyer and the find.     
  
Bruce McGregor - Aug 20,2013   Viewers  | Reply
    How is one supposed to know? <P>First, I am unable to find a list of Florida municipalities that forbid seaplane ops within their corporate limits. The Seaplane Pilots Association Water Landing Directory speaks only to specific lakes or in generalities. <P>Second, even if one is aware of such an anti-seaplane ordinance, how does one determine that city's limits. I can not find an official map of Palm Beach's boundaries. Google Maps misleads by showing its boundary at the edge of the Intercoastal Waterway, not in the middle. The City's website has no map although it does contain the Municipal Code. With some digging I found the prohibition against ops in Lake Worth (the local name for that part of the Intercoastal). <P>Third, I am under the impression that Florida state law permits seaplane ops on "navigable waterways." Surely the Intercoastal fits that term! Doesn't state law trump local?<!-- >'"><br><font color=red size=6>' or &gt; missing in user HTML. Please fix the HTML.</font> -->     
  
Dan Nickens - Aug 20,2013   Viewers  | Reply
    It does, Bruce.<br /><br />But Florida law allows for municipalities to prohibit seaplanes within their boundaries for 'health and safety' purposes. FS 330.36 (2): 'Upon adoption of zoning requirements in compliance with subsection (1), a municipality may prohibit or otherwise regulate, for specified public health and safety purposes, the landing of seaplanes in and upon any public waters of the state which are located within the limits or jurisdiction of, or bordering on, the municipality.'<br /><br />This law was enacted after a central Florida town lost its case in court because the judge found that prohibiting seaplanes while allow motorboats was 'arbitrary and capricious.'<br /><br />Here's another question: does state law trump federal law? Lake Worth is part of the federally maintained intercoastal waterway. Can municipalities or states prohibit use of the federal waterway? Like maybe Howey-in-the-Hills doesn't want barges carrying propane to float past the town, so they are prohibited. It's a health and safety thing. Proof: the propane plant across the lake did blow up! It's just a hypothetical, though. I don't see the barge companies objecting to avoiding Howey.     
  
Paulo Constantino - Aug 20,2013   Viewers  | Reply
    Is there data that supports their stand <br />on public safety? How about data on <br />boat or jet ski incident, accidents. I <br />bet they can't back up their stand <br />against seaplane operations if they <br />were to compare. Unfortunately when <br />people let their local governments do <br />as they please, they'll do as they <br />please. I'd like to sea a parade of <br />seaplanes along 'their' waterway. <br />     
  
Russ Garner - Aug 20,2013   Viewers  | Reply
    Paulo, I think the way they got Jim Ploucha was with the water way speed limit which was 25 mph. They watch him when he started his take off run and they my have had a radar gun on him.     
  
Bruce McGregor - Aug 21,2013   Viewers  | Reply
    What about the other side of Palm Beach, i.e. the Atlantic Ocean? Does the municipal jurisdiction end at the high tide mark or some distance offshore? If the former, we could land in the water and beach with impunity. <P>This thread raises another question: Is a seaplane taxiing a seaplane or a boat under various codes and regulations? Could Mark Futch have taxied beyond the Palm Beach part of Lake Worth and then taken off legally?<!-- >'"><br><font color=red size=6>' or &gt; missing in user HTML. Please fix the HTML.</font> -->     
  
Russ Garner - Aug 21,2013   Viewers  | Reply
    Bruce, there was a big discussion on STS during his ordeal. I suggest we move this over there.      Attachments:  

Seaplane waterway rights
Seaplane waterway rights


    
  
Frank A. Carr - Aug 21,2013   Viewers  | Reply
    I wonder how this thread would look in an ICON advertisement <br />to the masses?     
  
Frank A. Carr - Aug 21,2013   Viewers  | Reply
    What is the definition of "public waters"? Is it waters that belong to the public? Or is it waters that do not belong to the public but belong to municipalities?<!-- >'"><br><font color=red size=6>' or &gt; missing in user HTML. Please fix the HTML.</font> -->     
  
Bob Kerrigan - Aug 21,2013   Viewers  | Reply
    ....Curious to know what the Seaplane Pilots Association has to say about this.....     

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