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Item O12M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting May 17, 2017 Agenda Item Number: 0.12 Agenda Item Summary #2956 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Peter Morris (305) 289 -2584 N/A AGENDA ITEM WORDING: Permission to advertise an Ordinance amending Monroe County Code Chapter 26 ( "Waterways ") to add Article VI. ( "Floating Signs "), to prohibit off - premises marine signage. ITEM BACKGROUND: Monroe County has identified that it has become an increasingly common practice for owners of vessels and floating structures to mount off - premises marine signage on their vessels and floating structures, and leave them over County waters displayed towards and within clear visibility of the Overseas Highway. These off - premises marine signs present a distracting safety hazard to drivers and pedestrians on the Overseas Highway, visually pollute areas surrounding the Overseas Highway, and the County has received complaints from concerned residents to these effects. Prohibiting these signs will promote the public health, safety, and welfare of visitors to and residents of the County. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval to advertise the proposed ordinance. DOCUMENTATION: Floating Sign Ordinance (stamped and signed 5/2/17) FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Mayte Santamaria Completed 04/28/2017 5:43 PM Christine Hurley Completed 05/02/2017 11:24 AM Peter Morris Completed 05/02/2017 12:19 PM Bob Shillinger Completed 05/02/2017 2:27 PM Kathy Peters Completed 05/02/2017 3:13 PM Board of County Commissioners Pending 05/17/2017 9:00 AM 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ORDINANCE NO. -2017 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING CHAPTER 26 ( "WATERWAYS ") OF THE MONROE COUNTY CODE OF ORDINANCES TO CREATE ARTICLE VI. ( "FLOATING SIGNS "); PROVIDING FOR PROHIBITION OF OFF - PREMISES MARINE SIGNAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners is the legislative body of Monroe County, Florida; and WHEREAS, the Monroe County Board of County Commissioners has identified that it has become an increasingly common practice to display off - premises marine signs upon waters included within the territorial jurisdiction of the State of Florida and County waters within clear visibility of the Overseas Highway, also known as those portions of U.S. Highway 1 and Florida State Road 5 located within the Florida Keys of Monroe County; and WHEREAS, the Monroe County Board of County Commissioners has identified that it has become an increasingly common practice to situate floating structures over waters included within the territorial jurisdiction of the State of Florida and County waters for the purpose of displaying off - premises marine signage within clear visibility of the Overseas Highway, and to itinerantly operate, or cause to be itinerantly operated, vessels for the mere, main, principal, or primary purpose of displaying off-premises marine signage over such waters and within clear visibility of the Overseas Highway; and WHEREAS, the Monroe County Board of County Commissioners finds that such practices distract drivers and diminish traffic safety on the Overseas Highway, create a safety hazard by distracting pedestrians on or adjacent to said public right -of -way, and increase visual pollution and detract from the aesthetics of the community; and WHEREAS, the United States Congress has not pre - empted the several states or local governments from legislating in the field of off-premises marine sign regulation; and L of 14 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 WHEREAS, Article VIII, Section 1, of the Florida Constitution, vests the Board of County Commissioners with the authority to legislate countywide, except within a municipality that has adopted an ordinance which conflicts with a County ordinance; and WHEREAS, Monroe County Ordinance 14 -2010 - Section 12 -141, codified at Monroe County Code Section 12 -141 (2016) of Monroe County Code of Ordinances Chapter 12 (entitled "Environmental and Natural Resource Protection "), defines "County waters" as "[A]ny Monroe County waters, whether contained within boundaries created naturally, artificially, or diffused, including, but not limited to the Gulf, bays, canals, estuaries, and wetlands. County waters include those waters which are part of the State as being specified within Monroe County pursuant to Florida Statute Section 7.44 and Article 11, Section 1, Constitution of the State of Florida (Rev. 1968), waters out to three marine leagues, or waters in the immediate vicinity of any county reefs." See Florida Statute Section 7.44 (2016) ( "So much of the State of Florida as is situated south of the County of Collier and west or south of the County of Miami -Dade, constitutes the County of Monroe. "); see also Bateman v. State, 238 So. 621 (Fla. 1970) (Ervin, C.J., dissenting), at 626 -27 ("Monroe County's boundary is described in Florida Statute Section 7.44, as follows: "So much of the State of Florida as is situated south of the county of Collier and west or south of