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