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Ordinance 009-2008 . '. ORDINANCE NO. 009- 2008 AN ORDINANCE MODIFYING CHAPTER 5.5, ARTICLE III, MONROE COUNTY CODE CONCERNING W ATER- BORNE-CRAFT, ESTABLISHING NO DISCHARGE ZONE REGULATIONS FOR WATER-BORNE CRAFT, PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County is home to North America's only coral barrier reef, among the most endangered coral reefs in the world due to multiple stressors including pollution from sewage and stormwater that has caused a decline in water quality; and WHEREAS, the reduction of water quality in Monroe County is caused in part by the discharge of untreated or poorly treated sewage from vessels within Monroe County; and WHEREAS, these waters are of such value that the State of Florida has designated them as Outstanding Florida Waters and Congress has designated them as part of the Florida Keys National Marine Sanctuary; and WHEREAS, through the efforts of the Governor and the U.S. Environmental Protection Agency, state waters within the boundaries of the Florida Keys National Marine Sanctuary were established as a No Discharge Zone for boater sewage effective June 19,2002, as published in the Federal Register at 67 FR 35735 on May 21, 2002; and WHEREAS, the No Discharge Zone applies to untreated or treated sewage from marine sanitation d(:vices but does not apply to gray water from showers or sinks, only sewage; and WHEREAS, in order to comply with the No Discharge Zone, vessels should close their through hull fittings and utilize pump-out facilities; and WHEREAS, compliance with the Florida Keys No Discharge Zone within Monroe County will be enhanced by the passage of an ordinance establishing that water-borne craft comply with current U.S. Coast Guard regulations and the federal No Discharge Zone regulations; and WHEREAS, passage of such an ordinance will help improve water quality by providing for an enforceable mechanism within Monroe County to implement the No Discharge Zone, and encourage the use of certified pump out facilities by water-borne craft; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, Section 1. Chapter 5.5, Article III shall be amended by adding the following sections. Sec. 5.5-49. No Discharge Zone Regulations. (1) It shall be unlawful for any person to discharge treated or untreated sewage into the jurisdictional waters of a No Discharge Zone from any water-borne craft, whether moored, docked, in transit, or otherwise located within these waters. (2) When operating a water-borne craft within the jurisdictional waters of the No Discharge Zone the operator must secure any marine sanitation device in a manner which prevents any discharge. Some acceptable methods are: padlocking overboard discharge valves in the closed position, using non-releasable wire tie to hold overboard discharge valves in the closed position, closing overboard discharge valves and removing the handle, locking the door, with padlock or keylock, to the space enclosing the toilets (for Type I and Type II Marine Sanitation Devices only). (3) Type I and II Marine Sanitation Devices, composting toilets, electrical, or gas waste burning toilets or similar devices are allowed, in lieu of a Type III Marine Sanitation Device, so long as the residual waste product produced by such devices is not deposited into state waters. (4) If a water-borne craft, as defined herein, is not equipped with a marine sanitation device capable of retaining sewage for pump-out, and the craft remains in the No Discharge Zone for twenty-four (24) consecutive hours, then the owner or operator shall: (i) Immediately install a marine sanitation device with a holding tank that complies with Chapter 327.53 Florida Statutes; or (ii) Berth the water-borne craft, when not in use in navigation, at a marina that has either a pump-out facility to which the water-borne craft can establish a dockside sewage disposal hookup or land based restroom facilities which