the county of Dade, constitutes the county of Monroe." It follows, of course, from this description that all submerged lands or navigable waters in the southernmost portion of the state of Florida that do not lie in Collier and Dade counties are a part of Monroe County. "), rev'd on other grounds; see also Lipscomb v. Gialourakis, 133 So. 104 (Fla. 1931), at 107 ( "[11t must be construed that counties bordering on the Gulf of Mexico include that area within the Gulf adjacent to the upland and adjacent out to the state boundary line. "); and WHEREAS, public and navigable waterways are public highways. See State ex rel. Wilcox v. T.O.L., Inc., 206 So. 2d 69 (Fla. 4th DCA 1968), at 71; and WHEREAS, a county has the right to close public roads and highways where necessity dictates on a temporary or a permanent basis. and the general authority of the boards of county commissioners over the location of public roads in their respective counties has been held to be plenary. Id., cf. at 72; and WHEREAS, the power of local governments to regulate and restrict certain activities reasonably calculated to protect the public health, safety, and welfare, is subject to the State of Florida's paramount power to regulate and control the use of its sovereign lands: and WHEREAS, the State of Florida has not pre- empted local governments from legislating in the field of off - premises marine sign regulation; and WHEREAS, where private ownership of submerged bottoms outward from the shore has originated upon a valid conveyance out of the State of Florida, state law establishes that submerged land included in such grants are subject to taxes lawfully imposed. See Florida Statute Section 253.141(4) (2016); and 2of14 96 WHEREAS, "littoral or riparian rights are appurtenances to ownership of littoral 97 or riparian uplands. They are not founded on ownership of submerged lands." See Mayes 98 v. Bowman, 91 So. 2d 795 (Fla. 1 957), at 802; and 99 100 WHEREAS, littoral and riparian rights are those incident to uplands bordering 101 upon navigable waters, such rights are appurtenant to and inseparable from the littoral or 102 riparian upland, and inure to the owner of the littoral or riparian land, but are not owned 103 by the upland landowner. See Florida Statute Section 253.141(1) (2016); and 104 105 WHEREAS, littoral and riparian landowners "have no rights in navigable waters 106 and state sovereign submerged lands that are superior to other members of the public with 107 regard to rights of bathing, fishing, and navigation." See Walton County v, Stop the Beach 108 Renourishment, Inc., 998 So. 2d 1102 (Fla. 2008), at 1111, aff'd, 560 U.S. 702 (U.S. 109 2010); and 110 111 WHEREAS, "[a] private action cannot be maintained by one who has no interest 112 in [a] waterway beyond that enjoyed by the public in common to use it as a highway." 113 See Bertram v. State Road Dept., 118 So. 2d 674 (Fla. 3rd DCA 1960), at 675; and 114 115 WHEREAS, while littoral and "riparian rights exist in Florida as a matter of 116 constitutional right and property law, it is the clearly established law of Florida that even 117 constitutional rights may be regulated." See Central Florida Investments, Inc. v. Orange 118 County Cade Enforcement Board, 790 So. 2d 593 (Fla. 5th DCA 2001), at 597; and 119 120 WHEREAS, under Florida law, there is no recognized common law, 121 constitutional, or statutory littoral or riparian right to display off - premises marine signs 122 upon or over waters included within the territorial jurisdiction of the State of Florida or 123 upon or over County waters, or to situate floating structures upon or over such waters; 124 and 125 126 WHEREAS, under Florida law, there is no recognized common law, 127 constitutional, or statutory littoral or riparian right to operate, or cause to be operated, a 128 vessel for the mere, main. principal, or primary purpose of displaying off - premises 129 marine signs upon waters included within the territorial jurisdiction of the State of 130 Florida or upon County waters; and 131 132 WHEREAS, local governments may regulate the operation of vessels to the 133 extent that such regulations do not conflict with the provisions of Florida Statutes 134 Chapter 327 (entitled the "Florida Vessel Safety Act"); and 135 136 WHEREAS, Florida Statute Section 327.44 provides that no person shall anchor, 137 operate, or permit to be anchored, except in case of emergency, or operate a vessel or 138 carry on any prohibited activity in a manner which shall unreasonably or unnecessarily 139 constitute a navigational hazard or interfere with another vessel; and 140 141 WHEREAS, Florida Statute Section 327.58 provides that the Florida Vessel 142 Safety Act shall apply to all vessels operating upon the waters of the State; and 3of14 143 144 WHEREAS, Section 327.60(2) of the Florida Vessel Safety Act provides that 1.45 nothing in said Act or in Florida Statutes Chapter 328 (entitled "Vessels: Title 146 Certificates; Liens; Registration ") shall be construed to prevent the adoption of any 147 ordinance or local regulation relating to operation of vessels, except for those establishing 148 a