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Item H1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 17, 2013 Division: Growth Management Bulk Item: Yes _ No X Department: Marine Resources Office Staff Contact Person/Phone#: Richard Jones/289-2805 AGENDA ITEM WORDING: Presentation by the Florida Fish & Wildlife Conservation Commission on the implementation status of the Pilot Program anchoring ordinance for Monroe County. ITEM BACKGROUND: The Florida Legislature in 2009 approved F.S.327.4105 which directed the Florida Fish & Wildlife Conservation Commission (FWC) to establish a Pilot Program (Program) to explore options for regulating the anchoring or mooring of vessels outside of public mooring fields. Monroe County (County) is one of five local governments in the state selected to participate in the Program. In September 2011 staff began development of an anchoring ordinance, in partnership with the cities of Marathon and Key West, providing for boating restricted areas, consistent with the goals of the Program. The final ordinance (No.036-2012) was adopted on October 17, 2012, with a minor amendment in February, 2013. Since that time, Monroe County staff installed signage, marking the boundaries of the managed anchoring zones and no anchoring zones and FWC began implementation of the ordinance. The FWC Pilot Program is scheduled to expire on July 1, 2014, unless extended by the Florida State Legislature. The County ordinance shall expire or be extended concurrently with the FWC Pilot Program. Monroe County: The Pilot Program anchoring regulations were implemented in March 2013 in Boca Chica Basin, Cow Key Channel, and Key West Harbor. The provisions include: No Anchoring Buffer Zone- in the eastern portion of Boca Chica Basin. Managed AnchoringZ - in the western portion of Boca Chica Basin, Cow Key Channel and Key West Harbor. Rules in Managed Anchoring Zones include: Prohibition of derelict vessels Proof of pumpout required Prohibition of vessels exhibiting pre-derelict vessel conditions, including: 1) Vessel is not able to be used for navigation. 2) Vessel is listing. 3) Vessel is aground. 4) Vessel is in danger of breaking its mooring. 5) Vessel is sinking. 6) Vessel is dragging anchor. 7) Vessel has broken its mooring and has been secured for the protection of the health, safety and welfare of the citizens. Key West: Pilot Program anchoring regulations were implemented in the Seaplane Basin in March 2013 subsequent to the installation of regulatory and informational signage, and the distribution of educational brochures (attached). The provisions include: No Anchoring Buffer Zone-within the Seaplane Basin(outside of the Garrison Bight Mooring Field). Marathon: Pilot Program anchoring regulations in the Boot Key Harbor area were implemented in August 2013, subsequent to the adoption of an ordinance by the City of Marathon, mirroring the County ordinance, and the installation of regulatory and informational signage at that locale. The provisions include: No Anchoring Buffer Zone-within 50' of the Boot Key Harbor mooring field. Managed Anchoring Zone- in all of Boot Key Harbor (outside of the No Anchoring Zone) and Sisters Creek. Rules in the Managed Anchoring Zone include: Prohibition of derelict vessels Proof of pumpout required Prohibition of vessels exhibiting pre-derelict vessel conditions, including: 1) Vessel is not able to be used for navigation. 2) Vessel is listing. 3) Vessel is aground. 4) Vessel is in danger of breaking its mooring. 5) Vessel is sinking. 6) Vessel is dragging anchor. 7) Vessel has broken its mooring and has been secured for the protection of the health, safety and welfare of the citizens. FWC Enforcement/Implementation: The initial phase of implementation of the anchoring ordinance has focused on education and information. FWC has recently begun to step up enforcement of the ordinance. FWC staff is providing this presentation on the Program ordinance for Monroe County, including enforcement activities and statistics on warnings and citations issued. Enforcement provisions include: 1) Written Warning 2) First offense- $50 3) Second offense- $100 4) Third offense- $250 5) Fourth or subsequent offenses- $250 and FWC will request that the owner remove the vessel from the Managed Anchoring Zone or No-Anchoring Buffer Zone PREVIOUS RELEVANT BOCC ACTION: July 2012- approval of Pilot Program anchoring ordinance to be transmitted to FWC October 2012- adoption of Ordinance 036-2012 establishing Pilot Program anchoring restricted areas February 2013- Adoption of Ordinance 009-2013 which re-adopted Ordinance 036-2012 to include Attachment B (maps) CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: n/a TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM# . 