are available for use by the occupants of the water-borne craft. Sec. 5.5-50 Violations. Violations of this ordinance may be prosecuted in the same manner as misdemeanors are prosecuted. In such cases, the violations shall be prosecuted in the name of the state in a court having jurisdiction over misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine not to exceed $500.00 for each day of violation or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. Violations may also be prosecuted through proceedings before the Monroe County Code Enforcement Special Magistrate, or through any other lawfully available means including civil and injunctive relief. ., , Section 2. Severability. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 3. Repeal of Inconsistent Provisions. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 4. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the COlmty of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system ofthe Code. Section 5. Effective date. This Ordinance shall be filed with the Office of the Secretary of State of the State of Florida, and will take effect upon receipt by that agency. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on the 20th day of February , A.D., 2008. '" .ct N ld .. '-' _J - " ,"- :...- '..: Lj x: , .' C~ "'" , . Mayor Charles "Sonny" McCoy Mayor Pro Tern Mario DiGennaro Commissioner George Neugent Commissioner Dixie Spehar Commissioner Sylvia Murphy Yes Yes Yes Yes Yes 1'_'_: ....0.:;"::'::::) -:3" .......)l.....) I o..j. c..) " ::..:: Q:::; ~- -I W ":"" cr: ~~uo '-, ~...ot: "" '-'~~",;o:(. :z ! :::-;';;:'__,""" ",:)/1#.",-,"-:>.,0.. ~>:"r, '. --~,t!'.::T" 'Y;o~,.. .., ..,.,...., ,. ;/ \., - -~\ '" ./~.'%.~.. .~/~l;; ............ ,.,v": ,,~" ) i :"f"'!f \-\",{JI'" :::,' >;- \,. ";C i .~." '"i ". ' ,-." \ \ >.. ":,''"''\} ,-'t ~;",.':"f<~'~.~".c:..,.", .:'-~."}:;.~~~~NNY L. KOLHAGE, CLERK \~'".~'.) lf~'~/ t{ ~ 'c, ":.,-,.-' ,<c..>,,:" .,,' <'/'.a _ '<BY:>,' ~ L-V...... . ..... .' EPUTY CLERK BOARD OF COUNTY COMMISSIONERS ::NROECO~ORIDA MAYO CHAIR PERSON f :~TroRN~ I o.-'! I _ E~.. ~;:~t?~., BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHW A Y PLANT A TION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 FAX (305) 295-3663 CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk-of-the-court.com ROTH BUILDING 50 HIGH POINT ROAD PLANT A TION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853-7440 March 4, 2008 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 700725600001 61070211 Dear Ms. Cloud, Enclosed is a certified copy of Ordinance 009-2008 modifYing Chapter 5.5, Article III, Monroe County Code concerning water-borne-craft, establishing No Discharge Zone Regulations for waterborne craft, providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on February 20, 2008. Please file for record. Should you have any questions please feel free to contact me at (305) 295-3130. Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Via E-Mail to the following: Growth Management County Attorney BOCC MCC File 7007 2560 0001 6107 0211 l:): ern: :?::o&": QI ~; C.a; ~ 5l:0:I:t>.: -0 Cti; ~1.:l: 0 .....!~ib ~ ~:o"., '""lCD ""':0 )> 3 .8'" ~i(J) a, :; Siim 00:0... - (P en:l:::::: sp en (J).........- -. CD i::r;- OJ <DilD Ell-< - :.., c: 11:0 ::.: 016 ~ -.::c p @co cp W:::r : : en i ~_: I\l'""l : c..J <D : u:j<D i (Q -: d . I\) gj v-, m:u Om g.!l ~2 3m .~ 00 -m :0:0 .< ~m c"' ~';r S. ~i " :;::D g~ 3~ 1~ f;' :IJ~ ~ f'Q ~ ~f l; ~ ~ w 0<1. ~-: ::!;:; "0 iig ~ ~ ~...oo •ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ElAgent • Print your name and address on the reverse 0 Addresse so that we can return the card to you. B. Receive •t ..,•r�nteafpe)3T.„T to of Deliver • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery a. �•i t fry,'-m 1? 