vessel or associated equipment performance or other safety standard, those relating to a 149 vessel's marine sanitation device design, manufacture, installation, or use, regulating the 150 anchoring of vessels other than live - aboard vessels outside the marked boundaries of 151 mooring fields permitted as provided in Florida Statute Section 327.40, or regulating 152 engine or exhaust noise except as provided in Florida Statute Section 327.65; and 153 154 WHEREAS, Florida Statute Section 327.60(3) provides that nothing in the 155 Florida Vessel Safety Act shall be construed to prohibit local governmental authorities 156 from enacting or enforcing regulations which prohibit or restrict the mooring or 157 anchoring of floating structures or live- aboard vessels within their jurisdictions or of any 158 vessels within the marked boundaries of mooring fields permitted as provided in Florida 159 Statute Section 327.40; and 160 161 WHEREAS, the provisions of the Florida Vessel Safety Act neither expressly nor 162 impliedly conflict with the separate- and - distinct regulation(s) herein regulating the 163 display of off - premises marine signage upon or over waters included within the territorial 164 jurisdiction of the State of Florida and /or County waters; and 165 166 WHEREAS, the provisions of the Florida Vessel Safety Act neither expressly nor 167 impliedly conflict with the separate- and - distinct regulation(s) herein regulating the 168 itinerant operation of vessels for the mere, main, principal, or primary purpose of 169 displaying off - premises marine signage upon or over waters included within the 170 territorial jurisdiction of the State of Florida and /or County waters; and 171 172 WHEREAS, the Supreme Court of the United States has held that '`the 173 Constitution accords less protection to commercial speech than to other constitutionally 174 safeguarded forms of expression." See Bolger v. Youngs Drug Products Corp., 463 U.S. 175 60 (U.S. 1983), at 64 -65; and 176 177 WHEREAS, the Supreme Court of the United States has held that "while signs 178 are a form of expression protected by the Free Speech Clause, they pose distinctive 179 problems that are subject to" local governments' "police powers. Unlike oral speech, 180 signs take up space and may obstruct views, distract motorists[,] and pose other problems 181 that legitimately call for regulation." See City of Ladue v. Gilleo, 512 U.S. 43 (U.S. 182 1994), at 48; and 183 184 WHEREAS, the Supreme Court of the United States has held that local 185 government "rules may distinguish among signs based on any content - neutral criteria, 186 including any relevant criteria" such as "[r]ules regulating the locations in which signs 187 may be placed. These rules may distinguish between free- standing signs and those 188 attached to buildings [... R]ules that distinguish between the placement of signs on 189 private and public property. Rules distinguishing between the placement of signs on 4of14 190 commercial and residential property. [And r]ules distinguishing between on- premises and 191 oft- premises signs." See Reed v. Town of'Gilbert, Ariz., 135 S. Ct. 2218 (U.S. 2015), at 192 2233 (Alito, J., Kennedy, J., and Sotomayor, J., concurring); and 193 194 WHEREAS, the enactment of county ordinances governing outdoor advertising 195 is a proper exercise of a county's broad home rule and police powers. See Miami -Dade ex 196 rel. Walthour v. Malibu Lodging Investments, LLC, 64 So. 3d 716 (Fla. 3rd DCA 2011), 197 rev. denied, 99 So. 3d 944 (Fla. 2012); and 198 199 WHEREAS, the objectives of a county ordinance regulating outdoor advertising 200 to promote highway safety and to improve the beauty of the land surrounding public 201 highways and roads and to maintain and increase the attractiveness of the area to 202 residents and tourists alike, and so to influence the economic prosperity of the county, are 203 constitutionally permissible police power interests. See E.B. Elliott Adv. Co. v. 204 Metropolitan Dade County, 425 F. 2d 1141 (5th U.S. Cir. 1970); see also Bonner v. City 205 of'Prichard, 661 F. 2d 1206 (11th U.S. Cir. 1981), at 1207 (Decisions of the United 206 States Court of Appeals for the Fifth Circuit, as that court existed on September 30, L981, 207 would be binding as precedent upon the United States Court of Appeals for the Eleventh 208 Circuit, established October 1, 1981, pursuant to the Fifth Circuit Court of Appeals 209 Reorganization Act of 1980); and 210 211 WHEREAS. Monroe County is home to the fabulous Florida Keys, a world - 212 renowned treasure famous for its beautiful waterways and scenic vistas, and 213 214 WHEREAS, the Monroe County Board of County Commissioners pursuant to 215 Resolution 347 -2008 acknowledged and recognized that the Overseas Highway is a 126- 216 mile road that connects some 100 islands that make up the archipelago of subtropical 217 islands that comprise the Florida Keys; and 218 219 WHEREAS, the Monroe County Board of County Commissioners pursuant to 220 Resolution 347 -2008 acknowledged and recognized that leaving from south Miami -Dade 221 County to Key West, the Overseas Highway