1 2 3 4 ' 5 = - 6 7 8 9 10 ORDINANCE NO. 009 -2013 11 12 13 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 14 COUNTY COMMISSIONERS RE-ADOPTING 15 ORDINANCE 036-2012 WHICH AMENDED CHAPTER 26 16 OF THE MONROE COUNTY CODE (WATERWAYS) TO 17 PROVIDE FOR "ARTICLE V ANCHORING AND 18 MOORING RESTRICTED AREAS"; SPECIFICALLY 19 INCLUDING ATTACHMENT "B" MISSING FROM 20 ORDINANCE 036-2012; PROVIDING FOR 21 SEVERABILITY; PROVIDING FOR REPEAL OF 22 INCONSISTENT PROVISIONS; PROVIDING FOR FILING 23 AND AN EFFECTIVE DATE; PROVIDING FOR 24 CODIFICATION; PROVIDING FOR AN EXPIRATION 25 DATE. 26 27 28 WHEREAS, Ordinance No. 036-2012 (Ordinance)was passed on October 17, 2012,by 29 the Monroe County Board of County Commissioners and was filed with the Secretary of 30 State on November 2,2012; and 31 32 WHEREAS,Ordinance No. 036-2013 is effective;and 33 34 WHEREAS, Sec. 26-102(b) of the Ordinance provided for "No Anchoring Buffer 35 Zones"; and 36 37 WHEREAS, legal descriptions of the "No Anchoring Zones" were provided in the text 38 of the Ordinance in Sec. 26-102(b)(1) ; and 39 40 WHEREAS, the Ordinance referenced Attachment B, maps of the "No Anchoring 41 Zones",in Sec. 26-102(b)(1)to illustrate the legal descriptions in the text;and 42 43 WHEREAS,Attachment B was not included at the time of the public hearing on October 44 17,2012;and 45 1 46 WHEREAS, it is the intention of this ordinance to re-adopt all of Ordinance 036-2012 47 along with the missing Attachment B,now attached hereto; 48 49 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD 50 OF COUNTY COMMISSIONERS: 51 52 SECTION 1 53 54 Ordinance 036-2012 is readopted in its entirety to provide the text and attachments 55 in one document as follows: 56 57 58 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 59 COUNTY COMMISSIONERS AMENDING CHAPTER 26 60 OF THE MONROE COUNTY CODE (WATERWAYS) TO 61 PROVIDE FOR "ARTICLE V ANCHORING AND 62 MOORING RESTRICTED AREAS"; PROVIDING FOR 63 SEVERABILITY; PROVIDING FOR REPEAL OF 64 INCONSISTENT PROVISIONS; PROVIDING FOR FILING 65 AND AN EFFECTIVE DATE; PROVIDING FOR 66 CODIFICATION; PROVIDING FOR AN EXPIRATION 67 DATE. 68 69 70 WHEREAS,in 1992 the Monroe County Department of Marine Resources prepared The 71 Boating Impacts Management Plan Final Report which documented liveaboard vessel 72 impacts associated with unmanaged anchorages throughout the Keys; and 73 74 WHEREAS, in 2002 the Monroe County Department of Marine Resources prepared a 75 Keys-Wide Mooring Field System Preliminary Planning Document which included an 76 evaluation of anchorages throughout the Keys including Boca Chica Harbor, Cow Key 77 Channel, and Key West Harbor (i.e. Wisteria Island/Fleming Key area) and recognized 78 the need to address negative boating impacts associated with those unmanaged 79 anchorages; and 80 81 WHEREAS, in 2008 the Monroe County Marine Resources Office prepared the 82 Development of a Boating Management Plan for the Boca Chica Harbor Area which 83 evaluated a variety of boating impacts in that anchorage area and provided options for 84 managing anchoring activity, but recognized the lack of authority(at that time)provided 85 to the County to regulate vessels other than liveaboard vessels; and 86 87 WHEREAS, in 2009 the Florida Legislature directed the Florida Fish & Wildlife 88 Conservation Commission (FWC), in consultation with the Florida Department of 89 Environmental Protection, to establish a Pilot Program to explore potential options for 90 regulating the anchoring or mooring of non-liveaboard vessels outside the marked 91 boundaries of public mooring fields(327.4105 F.S.); and 2 92 93 WHEREAS, the goals of the Pilot Program are to encourage the establishment of 94 additional public mooring fields and to develop and test policies and regulatory regimes 95 that: promote the establishment and use of mooring fields, promote public access to 96 waters of the