0 Yes 1. Article Addressed to: If YES,ente • -ry ddr=4113.,.w: ❑No Program Administrator CLEARED Administrative Code and Weekly R.A. Gray Building 500 South Bronough Street 3. SiceType , Florida 32399-0250 Certified Mail IA Express Mail Tallahassee, o Registered 0 Return Receipt for Merchandis ❑ Insured Mail ❑C.O.D. ly'u .A�ttA� o u g 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number — — (Transfer from service label) 7007 2560 0001 6107 0 211 ?S Form 3811.February 2004 i ; ' 'Domestic Return Receipt 102595-02-M-15, CHARLIE CRIST Governor ~!!<i WI! ~ . ~LORlDA DEPARTMENT of STAT~ STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State March 6, 2008 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated March 4, 2008 and certified copy of Monroe County Ordinance No. 009-2008, which was filed in this office on March 6, 2008. Sincerely, ~~ LC/srd ...., ::t: = '-,1 0 c;o .... z: ?,;: "'" ::E ;0 (J ~~:: ,.. CJ .....: rr,SM< :::0 ."' , (""). 0 "'") C) c-'"J " ;1; ::- -, ::J:: :'.-) ~1 C") c-; r- III 0 )> Liz Cloud Program Administrator DIRECTOR'S OFFICE R.A. Gray Building. 500 South Bronough Street. Tallahassee, lFlorida 32399-0250 850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.n.us COMMUNITY DEVELOPMENT 850.245.6600 . FAX: 850.245.6643 8T A TE LffiRARY OF FLORIDA 850.245.6600 . FAX: 850.245.6744 5T A TE ARCHIVES OF FLORIDA 850.245.6700 . FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE 850.488.2812 . FAX: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 ADMINlSTRA TIVE CODE AND WEEKLY 850.245.6270 . FAX: 850.245.6282 Page 1 of2 Pam Hancock From: To: Sent: Subject: <no-reply@municode.com> <phancock@monroe-clerk.com> Thursday, March 06, 2008 10:07 AM Acknowledgment of material received This is a computer generated email, please do not reply to this message. Municipal Code Corporation P.O. Box 2235 1700 Capital Circle Sw. (32310) Tallahassee, FL 32316-2235 850.576.3171 Fax: 850.575.8852 infQ@J.T1l1ni,G.QQ~,GQm Monroe County, FL Code of Ordinances - 1979(11270) Supplement 96 Recorded: 2/5/2008 10:58:03 AM We have received the foilowing material through Hard Copy/Electronic. Document Adoption Ordinance No. 004-2008 1/16/2008 Ordinance No. 005-2008 1/16/2008 Ordinance No. 006-2008 1/16/2008 Ordinance No. 007-2008 1/16/2008 Ordinance No. 009-2008 2/20/2008 ***CliGkhere. to see the full list of recorded ordinances for the next supplement.*** Or point your browsers at: http://www.municode.com/disposition/disiist.asp?jobid=82034 If you are sending the ordinances in electronic form and printed form, we assume the electronic version of the ordinances reflects the ordinances as adopted. We do not proofread against the printed version of the ordinance if the printed copy is submitted. Please contact us if you have questions. . Update the internet version of your Code more oft~n. W~ can up.date th~ Internet quarter y, monthly, even weeKly. For additlonallntormation emall . vJ~~iiW~6~~~~&cTy enacted ordinances in the online Code after each meeting. E-mail usformoreinformationatinfq@muniGO.de:GOm. : W~~]~~n~~?r:~~a~~ISi~~%;l;ig5*~~f~g~s~~;i~it~~iii~~~~~:~~~ or scanning services. Contact us tor more Information at . ~f~i~;~~fyg~a~gCJrH{R,~~~i~ib~~~~ invoice and statement printing and . R[~;j~S~~t:ro~~O{~ ~~~~~t~~u~~~~t~:c~~~~~Mc-sy.~ns:~gs1furl1to learn more about automatl[1g your contr~ct management processes. M.CCi . Ever need to search In several online Codes for a sample ordinance? Try our 3/6/2008 O o® 7 _��� KEY�(DWEST STATE OF FLORIDA ,, , ITIZEN `' I 'I COUNTY OF MONROE The Florida Keys Only Daily Newspaper,Est 1876 Cooke Communications,LLC Florida Keys Before the undersigned authority personally appeared Randy G. Erickson,who Marsha F. Kirkwood on oath says that he is Vice-President of Advertising Operations of the Key West Advertising Coordinator Citizen,a daily newspaper published in Key West,in Monroe County, Florida; that the attach d copy of advertise ent,being a legal notice in the matter of PO Box 1800 -�r r Key West Fl 33041 1 /YI �L�[ t LDS Off ice....305-292-7777 Extension x219 ///7Z"'' .7 ).4...; ri.e,d....segiAizt40.e._12 Fax 305-295-8025 lecialsla'akevsnews,com