Ordinance 031-2002 Marine Resources
ORDINANCE NO. 031 2002
AN ORDINANCE OF THE MONROE COUNTY BOARD OF COMMISSIONERS
MAKING MINOR REVISIONS FOR CONSISTENCY,ADDING A DEFINITION
ARTICLE, AND CONSOLIDATING NUMEROUS ARTICLES CONCERNING
REGULATORY ZONES IN CHAPTER 5.5 MONROE COUNTY CODE (BOATS,
DOCKS, AND WATERWAYS), PROVIDING FOR SEVERABILITY,
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE,
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, it is in the interest of the County and its citizens to have consistent and easily read
ordinances;and
WHEREAS,this Ordinance seeks to consolidate eighteen sections of Chapter 5.5, Boats,Docks,
and Waterways and to add a definition article;now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, MONROE
COUNTY,FLORIDA THAT the following revisions are made to Chapter 5.5,Monroe County Code:
Section 1. Eliminate Articles II through XVIII and Article XXI and consolidate them as revised in
Article V,identified in Section 6 below.
Section 2. Renumber Article I as Article II,utilizing and/or reserving Sections 5.5-16—5.5-45.
Section 3. Renumber Article XIX as Article III,utilizing and/or reserving Sections 5.5-46—5.5-75.
Section 4. Renumber Article XX as Article IV,utilizing and/or reserving Sections 5.5-76—5.5-105.
Section 5. Insert a new Article I to read:
Article I. Defmitions pertinent to chapter 5.5
Sec.5.5-1: Defmitions:
(a) Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting,
emptying or dumping.
(b) Floating Structure—as defined in 327.02 (9), F.S., means a floating entity, with or without
accommodations built thereon, which is not primarily used as a means of transportation on
water but which serves purposes or provides services typically associated with a structure or
other improvement to real property. The term,"floating structure,"includes but is not limited
to, each entity used as a residence, place of business or office with public access, hotel or
motel, restaurant or lounge, clubhouse, meeting facility, storage or parking facility, mining
platform, dredge, dragline, or similar facility or entity represented as such. Floating
structures are expressly excluded from the definition of the term "vessel." Incidental
movement upon water or resting partially or entirely on the bottom shall not, in and of itself,
preclude an entity from classification as a floating structure.
A commercial establishment authorized by a licensed vessel manufacturer as a dealership
shall be considered a marina for non judicial sale purposes.
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(c) Houseboat-means a vessel or other floating structure which,for a period of time determined
by the State in which the vessel is located, is used primarily as a residence and is not used
primarily as a means of transportation. See also 327.02,F.S.
(d) Idle speed/no wake means that a vessel cannot proceed at a speed greater than that speed
which is necessary to maintain steerage.
(e) Liveaboard vessel means:
(1) Any vessel used solely as a residence;
(2) Any vessel represented as a place of business, a professional or other commercial
enterprise,or a legal residence,except for commercial fishing vessels;
(3) Any vessel with a person or persons living aboard that is anchored,moored, or docked in
the same location for seventy-two(72)consecutive hours is presumed to be a live-aboard.
(f) Man-made water body means a water body that was created by excavation by mechanical
means under human control and shall include a canal,cut basin,or channel where its edges or
margins have subsequently been modified by natural forces (See Definitions, Chapter 9.5-4
(M-4).
(1) For the purposes of this chapter, such water bodies may have natural components, for
instance a channel or canal may have been dredged such that the dredge material was
used to create land on one side, but not the other, thus leaving a relatively natural
shoreline on the opposite side.
(2) Also for the purposes of this chapter,the man-made water body must have "Buildings,"
as defined in Chapter 9.5-4 (B-9), along its shoreline to be applicable. If buildings are
not present on a given shoreline on the date of adoption of this ordinance, but such
buildings are constructed at a later date, then this ordinance becomes effective at that
time.
(g) Marine sanitation device— as defined in F.S. 327.02 (20) "Marine sanitation device" means
any equipment other than a toilet, for installation on board a vessel, which is designed to
receive, retain, treat, or discharge sewage, and any process to treat such sewage. Marine
sanitation device Types I,II,and III shall be defined as provided in 33 C.F.R.part 159.
(h) Mobile pump-out vessel means any vessel capable of pumping out and receiving human body
wastes and other effluent contained in marine sanitation devises installed aboard other
vessels.
(i) Motorboat means any vessel, which is propelled or powered by machinery and which is
capable of being used as a means of transportation on water.
(j) No Discharge Zone means any of the areas located within State waters within the boundaries
of the Florida Keys National Marine Sanctuary, as identified in Federal Register Notice 66:
144, pp 38967-38969, promulgated on 26 July 2001, and as shown in Attachment A of this
Ordinance.
