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Commission tables ordinance regulating access to public waterways after debate over property rights and enforceability
Summary
The commission voted 3–2 to table proposed changes to the code that would prohibit accessing public waterways by crossing private or certain city property; staff said the measure targets trespass to reach waterways, not fishing on public water, and will return later with details on signage and distribution policy.
The Tamarac City Commission on June 25 voted 3–2 to table an ordinance that would make it unlawful to access public waterways by crossing private or certain city property without permission.
Deputy City Manager Maxine Calloway told the commission the city cannot regulate fishing in public waterways — that authority rests with the state — and that the proposed ordinance is intended to prevent people from entering private property to reach canals or lakes. “We cannot regulate no fishing in public waterway. It is regulated by the state of Florida. So this piece of legislation attempts to regulate accessing private property to be able to get to a canal or a body of water,” Calloway said.
Why it mattered: Supporters said the change would protect homeowners whose backyards adjoin canals from trespass, noise and safety hazards; opponents said signage and existing no-trespassing affidavits already provide remedies, and they worried about enforcement against people who fish from bridges or public rights-of-way. Commissioner Marlon Bolton noted concerns about food insecurity and people fishing to feed their families and said a no-trespassing sign is often an adequate remedy.
Outcome and next steps: After discussion about signage language, responsibilities for sign distribution and whether the city or residents should pay for signs, the commission tabled the ordinance for additional stakeholder outreach and refinement. The roll-call vote to table carried 3–2 (Vice Mayor Daniel, Commissioner Bolton and Commissioner Patterson voting to table; Mayor Gomez and Commissioner Wright opposed).
Ending: Staff said they will return with a policy on signs (including whether the city will supply or residents will pay for signs), and the commission signaled a desire for further neighborhood engagement before reconsidering the ordinance.
