Loading...
Ordinance 019-1998 Commissioner Keith Douglass ORDINANCE NO. 019 -1998 AN ORDINANCE DEFINING PERSONAL WATERCRAFT; PROHIBITING THE OPERATION OF PERSONAL WATERCRAFT ON THE WATERS OF BOOT KEY HARBOR AND WITHIN 1200 FEET OF THE SHORELINE FROM HIGGS BEACH, LITTLE DUCK KEY, SOMBRERO BEACH, ISLAMORADA BEACH, ANN'S BEACH, HARRY HARRIS PARK, SEA OATS BEACH, PORT ANTIGUA BEACH, WHITE MARLIN BEACH, SAFETY HARBOR BEACH, AND THE FLORIDA KEYS WILD BIRD CENTER, CERTAIN WATERS ADJACENT TO OCEAN REEF, AND ALSO PROHIBITING THE OPERATION OF PERSONAL WATERCRAFT WITHIN THE WESTERN SAMBOS ECOLOGICAL RESERVE; PROVIDING A PROCEDURE FOR THE ADOPTION OF ADDITIONAL PERSONAL WATERCRAFT PROHIBITION ZONES; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION HARMLESS FOR ANY LIABILITY INCURRED AS A RESULT OF THE NEGLIGENT POSTING OF PERSONAL WATERCRAFT PROHIBITED MARKERS; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the nearshore navigable water of much of the Florida Keys is commonly used by Iiveaboard boats, swimmers, snorkelers, and anglers; :t: u)." WHEREAS, the operation of fast moving personal watercraft on the nearsho,! n~igdPJle ~ters ~n~ ~ ,." creates a dangerous situation for the operators of the personal watercraft, person~~rd:f6e ~ats, 0": ...... 0 swimmers, and snorkelers; and E;o:X ...... :::u ....... 0 ,Y :::0 -I n' :z f"'l1 WHEREAS, the operation of personal watercraft in nearshore navigable water~Tt$e F~dcgeys , C'l 0 :::0 )> rT1 CD 0 threatens the quality of life of persons residing on the adjacent shore; and WHEREAS, the operation of personal watercraft also causes environmental degradation in other navigable waters of the Florida Keys, especially in shallow water or near bird rookeries; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Definitions. a) Idle speed no wake means that a personal watercraft cannot proceed at a speed greater than that speed which is necessary to maintain steerageway, b) Personal watercraft means a small class A-lor A-2 vessel which uses an outboard motor, or an inboard motor powering a water jet pump, as its primary source of motive power and which is designed to be operated by a person sitting, standing or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel. c) Wake means all changes in the vertical height of the water's surface caused by the passage of q personal watercraft including, but not limited to, the personal watercraft's bow wave, stern wake, and prop wash. Section 2. Prohibition of personal watercraft upon certain waters of the Florida Kevs; procedure for the establishment of personal watercraft prohibited areas; exemptions. aJ The Board of County Commissioners has determined that the operation of personal watercraft is a threat to the health and safety of the operators of personal watercraft. swimmers, snorkelers, divers, and other boaters upon the following described waters: (1) Boot Key Harbor, as depicted on Exhibit A 1, which is attached and incorporated into this ordinance; (2) The water extending 1200 feet from the shoreline of Higgs Beach Key, as depicted on Exhibit A2, which is attached and incorporated into this ordinance; (3) The water extending 1200 feet from