(k) No motorboat zone means that no person shall operate a motorboat, by use of its motor or
engine, in any area spatially defined as"No Motorboat Zones"and which is so identified as a
no motorboat zone by appropriate signage.
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(1) Owner means the individual, other than an individual aboard a public vessel, in actual
physical control of a vessel. Owner also means a person, other than a leinholder, having the
property in or title to a vessel. The term includes a person entitled to use or possession of a
vessel subject to an interest in another person, reserved or created by an agreement and
securing payment of performance of an obligation, but the term excludes a lessee under a
lease not intended as security.
(m)Person means an individual, partnership, firm, corporation, association, or other entity, but
does not include an individual on board a public vessel or the owner of a public vessel.
(n) Public vessel means a vessel owned or a bareboat chartered and operated by the United
States,the State of Florida, Monroe County, or by a foreign nation, except when such vessel
is in commerce.
(o) Pump-out station means a facility that pumps or receives human body wastes and other
effluent out of marine sanitation devise installed on board vessels.
(p) Slow speed/minimum wake means that a vessel must be fully off plane and completely settled
into the water. It must not proceed at a speed greater than that which is reasonable and
prudent to avoid the creation of an excessive wake or other hazardous condition under the
existing circumstances. A vessel that is:
(1) Operating on a plane;
(2) In the process of coming off plane and settling into the water or coming up onto a plane;
or
(3) Operating at a speed that creates a wake which is unreasonable or unnecessarily
endangers other vessels;
is not proceeding at a slow speed/minimum wake.
(q) Sewage means human body wastes and wastes from toilets and other receptacles, including
approved marine sanitation devises(MSD)intended to receive or retain body wastes,whether
treated or raw.
(r) Vessel is synonymous with boat as referenced in Article VII, section 1(b), Florida
Constitution (1968), and includes every description of watercraft, barge, and airboat, other
than a seaplane on the water, used of capable of being used as a means of transportation on
the water.
(s) Water Borne Craft or Structures Subject to Density Allocation and Wastewater Management
Requirements (Water-borne Craft) encompasses any of the following defmitions, houseboat,
floating structures, liveaboard vessel, and vessel as defined in this chapter and Chapter
327.02,F.S.when the object of such definitions is being occupied in a manner that would be
construed as either a residential or business purpose which would normally require
wastewater facilities. Such occupation, be it residential or commercial in nature, could
involve either long term or short term tenancies and typically would involve occupancy
including habitation, eating, sleeping, bathing, and or a business functions where the
occupant were aboard the water borne craft for several hours per day.
Water-borne craft may as a matter of course occupy a dry slip, wet slip, or mooring as
defined in this chapter and exist in a marina, marine facility, mooring field or other location
within or on waters of this state as defined in this chapter.
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Water-borne craft are subject to a density allocation commensurate with the district it
occupies and is to be calculated as the equivalent of one density unit. Water borne craft are
subject to wastewater management requirements as defined in Chapters 5.5 and 9.5 of this
Code.
Section 6. Insert a new Article V to read:
Article V. Vessel Restricted Areas located within the Waters of Monroe County,Florida
Sec.5.5-106: Purpose:
(a) It is the purpose of this section of the Monroe County Code to define areas that have or may
have vessel restricted zones. These zones can be Idle Speed/No Wake areas, Slow
Speed/Minimum Wake areas,motorboat restricted areas, or areas in which vessel is restricted
amongst other forms of restriction to boat size, speed,or activity.
Sec.5.5-107: Definitions
(a) Definitions shall apply as provided in Article I of this chapter or are referenced from other
chapters as appropriate.
Sec.5.5-108: Boat Restricted Zones Established
(a) Idle Speed/no wake zones: No person shall operate a vessel in the following areas spatially
defmed as "Idle Speed/No Wake Zones" at a speed in excess of idle speed/no wake as
defmed in this chapter.
(1) Summerland Key Channel: To include an area within 300 feet of shore along the
southwest shore of Summerland Key, running contiguous with the shorelines of
Summerland Key Cove and Summerland Cove Isles subdivisions.
(2) Ocean Reef Club:
(i) Bayside: To include an area between 300 feet of shore along the northwest shore
of North Key Largo running contiguous with the shoreline of Snapper Point
subdivision, Ocean Reef Club, within the navigation channel which parallels the
shoreline. Includes all internal canals of Snapper Point subdivision.
(ii) Oceanside: To include all residential canals in Angelfish Cay, all residential
canals in Channel Cay, and the portion of Little Angelfish Creek adjacent to
Angelfish Cay.
(3) Riviera Canal: To include the area of Riviera Canal, Key West, running from Cow Key
Channel to the west,until it turns approximately 90 degrees to the north..