state, enhance navigational safety, protect maritime infrastructure, protect 97 marine environment, and deter improperly stored, abandoned or derelict vessels; and 98 99 WHEREAS, in November 2009 Monroe County sent a Letter of Interest to FWC to 100 participate in the Pilot Program in partnership with the Cities of Marathon and Key West, 101 each of which operate public mooring fields; and 102 103 WHEREAS, the Monroe County Board of County Commissioners entered into Inter- 104 local Agreements with the Cities of Marathon and Key West on February 17, 2010 105 providing for coordinated partnerships in the FWC Pilot Program; and 106 107 WHEREAS, the Monroe County Marine Resources Office retained consultants to 108 complete vessel surveys inside and outside of public mooring fields at Key West and 109 Marathon and in the anchorage at Boca Chica basin, and conducted stakeholder 110 workshops to take public input on anchoring and mooring issues and potential regulatory 111 regimes, in accordance with the criteria of the FWC Pilot Program; and 112 113 WHEREAS, FWC staff evaluated Monroe County's vessel surveys, considered public 114 input provided at stakeholder workshops, and provided a recommendation to the FWC to 115 approve Monroe County for participation in the Pilot Program; and 116 117 WHEREAS, at its February 2011 meeting the FWC approved Monroe County as one of 118 five local governments in the state to participate in the Pilot Program, including St. 119 Petersburg, Sarasota, St. Augustine and Martin County; and 120 121 WHEREAS, the Monroe County Marine and Port Advisory Committee and the Monroe 122 County Board of County Commissioners held numerous public meetings from 2009 to 123 the present to discuss, and take public input on FWC Pilot Program objectives, anchoring 124 impacts in unmanaged Keys anchorages, and viable solutions to address those anchoring 125 impacts; and 126 127 WHEREAS, the Monroe County Board of County Commissioners provided direction at 128 its September 21, 2011 meeting for staff to draft an anchoring ordinance to provide for 129 managed anchoring zones with accompanying regulations, and to coordinate with the 130 Cities of Marathon and Key West for the inclusion of ordinance language providing for 131 anchoring regulations in association with their respective mooring fields; and 132 133 WHEREAS, at the September 21, 2011 Monroe County Board of County 134 Commissioners meeting the Board received a request from a representative of Wisteria 135 Island to have Key West harbor included as a managed anchoring zone, and the Board 136 approved the inclusion of that area as a managed anchoring zone; and 137 3 138 WHEREAS, the Monroe County Board of County Commissioners provided additional 139 direction at its January 19, 2012 meeting for the anchoring ordinance to provide for four 140 managed anchoring zones, and revised the regulations for development to be applied 141 within those zones; and 142 143 WHEREAS, the Monroe County Board of County Commissioners at its April 18, 2012 144 meeting accepted a request by the City of Marathon to include the greater Boot Key 145 Harbor area as a fifth managed anchoring zone, heard concerns from the Navy, and 146 directed staff to include a prohibition on vessels within managed anchoring zones that 147 exhibit conditions known to precede a derelict vessel condition, eliminate floating 148 structures language and eliminate USCG Auxiliary Vessel Safety Check language 149 pending a recommendation from the USCG; and 150 151 WHEREAS, the Monroe County Board of County Commissioners at its May 16, 2012 152 meeting accepted a request by Naval Air Station Key West to make areas of Boca Chica 153 basin, encompassed by the Navy Accident Potential Zone and baybottom, a no anchoring 154 zone to ensure the safety and security of the public; and 155 156 WHEREAS, the Monroe County Board of County Commissioners has indicated that the 157 anchoring ordinance should not be over-reaching and not overburden transient boaters; 158 and 159 160 WHEREAS,it is the intention of the Monroe County Board of County Commissioners to 161 optimize the incentive for vessel owners, who contribute to Boating Improvement Funds 162 through vessel registration fees and contribute to DEP Clean Vessel Act Program funds 163 through marine fuel taxes, to properly