includes some 42 bridges, and provides 222 scenic vistas of the Atlantic Ocean, the aquamarine waters of the Gulf of Mexico, and 223 countless offshore islands; and 224 225 WHEREAS, the Overseas Highway is completely surrounded by the spectacular, 226 unique, and nationally significant waters and aquatic resources of the Florida Keys 227 National Marine Sanctuary, established pursuant to the 1990 Florida Keys National 228 Marine Sanctuary and Protection Act; and 229 230 WHEREAS, the Monroe County Board of County Commissioners pursuant to 231 Resolution 110 -2008 acknowledged and recognized that the Florida Keys Scenic 232 Corridor is a source of education, enjoyment, healthy exercise, and relaxation for 233 residents, domestic visitors, and international visitors, and provides important historical, 234 scenic, natural, cultural, archaeological, and recreational resources within and adjacent to 235 U.S. Highway l from Key Largo to Key West, by reason of the Corridor's intrinsic 5of14 236 qualities enhancing the public's driving, biking, walking, and paddling experiences, as 237 well as other forms of recreation; and 238 239 WHEREAS, the Florida Keys Area Protection Act's Principles for Guiding 240 Development require that Florida Keys local governments' regulatory activities be 241 consistent with ensuring the maximum well -being of the Florida Keys and its citizens 242 through sound economic development, enhancing natural scenic resources, promoting the 243 aesthetic benefits of the natural environment, ensuring that development is compatible 244 with the unique historic character of the Florida Keys, protecting the value, efficiency, 245 cost- effectiveness, and amortized life of existing and proposed major public investments 246 including transportation facilities, and protecting the public health, safety, and welfare of 247 the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida 248 resource; and 249 250 WHEREAS, Monroe County Code Section 135 -1 (2016) provides that it is 251 declared "a matter of public policy that the protection and enhancement of properties of 252 historical and cultural merit are in the interests of the health, prosperity, and welfare of 253 the people of the county'; and 254 255 WHEREAS, the Overseas Highway includes or is situated immediately adjacent 256 to numerous Nationally Registered Historic Places, including National Register 257 Information System No. 90000443 comprising the Pigeon Key Historic District, National 258 Register Information System No. 79000684 comprising the Long Key Bridge, the Knight 259 Key Bridge, and the Old Bahia Honda Bridge, and National Register Information System 260 No. 04000788 comprising the Rockland Channel Bridge, the Shark Channel Bridge, the 261 Saddlebunch Nos. 2, 3, and 4 Bridges, the Lower Sugarloaf Bridge, the Park Channel 262 Bridge, the Bow Channel Bridge, the Kemp Channel Bridge, the Niles Channel Bridge, 263 the South Pine Channel Bridge, the Spanish Harbor Bridge, the Ohio -Bahia Honda 264 Bridge, the Ohio - Missouri Bridge, the Missouri - Little Duck Bridge, the Toms Harbor 265 Bridge, the Toms Harbor Cut Bridge, the Channel 2 Bridge, and the Channel 5 Bridge; 266 and 267 268 WHEREAS, the Overseas Highway is situated immediately adjacent to numerous 269 historic structures and cultural resources that have been accepted into the Florida 270 Department of State - Bureau of Historic Preservation - Division of Historical 271 Resources's Florida Master Site File; and 272 273 WHEREAS, the Monroe County Board of County Commissioners pursuant to 274 Resolution No. 59 -1992 designated the Long Key Overseas Viaduct, the Seven Mile 275 Overseas Railroad Bridge, and the Bahia Honda Overseas Railroad Bridge, all situated 276 adjacent to the Overseas Highway, historical and cultural landmarks; and 277 278 WHEREAS, the Monroe County Board of County Commissioners pursuant to 279 Resolution No. 524 -1993 designated Pigeon Key. situated adjacent to the Overseas 280 Highway, a historical and cultural landmark, and 281 6 of 14 282 WHEREAS, the Monroe County Board of County Commissioners pursuant to 283 Resolution No. 131 -1996 designated Lignumvitae Key State Park, situated adjacent to the 284 Overseas Highway, a historical and cultural landmark; and 285 286 WHEREAS, the Monroe County Board of County Commissioners pursuant to 287 Resolution No. 132 -1996 designated Indian Key State Park, situated adjacent to the 288 Overseas Highway, a historical and cultural landmark; and 289 290 WHEREAS, the Florida Department of Transportation on June 22, 2001, 291 designated the Overseas Highway a Florida Scenic Highway based upon these natural 292 and scenic vistas; and 293 294 WHEREAS, the Monroe County Board of County Commissioners pursuant to 295 Resolution No. 172 -2002 designated the Old Overseas Highway on Cudjoe Key, situated 296 adjacent to the Overseas Highway, a historical and cultural landmark; and 297 298 WHEREAS, the United States Department of Transportation - Federal Highway 299 Administration National Scenic Byways Program in 2009 designated the Overseas 300 Highway an All- American Road based upon these