(4) Jolly Roger Estates,Little Torch Key: To include an area running parallel to the eastern
shore of Jolly Roger subdivision approximately 300 feet offshore and within the deep
navigation canal parallel to the subdivision shoreline. To include the northernmost canal
(running east-west)leading into the internal subdivision canals.
(5) Sombrero Beach: To include the area at the west side of Sombrero Beach extending to
the west side of the navigation canal,bounded at its southern extreme by Day Beacon No.
6.
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Marine Resources
(6) Safety Harbor: To include an area contiguous to and extending approximately 300 feet
from the residential shorelines of Safety Harbor and Toll Gate Shores,within the existing
deeper parallel navigation channel.
(7) Community Harbor: To include the area within the bounds of Community Harbor,
Tavernier, Key Largo and extending in an arc from either side of the mouth,just outside
the bounds of the Harbor.
(8) All Man-made Water Bodies: To include all man-made water bodies, as defined in this
chapter,within the waters of Monroe County,Florida.
(9) Dove Creek: From the open water of the Atlantic/Hawk's Channel,the eastern section of
Dove Creek to the western end of Dove Creek subdivision and including the Dove Creek
subdivision residential canal.
(b) Slow speed/minimum wake zones: No person shall operate a vessel in the following areas
spatially defined as "Slow Speed/Minimum Wake Zones" at a speed in excess of slow
speed/minimum wake as defined in this chapter.
(1) Snake Creek: To include an area beginning at the north side of the Snake Creek Bridge
extending northward the entire length of the Creek, 100 feet from the shore of Venetian
Shores subdivision,Plantation Key.
(2) Vaca Cut: Extending the length of Vaca Cut, Marathon from the regulatory marker
located approximately 1,250 feet south of the Vaca Cut Bridge to the regulatory markers
located approximately 800 feet north of the Vaca Cut Bridge.
(3) Whale Harbor: To include the area just north of the Whale Harbor Bridge and extending
south the length of the Whale Harbor navigation channel to ATON number 1.
(4) Boot Key Harbor and Sister's Creek: To include all waters within Boot Key Harbor
including contiguous creeks and man-made canals, and including approaches to the
Harbor from the West beginning at Day Beacon No. 7 and from the South, Sister's Creek
beginning at Day Beacon No.4.
(5) Cow Key Channel: To include Cow Key Channel north of the Cow Key Channel Bridge
at U.S. Highway 1 and ending at Day Beacon No 11, south of the Cow Key Channel
Bridge.
(c) No motorboat zones: No person shall operate a motorboat in the following areas spatially
defined as"No Motorboat Zones."
(1) Key West:
(i) Smathers Beach: To include an area parallel to the shore along Smathers Beach
running 600 feet offshore.
(2) Harry Harris Park: To include an area parallel to the shoreline extending the length of
Harry Harris Park, Tavernier, Key Largo extending to the west to include the five
contiguous lots of Ocean Park Village and extending approximately 450 feet offshore.
(3) Dove Creek and Dove Lake: To include the western end of Dove Creek from the west
end of Dove Creek subdivision to the mouth of Dove Lake and the entire area of Dove
Lake.
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Marine Resources
(d) Oversized Vessel Regulations. Reserved.
(e) Viewable map of zones: Viewable maps of each of the zones noted in this section are
available at the Monroe County Department of Marine Resources.
Sec.5.5-109: Vessel Use Restriction Zone Delineation Markers
(a) The Vessel Use Restriction Zones established in Section 5.5-108 shall be marked on the
waters using the U.S. Coast Guard and State of Florida uniform regulatory markers in
accordance with applicable state and federal laws and regulations.
(b) Special requirements apply to markers for all man-made water bodies, which require that
signs describing the idle speed/no wake boating restricted area set forth in Section 5.5-108(a)
(8) must be posted: (1) along U.S. Highway 1 near the county border and at least four (4)
other locations along U.S.Highway 1.From the Upper Keys to the Lower Keys;(ii)posted at
public boat launching ramps; and (iii) at marinas whose operators wish to post such signs.
The posted signs must be in accord with applicable state and federal laws and regulations. If
any regulatory markers are placed in man-made water bodies,as deemed in this chapter,those
markers must be in accord with applicable state and federal laws and regulations.
Sec.5.5-110: New Vessel Restricted Areas
(a) New Vessel Restricted Areas,as identified by type in Section 5.5-108 (a),(b),(c),or(d),may
be approved by the Board of County Commissioners at a properly noticed and advertised
meeting of said Board, by Ordinance, in a single hearing held within the area most affected
by the proposed Vessel Restricted Area. The type of vessel restricted area and the boundaries
of the area shall be provided in any proposed additions to the Chapter.