the shoreline of Little Duck Key, as depicted on Exhibit A3, which is attached and incorporated into this ordinance; (4) The water extending 1200 feet from the shoreline of Sombrero Beach, as depicted on Exhibit A4, which is attached and incorporated into this ordinance; (5) The water extending 1200 feet from the shoreline of Islamorada Beach, as depicted on Exhibit A5, which is attached and incorporated into this ordinance; (6) The water extending 1200 feet from the shoreline of Ann's Beach, as depicted on Exhibit A6, which is attached and incorporated into this ordinance; (7) The water extending 1200 feet from the shoreline of Harry Harris Park, as depicted on Exhibit A7, which is attached and incorporated into this ordinance; (8) The water extending 1200 feet from the shoreline of Sea Oats Beach, Port Antiqua Beach, White Marlin Beach and Safety Harbor Beach, as depicted on Exhibit A8, which is attached and incorporated into this ordinance; (9) The water extending 1200 feet from the shoreline of Florida Keys Wild Bird Center (Tavernier), as depicted on Exhibit A9, which is attached and incorporated into this ordinance; The operation of personal watercraft is prohibited upon the navigable waters described in this subsection 2(a). No person may operate a personal watercraft upon such waters. b) The Board of County Commissioners has determined that the operation of personal watercraft is a threat to the quality of life of persons residing on shoreline adjacent to the following described navigable waters: ( 1 J The waters adjacent to Ocean Reef as depicted on Exhibit B 1. which is attached and incorporated into this ordinance: 2 The ol=?eration of personal watercraft is prohibited upon the navigable waters described in this subseCtion 2(b). No person may operate a personal watercraft upon such waters. c) The Board of County Commissioners has determined that the operation of personal watercraft upon the following described navigable waters is a threat to the environment: (1) Within the Western Sambas Ecological Reserve as depicted on Exhibit C 1, which is attached and incorporated into this ordinance: The operation of personal watercraft is prohibited upon the navigable waters described in this subsection 2(c). No person may operate a personal watercraft upon such waters. d) The Board of County Commissioners has determined that operation of personal watercraft upon the following navigable waters constitutes a multiple threat to persons upon the water, the quality of life of persons residing on-shore or the environment: ( 1 ) Description, as depicted on Exhibit D 1, which is attached and made a part of this ordinance (reserved for future use). The operation of personal watercraft is prohibited upon the navigable waters described in this subsection 2(d). No person may operate a personal watercraft upon such waters. e) Maps showing the zones where personal watercraft are prohibited must be made available at the Monroe County Department of Marine Resources. f) (1) Any person may petition Monroe County for the establishment of additional personal watercraft prohibited zones for the navigable waters of Monroe County in areas where