Ordinance 037-1985
..
Commissioner Edwin 0, Swift, III
ORDINANCE NO, 037-1985
AN ORDINANCE OF MONROE COUNTY, FLORIDA
REGULATING AND PROHIBITING THE DIVING,
TRAPPING AND GATHERING OF LOBSTERS IN AND
BELOW THE SURFACE OF MAN-MADE CANALS WITHIN
THE UNINCORPORATED AREAS OF MONROE COUNTY,
FLORIDA; PROVIDING FOR CERTAIN PENALTIES FOR
VIOLATION(S) HEREOF; PROVIDING FOR INCLUSION
OF THIS ORDINANCE IN THE MONROE COUNTY CODE
OF ORDINANCES AS SECTION 13-7 OF SAID CODE OF
ORDINANCES; PROVIDING FOR SEVERABILITY; PRO-
VIDING FOR THE REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH TO
THE EXTENT OF ANY SUCH CONFLICT; AND PROVID-
ING AN EFFECTIVE DATE,
WHEREAS, the unincorporated areas of Monroe County, Florida,
contain numerous man-made canals which are immediately adjacent
to both residential and business properties throughout the
inhabited islands known as the Florida Keys; and
WHEREAS, these man-made canals are often used as swimming,
boating and recreational facilities by the citizens of Monroe
County, Florida, and their guests and are used, in addition, as
tying-up or parking areas for valuable watercraft owned by the
owners of adjacent upland lots; and
WHEREAS, the diving, trapping and gathering of lobsters
disturb the natural sea flora and life growing on and about the
bottoms and sides of the canals, interfering with natural cycles
of the sea life; and
WHEREAS, the Board of County Commissioners has determined
that the regulation and prohibition of diving, trapping and
gathering of lobsters, i.n or below the surface of man-made canals
within the unincorporated areas of Monroe County, Florida, is
necessary and incumbent upon said Commission in order to protect
the health, safety and welfare of the citizens of the County
while utilizing such canals for swimming, boating and recreation-
al activities and to protect the valuable vessels commonly
tied-up in such canals, now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1, The Code of Ordinances of the County of Monroe,
Florida, is hereby amended by adding a new section to be numbered
13-7(a), (b) and (c) which shall read as follows:
"Section 13-7(a) Prohibited Activity,
It is unlawful for any person to dive for lobster,
place or retrieve lobster traps or gather in any
fashion lobsters on or below the surface of any man-
made canal in the unincorporated areas of Monroe
County, Florida, It shall not be unlawful for any
property owner to dive for lobster, place or retrieve
lobster traps or gather lobsters in any fashion on or
off property which they own, That such diving and/or
collection shall be restricted strictly to waters
abutting one's own property.
(b) Penalties, Any person convicted of a violation
of this Section shall be penalized in accordance with
Section 1-7 of the Monroe County Code. Enforcement of
this Ordinance may be made by any appropriate enforce-
ment officer of Monroe County, the State of Florida, or
any other agency so empowered.
(c) Man-made canals shall include basins, where the
basin itself is surrounded by private properties.
Section 2, 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, The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinance of the County
of Monroe, Florida, as an addition or amendment thereto and shall
be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 4, All ordinances or parts of ordinances in con-
flict herewith are hereby repealed to the extent of such con-
flict,
Section 5. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
2
of State of the State of Florida that this Ordinance has been
filed with said Office,
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 20th day of
December
, A,D, 1985,
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY: ... ..- -- -'
Mayor/Chairman
(SEAL)
Attest:
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tJJerk
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BRANCH OFFICE
;;117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852.9253
December 31, 1985
C E R T IF IE D MA I L
RETURN RECEIPT REQUESTED
Mrs, Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs, Cloud:
The Board of County Commissioners at a regular meeting in formal
session on December 20, 1985 adopted Ordinance No, 037-1985,
Enclosed please find a certified copy of this Ordinance,
Please file for record,
Very truly yours,
Danny L, Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of County Commissioners
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Enclosure
cc: Municipal Code Corp,
County Attorney
F i 1 e
FLORIDA DEPARTMENT OF Sf ATE
George Firestone
Secretary of State
January 8, 1986
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Simmons, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provlslons of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of letter/s of Dp-rp-mhp-r ~1, 1qRS
and certified copy/ies of Monrop-
County Ordinance(s) 85-36 and 85-37
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
which we have numbered
3. We have filed thi~ithese ordinance(s) ln this office
on .T::lnll::lry R, 1986.
4. The original/duplicate copy/ies showing the filing
is/are being returned for your records.
Cordially,
(zmi~chief
Bureau of Administrative Code
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DATE:
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ACKNOWLEDGMENT
January 14, 1986
Monroe County, Florida
(Supplement No. 25)
We are in receipt of the following material which will be con-
sidered for inclusion in the next Supplement to your Code:
Ordinance Nos. 028-1985 through
034A-1985, 036-1985, 037-1985
Please advise the date of adoption
for Ordinance No. 028-1985.
Thank you for your assistance and cooperation.
f~ fM~
Robert L. Laslie
Vice President - Supplements
Municipal Code Corporation
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