Sec.5.5-111: Hold Harmless Agreement Authorized
(a) As a condition for the issuance of a permit from the Division of Law Enforcement of the
Florida Fish and Wildlife Conservation Commission (hereinafter "department") for the idle
speed/no wake, slow speed/minimum wake, no motorboat, and other applicable zones,
described in Section 5.5-108, the County hereby consents and agrees to hold the department
harmless from fault with respect to any claims arising from alleged negligence in the
placement, maintenance, or operation of the department approved markers. The mayor is
authorized to sign and execute an agreement to that effect with the department if required by
the department's rules or procedures.
Sec.5.5-112: Penalties
(a) Any person cited for a violation of this Article shall be deemed charged with a non criminal
infraction, shall be cited for such an infraction,and shall be cited to appear before the County
Court. Citations shall be issued pursuant to § 327.74,F.S. (uniform boating citations)by any
law enforcement agency authorized to issue such citations. The civil penalty for any such
infraction is fifty dollars($50.00),except as otherwise provided in this section.
(1) Any person cited for an infraction under this section may:
(i) Post a bond,which shall be equal in amount to the applicable civil penalty; or
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(ii) Sign and accept a citation indicating a promise to appear.
(2) The officer may indicate on the citation the time and location of the scheduled hearing
and shall indicate the applicable civil penalty.
(3) Any person who willfully refuses to post a bond or accept and sign a summons is guilty
of a misdemeanor or the second degree.
(4) Any person charge with a non criminal infraction under this section may:
(i) Pay the civil penalty, either by mail or in person within ten(10) days of the date
of receiving the citation,or
(ii) If he/she has posted bond, forfeit bond by not appearing at the designated time
and location.
(5) If the person cited follows either of the above procedures,he/she shall be deemed to have
admitted the infraction and to have waived his/her right to a hearing on the issue of
commission of the infraction. Such admission shall not be used as evidence in any other
proceedings.
(6) Any person electing to appear before the County Court or who is required to appear shall
be deemed to have waived the limitations on the civil penalty specified in subsection(a).
The County Court, after a hearing shall make a determination as to whether an infraction
has been committed. If the commission of an infraction has been proven, the County
court may impose a civil penalty not to exceed five hundred dollars($500.00).
(7) At a hearing under this chapter the commission of a charged infraction must be proven
beyond a reasonable doubt.
(8) If a person found by the County Court to have committed an infraction, he/she may
appeal that fmding to the Circuit court.
(9) Failure to pay fmes within thirty (30) days shall be punished as a secondary
misdemeanor.
Sec.5.5-113: Exemptions
(a) This article shall not apply in the case of an emergency or to a patrol or rescue craft.
Sec.5.5-114: Secs.5.5-114—5.5-135-Reserved
Section 5. Severability. 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 6. Repeal of inconsistent ordinance clauses. All Ordinances or parts of Ordinances in
conflict with this Ordinance are hereby repealed to the extent of said conflict.
Section 7. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County of Monroe,Florida,as an addition
to amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
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Section 8. Effective date. This Ordinance shall be filed with the Office of the Secretary of State
of the State of Florida,and will take effect upon receipt by that agency.
PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular
meeting of said Board held on the 20th day of November ,A.D.,2002.
Commissioner McCoy yes
Commissioner Nelson y e s
Commissioner Neugent y e s
Commissioner Rice yes
Commissioner Spehar yc c
(S ),x s BOARD OF COUNTY COMMISSIONERS
A i D.A ;7 It', l; GE,Clerk OF MONROE CO TY,FLORIDA
]3 `` 'B .ri _1 Q�Y(.�-� By --
k A be�ilf g'•rle < �, Mayor Ch erson
APPROVED AS TO FORM
A GA CY.
Cat N
C ROBERT
C.) N DATE .�Z
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SENDER: COMPLETE THIS SECTION COMPLET'THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also comple - A. Si.- .'ure
item 4 if Restricted Delivery is desired. Agent
a• Print your name and address on the rev_ ` /del fir ❑Addressee _,
so that we can return the card to you. .,-,eived by(Print-. ame) C. Date of De ivery
• Attach this card to the back of the mailpiece,
or on the front if space permits. /'. C ri MIA) , ��57
►- Is delivery address different from item 19 ❑ es
1. Article Addressed to: If YES,enter delivery address below: ❑ No
Municipal Code Corporation
P. O. Box 2235, ,.
Tallahassee, FL 32316-2235 3. service Type
Certified Mail 0 Express Mail
0 Registered 0 Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number :1 7002 203g. Q11Q1-� 2 6 6 8i
(Transfe from service label)ISett ;, : .
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
•
U.S. Postal Service,. S
CERTIFIED MAILTM RECEIPT
co (Domestic Mail Only;No Insurance Coverage Provided)
For delivery information visit our website at www.usps.come
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PS Form 3800,June 2002 See Reverse for Instructions
•
SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signature '
item 4 if Restricted Delivery is desired. � GRACIE PENTON ❑Agent , .