the County Commission has authority to enact such prohibitions. (2) A person desiring a personal watercraft zone may file a written request for that zone with the County's Director of Marine Resources. The request should describe with some particularity the area where the zone is desired and the reasons for such a zone. If the Marine Resources Director determines the request is for an area that Monroe County has the authority to prohibit personal watercraft, and that the proffered reasons for the zone would justify the exercise of the police power, then he shall forward the request to the Marine and Port Advisory 3 Committee for the Committee's recommendation on the adoption of zone to the County Commission. If the County Commission determines to adopt the proposed personal watercraft prohibited zone, then the County Commission shall do so through an ordinance amending section 2(a), (b), (c) or (d), as appropriate. g) (1) The prohibitions of this section do not apply to personal watercraft transiting a prohibited zone at idle speed no wake when either enroute from a launching location to an area where personal watercraft are not prohibited or when returning to the launching location. (2) The prohibitions of this section do not apply to emergency or patrol or rescue personal watercraft. Section 3. Personal watercraft prohibited zone to be marked. The personal watercraft prohibited zones shown on the Exhibits of Section 2 must be marked on the waters with uniform regulatory markers in accordance with applicable state and federal laws and regulations, Section 4. Hold harmless aareement authorized. As a condition for the issuance of a permit from the Division of Law Enforcement of the Department of Environmental Protection (hereinafter "Department") for the personal watercraft prohibited zones shown on the Exhibits of Section 2, the County hereby consents and agrees to hold the Department harmless from fault with respect to any claim or 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, Section 5. Penalties. a) Any person cited for a violation of this ordinance shall be deemed charged with a noncriminal infraction, shall be cited for such an infraction. and shall be cited to appear before the county court. Citations shall be issued pursuant to Sec. 327.74. Fla. Stat, (uniform boating citations) by any law enforcement agency authorized to issue such citations. The civil penalty for any such infraction is $50. except as otherwise provided in this section. 4 b) . Any person cited for an infraction under this section may: (1) Post a bond, which shall be equal in amount to the applicable civil penalty; or (2) Sign and accept a citation indicating a promise to appear, The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty, c) Any person who willfully refuses to post a bond or accept and sign summons is guilty of a misdemeanor of the second degree. d) Any person charged with a noncriminal infraction under this section may: (1) Pay the civil penalty, either by mail or in person within 10 days of the date of receiving the citation, or (2) If he has posted bond, forfeit the bond by not appearing at the designated time and location. If