beautiful waterways and scenic vistas; 301 and 302 303 WHEREAS, the All- American Road designation is the highest recognition 304 possible under the federal National Scenic Byways Program; and 305 306 WHEREAS, the Overseas Highway is Florida's only federally- designated All - 307 American Road; and 308 309 WHEREAS, the Monroe County Board of County Commissioners finds that this 310 Ordinance is necessary to advance the County's valid health, safety, and welfare police 311 power interests in enhancing traffic safety and minimizing distractions to drivers on the 312 Overseas Highway, obviating a distracting safety hazard to pedestrians on or adjacent to 313 said public right-of-way, and reducing visual pollution and enhancing the aesthetics of 314 the community; and 315 316 WHEREAS, the Monroe County Board of County Commissioners finds that this 317 Ordinance includes objective standards that may be utilized to provide the appropriate 318 guidance to determine which signs are off - premises marine signs and are being displayed 319 upon or over waters included within the territorial jurisdiction of the State of Florida or 320 upon or over County waters, and within clear visibility of the Overseas Highway, and 321 appropriate guidance to determine which vessels are being itinerantly operated, or caused 322 to be itinerantly operated, for the mere, main, principal, or primary purpose of displaying 323 off- premises marine signage upon or over such waters and within clear visibility of the 324 Overseas Highway; 325 326 327 7 of 14 328 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD 329 OF COUNTY COMMISSIONERS: 330 331 SECTION 1._ Recitals and Legislative Intent The foregoing recitals and statements of 332 legislative intent are true and correct and are hereby incorporated as if fully stated herein. 333 334 SECTION 2. - Title This Ordinance shall be titled the "Monroe County Oft - Premises 335 Marine Sign Ordinance." 336 337 SECTION 3. - Creation That Chapter 26 of the Monroe County Code of Ordinances, 338 entitled "Waterways," is hereby amended to create Article VI., entitled "Floating Signs," 339 as follows: 340 341 ARTICLE VI. - FLOATING SIGNS 342 343 Section 26 -106. Jurisdiction. This Section shall be applicable to conduct 344 occurring ul2on submerged lands or over waters included within County waters, and to 345 conduct occurring upon submerged lands or over waters included within the territorial 346 iurisdiction(s) of each municipality within the county. 347 348 Section 26 -107. Administration. Monroe County and any authorized federal or 349 state law enforcement agency may enforce violations of this Section with respect to 350 conduct occurring_up_on submerged lands or over waters included within County waters. 351 Each municipality within the county and any authorized federal or state law enforcement 352 agenc y may enforce violations of this Section with respect to conduct occurring upon 353 Submerged _ _-or over waters included within the territorial „jurisdiction(s) of each 354 municipality within the county, 355 356 Section 26 -108. Definitions. The phrases terms. and words used in this Section 357 shall be, except as specifically defined otherwise herein. the same as they have been 358 defined in.the Monroe County Code of Ordinances and in the Monroe County Land 359 Development Code. The following terms shall have the following specific definitions as 360 used herein: 361 362 Anchor. mean use of traditional ground tackle, typically including an 363 anchor, anchor rode and chain, appurtenant to a vessel. and used to hold a vessel in place. 364 365 Moor. Shall mean use of a device laced on or affixed to the bottom. intended for 366 permanent use, to hold a vessel or floating structure in place As used in this Section, to 367 moor or a mooring shall not include other meanings of mooring such as tying off to a 368 dock or piling 369 370 Clearly visible from the Overseas Hiahway. Shall mean capable of being observed 371 by the unassisted vision of an ordinary person when viewed from any portion of the 372 Overseas Highway. A sign under this Section shall be clearly visible from the Overseas 373 Highway regardless of whether it is legible, or readable. and whether or not there are one 374 or more select vantage points on the Overseas Highway from which a particular line-of- 8 of 14 375 sight to an offending off - premises marine sign may be obstructed; if there is at least one 376 vantage point upon the Overseas Highway from which an offending off-premises marine 377 sign is- ctearlvisible, it is of no legal effect under this Section that one or more other 378 vantage points on the Overseas Highway may present an obstructed line -of -sight to the 379 offendinp_ o_ ff- p_remises marine sig 380 381 Government Si n. A g overnment sign is a sign that is constructed and maintained 382 by a federal. state, or local . government, or a sign that a federal. state, or local government 383 expressly requires to be constructed and maintained. 