• Print your name and address on the reverse -r"tir_n n r--rn r-k w-,- _ __■ Addressee
so that we can return the card to you. B. Received by(Printed kernel 5 C. ltJatre of Delivery
• Attach this card to the back of the mailpiece, R F ,F I�••1 E f
or on the front if space permits.
D. Is deliveryr address.different from item 1? 0 Yes
1. Article Addressed to: 0 I�YEVenter;lglivery$ddress below: 0 No
)epartrnent of State rr,I '`
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3ure4u of Administrative Code The Collins Building ,
107 West Gaines Street, Suite L43 3. 'Se ice Type •
Tallahassee, Florida 32399-0250 Q Certified Mail ❑ Express Mail
❑ Registered 0 Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes ,
• 2. Article Number
(Transfer from service label, 7002 2030 0001 2668. 7880
i
•i PS Ftit drm 3811;Augbst 2001 i 1 4 1 I,Domestic Return Receipt 102595-02-M-tsar
•
•
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PS Form 3800,June 2002 See Reverse for Instructions
0
Iii FLORIPA KET3Im--,
KEYNOTES f noNOTICE-OFINTENTION-
• TO CONSIDER ADOPTION-
•
"OF COUNTY ORDINANCE'
Published Twice Weekly .NOTICE
WHOM To
Marathon, Monroe County, Florida on,Weiinesday,November 20, O� /- QU�
_ 2002 at 3:00 PM at the'Key
-Largo' -,Library,. TradKrinds
Shopping Center, Key •Largo,
'Monroe County, Florida, the
PROOF OF PUBLICATION -Board,t.f County Commission=
ers of-Monroe County;Florida,
. intends to consider the adop-
tion of the following County or,
dinancef -
STATE OF FLORIDA ,°ANORDINANCEOFTHE.MON-
`ROE' -.COUNTY BOARD- OF
COUNTY OF MONROE • COMMISSIONERS - MAKING
_MINOR REVISIONS FOR CON-
--SISTENCY;ADDING A DEFINI-
.TION ARTICLE; CONSOLIDAT-
ING NUMEROUS. ARTICLES
Before the undersigned authorityperson- -'CONCERNING REGULATORY
g P - ZONES IN CHAPTER 5.5-MON-
all appeared WAYNE MARKHAM who on -ROE COUNTY CODE.(BOATS,
y PP 1 PROVIDING -
DING D FOR SEVERABILI
oath, says that he is PUBLISHER of the i -TY;-PROVIDING FOR THE RE-
FLORIDA KEYS KEYNOTER, a twice - PEAL-OF
ENILTORDINANCES
HEREWITH;
PROVIDING FOR INCORPORA-
weekly newspaper published in Marathon, ',TION _INTO THE .MONROE
.COUNTY- CODE---OF;;ORDI-
in Monroe County, Florida: that the NANCES;AND PROVIDING AN
EFFECTIVE DATE .
attached copyof advertisement was - .--
Pursuant to'Section 2S6:01,05;
published in said newspaper in the issues Florida statutes,notice is given
that:if a person'decidesto'ap-
of: (date(s) of publication) peal any decision made:by the
Board-with.respectto any-mat-Att(iciu
,ter considered at the hearing,he
^ � will,need.a:record-of-the.pro-
�/-U` ceedings,.and that,focsuch•Or-
.pose;',-he-May need•:to«ensure
.;that-a verbatim record-of'`the
prodeedings'is made,which re-
'7flriii2G-e/u n/ , cord includes the testimony and
oC.� !/�' evidence upon which.the appeal
i is to be based. - - _ .
,'Copies of the above-referenced
Affiant further says that the said FLORIDA .ordinance:e:arethe iaval available
for re-
view-at
KEYS KEYNOTER is a newspaperpublished `p4-inn"^"'^P`-minty Florid,'
ontlnued In the -
at Marathon, in said Monroe County, Next Column- _
Florida, and that the said newspaper has
•Dated at KeyWest,Florida,this
heretofore been continuously published in - 18th-day of October,2002. _
said Monroe County, Florida, twice each DANNYL:KOLHAGE
_Clerk of the Circuit Court and ek
week (on Wednesday and Saturday) and officio Clerk of the Board of
County Commissioners of
has beenentered as a second class mail Monroe County,Florida
M
�- Publish October 26,November.
matterat the post office in Marathon, in 2,:2oD2.
Monroe County, Florida, for a period of Florida Keys Keynotei- .-
one year. next preceding the first
NJ
publication of the attached copy of
advertisement. The affiant further says
that he has neither paid nor promised any '5 =N o 0
person, firm, or corporation any discount, -Ti
cp
rebate, commission or refund for the oc• cr
purpose of securing this advertisement for --•c› -0 73
publication in the said newspaper(s) and ,C�?I_A.. —re" rn
that The Florida Keys Keynoter is in full ; N c
compliance with Chapter 50 of the Florida '�' c o
State Statutes on Legal and Official
Advertisements.