pumpout and comply with existing sewage 164 discharge regulations within the federal No Discharge Zone in the Keys, by providing 165 free pumpout service to vessels located in managed anchoring zones and which are 166 served by the County pumpout program; and 167 168 WHEREAS, Monroe County staff is negotiating a contract with the National Marine 169 Waste Foundation to provide free pumpout service to vessels anchored in unincorporated 170 areas of the Florida Keys and to provide for a registration process, with accompanying 171 participation stickers or tags to be displayed on vessels indicating proof of regular 172 pumpouts; and 173 174 WHEREAS, because the anchoring ordinance is a test program the Monroe County 175 Board of County Commissioners desires that vessel owners be provided warnings by 176 enforcement officers prior to the issuance of citations, to allow every opportunity for the 177 vessel owner to comply with the described regulations; and 178 179 WHEREAS, the anchoring ordinance shall provide for the regulation of both liveaboard 180 and non-liveaboard vessels;and 181 182 WHEREAS, the Monroe County Board of County Commissioners encourages FWC to 183 fully implement the agency's At Risk Program in designated managed anchoring zones as 4 184 a tool to identify vessels which exhibit conditions known to precede a derelict vessel 185 condition; and 186 187 WHEREAS, the regulations established in the anchoring ordinance are consistent with 188 the municipal codes of the City of Marathon and the City of Key West; and 189 190 WHEREAS, the Monroe County Board of County Commissioners will transmit the 191 approved anchoring ordinance to FWC for consideration and approval prior to adoption 192 of the ordinance by the Board of County Commissioners; 193 194 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD 195 OF COUNTY COMMISSIONERS: 196 197 Section 1. Chapter 26 of the Monroe County Code is amended as follows: 198 199 Chapter 26 200 WATERWAYS 201 202 ARTICLE V 203 ANCHORING AND MOORING RESTRICTED AREAS 204 205 Sec.26-100. Purpose. It is the purpose of this section of this Code to provide for 206 anchoring and mooring restricted areas where unmanaged anchoring and/or mooring and 207 associated environmental and navigational impacts exist These areas and restrictions are 208 created in accordance with F.S. & 327.4105 and by approval of the Florida Fish and 209 Wildlife Conservation Commission which has been directed by the Florida State 210 Legislature to establish a Pilot Program to explore potential options for regWating the 211 anchoring or mooring of non-liveaboard vessels outside the marked boundaries of public 212 mooring fields. These restrictions are deemed to be necessary to protect the public 213 health, safety and welfare. These restrictions also include the regulation of liveaboard 214 vessels and floating structures, as provided for in F S $ 327.60(3). 215 216 Sec. 26-101. Definitions. 217 218 Proof of vumnout means an acceptable form of proof that a vessel has had its vessel 219 sewage legally pumped out, or disposed of(in the case of a Porta-Potti or other portable 220 toilet). Acceptable forms of proof include a pumpout registration sticker or tag issued by 221 the City of Key West, City of Marathon or Monroe CountypmRout programs indicating 222 that the vessel receives routine pumpouts or a pumpout receipt from a pumpout facility 223 (including portable toilet dump stations)or pumpout vessel within the past ten(10)da,� 224 225 Derelict Vessel means any vessel, as defined in F S § 327 02 that is left stored or 226 abandoned: 227 (a) In a wrecked, junked, or substantially dismantled condition upon any public 228 waters of this state. 229 b�2 At any port in this state without the consent of the agency having jurisdiction 230 thereof. 5 231 U Docked or grounded at or beached upon the property of another without the 232 consent of the owner of the property 233 2334 5 Sec. 26-102. Anchoring and Mooring Restricted Areas 236 U Managed Anchoring Zones. Managed Anchoring Zones are established for the 237 purpose of protecting the marine environment enhancing navigational safety and 238 deterring improperly stored, abandoned, or derelict vessels Managed Anchoring 239 Zones are created as a tool to regulate anchoring activity in currently unmanaged 240 anchorages. 