Ordinance 002-2011ORDINANCE NO. 002 - 2011
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING CHAPTER 26
OF THE MONROE COUNTY CODE (WATERWAYS) TO
PROVIDE FOR "NO MOTOR ZONES" AND CONSISTENT
SIGNAGE; PROVIDING FOR SEVERABILITY AND
REPEAL OF INCONSISTENT PROVISIONS; PROVIDING
FOR FILING WITH THE SECRETARY OF STATE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Monroe County has a variety of boating restricted areas codified under
Sec.26 -71 of the Monroe County Code; and
WHEREAS, Monroe County has multiple Combustion Vessel Exclusion Zones intended
to exclude vessels from entering such areas with internal combustion engines running;
and
WHEREAS, the language Combustion Vessel Exclusion may be confusing to boaters
and is inconsistent with similar federally established boating restricted areas in the Keys
that use the language No Motor Zone; and
WHEREAS, utilizing the language No Motor Zone on buoys and signage will be clear to
boaters, provide consistency between similar County and Federal zones, and increase
compliance with the restrictions of such zones, and
WHEREAS, the Florida Fish & Wildlife Conservation Commission permits such .
boating restricted areas in accordance with Chapter 68D -23 Uniform Waterway Markers
in Florida Waters; and
WHEREAS, the Florida Fish & Wildlife Conservation Commission has approved a
request from the Marine Resources Office to rename Monroe County boating restricted
areas from Combustion Vessel Exclusion Zones to No Motor Zones;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Monroe County Code Section 26 -1. Definitions shall be amended as
follows:
Sec. 26 -1. Definitions
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Combustion vessel exclusion zone means that no person shall operate a motorized
vessel (as defined in this section), by use of a combustion engine, or in some cases
where specifically established an electric motor, in any area spatially defined as
"Combustion Vessel Exclusion Zone" and that is so identified as a "Combustion Vessel
Exclusion Zone" by appropriate signage.
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 F.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; or
(2) Any other vessel, except a recreational vessel as defined in this section.
Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring,
emitting, emptying or dumping.
Dive means to wholly or partially submerge one's body while equipped with a mask or
goggles, whether or not any type of underwater breathing apparatus is used.
Floating structure means as defined in F.S. § 327.02.
Houseboat means as provided in F.S. § 337.02.
Idle speed /no wake means that a vessel cannot proceed at a speed greater than that
speed that is necessary to maintain steerage.
Live- aboard vessel.
(1) The term "live- aboard vessel" means as provided in F.S. § 327.02.
(2) Any vessel with a person living aboard and that is anchored, moored, or
docked in the same location for 72 consecutive hours is presumed to be
a live- aboard vessel.
Lobster mini - season means the two -day sport season authorized by the state
pursuant to F.A.C. 6813- 24.005.
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.
Manmade 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.
(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 manmade water body must
have "buildings," as defined in part II of this Code, along its shoreline to
be applicable. If buildings are not present on a given shoreline on the
date of adoption of the ordinance from which this section is derived, but
such buildings are constructed at a later date, then the ordinance from
which this section is derived becomes effective at that time.
Marine sanitation device means as defined in F.S. § 327.02.
Mobile pump -out vessel means any vessel capable of pumping out and receiving
human body wastes and other effluent contained in marine sanitation devices installed
aboard other vessels.
Mooring field means areas in and adjacent to the 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 shall be approved
by the state.
Motorboat means as provided in F.S. § 327.02. This definition is synonymous with the
definition of motorized vessel.
Motorized vessel means any vessel that is propelled or powered by machinery and
that is capable of being used as a means of transportation on water.
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 July 26, 2001, and as shown
in attachment A of the ordinance from which this section is derived.
No Motor Zone means all vessels equipped with internal combustion motors (e.g.:
gasoline or diesel motors) for propulsion must turn off the internal combustion motor and,
if possible to do so, tilt or raise the internal combustion motor out of the water. The use
of electric motors is not prohibited.
Owner means as provided in F.S. § 327.02.
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.
Public vessel means a vessel owned or a bareboat chartered and operated by the
United States, the state, the county, or by a foreign nation, except when such vessel is in
commerce.
Pump -out station means a facility that pumps or receives human body wastes and
other effluent out of marine sanitation device installed on board vessels.
Real property owner means any part owner, tenant in common, tenant in partnership,
joint tenant or tenant by the entirety, with legal or beneficial title to the whole or to part of
real property.
Recreational vessel means any vessel:
(1) Manufactured and used primarily for noncommercial purposes; or
(2) Leased, rented, or chartered to a person for the person's noncommercial
use.