Ai, (/,/e --
Sworn to nd bscribed before me
this. 5- ay f 7Ib7'-7-72lic4/ , 2002
(SEAL)
.OF F( BEVERLY TRAEGER
/��/� :;w• Tp o� My Ctxatm Exp.9/13/2003
C.' rr-'( C�� S dto PUBLIC a / No.CC B70942 i
liPeisciley Known [1 OSItor I.D. ;
N to ry ____ _�..-..___ ___....,.__a ..
Ad 7506000 Adopt
Ordin Boat Docks
THE. „. --1 _-
_ NOTIt:m vF INTENTION
3, Your Upper Keys Connection TO CONSIDER
OF
-LI PORTER •ADOPTION
COUNTY ORDD
INANCE
P.O. Box 1197•Tavernier,Florida 33070-1197 NOTICE IS HEREBY 03 I- a ICU a
(305)852-3216 Fax: (305)852-8240 C,tvr^ Tn Wunnn IT
MAY CONCERN that on .I
1 Wednesday,November
PROOF OF PUBLICATION 1 t20,heKe 2at3:00PMat _,
the Key Largo Library,-
Tradewinds Shopping
Center,Key Largo,Mon-
STATE OF FLORIDA I roe County,Florida,the
.Board of County Corn-
COUNTY OF MONROE - missionersof Monroe-
County,Florida,intends
Before the undersigned authorityof to
followr ing
ng County
adoption
g -of the following County '
personally appeared JACKLYN R. ordinance:
•
HARDER who on oath, says that she is AN ORDINANCE
ASSOCIATE PUBLISHER/EDITOR of THE OF THE MONROE
COUNTY BOARD OF '
REPORTER, a weekly newspaper entitled COMMISSIONERS
to publish legal advertising published at •MAKING MINOR REVI-
SIONS .
NSIS-
Tavernier Monroe County, Florida: that TENCY;ADDI GA
> j TENCY;ADDIhfG A
the attached copy of advertisement, being DEFINITION ARTICLE;
CONSOLIDATINGLEGAL NOTICE in said newspaper in the MEROUSARTICL SU
issue of: I CONCERNING REGU-
LATORY ZONES IN
CHAPTER 5.5 MON-
ROE COUNTY CODE
(BOATS,DOCKS,AND -
WATERWAYS);PRO-
October 25 th and November 1st 2002 VIDING FOR SEVERA-
- BILITY;PROVIDING - •
FOR THE REPEAL OF
Affiant further says that THE REPORTER ALL ORDINANCES IN-
NT HERE-
is a newspaper published at Tavernier, in WITH;PROV DING FOR •
said Monroe County, Florida, and that the I_ INCORPORATION
INTO said newspaper has heretofore been COUNT CODE OF
COUNTY CODE OR-
continuously published in the said �: DINANCES;AND PRO-
Monroe County, Florida, each week (on ,I DATEGAN EFFECTIVE••
Thursday), and has been entered as
second class mail matter at the Post Pursuant to Section
286.0105,Florida
Office in Tavernier, in said County of ; Statutes,notice is given
Monroe, Florida, for a period of one year that if a person decides to
appeal any decision
next preceding the first publication of the . made by the Board with
attached copy of advertisement; and respect to any matter
conr-
affiant further says that she has neither ; ing,he will need
thed p record
�/ ing,he will need a record
paid nor promised any firm, person, or of the proceedings,and
e
corporation any discount, rebate, a needfor to ensurethpurpose, t
mayneed to that
commission or refund for the purpose of averbatimrecdrdofthe
securing this advertisement for '-.which proceedings dude;
which record includes the
publication in the said newspaper and that testimony and evidence
The Reporter is in full compliance with to be basiehdthe appeal is
Chapter 50 of the Florida State Statutes on
Legal and Official Advertisements- Copies of the above-ref-
erenced ordinance are
available for review at the
various public libraries in
• Monroe County,Florida.
g U Dated at Key West,
Florida,this 18th day of
Sw6ro_and u scribed before me this October,2002:
7th ay ploy :.err, _02. DANNYL.KOLHAGE,
elr NOTARY o MY Comm Exp. 12/12/03 Clerk of the Circuit Court
PUBLIC J. and ex officio Clerk ofthe
(SE d_ �N CC 89418° Board of County
1 . +smelly Known I]other 1.D. Commissioners of
Monroe County,Florida
(SEAL) - •
' Publish:10/25/02&
N tart' 11/01/02
The Reporter
Tavernier,FL 33070
e O
I. ,
_� �.. KEY('WEST
� ,,
"1
TM Fror/da Kays Oily fib'Nowspepa•.Eat 1878
Cooke Communications,LLC
Florida Keys
Joy Thomas
Advertising Coordinator STATE OF FLORIDA
PO Box 1800 COUNTY OF MONROE
Key West Fl 33041
Office 305-292-7777 Before the undersigned authority personally appeared Randy G. Erickson,who
Extension i219 -.on oath says that he is Vice-President of Advertising-Operations of the
Fax 305-294-0768 yKey-
- jthomas@keysnews:com.• , .':..--.West Citizen;a daily newspaper published in Key West,.in,Monroe County; . : : . -.
