Item D1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 21 June 2001
Division:
Growth Management
Bulk Item: Yes
No..x.
Department: Marine Resources
AGENDA ITEM WORDING:
Public Hearing on a proposed ordinance providing for oversight and management of mooring fields
within Monroe County and particularly for Boot Key Harbor.
ITEM BACKGROUND:
The Boot Key Harbor Ad Hoc Committee was empowered to make recommendations to the BOCC
concerning needed actions for improving the character of the Harbor. The final recommendations of
the Committee were provided to and accepted by the BOCC in early 1997. Among the
recommendations of the Committee was the establishment of a management authority and the
installation of moorings for short, mid, and long term tenancies. Following through with those
recommendations, among others, the Board established a management authority through the Marathon
Economic Development Council in February 1999. The Department of Marine Resources has been
working to obtain permits for the mooring field since mid 1999. Per the Board's direction, 25
moorings will be installed by the end of June 2001. It is anticipated that an additional 124 moorings
will be installed by the end of the year. The proposed ordinance will provide the means to oversee and
manage the operation and maintenance of this mooring field and any mooring fields anticipated
elsewhere in the future.
PREVIOUS REVELANT BOCC ACTION:
May 2001 - Approval to advertise proposed ordinance
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
None
BUDGETED: Yes NA No
COST TO COUNTY: None
REVENUE PRODUCING: Yes..x. No
AMOUNT PER MONTH Unk.
Year Unk..
DOCUMENTATION:
Included -X-
APPROVED BY: County Atty -X..
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
ORDINANCE NO. -2001
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS, AS
THE PORT AUTHORITY OF MONROE COUNTY, FLORIDA,
AMENDING CHAPTER 5.5 ENTITLED ''BOATS, DOCKS AND
W A TERW A YS" BY ADDING ARTICLE XX TO PROVIDE FOR THE
ESTABLISHMENT OF COUNTY MOORING FIELDS; PROVIDING THE
AUTHORITY TO MANAGE THOSE MOORING FIELDS;
ESTABLISIDNG RULES AND REGULATIONS FOR USE OF THOSE
MOORING FIELDS; AUTHORIZING A FEE SCHEDULE; PROVIDING
PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANACES; PROVIDING FOR REPEAL OF SECTIONS
INCONSISTENT HEREWITH; AND DIRECTING THE CLERK OF THE
BOARD TO FORWARD A CERTIFIED COPY OF THE ORDINANCE TO
THE SECRETARY OF STATE.
Whereas, abandoned and derelict vessels are a public nuisance in the marine environment and
cause great expense for the removal of such vessels; and
Whereas, typical anchoring practices in the many overcrowded anchorages can result in safety
issues and vessel and property damage during storm events; and
Whereas, the use of traditional ground tackle causes damage to the benthic environment; and
Whereas, the installation of unpermitted moorings has become prevalent throughout the Florida
Keys; and
Whereas, many vessels in the many overcrowded anchorages illegally pump raw sewage into
the water column, further exacerbating the marine pollution problems in the Florida Keys; and
Whereas, transient vessels are often unable to find anchoring space in the many overcrowded
anchorages; and
Whereas, Monroe County does not intend to prohibit vessels in the act of navigation from
transiting through the waters within mooring fields; and
Whereas, the Monroe County 2010 Comprehensive Plan recommends the use of mooring fields
as a management tool to protect and enhance marine resources.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS, AS THE PORT AUTHORITY OF MONROE COUNTY, FLORIDA
THAT:
Section 1. Article XX, chapter 5.5, MCC is hereby created that reads as follows:
Article XX, County Mooring Fields
Sec. 5.5-227 Purpose.
This article provides for the installation of mooring fields and the authorization to manage those
mooring fields as a method of addressing boating impacts associated with the many overcrowded
anchorages in the Florida Keys. The mooring fields shall be managed so as to eliminate
abandoned and derelict vessels, ensure compliance with the Clean Vessel Act, minimize benthic
damage, and provide a safe, secure harbor for transient and long-term recreational vessels. This
ordinance is adopted pursuant to Chapters 327 and 315, F.S.
Sec. 5.5-228 Definitions.
(a) "Commercial vessel" means: (1) any vessel primarily engaged in the taking or landing of
saltwater fish or saltwater products or freshwater fish or freshwater products, or any vessel
licensed pursuant to s. 370.06 from which commercial quantities of saltwater products are
harvested, from within and without the waters of this state for sale either to the consumer, retail
dealer, or wholesale dealer; (2) any other vessel, except a recreational vessel as defined in this
section.
(b) "Floating structure" 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.
(c) "Manager" means the manager and/or management staff of the land based facility
authorized by separate resolution and/or agreement to operate, manage and maintain any County
mooring field/so
(d) "Mooringfield/s" means areas in and adjacent to Monroe County installed mooring systems,
including designated anchoring areas. These areas may include both County and State owned
submerged lands, but shall exclude privately owned submerged lands. The delineation,
implementation and management of County mooring fields will be approved by the State.
(e) "Owner" means a person, other than a lien holder, having the property in or title to a vessel.
The term includes a person entitled to the use or possession of a vessel subject to an interest in
another person, reserved or created by agreement and securing payment of performance of an
obligation, but the term excludes a lessee under a lease not intended as security.
(f) "Recreational vessel" means any vessel: (a) Manufactured and used primarily for
noncommercial purposes; or (b) Leased, rented, or chartered to a person for the person's
noncommercial use.
(g) "Seaworthy condition" means that a vessel is in good condition and capable of the use for
which it was designed.