Residential area means any area designated improved subdivision, suburban
residential or suburban residential limited, sparsely settled, urban residential, and urban
residential mobile home under the county land development regulations.
Seaworthy condition means that a vessel is in good condition and capable of the use
for which it was designed.
Sewage means human body wastes and wastes from toilets and other receptacles,
including approved marine sanitation devices (MSD) intended to receive or retain body
wastes, whether treated or raw.
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 is not proceeding at a slow
speed /minimum wake when it 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 that is unreasonable or
unnecessarily endangers other vessels.
Speargun means any device whether commercially manufactured or hand -made, that
is 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 apparatus or otherwise limited in its range. No distinction shall be
made as to the mechanical construction or physical means used in such devices to
create the potential energy necessary to eject or fire such spear or similar projectiles.
Vessel means as provided in F.S. § 327.02.
Water -borne craft or structures subject to density allocation and wastewater
management requirements (water -borne craft) means and encompasses any of the
following definitions, houseboat, floating structures, live aboard vessel, and vessel as
defined in this chapter and F.S. § 327.02 when the object of such definitions is being
occupied in a manner that would be construed as either a residential or business purpose
that would normally require wastewater facilities. Such occupation, be it residential or
commercial in nature, could involve either longterm or shortterm 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.
(1) 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.
(2) 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 this section and part II of this Code.
Section 2. Article III Sec. 26 -71 shall be amended as follows:
Sec. 26 -71. Boat restricted zones established.
(a) Idle speed /no wake zones. No person shall operate a vessel in the following
areas spatially defined as "idle speed /no wake zones" at a speed in excess of
idle speed /no wake as defined 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:
a. 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 that parallels the shoreline. Includes all
internal canals of Snapper Point subdivision.
b. 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.
(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 manmade water bodies: To include all manmade water bodies, as
defined in this chapter, within the waters of the county.
(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.
(10) Key West: Smathers Beach: To include an area parallel to the shore
along Smathers Beach running 600 feet offshore.
(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 the entire width of Snake Creek, from 100 feet
south of the Snake Creek Bridge at U.S. Highway 1, to 100 feet north of
the residential shoreline of the 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 manmade 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.
(6) Adams Waterway: To include the entire area known as Adams
Waterway, Key Largo, leading from Blackwater Sound on Florida Bay to
Largo Sound on the ocean side of the Island of Key Largo.
(c) No Motor Zones. No person shall operate a motorized vessel in the following
areas spatially defined as "no motor zones ":
(1) 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.
(2) 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.
(3) Whale Harbor Channel "Flats ": To include the shallow areas adjacent to
the northeast and southwest sides of Whale Harbor Channel on the
ocean side of U.S. Highway 1. The approximate length of the zone
extends from the Whale Harbor Channel Aids to Navigation Numbers 8
and 9 southeastward to Whale Harbor Channel Aids to Navigation
Numbers 1 and 2. The width of the zone is defined, on either side of the
channel, by the adjacent shallow areas and the small channels farther to
the northeast or southwest of the Whale Harbor Channel. The zones are
approximately triangular on either side of Whale Harbor Channel. The
Zones will specifically exclude the areas known as the "Sand Bar,"
shallow, sandy areas immediately contiguous to Whale Harbor Channel
on either side.
(d) Motorboats prohibited zone. No motorboat as defined herein shall enter an area
established by County Ordinance as "motorboat prohibited zone." The following
area is a "motorboat prohibited zone ":
Varadero Beach: To include an area within 300 feet of shore along the
cove on the bayside of Key Largo, known as Varadero Beach at
approximately mm 95.6 bayside and as shown graphically in the
attached map. Kayaks, canoes and similar exclusively human powered
vessels are allowed in this zone.
(e) Viewable map of zones. Viewable maps of each of the zones noted in this
section are available at the county office for marine resources.
Section 3. Severability. If any section, paragraph, subdivision, clause, sentence or
provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this
ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision,
clause, sentence, or provision immediately involved in the controversy in which such
judgment or decree shall be rendered.
Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal
of an ordinance herein shall not repeal the repealing clause of such ordinance or revive
any ordinance which has been repealed thereby.
Section 5. Filing and Effective Date. This Ordinance shall be filed with the Florida
Department of State, and shall become effective as provided in Sec. 125.66(2), Florida
Statutes.
(This area is intentionally left blank)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 19th day of January , 2011.