INTERNET PUBLISHING Florida;,that the attached copy of advertisement,. notice in the -,
keywestcom.key�e++..com_ matter of Px_crridi-tiA.' 3
floiidakeys.com _. .._ ...._
k flake com
Wiebbesign Services
Iri The . :-r' : Court;was'published-in said newspaper in the ,`'`
"NEWSPAPERS
The Citizen: issues_Of. .(l�ca-?.e.V O�o.: `'a 7 0�0 o r�
Southernmost Flyer .- . - . - a
Salares Hill
,•,:Bg.Pine,FreP e ress; •.,Maialhon Free Press ' Affiant further:isays.that the Key.West Citizen is ia':newspaper mpublished Key
tslanorada,Free Press ,..
Key Largo Free Press .West,Att saidAVlonroe County,.'Florida.,and Ghat: they::aaidt newspaper=_has >> .;, ,
`.;srRL e-Press ', , r r:' ._4heretofore.been:'contiriuouslypublished in said Monroe County, Florida every ,,p.;
- - :a,and has been entered°.as second-class;mail>matter at the.post,office-m=Key West,
MAGAZINE '
HeinMenu ',,` �m said Monroe;County, Florida;,for�a:period:of,1 .y,..ear.:�nextpprecedmg the first . , , Y R
citizgnr rutda , ,4 ;._ .:I publication,.of.the�iattached copyof:advertisement s:and,,affiantr�furthertsays:that ,. ,,r ;, ; 1..
Paradise ..
:Keys lV,Channel Guider . ;,,,,,:he.has.,neither paid-nor promisedi any.:person;,.firm>or::corporation:anT discount -;
HIARKETING'SERVICES = j: rebate; cornmissiontorrtrefund for.:the.purpose;-of securing this advertisement.for ;;n , . - ,
Comrnercial Printing ,-.,
citizen Boil:-card . .;:.publication in the:said newspaper: _.
Drell Mail
FLORIDA KEYS OFFICES -
Printing/Main Facility
3420 Northside Drive Signature of Affiant • .
Key West,FL
33040-1800
Tel 305-292-7777
Fax 305-294-0768
citizen@keywest.com
Internet Division Sworn and subscribed before me this 5 day of 70/0-0 t , 2002
1201 White Street(Suite 103)
Key West,FL ,
330403328
Tel 305-292-1880 tJ
171
Middle Keys Office
J Thomas,Notary Pubf` -�
6363 Overseas Hwy C.' r,_- •
Marathon,FL(MM 52.5) C)- C..), t]
33050-3342 O Q
Tel 305-743-8766 -.f 1 Zj
Fax 305-743-9977 7-0
navigator@noridakeys.com ij~ .. ;?.-� `rri
Upper Keys Office Expires: July 23,2004 Notary al l`.3 , 2,
t
81549 Old Hwy p,`V\,^\.SSii:rki i;iQ
PO Box 469 `UC �2'3,200. b
Islamorada,FL(MM81.5) _ ®•.- :J NU°^ •
33036-0469 -
Tel 305-664-2266 • •r , a
Fax 305-664-8411 v -
treepress@tloridakeys.com A BCC956515 °
.,�o Teo a•.,
Ocean Reef Office ,9;:;'.1°yr=
3A Barracuda Lane %/�i. '.
Key Largo,FL 33037 .'i,11 �`, °j �;'
Tel 305367-4911 hnl' rk'
Fax 305367-2191 Personally Known x Produced Identification ,
Type of Identification Produced
•
•
NOTICE OF INTENTION TO •
CONSIDER ADOPTION OF •
-COUNTY-ORDINANCE '
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, November 20, 2002 at
3:00_PM at the Key Largo Library,
Tradewinds Shopping Center, Key
Largo, Monroe County, Florida, the,
' 'Board of County Commissioners of
Monroe County, Florida, intends to
consider the adoption of the follow-
; ing County ordinance:
AN ORDINANCE OF THE MONROE'
,COUNTY BOARD OF COMMIS-
SIONERS MAKING MINOR REVI-
SIONS FOR CONSISTENCY;ADD-
ING A DEFINITION ARTICLE;CON-
SOLIDATING NUMEROUS ARTI-
CLES CONCERNING REGULATO- . ;
RY ZONES IN CHAPTER 5.5 MON-
ROE COUNTY CODE(BOATS, '
DOCKS,AND WATERWAYS);'
PROVIDING FOR SEVERABILITY; '
PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSIS
• TENT HEREWITH;PROVIDING
FOR INCORPORATION INTO THE ;
, MONROE COUNTY CODE OF OR-
DINANCES;AND PROVIDING AN
• ', EFFECTIVE DATE•
Pursuant to Section 286.0105, Flori-
daStatutes, notice is given'that if a
person decides--to appeal any deci>;
=sion made by the Board with respect
to any matter considered at the hear-
ing; he will need a record of the pro-
ceedings,and that,'for such purpose,
he may need to ensure that a verba-
tim record of the proceedings is
made,which record,includes the tes-
timony and evidence upon which the
•
appeal into be based.
