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Ordinance 023-1984Jerry Hernandez County Commissioner ORDINANCE NO. 023 -1984 AN ORDINANCE OF MONROE COUNTY, FLORIDA REGULATING AND PROHIBITING THE USE, FIRING OR DISCHARGE OF SPEARGUNS IN AND BELOW THE SURFACE OF MAN-MADE CANALS WITHIN THE UNIN- CORPORATED AREAS OF MONROE COUNTY, FLORIDA; PROVIDING A DEFINITION OF THE WORD "SPEARGUN" FOR THE PURPOSES OF THIS ORDINANCE; PROVIDING FOR CERTAIN PENALTIES FOR VIOLATION(S) HEREOF; PROVIDING FOR INCLUSION OF THIS ORDINANCE IN THE MONROE COUNTY CODE OF ORDINANCES AS SECTION 13-10 OF SAID CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING 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 water craft owned by the owners of the adjacent upland lots, and WHEREAS, spearguns, as defined in this ordinance, have the inherent capability of penetrating human flesh causing severe injury or death and the capability of penetrating the hulls or subsurface areas of boats and vessels, causing great damage and the potential sinking of such boats or vessels, and WHEREAS, spearguns, as defined in this ordinance, are capable of firing or discharging the spears or projectiles utilized in conjunction with such spearguns, for a greater distance that the user thereof is capable of seeing in such canals, and that deflection by the oblique striking of hard surfaces, such as rocks, piers or bulkhead, of such spears or projectiles can cause such to go in a direction unforeseen and unexpected by the users of such devices, and WHEREAS, the Board of County Commissioners has determined that the regulation and prohibition of the use, firing or dis- charge of spearguns, as defined in this ordinance, in or below the surface of man-made canals within the unincorporated areas of Monroe County, 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 recreational activities and to protect the valuable boats and vessels commonly parked or tied -up insuch canals, now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Chapter 13 of the Monroe Count Code of Ordi- nances is hereby amended to include the following new Section to be numbered as indicated hereinbelow: "Sec. 13-10. Spearguns. (a) Definition. A speargun is any device whether commercially manufactured or hand- made, which is so designed and constructed so as to be capable of forcefully discharging at great velocity any spear or any similar projectile in a direction determined by the user thereof for a distance greater than two feet (24 inches) whether or not such spear or projectile is tethered to the firing appara- tus or otherwise limited in its range. No distinction shall be made as to the mechan- ical construction or physical means utilized in such devices to create the potential energy necessary to eject or fire such spears or similar projectiles. (b) Prohibited Activity. It is unlawful for any person to use, fire, or discharge any speargun, as defined above, on or below the surface of any man-made canal in the unincor- porated areas of Monroe County. (c) Penalties. Any person convicted of a violation of this Section shall be penalized in accordance with Section 1-7 of the Monroe County Code. In addition, any person con- victed of a violation of this Section, shall forfeit the speargun used by such person in committing such offense to the Monroe County Sheriff for destruction of same by said Sheriff in the same manner as forfeited firearms are disposed of by said Sheriff. 2 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. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 4. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances 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 5. This Ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary 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 ✓ day of1984. (SEAL) Attest: DANNY L. KOLIIAGE, Clerk Clerk ' ADOPTED: FILED WITH SECRETARY OF STATE: EFFECTIVE DATE: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B y Mayor airman APle VEO AS TO FORM A GAL SUFFICIENCY. t 3 Ry Attorney's Office NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN, that on Friday, September 7, 1984, at 10:00 A.M. at the Plantation Government Center, Tavernier, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. -1984 AN ORDINANCE OF MONROE COUNTY, FLORIDA REGULATING AND PROHIBITING THE USE, FIRING OR DISCHARGE OF SPEARGUNS IN AND BELOW THE SURFACE OF MAN-MADE CANALS WITHIN THE UNIN- CORPORATED AREAS OF MONROE COUNTY, FLORIDA; PROVIDING A DEFINITION OF THE WORD "SPEARGUN" FOR THE PURPOSES OF THIS ORDINANCE; PROVIDING FOR CERTAIN PENALTIES FOR VIOLATION(S) HEREOF; PROVIDING FOR INCLUSION OF THIS ORDINANCE IN THE MONROE COUNTY CODE OF ORDINANCES AS SECTION 13-10 OF SAID CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF ANY SUCH CONFLICT; AND PROVID- ING 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 hearing or meeting, 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, which record includes the testimony and evidence upon which the appeal is to be based. DATED at Key West, Florida, this 9th day of August, 1984. DANNY L. KOLHAGE Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (Seal) PROOF OF PUBLICATION AxSERVING THE UPPER KEYS BOX 1197, TAVERNIER, FL. 33070 STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAGNY WOLFF who on oath, says that he is EDITOR Q PURIICbEP of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida; that the attached copy of advertisement, being a LEGAL NOTICE IN THE MATTER OF NOTICE OF TAITENTION TO /"ONSIDER ADOP ON OF COUNTY ORDINANCE in the Court, was published in said newspaper in the issues of 8-16, 23-84 Affiant further says that the said REPORTER s newspaper published at Tavernier, in said Monroe Coi NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE Florida, and that the said newspaper has heretofore . NOTICE HEREBY GIVEN TO WHOM -IT MAY CONCERN, that on Friday, i continuously published in the said Monroe County, F September 7 1984, at 10 AM at the Plantation Government Center, Tavernier, Monroe Coun Florida, the Board of County Commissioners of Monroe County, each week (on Thursday), and has been entered as se Florida, intend consider the adoption of thefollowingCounty0rdinance: • ORDINANCE N0. -1984 I class mail matter at the Post Office in Tavernier, AN ORDINANCE OF MONROE COUNTY. FLORIDA REGULATING AND County of Monroe Florida for a period of one year PROHIBITING THE USE, FIRING OR DISCHARGE OF SPEARGUNS IN AND P Y BELOW THE SURFACE OF MAN MADE CANALS WITHIN THE preceding the first publication of the attached c0 UNINCORPORATED AREAS OF MONROE COUNTY, FLORIDA; p g p P: PROVIDING A DEFINITION OF THE WORD "SPEARGUN" FOR THE ' advertisement; and affiant further says that he has, FOR VIOLAOSES TION THISORDINANCE;HEREOF; PROIDINGFOR INCLUSION OF TIES Y FOR VIOLATION (S) HEREOF; PROVIDING FOR INCLUSION OF THIS ORDINANCE IN THE MONROE COUNTY CODE OF ORDINANCES -AS paid nor promised any firm, person, or corporation f SECTION 13-10 OF SAID CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES discount, rebate, commission or refund for the purp( OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF ANY SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. securing this said advertisement for publication inj 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 said newspaper. considered at such hearing or meeting, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the t proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. DATED at Key West, Florida, this 9th day of August, 1984. 