the person cited follows either of the above procedures, he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue of commission of the infraction. Such admission shall not be used as evidence in any other proceedings. e) 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 $500. f) At a hearing under this chapter the commission of a charged infraction must be approved beyond a reasonable doubt. g) If a person is found by the county court to have committed an infraction, he may appeal that finding to the circuit court. Section 6. 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. 5 Section 7. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict, Section 8. 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 9. A copy of this Ordinance shall be filed with the Secretary of State, State of Florida, but shall not take effect until the personal watercraft prohibited area is approved by the necessary state and federal agencies, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the lOth day of Jtme ,1998. yes yes yes yes ~o (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK OUNTY COMMISSIONERS OF UNTY, FLORIDA ~ BY~1~J~ ~ eputy lerk jordiijetski 6 Q) ,-c: -.8 ~ I..c: cao J: -- ~~ tn :t:: ::I z 8 ~ '0 '+- "5 C) I ~ ~ rn -c 'C:: o ~ iI: ~ r:/J ~ l- LL e:( ~ u ~ w w Z .~o 3=N ..... Z Ce:(O rn Z en 8 0 :J U ~ U :+::i W >< C 0.. W ~ I::::::::::i:i:=:::il " CD ~ .c~ (.)~ N .2 ~ ~ tn ~ ~ ~~o .2'~ J: . .~ .....1.....'..., \t .:/" ...,{it ~ z ~~~ ~~~ r:/1 ~ c:t: ~~w .~ w Z c~o ..m~N ~...IZ <cO Zen o=> (1)...1 ~O w)( o..w [II......... .......... :::::::::::::::::::: :::::::::::::::::::: :.:.:.:.:.:.:.:.:.:. .......... CD t: ~~ ~t: C")~ 0 <( (.) -- ii -.! tn ~C :::s CD~ ~ ..J .~ ~ '5 "- - ~ C) D.. ~ .6 ~m ~ ~... .0 ,.;:<::::::':- .. .....,..,....~ "'" . ........ ~ i\?11 eLl z r:/J ~ l- LL <( ~ U ~ w ....Z ~2 c:...JZ ~~Q O~ en...J .~ ffi U 1:c..~ /PIlI II.. ,,, -..0"... ;i ,:':.:'.:':':.':':':' q.i!t!!!t!}!! CI) C .J:O oN c o 'Ill:t __ ;0 SllB :c s.;. .J ~! 0 ~d] Jj o ~ z ~J~ ~~~ r/1 ~ l- Ll. e( ~ Ow ~z t-!o t: ~ N ~-IZ e(Q Zen (J 0 3 .- ~ 0 ~wx s;;;; a.. w '"II............ ~-~Vftttf ............. ::::::::::::::.:.:.:. CJ) J:S:: u~ s:: o ~ CO .- :!::1IIIpIt tn ~'-' ~ CO tn z ~J~ ~~~ i -e .C o - LL ~ r./'1 ~ l- Ll- < c=: () c=: w wZ <0 /~N ~....Z <Q ZU) O=> U).... c=:() w X c.. w fI[ill] . m c: ..c:~ ~c: _cp .2 ~m tn ~tn :J ~- (J 'f6ff' {i :..:..:..:,.:.. ,j1 'ifj1f!!tif/i;7!!fii, ..,~....., i ~ .C o u:: ~ z ~~~ ~~~ r./1 ~ l- LL. <( ~ U ~ w w z <0 ::N c ..... Z ~ <( 0 z- o~ (.) CI) u"'" . ~ .;::s w x fa II~.. w ~ ::{{:{:::::: ~ {:(JfW CI) ~c: ~~ Q.c: wO ".- .- ~t: w ~ns ~ wJ: U ~Jj ns J: - 1\ - - . '" - - H ~ - --: - - ~ _ --r _rI: _iL- - - jiiij f-- - ~ - ""I -~ - = ~= ~ - ~~ '-- ~ z ~~~ ~~~ V1 ~ ~ ~ jll~:):" ...... ~ ,:.:.,:.:,......,:.::1..:.:..; l mr :If!Jiffi, ~.:..:.. '.:....:.8...:.... t" ::;[ilillkJXf ............... 5"l<"":::::;=;{ S'~.;Y I- U. <( c::: U c::: w w Z ~O 3: N t:-'z ~<(O z- O~ o ~ U +:;wX t: 0.. w co II..';....,.. - ............. ~ ::.:.:.:,:.:.::::.:. ~ fffff 1--1-- _I...- L I-- - I-- I--~ I-- -- =-:=1 ~ _ 1--11 ~ ~ r- ~_' - ~ f-- " -..;; 1--1-- ~ Y :: '\ IOW)- l ILl~ ~\ ~I v/1-- _/\t=(; I I ~ I 1 ~ 1TIIIII r LT I-- I-- I-- I-- I-- I-- - ..' ........