was published in said newspaper in the issue(s) of INTERNET PUBLISHING 2- '7 Q4� keywest.com p�� d� • keysnews.com floridakeys.com key-west.com Affiant further says that the Key West Citizen is a newspaper published in Key Web Design Services West, in said Monroe County, Florida and that the said newspaper has heretofore NEWSPAPERS been continuously published in said Monroe County, Florida every day, and has The Citizen Southernmost Flyer been entered as second-class mail matter at the post office in Key West, in said Solares Hill Big Pine Free Press Monroe County, Florida, for a period of 1 year next preceding the first Marathon Free Press publication of the attached copy of advertisement; and affiant further says that he Islamorada Freee Press Key Largo Free Press has neither paid nor promised any person, firm or corporation any discount, Ocean Reef Press Seaport Log rebate, commission or refund for the purpose of securing this advertisement for MAGAZINE publication in the said newspaper. The Menu •4 1 Home Guidedip Citizen Local's Guide Paradise Keys IV Channel Guide mg. —/�� MARKETING SERVICES Signature of Affiant Commercial Printing Citizen Locals Card Direct Mail Sworn and subscribed before me this day of , 2008. FLORIDA KEYS OFFICES Printing/Main Facility 3420 Northside Drive Key West, 33 040-1 80 0L Notary Public: Tel 305-292-7777 Fax 305-294-0768 citizen@keywestcom Marsha F. Kirkwood z TCD _ c Internet Division 1201 White Street(Suite 103) �' -,'1 , Key West,FL t"n r't'I r•/ 33040-3328 f`I •-- Ci.1 z-•� Tel 305-292-1880 Fax 305-294-1699 E pires: September 15, 2009 :: ..o.c�r— Nary Seal sales@keywest.com . • Cf�--- 7-0 ^t� 1•i Middle Keys Office y � '- z.:�.e !<� { -i IvtARSHA F.KIRKWOOD —t - EA 6363 Overseas Hwy C) Marathon,FL (MM 52.5) ='f'` NOta Public-State of Florida ' 33050-3342 E \l, ry Cr Tel 305-743-8766 1_• : `:`i' •_My Commission Expires Sep 15,2009 • p_, "i N• t !!,e Fax 305-743-9977 .;` ,, Commission#DD 472620 navigator@floridakeys.com -? ';< Bonded By National Notary Assn. Upper Keys Office Lam` `` 81549 Old Hwy PO Box 469 Islamorada,FL(MM81.5) 33036-0469 ' Tel 305-664-2266 Fax 305-664-8411 Personally Known x Produced Identification freepress @floridakeys.com Ocean Reef Office Type of Identification Produced 3A Barracuda Lane Key Largo,FL 33037 Tel 305-367-4911 Fax 305-367-2191 PUBLIC NOTICE NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE ' NOTICE IS HEREBY, GIVEN TO WHOM IT MAY CONCERN that on Wednesday, February 20, 2008 at..'. 3:00 PM at the-Key Largo Library, ',101485 Overseas Highway, Monroe County, Florida,the Board of County Commissioners of Monroe County, ,Florida, intends to consider the adoption of the following County ordinance: • AN ORDINANCE MODIFYING CHAPTER 5.5,ARTICLE III, • MONROE COUNTY CODE CONCERNING • • WATER-BORNE-CRAFT, • ESTABLISHING NO DISCHARGE ZONE REGULATIONS FOR WATER-BORNE-CRAFT, • • PROVIDING PENALTIES FOR VIOLATIONS;PROVIDING FOR' '. REPEAL OF ALL ORDINANCES' INCONSISTENT'HEREWITH; PROVIDING FOR • INCORPORATION INTO THE MONROE COUNTY CODE OF 'ORDINANCES;AND PROVIDING FOR'AN EFFECTIVE DATE. ' Pursuant to Section,286.0105, ' • Florida Statutes, notice is given that if a person decided to appeal any decision made by the•Board with respect to'any matter.considered at ,such hearings or meetings, he will need'a record of the proceedings, • and that, for such purpose, he may ' need to ensure that a verbatim record of the proceedings-.is made, . i which record includes the testimony ' and evidence upon which the appeal • is to be based. • Copy of the above-referenced • ordinance is available'for review at 'tlie Monroe County Marine, . Resources office iri Marathon, also • on the ' website www.monroecounty-fl.gov. ' • Dated at,Marathon, :Florida, this , 30TH day of JANUARY;2008. = ' , DANNY L.KOLHAGE, Clerk of the Circuit Court and I i ex officio Clerk of the ' • .Board ofCounty Commissioners of Monroe. County,Florida • • - February 2.20.08 ' , \' • , •