384 385 Itinerantl O erated Vessel. Means a vessel that displays off- remises marine 386 si!z=4e and remains in the same location for 24 consecutive hours or displays off- 387 premises marine signage, and departs from and returns to the same location within 24 388 consecutive hours. It shall be nresurned that a vessel constitutes an itinerant) o erated 389 vessel should it display off - premises marine signage and either (1) remain in the same 390 location for 24 or more consecutive hours, or 2 display off-premises marine signage 391 and depart from and return to the same location within 24 consecutive hours. For 392 purposes of clarification, "the same location" shall constitute a 600 -foot -wide area 393 extendin from the vessel outwards in all directions and "display off-premises marine 394 signage" shall mean (1) that the vessel continuously_ or intermittently displays off - 395 premises marine signage while remaining at the same location for more than 24 396 consecutive hours. or (2) that the vessel continuously or intermittently displays off - 397 premises marine signage at the same location „from which it departs and returns to. 398 399 Off-Premises Marine Si n. Any sign relating in its subject matter to _,_ _ p 400 accommo_ at�ons acti vities, commodities, or services, on a remis es other than the 401 location on which the sign_ is located, or any sign not attached to a lawfully established, 402 permitted, and/or approved building (hereinafter a "free- standing sign ") that is situated 403 over a water column above submerged land whether upon the water column itself or 404 upon a vessel or a floating structure above the water column. For purposes of 405 clarification, an off - premises marine sign may be either (l) a sign relating in its subject 406 matter to accommodations. activities. commodities or services on a premises other than 407 the location on which the sign is located, or (2) a free-standing sign that is situated over a 408 water column above submerged land, whether upon the water column itself or Upon a 409 vessel_ or a structure above the water column. 410 411 Premises. Any parcel of land that is owned, leased, or controlled by a person, and 412 that is engaged in a use including but not limited to accommodations, activities, 413 commodities. or services. 414 415 Water Column. The vertical extent of water, including the surface thereof. above 416 an area of submerged land regardless of such land's public or private ownership. 417 418 .Limitation Clause. App lication of the foregoing specifically defined terms is 419 limited to this Section, and these terms shall not re- define, modify, override, or supersede 420 any such term defined elsewhere in the Monroe County Code(s). 421 �a �s Cu 0 U) CD C Cu 2 a) U) a� Cu 0 �a E CL LO cis 04 C C4 LO C M �a as 0 a U) LL a� c� 9of14 422 Section 26 -109_. Construction and Interpretation. The construction and 423 interpretation of this Section shall be deferred in favor of Monroe County, and such 424 construction and interpretation shall be entitled to great weight in adversarial 425 administrative proceedings, on trial, and on appeal. 426 427 Section 26 -110. Prohibitions. 428 429 (a) Displav of Off - Premises Marine Signs on Anchored or Moored Vessels and 430 Floating Structures Prohibited. No off-premises marine sign(s) may be 431 displayed upon a vessel or a floating structure that is anchored, moored. or 432 otherwise affixed upon, or to, submerged lands or over waters included within 433 County waters. or up on submerged lands or over waters included within a 434 municipality's territorial jurisdiction, regardless of such submerged lands' 435 public or private ownership. 436 437 (b) Anchoring or Mooring of Off-Premises Marine Sig Prohibited. No off - 438 premises marine sign(s) may be directly anchored, moored. or otherwise 439 affixed upon. or to, submerged lands or over waters included within Count 440 waters, or upon submerged lands or over waters included within a 441 municipality's territorial jurisdiction, regardless of such Submerged lands' 442 public or rivate ownershi . 443 444 (c) Itinerantly Operated Vessels Prohibited. No vessel may be itinerantly 445 operated, or caused to be itinerantly operated. over County waters or over 446 waters included within a municipality's territorial ' urisdiction. 447 448 Section 26 -111. Exceptions. 449 450 (a) This Section shall not apply to off-premises marine si ns that are not clearl 451 visible from the Overseas Highwa . 452 453 (b) This Section shall not apply to a vessel whose off-premises marine sil4name is 454 not clearly visible from the Overseas Highway. 455 456 (c) This Section shall not apply to a sign(s) on a manned vessel or lawfully 457 permitted floatin structure, if such si na e displays the name and contact 458 information for the natural or legal person associated with the main or primary 459 purpose of said vessel or said lawfully_ permitted floating structure, and said 460 siana e is incidental to the vessel's or lawfully permitted floating structure's 461 main_ princi or primary purpose. and said signa7e is not the mere, main, 462 p rincip al. or primary purpose of the lawfully permitted floatin structure or of 463 said vessel or said vessel's operation. For purposes of clarification, "lawfully 464 permitted floating structure" means a floating structure that has received all 465 required federal, state, and local permits and approvals. 