~... "f1~lii!/f~!!f!" ....::~,..... . ::: f/f!!~////!f::. .:::'~~.:::::, '::fj/flW}f!!ft:: ...<1\~ 'Y) \,~ .~ :\Jtjj!!!!/\, ~. '(' ..~ y=~ '::::~~Jfiff:~ ~ 't...... V\ '::::::I':::::f:. ~~ "" ,~ "H!,,'. "H!!!", ,y ,v ,v -'\. \.~ '::. ..:::::::::, ~ ( ,,~"'. :>\Vy A~ "!ff!!!fff!!!!fff;;" .,,"H, &~, ~"<;~~~ ''''f!!JI!f!! ~mJJ~ ~~m~'~~J~"'~~' ,~\ -O~~ 'ifY//y!!;!;, ~J7-"% "~.& ~ ,~ :: ~ '&/~ '" ~~ ':ifffPfff!ff::. ~J\\.Y ...<<Y..-<.,-> "y -<<'~{f; -.... ~J "'H''''H!'',. / >' '" 'V,<\; 7 . >>: . ~'ff!ffffff!fffH,. l>. - U-'" >A , ~~~, <' ~ ~:" ~ >> ..., ""'",."",... ~"'l""YA ~" '" , , · - "'.. ~ ~,ll IV " ^ <C '!ff!f!!!!!!!!!!);" \A.~. QC/'v.~~ "", 1>, d( V'J> '^'<>). l<>>-.~ .... '::f:::f:Y::::ff;':&:::'~":<', ~~~.AV ~ ~ .~,~ ;>_~ ~ .- "H"HHH"H . . .. ,~J-1? "" ,';V ,,~ ... '<.v '-''' .D. "'fffUffff.., ifff".. -~:x~~ ~~ V lK ';:::'''!ffff!Jtfl!ffffffff',,, . ,.-:f<..7 4"" >,,~y ".Y ~~v')~ '" .... .'....-.."'...."'.. /"-,,., . Cy, " " Vi",. ... ~ "'!f!f!!!!!!!!!#fH""!"0p.~ ~ %.. \( ~ 0... "'fffNfH '. iff!.. ~ ~ ~ ... .~ ''''ffl!!!!!!!!!!!!!!;;" ~ /1'\' \'P... - .... ~ "f/!!!#f!fg", ~ '-::Z_ffff#k.. fijjj>' U ~\ E'f3 t'~'~f, 7!JJ#!!!f!!!;\" ;;;:: ""'H""'H''''!H'''" I I r T\" ~ "'I Lif,. ""H""!H' .... m ""'f!f~1"!!!!!!!!f!!!/ff!;'fL;;7J1ri!0ff;/i5,ri1!!tfil' ~ "Hfff!!!1!_7/I!..~/ I ~ CD ~ ! .E ~ j ~ s t; ~ t- LL < I Ct: Uwe ffiz <0 := ~ )~ -10 <- Z U) (.) o :::> __ ~ U C w X ,.", a.. w ,,, -~ ~ ~ ~ i CO -C -- ... o - LL z ~J~ L~~ r:/'1 ~ ~ I- m C ~! ~~ · - s::: mo ~-c .- ~5 ! ~:> (.) ~d1 ~ to -c .- I- o u.. z ~ d!I cu "C 'C o u: ~ ~~ u.:l r../) ~ l- LL e( ~ Uw ffiz ~o :=N -I Z e(Q Zen 03 enu ffix a.. w 11= ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ...... . ...... . ~ :::::::::::::::::::: ~/ \\ I Exhibit B 1 Shoal . , "t I" w'" /-:\ ~U"-ll / "'(: 3 1/" \ 3 I ;. '/- '-.C-.utte Bank ...1" 1/, , 6, ': 1/' 5 I , ! 31/ Lv)' ,/;~ - 0 R ~}" , o Piling "1~ J~,'13. 2 East ,. ,~ . i6.rsenicker ~/l 'iW , "oul 0 " :, 5 . TI~IO;------~, ,,~ I. c, ~~,Jo 'a-- -----7~ fr- --/ __~\~. ~tr'1Jr,5 ~/ ""-, / L I I. s"","-;;'''' /,' 'ii CD ~/._. ~8 10 " " " " 10 " 13 12 ,s 10 10 7 Y 10 .' 10 , 9 10 / 10 C A R/D 10 4 Rk 'i>! 10 , 10 ,I 12/ 13 10 9 '~-:\"k ! ~2 10 ::.-, I. 12 15 " 'PIle PA '.....0 13 12 10 I. I '0/ / I I I " I. " " ! ~>/: \' 10 tt'M-'7- '0 ,0 " " " ) Markers 12 15 10 13 " I. I. /" " 13 13 " I. " 13 " 13 13 " .s. 10 13 12 " 10 " " 10 10 " ~-H+-EO 10 , . 10 -~ .' 5 I, nS \ \ ,f. --..............,..--./ 13 g----:'----- I. --- '5 \ '\ 13 \ 15 ;7 16 '6 I. 15 15 16 , I. < < "I ~ I. "'f 'S f ) ~ \ ,. , ) S 5 '. \,; 12 ~ I. 12 ) ) ) 13 ) II:!:!,';!!!::' :~~L~~~~ ~~~:CRAFT I ~ ~N Description Exhibit C 1 " 3 K~.-w Bathymetry is in feet i!f!