•
Copies of the above-referenced ordi-
nance are available for review at the
various public libraries in. Monroe
County,Florida.
Dated at.Key West, Florida,this 18th
day of October,2002:
. DANNY L,KOLHAGE,Clerk of the
Circuit Court and ex officio:Clerk of
•
the Board of County Commissioners
of Monroe County,Florida.
October 20&27,2002
-'-'........................... _.............&..I.......&.............~'-.............&.& ~ -0- ~ ~~ -
MUJniCI"' Code C.orporetion
Municipal Code Corporation
infQ@illQiLmuoic_Qde_,_cQCO
P.O. Box 2235
Tallahassee, FL 32316-2235
Monroe County, FL Code of Ordinances - 1979(11270)
Supplement 79
Recorded: 12/19/200211:26:02 AM
We have received the following material through Hard Copy.
This is our new acknowledgement format. You will no longer be receiving post cards for
ordinances received. If you have any questions please contact us at the phone number or
email address listed below.
Thank you for your assistance and cooperation.
Document Adoption Description
Ordinance No. 1112012002 Amending Chap. 13.5, deleting provisions regarding parking at Sunset
028-2002 Point Park.
Ordinance No. 11/2012002 Amending Art.!, concerning county designated regional parks.
029- 2002
Ordinance No. 11/2012002 Concerning water and irrigation conservation which would limit the
030-2002 use of water of landscaping.
Ordinance No. 11/20/2002 Making minor revisions for consistency, adding a definition article,
031-2002 and consolidating numerous articles concerning regulatory zones in
Chap.55.
Tired of receiving your acknowledgements by mail?
Send us your email address at !l}fQ~mgRJD~l.1i.9Qg~~_9Q!!I.
Get our 50th anniversary cookbook at www.municode.com
You can submit your ordinances via email to ords@mail.municode.com.
Should you have questions please contact us.
Are you tired of mailing out codes and supplements?
Tired of printing additional copies of codes?
Let Municipal Code handle the distribution and sales. -,.~~. .......,
Contact the distribution department at: dist@mail.municode.com (5 <= ."
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Contact information ::0 '- 0 r-
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,." !; ~: ,..,
Ph 800-262-2633 Fax 850-575-8852 Emai! Info@mal! munlcode com n 0
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http:/ /intranet.municode.com/BIS/Recording/acknow ledge Print. asp ?jobid=3881 &print=tr... 12/19/2002
DIVISIONS OF FLORIDA DEPARTMENT OF STATE 011 `' ` ��� MEMBER OF THE FLORIDA CABINET
FAON
Office of the Secretary 14A State Board of Education
e±!,:t; - the Internal
Office of International Relationstelg-t
Trustees ofImprovement Trust Fund Administration Commission
Division of Elections }pn 4+
� �{pn•• ,.;.,•,,. Florida Land and Water Adjudicatory Commission
Division of Corporations
Division of Cultural Affairs '""•''`' Siting Board
`Division of Historical Resources boa we Division of Bond Finance
Division of Library and Information Services
Department of Revenue
Division of Licensing FLORIDA DEPARTMENT OF STATE Department of Law Enforcement
Division of Administrative Services Department of Highway Safety and Motor Vehicles
Jim.Smith Department of Veterans'Affairs
Secretary of State
DIVISION OF ELECTIONS
December 17, 2002
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West,Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated December 10, 2002 and certified copies of Monroe
County Ordinance Nos. 030-2002 and 031-2002, which were filed in this office on
December 16, 2002.
Sincerely,n Q V
• C-J2A;
Liz Cloud, Chief
Bureau of Administrative Code
LC/mp
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BUREAU OF ADMINISTRATIVE CODE
The Collins Building • 107 West Gaines Street • Tallahassee,Florida 32399-0250 • (850)245-6270
FAX: (850)245-6282 • WWW Address: http://www.dos.state.fl.us • E-Mail: election@mail.dos.statefl.us