Ordinance 003-2003
Marine Resources
ORDINANCE NO. 003 2003
AN ORDINANCE MODIFYING CHAPTER 5.5, ARTICLE III,
MONROE COUNTY CODE CONCERNING NO DISCHARGE
ZONES, PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the tropical waters surrounding the Florida Keys contain an
ecologically diverse tropical marine ecosystem, including the only coral reef
system in the continental United States;
WHEREAS, these waters are of such great interest and beauty, and hold
such concern for protection, that the State of Florida has designated them as
Outstanding Florida Waters and Congress has designated them as a part of the
Florida Keys National Marine Sanctuary; and
WHEREAS, Monroe County considered the protection of these waters so
critical that in 1999, the Board of County Commissioners designated 1 7 zones
throughout the waters of the County as No Discharge Zones; and
WHEREAS, subsequent to this effort, the County also petitioned the
Governor and the U.S. Environmental Protection Agency to designate all of the
waters of the Florida Keys as a No Discharge Zone (NDZ); and
WHEREAS, through the efforts of the Governor and the U.S. EPA, State
waters within the boundaries of the Florida Keys National Marine Sanctuary will
become a No Discharge Zone on June 19,2002; and
WHEREAS, it is the County's desire to modify its No Discharge Zone
Ordinance to mirror the conditions set by the federal designation and to augment
Marine Resources
the State and federal governments potential for enforcement of the NDZ
designation; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA; THAT
Section 1. Change the title of Article III (formerly Article XIX) to "No
Discharge Zone Established" and apply the following modifications to Chapter
5.5, Article III:
Sec. 5.5-46. Definitions
(a) Definitions shall apply as provided in Article I of this chapter or are
referenced from other chapters as appropriate.
Sec. 5.5-47. No Discharge Zone Established
(a) A No Discharge Zone is hereby established to coincide exactly with
those boundaries identified in Federal Register Notice 66: 144,pp
38967-38969, promulgated on 26 July 2001.
Sec. 5.5-48. Force and Effect
(a) This Ordinance becomes effective in the No Discharge Zone identified
on the map in Exhibit A upon final approval at the federal level, U.S.
EPA Region IV.
Section 6. Reserve Sees. 5.5-49 - 5.5-75
2
Marine Resources
Section 7. 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 8. 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 9. 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.
Section 10. Effective date
This Ordinance shall be filed with the Office of the Secretary of State of the
State of Florida, but will not take effect until the No Discharge Zone identified in
Federal Register Notice 66: 144,pp 38967-38968 becomes effective under federal
law.
3
Marine Resources
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 19th day of February. 2003.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner David Rice
yes
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yes
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(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
Board of County Commissioners
Of Monroe County, Florida
BY ~~~. ~~~
Deputy Clerk
'/))u >n ~
Mayor/Chairman
BY
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iaITIZEN
The Rorlda Keys Only Dally Newspaper, Est 1876
Cooke Communications, LLC
Florida Keys
Mary Beth Canitano
Advertising Coordinator
PO Box 1800
Key West FI 33041
Office,,, '" '" ,305-292-7777
Extension,,, ,,, '" '"'''' ,x219
Fax,,, '" '" '" ,305-294-0768
mcanitano@keysnews,com
INTERNET PUBLISHING
keywestcom
keysnews,com
floridakeys,com
key-west com
Web Design Services
NEWSPAPERS
The Citizen
Southernmost Flyer
Solares Hill
Big Pine Free Press
Marathon Free Press
Islamorada Free Press
Key Largo Free Press
Ocean Reef Press
Seaport Log
MAGAZINE
The Menu
Home Guide
Citizen Local's Guide
Paradise
Keys TV Channel Guide
MARKETING SERVICES
Commercial Printing
Citizen Locals Card
Direct Mail
FLORIDA KEYS OFFICES
Printing I Main Facility
3420 Northside Drive
Key West. FL
33040-1800
Tel 305-292-7777
Fax 305-294-0768
citizen@keywestcom
Internet Division
1201 White Street (Suite 103)
Key West, FL
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.com
Middle Keys Office
6363 Overseas Hwy
Marathon, FL (MM 52,5)
3305Q.-3342
Tel 305-743-8766
Fax 305-743-9977
navigator@floridakeys,com
Upper Keys Office
81549 Old Hwy
PO Box 469
Islamorada, FL (MM81 ,5)
33036-0469
Tel 305-664-2266
Fax 305-664-8411
freepress@floridakeys,com
Ocean Reef Office
3A Barracuda Lane
Key Lar9o, FL 33037
Tel 305-367-4911
Fax 305-367-2191
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 Advertising 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 J) ~\ OY\ Eb ~~ ~~N Ii M~-J
In the ~ Court, was published in said newspaper in the
issues of yo ~ \II. \.1.0.0 ~ a..\\ ~ .
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
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.
