Attorney says Naples boat speed law repealed when city cleaned books in 2006

NAPLES - A lawyer argues in a new court brief that the city of Naples' bid to keep slow-speed zones on Naples Bay faces another hurdle.

Earlier this summer, Collier County Judge Michael Provost ruled that the city doesn't have a valid speed zone law on the books, dismissing tickets two charter boat captains got when they purposely sped through the zone to tee up the case. The city is appealing Provost's decision.

Speed zone opponents contend the city was left without a speed zone law when the city couldn't get the required permits to mark new speed zones the city approved in 2004, City officials contend a 1994 speed zone law still is enforceable on the bay.

Naples attorney Donald Day, representing the charter boat captains, argues in a brief filed Oct. 29 that a 2006 law that cleaned up the city's books repealed the 1994 law.

Councilman Doug Finlay, among three council members who voted against the appeal, said Friday the 2006 repeal was a surprise to him and blamed city attorneys for what he considers an oversight.

"I would probably say I'm a little less confident" of the city's chances to win the appeal, he said.

Finlay, before he was a councilman, was one of the petitioners in a successful legal challenge to state permits to mark new slow-speed zones on Naples Bay in 2004.

Speed zone opponents contend the 2004 law repealed the earlier speed-zone law, but the city argues that the 1994 law was revived because the 2004 zones never went into effect.

In his brief, Day writes that it is "perplexing" that the city is arguing the 1994 law is in effect despite the "clear intent" to repeal it in 2006.

Day also writes that the city's appeal is "mysteriously silent" on Provost's finding that no signs are posted to identify the speed zones if a boater were coming into the bay from Marco Island. That alone is enough to invalidate the city's speed zones, Day argues.

Attorneys for the city of Naples have asked for more time to file a response.

City Attorney Bob Pritt referred questions to another attorney, Chris Donovan, in Pritt's office. Donovan couldn't be reached for comment.

City Manager Bill Moss, while acknowledging he's not a lawyer, said his experience with city codes tells him that the recodification argument is "pretty weak."

"I don't think that argument holds any water," Moss said.