241 242 Managed Anchoring Zones shall be established in the following described 243 &eographic areas. Maps delineating the Managed Anchoring Zones are 244 attached hereto as Attachment A. and are incorporated herein by reference and 245 will be made available in the Marine Resources Office. 246 247 a. Boca Chica Basin: To include the body of water occurring between Stock 248 Island and Boca Chica Key (excluding the NM Accident Potential Zone 249 (APZ),restricted areas, and bay bottom) south of U.S. Highway 1 west of 250 the western edge of the arc of the NAS Key West Accident Potential Zone 251 (APZ), west of aline intersecting the APZ at 24' 34 10' N 81° 43 35' W 252 and running south to 24° 33.63' N 81° 43.35' W south of a line running 253 east-west from 24° 33.63' N 81° 43.35' W to 24° 33.63' N 81° 43.15' W 254 west of the western edge of Boca Chica Channel running southwest from 255 240 33.63' N 810 43.15' W to 240 33.45'N 81°43 24' W north of latitude 256 24' 33.45' N (approximately at the location of Boca Chica Channel 257 marker 7). east of a line running north-northwest from 240 33.45' N 81° 258 43.38' W to 24° 33.82' N 81° 43.46' W and continuing along the Stock 259 Island shoreline. 260 b. Key West Harbor: To include the body of water occurring west of 261 Fleming Kev and Key West (excluding NM restricted areas) south of a 262 line running east-west at latitude 24°35.19' N east of a line running from 263 the northwest tip of Pearl Bank to the north side of Tank Island (Sunset 264 Key),and north of a line running east-west at latitude 24'33 84' N 265 c. Cow Key Channel: To include the body of water occurring between Key 266 West and Stock Island. south of U.S. Highway 1 and north of a line 267 running east-west at latitude 24' 33.44' N (approximately at the location 268 of Cow Key Channel marker 51. 269 d. Boot Kev Harbor: To include the area of Boot Key Harbor(excluding the 270 permitted public mooring field and No-Anchoring Buffer Zone)occurring 271 south of the Vaca Key shoreline, east of Boot Key-Harbor main channel 272 entrance marker 7 located at position 24° 42.13' N 81° 06 84' W north of 273 the Boot Key shoreline, and west of the far eastern side of Boot Key 274 Harbor at position 24'42.54' N 8 P 04.99' W and including the entirety 275 of Sisters Creek south to marker 4 at the entrance of Sisters Creek and 276 including the area occurring from Sisters Creek marker 4 at position 241 277 41.35' N 810 05.26' W running east to the shoreline of Vaca Key at 6 278 position 24'41.43' N 81° 04.93' W and running north along the shoreline 279 of Vaca Key and continuing to the west along the shoreline of Sombrero 280 Beach. 281 282 The following regulations shall apply within Managed AnchoringZones: ones: 283 284 a. Prohibition of vessels exhibiting pre-derelict vessel conditions. Vessels 285 determined to exhibit conditions known to precede a derelict vessel 286 condition are prohibited, including_ 287 1) Vessel is not able to be used for navigation. 288 2) Vessel is listing: 289 3) Vessel is aground. 290 4) Vessel is in danger of breaking its mooring. 291 5) Vessel is sinking. 292 6) Vessel is dragging anchor. 293 7) Vessel has broken its mooring and has been secured for the protection 294 of the health, safety and welfare of the citizens. 295 b. Prohibition of derelict vessels. Vessels determined to be derelict in 296 accordance with F.S. § 823.11 are prohibited. 297 c. Proof of pumpout required. Vessels anchored or moored for more than ten 298 (10) consecutive days, and which are required to have a marine sanitation 299 device in accordance with F.S. § 327.53, must provide proof of pumpout. 300 Vessel owners may utilize a pumpout service which may be provided bX 301 the City of Key West, City of Marathon, Monroe County pumpout 302 proesams, or other authorized vessel pumpout facility or vendor. The 303 municipal and County pumpout services are structured to provide ongoing 304 pumpouts for vessels located within managed anchoring zones, and may 305 provide a registration process by which vessel owners sign up for regular 306 pumpouts at a frequency based on anticipated need, with a minimum of 307 one pumpout per month. A monthly, color coded, registration sticker or 308 tag may be provided which vessel owners may display on their vessel, 309 indicating participation in the municipal or Co=MMout program, and 310 which will be considered proof of pumpout. The municipal and/or County 311 pumpout programs shall maintain registration documentation and pumpout 312 logs throughout the duration of the Pilot Program, which shall be available 313 for review by any law enforcement officer. If a vessel owner utilizes 314 another vessel pumpout provider the vessel owner is required to maintain 315 documentation and pumpout logs to demonstrate use of pumpout to FWC, 316 MCSO or other law enforcement officers. 