(h) "Vessel" see definition sec. 5.5-1(a)(3).
Sec. 5.5-229 Force and Effect.
(a) This article shall become effective in each mooring field identified in Attachment A, upon
completion of mooring system installation in said mooring field.
(b) The County has the authority to have all vessels or floating structures, ground tackle, and
other associated gear removed from the mooring system site prior to installation of moorings to
allow for the safe and effective installation of those mooring systems. Vessel and floating
structure owners shall be responsible for the removal of any and all objects placed on, or
imbedded into the bay bottom within the mooring system area to allow for subsequent mooring
system installations. The County shall attempt to provide reasonable notice to those vessel or
floating structure owners determined to be within the area of the mooring system so as to allow
sufficient time for voluntary removal. If the County is unable to contact or identify the owner of
vessels or floating structures within the mooring system area, due to the lack of identifying
marks on the vessel or floating structure, the County may remove and impound those vessels or
floating structures and dispose of them as provided in Sec. 705.103, F.S.
(c) The anchoring regulations of sec. 5.5-231(c), shall not apply to non-liveaboard vessels
engaged in the exercise of the rights of navigation. A non-liveaboard vessel shall be considered
as no longer engaged in the exercise of the rights of navigation when it has been at anchor for
twenty-four (24) hours
Sec. 5.5-230 Additional mooring fields proposed.
Additional mooring fields may be added by amendment to this article. Appropriate maps shall
be added to the list of exhibits, which accompany the ordinance at the time of amendment along
with updates of the established upland facilities required for servicing and management of the
adjacent mooring field/so
Sec.5.5-231 Rules and Regulations for Mooring Field/s.
(a) Only recreational vessels may utilize the mooring field/so Commercial vessels may enter the
mooring field/s as needed for installation, repair and servicing of private, commercial or
governmental facilities, or to transit the area while in the act of navigation.
(b) Owners or operators of recreational vessels wishing to use a mooring must do so through a
license agreement with the Manager of the mooring field/so
(c) Entry into mooring system areas is prohibited, except by recreational vessels and their
dinghies which are assigned to a mooring, recreational vessels visiting those recreational vessels
assigned to a mooring, mooring field management and construction or repair vessels, and by
enforcement vessels.
(d) Only vessels in seaworthy condition shall be allowed to use the mooring field/so
(e) All vessels within the mooring field/s must have United States Coast Guard approved Marine
Sanitation Devices as required. All vessels equipped with a waste discharge shall have the
seacock closed and sealed at all times while within the mooring field/so
(f) Mooring field licensees shall be required to pump-out sewage at approved pump-out facilities
as needed. Mooring field licensees shall be informed by the Manager in writing of the
availability and requirements to use the sewage pumpout facilities provided by the mooring
facility or other available facilities.
(g) Only biodegradable cleansers shall be used on vessels in the mooring field. The use of
detergents containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates,
or lye within the mooring field is prohibited.
(h) Mooring field licensees are responsible for any damage that may be incurred to their assigned
mooring or other moorings within the mooring field/so The recreational vessel owner shall
reimburse the County for any damage which they or their vessel may cause to County property
within thirty (30) days notice (by certified mail or posting of licensees' vessel) of such damage.
(i) Mooring of recreational vessels shall be at the sole risk of the licensees. Monroe County is
not liable for the care or protection of any vessel or its contents, or for any loss or damage of any
kind or nature, resulting from mooring operations or use of moorings.
Sec. 5.5-232 Fee Schedule.
A fee schedule shall be developed by the County, in collaboration with the mooring field/s
Manager, based on actual costs of operations, management and maintenance. The fee schedule
shall be approved by resolution of the BOCC and included in any agreement between the
Manager and the County.
Sec. 5.5-233 Penalties.
(a) A violation of this ordinance is a noncriminal infraction under Sec. 327.73 (1)(K)(2), F.S.,
and may be enforced as provided by Secs. 327.70,327.73,327.731, and 327.74, F.S.
(b) A violation of this ordinance may be prosecuted in the same manner as second degree
misdemeanors as provided by Sec. 125.69(1), F.S.
(c) The penalty provisions of this section are non-exclusive and this Ordinance may be enforced
through any lawfully available procedure, including prosecution before the Code Enforcement
Special Master or by issuing a notice to appear or through suits for injunctive relief and damages.
Sec. 5.5-234 Removal and impoundment of dangerous or hazardous vessels.
Any vessel, due to fire, explosion, accident, or negligence, which in the determination of the
Manager, after consultation with the Sheriffs Department or Florida Fish and Wildlife
Conservation Commission Division of Law Enforcement or United States Coast Guard, creates
an immediate danger to life or property, hazard to navigation, or eminent environmental hazard
shall be subject to immediate removal and impoundment of the vessel, and costs incident thereto
shall be borne by the vessel owner.
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 Ordinances
of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately numbered to conform to the uniform numbering system of the Code.
Section 4:
All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the
extent of said conflict.
Section 5: The Clerk of the Board shall file a certified copy of this ordinance in the Office of
the Secretary of State of the State of Florida.
PASSED AND ADOPTED by the Board of County CClmmissioner&, as the Port Authority of
Monroe County, Florida at a regular meeting of the Board held on the _ day of
.2001. .
Mayor George Neugent
Mayor Pro rem Nora Williams
Commissioner Charles McCoy
Commissioner Murray Nelson
CoIDD1issioner Dixit~ Spehar
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
(SEAL)
ATI'EST: DANNY O. KOLHAGE. CLERK
.EFFECTIVE DATE:
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