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Punta Gorda board says city did not prove Lashley Marina dinghy stayed beyond 4‑hour limit
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Summary
The Punta Gorda Code Enforcement Board found the city did not establish that a vessel remained continuously at the Lashley Marina day docks for more than four hours and ordered the appeal fee returned to the respondent.
The Punta Gorda City Code Enforcement Board ruled Jan. 14 that the city did not establish a violation stemming from a citation issued at Lashley Marina. The citation alleged a vessel remained at the day docks beyond the posted four‑hour limit.
Officer Eric Lee testified he observed the vessel around 10 a.m. and again about 2:20 p.m. and issued a citation under Punta Gorda Code chapter 6, §1‑7(b)(3). Lee said he monitored the boat “throughout that 4 hour period” but acknowledged there were gaps in observation and that marina cameras were not working. “I did monitor that boat throughout that 4‑hour period with gaps, and I had probable cause to leave that boat,” he said during testimony.
The respondent, who identified herself as Sandra Walls, pleaded not guilty. Witness Michael Bratton told the board the vessel’s operator texted a shore contact at 1:05 p.m. stating he had returned to shore; Bratton said the citation was placed on the vessel at about 2:24 p.m. He said the pair were at the dock “for an hour and 19 minutes” during that visit. Lynn Harrell, who testified she provided ground transport for the vessel’s operator, also said the operator texted when he arrived at shore and that the group had been at Walmart during part of the alleged window.
Board members questioned the evidentiary gap created by intermittent observation and nonfunctioning cameras. After discussion, a member moved that the city had not established the violation. The motion passed by voice vote; the board ordered any appeal fee paid by the respondent returned.
The board noted Officer Lee has adjusted his procedures going forward to reduce the chance of similar disputes. The hearing record shows the board considered the matter under the civil/code enforcement standard (substantial, competent evidence) and treated the complaint as an enforcement action under Punta Gorda Code chapter 6. The board thanked both parties for attending and closed the case.