317 318 (b) No Anchoring Buffer Zones. No-Anchoring Buffer Zones are established outside 319 of, and immediately adjacent to, permitted public mooring fields for the purpose 320 of protecting maritime infrastructure, enhancing navigational safety and 321 p g romotinpublic access and the use of public mooring fields. 323 (1) No-Anchoring Buffer Zones shall be established in the following described 324 geographic areas. Maps delineating the No Anchoring Zones are attached 7 325 hereto as Attachment B. and are incorporated herein by reference and will be 326 made available in the Marine Resources Office. 327 328 a. Boot Key Harbor: To include a fifty foot 50') wide area immediately 329 adjacent to, and outside of, the perimeter of the east and west mooring 330 fields and the leased anchorinix area. 331 b. Seaplane Basin: To include the area of Garrison Bight known as the 332 Seaplane Basin occurring north of the Key West shoreline east of the 333 Fleming Key shoreline, south of a line running east-west 50' north of the 334 Garrison Bight mooring field boundary markers C and D. and west of 335 Sigsbee Park. 336 c. Boca Chica Basin: To include the body of water occurring between Stock 337 Island and Boca Chica Key (excluding Navy restricted areas) south of 338 U.S. Highway 1, east of the western edge of the arc of the NAS Key West 339 APZ, east of aline intersecting the Navy APZ at 24° 34 10' N 81* 43 35' 340 W and running south to 24° 33.63' N 81° 43 35' W north of a line 341 running east-west from 24' 33.63' N 81° 43 35' W to 24° 33.63' N 81' 342 43.15' W, and west of the western edge of Boca Chica Channel and the 343 Navy restricted area (which includes Boca Chica Channel and the Navy 344 mooring field basin). 345 346 (2)The following regulations shall apply within No-Anchoring Buffer Zones: 347 348 No anchoring or mooring, of any kind (vessels or floating structures) exgMt 349 for vessels mooring within established permitted public mooring fields by 350 permission of the mooring field owner or manager vessels within a leased 351 anchoring area associated with a mooring field commercial vessels (e.g. 352 barges) engaged in marine related work, military operations vessels anchored 353 for the puroose of fishing or other recreational activities (but not ovemi t) 354 or in the case of an emergency(e.g. weather,mechanical medical)causing the 355 need for a vessel to temporarily anchor. 356 357 358 Sec.26-103. Enforcement. Regulations described in this Article may be enforced by law 359 enforcement officers of the City of Marathon or City of Key West (within their areas of 360 jurisdiction),Monroe County,or FWC or any other law enforcement officer. 361 362 363 Sec.26-104. Penalties. 364 365 U Any person cited for a violation of this article shall be charged with a noncriminal 366 infraction. A written warning shall be issued to provide the vessel owner 30 daps 367 for corrective action or removal of the vessel. If corrective action or removal is 368 not accomplished, a Uniform Boating Citation may be issued for violations of this 369 ordinance pursuant to F.S. § 327.74 by any law enforcement agency authorized to 370 issue such citations. Vessel owners will be provided thirty (30) days between 371 issuance of citations. Fines associated with citations are established as follows: 8 372 (1) First offense-$50 373 (2) Second offense- $100 374 (3) Third offense- $250 375 (4) Fourth or subsequent offenses- $250 and FWC will request that the owner 376 remove the vessel from the Managed Anchoring Zone or No Anchoring 377 Buffer Zone 378 379 W An person who fails to pLogerly respond to a Uniform Boating Citation issued 380 for a violation of this_article shall in addition to the charge relatingt o the 381 violation of the boating laws of this Cog=be charged with the offense of failing 382 to respond to such citation and upon conviction be guilty of a misdemeanor of the 383 second degree punishable as provided in F S § 775.082 and F S § 775.083. 