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Mayor Heather Carruthers
Mayor pro tem David Rice
Commissioner George Neugent
Commissioner Kim Wigington
Commissioner Sylvia Murphy
Yes
Yes
Yes
Yes
Yes
E COUNTY BOARD OF COUNTY COMMISSIONERS
Y L. KOLHAGE, CLERK
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Clerk Mayor Heater a uthers
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Mayor pro tem David Rice
Commissioner George Neugent
Commissioner Kim Wigington
Commissioner Sylvia Murphy
Yes
Yes
Yes
Yes
Yes
E COUNTY BOARD OF COUNTY COMMISSIONERS
Y L. KOLHAGE, CLERK
4 1 -1 . ��Z-J B /� 6
Clerk Mayor Heater a uthers
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX(305)295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX(305)289 -1745
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
February 8, 2011
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 852 -7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 853 -7440
Via Certified Mail 7010 1670 0001 0244 7587
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 002 -2011 amending Chapter 26,
of the Monroe County Code (Waterways) to provide for "No Motor Zones" and consistent
signage; providing for severability and repeal of inconsistent provisions; providing for filing with
the Secretary of State; providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on Janauary 19, 2011. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
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MONROE COUNTY
www.clerk -of- the- court.com
cc: Municipal Code via e-mail
Growth Management via e-mail
County Attorney via e-mail
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Florida Keys
Danielle Cleghorn
PO Box 1800
Key West Fl 33041
Office .... 305- 292 -7777
Extension ........ x219
Fax ....... 305- 295 -8025
lecialsAkevsnews.com
INTERNET PUBLISHING
keywest.com
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MARKETING SERVICES
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FLORIDA KEYS OFFICES
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3420 Northside Drive
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STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson,
who on oath says that he is Vice - President of Operations of the Key West
Citizen, a daily newspaper published in Key West, in Monroe County,
Florida; that the attached copy of advertisement, being a legal notice in the
matter of
was published in said newspaper in the issue(s) of CD
Affiant further says that the Key West Citizen is a newspaper gQbliWa in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, and has been entered as second -class mail matter at the post office in Key
West, in said Monroe County, Florida, for a period of 1 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, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Signature o fiant
/'
Sworn and subscribed before me this ( day of 611.t.i.G , 201
Notary Public:
Danielle Cleghorn
Expires: December 14, 2014
Personally Known x Produced Identification
Type of Identification Produced
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Pursuant to Siection. 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 hearings or
meetings, 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
PUBLIC NOTICE r e
4'NOTICE OF INTENTION includes the testirrinnyand t
TO CONSIDER ADOPTION I evidence upon which the appeal is
OF COUNTY ORDINANCE to be based.
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN', that
on Wednesday,, January 19,
2011 at 3 :00 P.M., or as soon
thereafter as may be heard, at
the Harvey Government Center,
1200 Truman Avenue, 2ND floor,
Key West; Monroe County,
Florida, the Board of County
Commissioners of Monroe
County, Florida, intends to
consider the adoption of the
following County Ordinance:
AN ORDINANCE BY THE
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
AMENDING CHAPTER 26 OF
THE MONROE COUNTY CODE
(WATERWAYS) To PROVIDE
FOR "NO MOTOR ZONES" AND
CONSISTENT SIGNAGE;
PROVIDING FOR
SEVERABILITY AND REPEAL
OF INCONSISTENT
PROVISIONS; PROVIDING FOR
FILING WITH THE SECRETARY
OF STATE; PROVIDING FOR
AN EFFECTIVE DATE. ,
ADA ASSISTANCE. If you are a
person with a disability. who
needs special accommodations
In order to participate in this
proceeding, please contact the
Growth Management Office, by
phoning (305) 289 -2517,
between the hours of 8.00 a.m. -
5.00 p.m., no later than 2
working days prior to the
scheduled meeting; if you are
hearing or voice - impaired, call
"711 ".
Dated at Marathon, Florida, this
29th day of December, 2010.
DANNY L. KOLHAGE,
Clerk of the Circuit Court
and ex officio.
Clerk of the Board of
County Commissioners of
Monroe County, Florida
January 1, 2011
RICK SCOTT
Governor
KURT S. BROWNING
Secretary of State
February 11, 20
Honorable Danny L. Kolhage
Clerk of the Circuit Court
—
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Monroe County
500 Whitehead Street, Suite 101
='
Key West, Florida 33040
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Attention: Isabel C. DeSantis, Deputy Clerk
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Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated February 8, 2011, and certified copy of Monroe County Ordinance No. 002 -2011, which was
filed in this office on February 11, 2011.
Sincerely,
* C
Liz Cloud
Program Administrator
LC /vm
DIRECTOR'S OFFICE
R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
850.245.6600 • FAX: 850.245.6282 • TDD: 850.922.4085 • http: / /diis.dos.state.fl.us
COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA
850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894
CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY
850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282
STATE LIBRARY AND ARCHIVES OF FLORIDA
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