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Signature of Affiant
Sworn and subscribed before me this-&- day of"; ~ tl (). 0 2003
Expires: January 15,2007
Notary Seal
..,~,:.;!~I~::!" MARY BElH ""AUR.&'-iA
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Personally Known x Produced Identification
Type of Identification Produced
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NOTICllfll M'INTION TO
CON8IOER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, February 19, 2003, at
3:00 PM at the Key Largo Library,
Tradewinds Shopping Plaza, 10,1485
Overseas Highway, Key Largo, Mon-
roe County, Florida, the Boatd of
County CommisSioners of Monroe
County, Florida. 'Intends to consider
the adoption of the following CoUnty
ordinance:
AN ORDlNA"NCE MODIFYING
CHAPTER 5.5, ARTICLE III, MON-
ROE COUNTVCQDE CONCERN-
ING NOOISCHAAGE ZONES,
PAOVlDIftG FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSIS-
TENT HEftEWITH; PROVIDING
FOR INCORPORATION INTO THE
MONROE COUNTY COOE; PRO-
VIDING FOR AN EFFECTIVE DATE
Pursuant to Section 286,0105, Flori-
da StatuteS, notiCe is given that if a
pel'son decided to appeal any deci-
sion made by the Board with respect
to any matter considered at such
hearings or meetings, he will need a
record ot the proceedings, and that,
for such pI,Irpose, he may need to
ensure that a verbatim record of the
proceedings is made, which record
incllldes the testimony and evidence
upon which the appeal is to be
based,
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Copies of the ~referencedordi-
nance are available for review at the
v~ous public libraries in Monroe
County, Florida,
Dated at Merathon, Florida, this 21 st
day of January, 2(l()3,
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex officio Olerk of
the Board of County Commissioners
of Monroe County, Rorida
February 2 & 11, 2003
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'~Keys Only Dally ~ Est. 1876
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Irida Keys
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ertising Coordinator
Box 1800
West FI 33041
:e,,, ,,, ",,305-292-7777
msion" , '" '" '" ,.."x219
,,' '" '" ",,305-294-0768
mas@keysnews,com
ERNET PUBLISHING
,estcom
.news.com
lakeys,com
Nest.com
, Design Services
IVSPAPERS
Citizen
hemmost Flyer
res Hill
.)ine Free Press
Ithon Free Press
norada Free Press
Largo Free Press
in Reef Press
)Crt Log
GAZINE
Menu
IE> Guide
en Local's Guide
idise
I TV Channel Guide
RKETING SERVICES
,mercial Printing
en Locals Card
:tMail
IRIDA KEYS OFFICES
Iting I Main Facility
) Northside Drive
West. FL
10-1800
305-292-7777
305-294-0768
m@keywestcom
rnet Division
I White Street (Suite 103)
West. FL
10-3328
305-292-1880
305-294-1699
;@keywestcom
die Keys Office
I Overseas Hwy
Ithon. FL (MM 52,5)
i0-3342
305-743-8766
305-743-9977
~ator@floridakeys,com
Jer Keys Office
19 Old Hwy
30x 469
norada, FL (MM81 ,5)
16-0469
305-tl64-2266
305-664-8411
lIesS@floridakeys,com
.an Reef Office
'arracuda Lane
Largo, FL 33037
305-367-4911
305-367-2191
STATE OF FLORIDA
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COUNTY OF MONROE ~~~ ~
Before the undersigned authority personally appeared Randy G. Ericksai, ~o _.
on oath says that he is Vice-President of Advertising Operations of the?Kef1 w
West Citizen, a daily newspaper published in Key West, in Monroe County, (J1
Florida; that the attached copy ~~~s~o"!': ~~",a ~egal notice in the
matterof l~jfl'/)JYtL ~1 5.~
In the _~ Court, was published in said newspaper in the
issues of \- _ 1 <> ~ C)., "=::>D D~ .
Affiant further says that t e Key West Citizen IS a newspaper publtshed III Key
West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
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 I 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.
,,:-
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Signature of Affiant
Sworn and subscrihed before me this A day of \' J)~ l'LI.I .to ~ i-' 2003
Expires: January 15, 2007
Notary Seal
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By NoflonoI NotOf'y Ass"
Personally Known x Produced Identification
Type of Identification Produced
NOTICE OF IHTENnoN TO
CONsI~ER AOOPllON OF .
~OONTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, February 19, 2003, at
3:00 PM at the Key largO Ubrary,
Tradewinds Shopping Plaza, 101485
Overseas Highway, Key Largo, Mon-
roe .County, Florida, the Board of
County CommiSSioners of MOnroe
County,Florida, intends to consider
the adoption of the following County
ordinance:
AN ORDINANCE MODlflYlNG
CHAPTER 5.5, ARTICLE III, MON- .
ROE COUNTY CODE CONCERN-
ING NO DISCHARGE ZONES,
.PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSJS.
TENT HEREWITH; PROVIDING
FOR INCORPORAllON INTO THE
MONROE COUNTY CODE; PRO-
. VlDING FOR AN EFFECnvE DATE
Pursuant to Section 286.Q1 05, FIQri-
da Statutes, notice' is given that if a
pel'SO(1 decided to appeal any deci-
sion 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 Ailed 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,
Copies of the above-referenced ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida,
Dated at Marathon, Florida, this 21st
day of January, 2003.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex officio Cierk of
the BOBRl of County Commissioners
of Monroe County, Florida
FebrulllY 2 & 11, 2003
.
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Email Confirmation
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Municipal Code Corporation
iDio@m~i1.ml!nicode.com
P.O, Box 2235
Tallahassee, FL 32316-2235
Monroe County,FL Code of Ordinances -1979(11270)
Supplement 80
Recorded: 3/31/2003 8:42:56 AM
We have received the following material through Hard Copy,
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ordinances received, If you have any questions please contact us at the phone number or
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Thank you for your assistance and cooperation,
Document Adoption Description
Ordinance No, 001-2003 2/19/2003 Authorizing lump sum years of service award
Ordinance No, 003-2003 2/19/2003 modifying chap, 5,5 art, III no discharge zones
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Page 1 of2
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