466 467 (d) This Section shall not apply to government signs. 468 �a �s Cu 0 r_ Cu 2 a) as Cu 0 r _ E CL cis CM N LO LO E �a as 0 r_ 0 r _ P LL a� E c� 10 of 14 469 Section 26 -112. Penalties; Enforcement Procedure. 470 471 (a) Criminal Offense. Violations of this Section may prosecuted in the name of 472 the State of Florida by the prosecuting attomey thereof as more fully set forth 473 in Florida Statute Section 125.69(1) (2016). Any person or entity found guilty 474 of violating this Section may be sentenced to up to sixty 60 days in sail, or 475 fined in an amount of up to $500.00, or be subject to both imprisonment and 476 fines. 477 478 (b) Civil Offense. Violations of this Section may prosecuted by Monroe 479 County and by any municipality located within the county. as provided for in 480 Florida Statutes - Chap ter 162 2016 and Monroe County Code - Chapter 8 481 (2016 ) or pursuant to the pertinent municipality's code compliance 482 ordinances, administratively, at law, and in equity, as may be necessary to 483 enforce compliance with this Section_ and to collect damages in the form of 484 fines authorized by law. 485 486 1) For any violation under this Section Monroe County may initiate code 487 compliance proceedings pursuant to Monroe County Code - Chapter 8 488 and Florida Statutes - Chapter 162. 489 490 a) Counly Authori to Dismantle Remove or Cover O endin 491 Off - Premises Marine Suns, Vessels, and Floating Structures. 492 Monroe County may, pursuant to Florida Statutes - Chapter 493 162 and Monroe County Code - Chapter 8, take steps to cover, 494 or remove and /or dismantle an off-premises marine sign, 495 vessel, or floatiniz structure held in violation of this Section to 496 store it in a location where said sign vessel, or f7oatin 497 structure is not in view of the Overseas Highway, and to make 498 arrangements to return said off- premises marine sign, vessel, or 499 floating structure to the rightful owner. upon the owner's 500 payment of all reasonable costs associated with said covering, 501 removal, and/or dismantlement. 502 503 2) For violations under this Section each municip within the count 504 ma ini tiate code compliance proceedings pursuant to its own 505 respective code compliance or code enforcement ordinances and 506 Florida Statutes - Chapter 162. 507 508 a) elllunicipal Authority to Dismantle, Remove, or Cover 509 Offending Off-Premises Marine Qr Vessels, and Floatin 510 Structures. Each municipality within the county may pursuant 511 to its own respective code compliance ordinances and Florida 512 Statutes - Chapter 162, take steps to cover. or remove and/or 513 dismantle an . off-premises marine sign. vessel, or floating 514 structure held in violation of this Section. to store it in a 515 location where said sign. vessel or floating structure is not in �a �s cu a 0 r_ P U) CD r_ cu a� as 0 r _ E CL cis cm C N LO CL E M �a as 0 r_ 0 r _ U) CD LL a� 0 I 1 of 14 5I6 view of the Overseas Highway, and to make arrangements to 517 return said off-premises marine sign vessel or floatin 518 structure to the rightfiil owner, upon the owner's payment of all 519 reasonable costs associated with said covering. removal and/or 520 dismantlement. 521 522 (c) Any federal and state law enforcement agency may enforce this Section 523 pursuant to duly enacted federal or state enabling legislation to or 524 civilly violation(s) of this Section, and may by administrative rule or 525 regulation enact its own authorized method(s) of criminally or civilly 526 prosecuting violation(s) of this Section. 527 528 1) Federal and State Authority to Dismantle, Remove, or Cover 529 Offending Off- Premises Marine Suns, Vessels, and Floating 530 Structures. In accordance with duly enacted statute(s). rule(s), or 531 regulation(s) enabling a federal or state agency to undertake such 532 enforcement and /or prosecutorial action federal and state law 533 enforcement agencies may take steps to cover, or remove and /or 534 dismantle an off-premises marine sign, vessel, or floatin structure 535 held in violation of this Section, to store it in a location where said 536 sign. vessel, or floating structure is not in view of the Overseas 537 Hip and to make arrangements to return said off-premises 538 marine si-ln, vessel, or floating structure to the rightful owner, upon 539 the owner's payment of Ali reasonable costs associated with said 540 coverina, removal, and/or dismantlement in accordance with such 541 enabling statute(s), rule(s), and regulation(s). 542 543 (d) Injunctive Relief: The County Attorney and the attorney(s) for each 544 municipality within the county are authorized to immediately seek injunctive 545 relief to en activities construction, maintenance practices repairs. and /or 546 uses in violation of this Section by motion for emergency, preliminary. and 547 permanent injunction. including by ex parte motion, and /or other forms of 548 equitable relief from a court of competent jurisdiction upon presentation of 549 prima facie evidence of a violation of this Section to said court. 