384 385 (g) If a law enforcement officer determines that a vessel is derelict the violation shall 386 be processed in accordance with F.S. $ 823.11 387 388 (d) Allowance shall be provided for vessels in need of safe harbor due to severe 389 weather conditions or temporary mechanical issues which may otherwise prohibit 390 a vessel from safely departing a managed anchoring zone 391 392 393 Sec. 26-105. Exemptions. The following exemptions are provided: BI 396 (a) Vessels equipped with only incinerating or composting toilets are not required to 397 provide proof of oumpout as those types of toilets are not designed to be pumped 398 out. However, effluent from those toilets is not allowed to be disposed of in the 399 waters of the No Discharge Zone within the Florida Keys. 400 401 bL1 Stored vessels are not required to provide proof of pumpout 402 403 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or 404 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be 405 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this 406 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, 407 clause, sentence, or provision immediately involved in the controversy in which such 408 judgment or decree shall be rendered. 409 410 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in 411 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal 412 of an ordinance herein shall not repeal the repealing clause of such ordinance or revive 413 any ordinance which has been repealed thereby. 414 415 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of 416 the Secretary of the State of Florida and shall become effective as provided by law. 417 9 418 Section 5, Codification. The provisions of this ordinance shall be included and 419 incorporated into the Code of Ordinances of Monroe County, Florida and shall be 420 numbered to conform with the uniform numbering system of the Code. 421 422 Section 6. Expiration Date. The FWC Pilot Program is scheduled to expire on July 423 1, 2014, unless extended by the Florida State Legislature. This ordinance shall expire or 424 be extended concurrently with the FWC Pilot Program. 425 426 SECTION 2 427 428 Attachments A and B are specifically incorporated herein as mentioned in the text 429 of the ordinance above. 430 SECTION 3 431 432 Severability. If any section, paragraph, subdivision, clause, sentence or provision of this 433 ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such 434 judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, 435 but the effect thereof shall be confined to the section, paragraph, subdivision, clause, 436 sentence, or provision immediately involved in the controversy in which such judgment 437 or decree shall be rendered. 438 439 SECTION 4 440 441 Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict with 442 this ordinance are hereby repealed to the extent of said conflict. The repeal of an 443 ordinance herein shall not repeal the repealing clause of such ordinance or revive any 444 ordinance which has been repealed thereby. 445 446 SECTION S 447 448 Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of 449 the State of Florida and shall become effective as provided by law. 450 451 SECTION 6 452 453 History Notes.This ordinance shall be sent to Municipal Code Corporation to include this 454 ordinance in the history notes along with Ordinance 036-2012 in the Monroe County 455 Code. 456 457 458 459 460 461 462 10 463 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 464 Florida at a regular meeting held on the 20th day of February,2013. 465 466 Mayor George Neugent Yes 467 Mayor pro tem Heather Carruthers Yes 468 Commissioner David Rice yeS 469 Commissioner Danny L. Kohlage Yes 470 Commissioner Sylvia Murphy Yes 471 472 473 MONROX COUNTY BOARD OF COUNTY COMMISSIONERS 474 475 476 Attes�t:7AMY HEAVILIN, CLERK 478 By V By 479 Deputy Clerk Mayor George Neugent ® o � c cu r— r to 1♦ _ V � gM NN COUNTY'A, NEY n PROVED :!�S LQ RM ®` O C� Ds e: W .. w� oo— r i 0 � w �70, w. iQ y� m AS ��f✓ AV Ww- �x .a Ach r a PI l vi„;Hm' t � ti w i a i r t` r a� M r lo �wA r ! 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