}}ffff/:){::::::::::::::::::;:::.::-:.:..,....... .. This reserve is rectangular, extending from the northern limit at the U,S, Naval Air Station property on Boca Chica seaward to the southern limit at the SO-foot depth contour. At the air station, the Ecological Reserve is approximately 2nm (4km) wide; at the south em edge it is approximately 1,5nm (2.8 km) wide. The area covered totals approximately 9nm2, or about 3,OOOha, 11"1:1:1,1:111"1 :~~l~~~~ ~~~:CRAFT NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, June 10, 1998, at 10:00 AM at the Marathon Government Center, 2798 Overseas Highway, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE DEFINING PERSONAL WATERCRAFT; PROHIBITING THE OPERATION OF PERSONAL WATERCRAFT ON THE WATERS OF BOOT KEY HARBOR AND WITHIN 1200 FEET OF THE SHORELINE FROM HIGGS BEACH, LITTLE DUCK KEY, SOMBRERO BEACH, ISLAMORADA BEACH, ANN'S BEACH, HARRY HARRIS PARK, SEA OATS BEACH, PORT ANTIGUA BEACH, WHITE MARLIN BEACH, SAFETY HARBOR BEACH, AND THE FLORIDA KEYS WILD BIRD CENTER, CERTAIN WATERS ADJACENT TO OCEAN REEF, AND ALSO PROHIBITING THE OPERATION OF PERSONAL WATERCRAFT WITHIN THE WESTERN SAMBOS ECOLOGICAL RESERVE; PROVIDING A PROCEDURE FOR THE ADOPTION OF ADDITIONAL PERSONAL WATERCRAFT PROHIBITION ZONES; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION HARMLESS FOR ANY LIABILITY INCURRED AS A RESULT OF THE NEGLIGENT POSTING OF PERSONAL WATERCRAFT PROHIBITED MARKERS; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING 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 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 record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Florida, this 15th day of May, 1998. (SEAL) DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida c-I 1Dannp 'I. l&olbage BRANCH OFFICE 3117 OVERSEAS lllGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNlY 500 WHI-:(EHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 June 17, 1998 CERTJ.l4'lIID MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud Florida Department of State Bureau of Administrative Code and Laws The Elliot Building . 401 South Monroe Street Tallahassee, Fl. 32399-0250 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 019-1998 defining Personal Watercraft; prohibiting the operation of personal watercraft on the waters of Boot Key Harbor and within 1200 feet of the shoreline from Higgs Beach, Little Duck Key, Sombrero Beach, Islamorada Beach, Ann's Beach, Harry Harris Park, Sea Oats Beach, Port Antigua Beach, White Marlin Beach, Safety Harbor Beach, and the Florida Keys Wild Bird Center, certain waters adjacent to Ocean Reef, and also prohibiting the operation of personal watercraft within the Western Sambos Ecological Reserve; providing a procedure for the adoption of additional personal watercraft prohibition zones; providing that Monroe County agrees to hold the Florida Department of Environmental Protection Hannless for any liability incurred as a result of the negligent posting of personal watercraft prohibited markers; providing penalties for violations; providing for exemptions; providing for severability; providing for the repeal of 'ordinances inconsistent herewith; providing for inclusion in the Code of Ordinances; 'providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, in fonnal session, on June 10, 1998. ';;':'1"'1.; Please file for record. Sincerely, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners By: Ruth Ann Jantzen R1-Ir;I,)~) Deputy Cle Enclosure cc: Mayor Jack London Mayor Emeritus Wilhelmina Harvey Commissioner Keith Douglass Commissioner Shirley Freeman Commissioner Mary Kay Reich County Attorney County Administrator Growth Management Director Monroe County Sheriff's Department Florida Marine Patrol Marine Resources Director Ty Symroski, Fl. D.C.A. Mayor, l{ey Colony Beach Mayor, Village of Islamorada Mayor, City of Key West Municipal Code Corporation File ''f'!!