550 551 (e) Units o Prosecution. Each individual Prohibited off-premises marine Sig that 552 is displayed may be prosecuted as a separate offense. Each day that a 553 prohibited off - premises marine sign is displayed constitutes a separate 554 irreparable or irreversible offense. 555 556 (t) Joint- Liabilitv. All owner(s), part owner(s), joint owner(s) 557 tenants) -in - common, tenants) in partnership, joint tenant(s), tenant(s) by the 558 entiretv. and holders of legal or beneficial title to or interest in an offendin 559 off-premises marine siZn, or in an offending vessel or floating structure held 560 in violation of this Section_ shall be jointly- and - severally liable with respect to 561 any legal orequitable jud ment or relief obtained by a federal or state agenc 562 the State of Florida the County or municipality within the county. �a �s cu 0 r_ P U) CD a� as 0 r _ E CL cm N cm C as LO CL E �a as 0 r_ 0 r _ P U) CD r_ LL a� 0 12 of 14 563 564 (g) Costs. Any court of competent jurisdiction, the County Code Compliance 565 Special Magistrate,_ and the Code Compliance Special Magistrate(s) of each 566 municipality within the county, are authorized to impose against the 567 violators of this Section any costs associated with the removal 568 dismantlement, and /or covering of any offending - off-premises marine sign(s). 569 vessel(s), or floating structure(s), held in violation of this Section. 570 571 (h) No Waiver or Estoppel. It being that Monroe the State of Florida. 572 federal and state _law enforcement agencies, and municipalities authorized 573 herein-possess-discretion to enforce this Section, such local governments' or 574 state or federal enforcement agencies' delay or failure to enforce any 575 provision contained in this Section, however long continued, shahl not be 576 deemed a waiver or estoppel of the right for the local government or state or 577 federal enforcement nency to enforce this Section at anv time thereafter. 578 579 (i) The Monroe County Marine Resources Office is authorized to contract on an 580 on -call basis with at least one marine salvage company to assist with the 581 expeditious coverin dismantling and /or removal of offending off-premises 582 marine signage, vessels, or floating structures held in violation of this Section. 583 The Marine Resources Office is authorized to remove offending off-premises 584 marine signage, vessels, or floating structures pursuant to said contract(s). 585 --- 586 Section 26 -113. Provisions to Be Cumulative. This Section is cumulative to an 587 other substantive laws. ordinances, regulations and rules and is cumulative to 588 any enforcement procedure that those laws ordinances. re ulations and rules 589 may provide. This Section does not supersede or repeal or otherwise modify those 590 laws, ordinances. regulations, rules. or enforcement procedures thereunder in any 591 way. 592 593 Section 26 -114. _Private Right -of- Action. Any natural person may seek 594 injunctive relief in a court of competent jurisdiction to enforce violations of this 595 Section against a violator. 596 597 SECTION 4. - Severability. Partial Invaliditv, and Survival of Provisions. If any 598 provision of this Section, or any portion thereof, is held to be invalid or unenforceable in 599 or by any administrative hearing officer or court of competent jurisdiction, the invalidity 600 or unenforceability of such provision, or any portion thereof, shall neither limit nor 601 impair the operation, enforceability, or validity of any other provision of this Section, or 602 any remaining portion(s) thereof. All other provisions of this Section, and remaining 603 portion(s) thereof, shall continue unimpaired in full force and effect. 604 605 SECTION 5. - Repeal of Inconsistent Provisions All ordinances or parts of ordinances 606 in conflict with this ordinance are hereby repealed to the extent of said conflict herein. 607 Such repeal shall not repeal the repealing clause of such ordinance or revive any 608 ordinance which has been repealed thereby. 609 13 of 14 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 SECTION 6. - Captions and Paragraph Headings Captions and paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular paragraph or text to which they refer. SECTION 7. - Inclusion in the Monroe County Code of Ordinances The provisions of this ordinance shall be included and incorporated into the Code of Ordinances of Monroe County, Florida and shall be numbered to conform with the uniform numbering system of the Code. SECTION 8. - Effective Date This ordinance shall be filed in the Office of the Secretary of the State of Florida and shall become effective as provided by law. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21 st day of June, 2017, Mayor George Neugent Mayor pro tem David P. Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia J. Murphy MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK I' By: Deputy Clerk Mayor George Neugent MONROE COUNTY ATTORNEY APPROVED AS TO FORM PETER MORRIS ASSISTANT CO U TY ATTORNEY Date: 14 of 14