3 Danny L. Kolhage I Clerk of the Circuit Court SWORN TO AND S /CRIBED-BEFORE ME- THIS of and eCioCleounty, Circuit. — _ and ex officio Clerk of the ! DAY O F AUGUST A.D.', 1984 Board of County Commissioners ofMonroeCOunt orida —--------- Published: 8/16 & 8123/84 The Reporter • i ���-�'�/ Tavernier, FL 33070 - "NOTA PUBI7I G `-_— �- OTf�RY'PUBLIC STATE OF 'FLORIDA MY COMMISSION EXPIRES: My1 ZOMMISSION FXPIRFS ARP 2 7987 BONDED THRU GENERAL INSURANCE UND JWPROOF OFF-PUBLI THE FLORIDA KEYS KEYNOTER Published Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared Mary Lou N e i s h , who on oath, says that he is Manager of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in Monroe County, Florida; that the attached copy of advertisement, being a BI n +• i r o o f T n t P n t i on INTHEMATTEROF To consider Ordinance controlling Spearguns in the Court, was published in said newspaper in the issues of A ii 1 F, i 1 c3 R 4 Affiant further says that the said FLORIDA KEYS KEYNOTER is a news —SATrJ" c.t�Ut PROVIDING NANCES, NOTICE OF—^-�j I FOR SEVERARILITY, ! THE` INTENTION TO ' thon, in said Monroe County, Florida, and that the said newspaper has here) PROVIDING FOR I - REPEAL OF ALL ORDI- NANCES - OR_ PARTS OF CONSIDER ADOPTION OF COUNTY ORDINANCE published in said Monroe County, Florida, each week (on Thursday) and has THE EXTEN I Ln: .. . SUCH CONFLICT • AND I PROVIDING FOR AN -EF- FECTIVE DATE Pursu- class mail matter at the post office in Marathon, in said Monroe County, Flo ant to section 285.0105, Florida Statutes; notice is given that if a person decided to appeal any I decision, made by the Board year next preceding the first publication of the attached copy of advertise) with- respect to any matter such hearing or l meeting he -will, need a recora I proceedings, may need nance: says that he has neither paid nor promised any person, firm, or corporation ani for such _I to ensure that a verbatim mrec- ord of the proceedings is ade, AN* which record;includes,the testi- mission or refund for the purpose of securing this advertisement for publication monv and evidence upon which F O the appeal is to be based. Flori- DATED at Key West, Flori- August, ,UN da this 91h day' of CHA DANNY L. KOLHAGE G P 119144. Clerk of the Circuit Court of Monroe County, Florida WITI and ex officio Clerk . of. the Board of County Commissioe - F p rs (SEAL) of Monroe Co9ugnty, Florida DEF -- !Publish: Aug. 16, WOF - Florida Keys Keynoter FOR Ti415 SWORN TO AND SUBSCRIBED BEFORE ME THIS PEN TIOI, - VIDI DAY OF A.D. 19 TTHE - e I COD AS.— JqOTARY PUBLIL blAILU ,a My COMM I S51 ON EXP I RES MAY '31 19 8 9 nn"I"tr7 THP.I I C;FNFRAI- INSUP.ANCE UNi at I PROOF OF."PUBLICATION THE FLORIDA KEYS KEYNOTER Published Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared Ma ry T,o11 N(M-i sh , who on oath, says that he is Office Manager of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in Monroe County, Florida; that the attached copy of advertisement, being a Notice of Intention IN THE MATTER OF To consider Ordinance Controlling kSpear uns in the newspaper in the issues of A 11 g_ 1 0., 1984 Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each week (on Thursday) and has been entered as second class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one year next preceding the first 'publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publ (SEAL) SWORN TO,AND SUBSCRIBED BEFORE ME THIS DAY OF = - A.D. 19 r . TARY PUBLIC STATE OF FLORO MY COMMISSION EXPIRES MAY'31 19g7 BONDED T.Ll l cl:X11DA. ,.._— con - a DATED at Key West Flori- da this. 9th day of August, 19A4. DANNY L. KOLHAGE `- Clerk of the Circuit Court OF Monroe County, Florida and ex officio Clerk of the Board of County Commission - of Monroe County, Florida Publish: Aug. 3'4 1984 Florida Keys Keynoter Court, was published in said - - " `NOTICE OF-- ItkTENTIONJO`` I 'CON -51DER ADOPTION OF.CO-bNTY.