Accused Of Taking Off From Within Palm Beach City Limits ... No Proof Offered

Florida seaplane operator Mark Futch recently was fined $400 for doing what he's done for more than 20 years ... picking up a passenger and departing from the Intracoastal Waterway (ICW) near the town of Palm Beach, FL. Futch was fined despite the fact that no one can say definitively whether he broke the law.

Futch established his seaplane business in Palm Beach, FL, in 1987. On the flight in question, he picked up a passenger and their baggage, taxied to the channel of the ICW, and departed, as he had many times before.

But this time, according to a report from the Palm Beach Daily News, he was observed taxiing to the channel by Lead Code Enforcement Officer Rob Walton, though the official said he did not actually observe the takeoff. A gardener at an estate said he did see the takeoff, but could not say with certainty that it had occurred within the city limits. The city claims the waterway to the channel markers, but there are no "city limit" signs posted in the ICW.

Futch also admitted that he didn't know if he was inside the city limits.

So, after an hour of debate and arguments from lawyers on both sides, the board levied a fine of $250 and tacked on $150 in "administrative costs." Board member Alan Golboro said after the vote that it is not up to the board to determine where the city limit is located. "This survey shows our town line goes to mid-channel and the channel is within our corporate limits," he told the paper.

Futch argued through his attorney in a motion to dismiss that he had operated in federal navigable waters, and federal law treats a seaplane as any other boat once it is on the water.

FMI: www.palmbeach.govoffice.com