- _ ORDINANCE--—-, - . NOTICE IS HEREBY -GIVEN-_ TO WHOM IT 'MAY. CON- CERN, that on Friday Sep--•= tember 7, -1984, at 10:00 A.N1:>W "Yhe. Plantation Government - Center,-, Tavernier. -' Monroe Couhly, :Florida..atfe Board of Counfv ' Commissioners of Monroe—Cou,nly, Florida' in tendsto consider the ad ion r..ofAhe following -County Ordi 4 nance: Ordinance No. -19.84 PR00E-0E-'k1U ICCATlUN THE KEY TtTEST CTTT'" ;td k_ j.r.'::1' Ai)S_'G•� :i>..'7 IT! 07r-i-.Ic 33040 STATE OF iIOicIDA) ss. C`J ..ivy Y OF jN&NTP.()E) Dr��r-•Te _?' J G��--+C� �7}Y Z,.�Yity ;�(✓[ G „7 �zy ���L L �C�. .......... .. . ....-[c�•....QlC?t.4._..:Y• , S.i'1+l on say: _gat ?.ia is ............. �dver�ismg Nlanag �� �� e.•. •••••re•••.•.e•e.•o. r.c•..•Uf _,1 a tt.Y3 W :9:ii.l_ei', a . i daily newEpapeF_ ,t: Key 10'�7,t i.c 16fo-.roe County, Florida;. thU... t.1�- at.l:.wched copy of heir.E-•. a cy/ J4-4414 &a�* 410'hlt 61 1�1 iii the me ttei Of TION OUNTY ORDIfy11lW •• Commissioners u Of Monroe Countyy, Florida; intends to consider the adoption of the following . County Ordinance: ORDINANCE NO.-1984 I AN ORDINANCE OF -.. MONROE COUNTY, hFLORIDA, was sal-d_I•=TRt-,,Taper in tbp.. iSS:tn3 of REGULATING AND PROHIBITING THE USE, FIRING OR. ` DISCHARGE (jL SPEARGUNS IN AND BELOW THE SURFACE OF MAN-MADE - _���. c^ c t,A 1 n T�a� , o CANALS WITHIN THE i-_-�_'-b,<.r . .y_ that t_... said i t Kay Giro•: C ti.Cj UNINCORPORATED REAS OF `c•i `a�_:c_ f : '.: !",Oy WeS`:, ill, CO.',.(;. CC(17-1—Y, Flo COUNTY, FLORIDA; L�l 'C' CcL' _ix - =:'t` ;a35 1.tr: r .r,..=` . C: iJ� eI1 = )11� '_. iv:riii� ' '7 p'i DEFOINI ING OF THE i�. :,?=.d I',Y;;:,,_ •,�_. ,:-,-:::: 3'1 �_a_ : ,_ a_:a.,_:. ail;r_1E'7CCL';,:� ,_::':::L'c� =.,,;,�� WORD •�SPEARGUN" .i. FOR THE' PURPOSES. b C! entt_xc:c: a, _ . ..))1, C:i_::SS '!. t ?:{'' at th:a :c;! C• P OF THIS ORDINANCE;- ` , PROVIDING FOR VT& !. � in sc" I1� :�.i'.;' ;:r: C•V „il V, - .i% ' � :Ol' a pi i'i nr O U:1e ' CERTAIN PENALTIES' t:::' d ' HEREOFFOR ; PROVIDING pza;.FF"ding th" first .�i-ic::�`i<:;.. :�� ... attached copy c ad FOR INC LUSION OF ?'' i"a%d af:'i:,.nt tux% .nr sa- :;:a neith=�z n8.']:; ...-;_+THIS ORDINANCE IN �� THE MONROE COUNTY M OC ...... ?i':atlou :.".`; :•_u 2At, '};e�>it=:d:r t:`':';f CODE OF ORDINANCES AS wi� o, LjYi �� this A-dvertl -gaent 1'v �+ SAID ECODE OFOOR "a DINANCES; PROVIDING FOR. SEVERABILITY; PROVIDING FOR THE i U1'f ?_ 1987, L REPEAL OF ALL OR-'- V DINANCES OR PARTS' `C* - nil I,+�UPANG!;LlI�I .• OF ORDINANCES IN I,l.0 C..I1 — • • • • • •CONFLICT HEREWITH TO THE EXTENT OFF ANY SUCH CONFLICT- (SL) AND PROVIDING FOR ` r /f AN EFFECTIVE DATE. .12 Pursuant to Section tc.+,yarn .ta-atr� sui�srrih-laefore me-thisr.... .�+r+r444...•+++..... 286-0105,FloridaStatutes, notice is given that if a day- a .. .. .. .. , A.D. 19 person decided to appeal I any decision made by the I Board with respect to any _ matter considered at'such hearing or meeting he ' • ...... o .. K . .. .......... Jwill need a record of the . V proceedings, and that, for such purpose, he may need _to ensure that a verbatim record of the proceedings is made,- Iwhich record includes the testimony and evidence, upon which the appeal is to be based. DATED at Key West, Florida, this 9th day of 1,August,19.84. DANNY L. KOLHAGE Clerk of the Circuit Court of Monroe County, ,[!� iFlorida r + + Land ex off!cio Clerk of the' Board.!Ru' ty Com= p issioners l ; of Monroe County, Florida August 16, 30, 1984 . r 1 'THE Sr4l � - a 4 '~coo . ( FLORIDA DEPARTMENT OFSTATE September 20, 1984 George Firestone Secretary of State Honorable Danny L. Kolhage Clerk of Circuit Court 500 Whitehead Street Key West, Florida 33040 Attention: Rosalie L. Simmons Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of September 18 and certified copy/ies of Monroe County Ordinance/s Nos. 84-23 2. Certified copy/ies of Ordinance/s relative to: (a) a] which we have numbered which we have numbered County 3. This/these ordinance/s has/have been filed in this office on September 20, 1984. 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely, (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws FLORIDA-State of the Arts