-:';:''''-'' ,,-...t.- "------. P 381 826 433 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) ~ - UNITED STATES POST....l SERVICE Sent to MUNICIPAL CODE CORP. Streetpn~O[: BOX 2235 ~ 0) 0) PO. State and ZIP Code TALLAHASSEE Postage Certified Ff~e Special Delivery Fee Restricted Delivery Fee CD C :J ..., TOTAL Postage o & Fees o Postmark or Date 00 M E ~ (ORD. 019-1998) Cf) 0.. -- _.....~ Is your RETURN ADDRESS completed on the reverse side? " en ,..... o ~ t-3'i:l:S:: >. c:: t'"'oZ t'"'. H l!;:l:1:lP ~O'i:l tf.l~> tf.l t'"' t%:lN t%:lNtJ wo Vlt::J t%:l ~ .. . ... > ~i~~ f~~~~ g. !!l ~~;:;:"'o,<'2.'2.C iii ~c!l ~~~lnm >0. 31:: "c"........:O :03 0" ~CDCD.. ~ ~.~ ~ CD~~ ~ -ai;':T ~.!l (I) !.- CD "'P"E!: 0. :i' a 8:!lg ~ "'~ ;a iil <>. '" i I So I: ~o -- O' ... oa i " ~ ~ o' :T.... 3~ i. ~ g' i~ J ! ~ !!t 0 ~ S. g:'2. ... = ~ ;2 g ~ !II eJi i 0' <>'0 II 3 ~~ 51- S ~i _ g ~!1 ~ i ~~ 2 CD :T2 g- 2 ~3 : i !1.CD ::J C CD'" S? 3 !'l ~ ::0 (I) o (I) <' (I) 0. III ':"i 1J ~ ~ ~ "':l t'"' o I-' \0 I I-' \0 \0 CXl '-' W N W I-' 0\ I N N W VI tJ o ~ o ~ t-3 H o Z o o 3 CD en - 5' :0 CD - C .... :::J :0 CD o CD ii' - !Xl :-laoo~ t ~~ O:IJ~::oen'i:l). Q.o. ~!a"C(I)(I)wd: Qt; o~;~'S'CXlo. Cll ~ R'\.-:IJ (II CD 2 I-' (I) /ij'(I)~"".o!l!(II.., Z (I) (l)ClS3:(I)-I c:: "2(11- \ ~ -, I!!. o.~ ~3 b> .e;~ ~~~ ~ - (I) 0\ ~ ::I ~ c..., (1100 ; I s::: -P- ~ ~~ i ~ ~ ill" ::;; ca 001)( 1 8liQ ! 0E;~ ~~ Thank you for using Return Receipt Service. - '" or "8 ::0 (II m ~ s: ll> !l m- .~ .., 0 Q ~ - < (I) (I) !1l -< ~ge: a~l!: it 5':IE ~ ~~~ 0. (I) _ ; s.~ !ll 2 ~ * (II (I) en" rc as' > .., g. 8: ~ (I) ; ~ - .. P381 826 432 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) ~ - UNITED STATES POSTAL SEfNlCE Sent to MRS. LIZ CLOUD 'l ') Postage Certified Fee Special Dfdlvery Fee ;2 :; ..., TOTAL Postage o & Fees o 00 M E o u.. Cf) 0.. Postmark or Date ORD. 019-1998) Is your RETURN ADDRESS completed on the reverse side? " !'l ~ (J) (J) "'', ~ ><~' ~~~,~ ~ (0) e- <t::Jt'"' CD ;. . ~ .....;.:.1 > .... ::t.: ,. tf.l a: en ca t%:l l:l t%:l <D Q) ~. ~ 1 -P-t-3b:l"':l:S:: O::I::C:::::t'"'~ 1-'t%:l~Otf.l t%:l~. ent%:lil>H ot'"'c:::::t::Jt'"' c:::::t'"' >H t-3HO N ::I::O"':lt::J t-3 t%:ltJ :s:: E;'i:lt'"' ~~:s::~@ ~~~o t%:lt::JH"':l Htr.l Zt-3tf.l c<")~;; t-3t-3 Ht%:l <::: t%:l tJ o t::J t%:l ~ .. . ... > ~i~~ !~~~~!;2 g. !!ll~"" 9-0,< '2.'2. C iii ~c!a' ~~~iim c.> 31:: "c"........:O :113 0" ~CDCD.. ~ ~.~ ~ CD~~ ~ -ai;' - ~ ... !l ~ ~i i' ~: ~ ~ ~! [ li~;;; it 2. =~o oa :T g' [ ::e.msa. g-g 3 Ql o' ~:T l!!, iil ;> ::reD '2: ~ IE. !~ J ~ ~. ~i' ~ i !il :IE 2 " oi' . eJg i 0' ~f II 3 ~. it ~ ~ ~~ -! a ~~ 2 ~ :T2 g- 2 :g. 11 i Fi!!t ~ 3 o CD o (I) 3 c- CD .., ... <0 <0 ". W tf.l Nt-3 w . \0 \0 I o N VI o r~ '-. 'S f~ o o 3 CD en - 5" :0 ~ c .... :::J :II CD o CD "6' - !Xl ~~ 0:IJ Q.~ ~ ~ Qt (I) 9. 3 <D!ll :IJ /ij'(I) o !I! ~ (1)_ I' ~ CIS III (II ___< ;S' .e;~ ~ a- ~ 'Z .., CD i ~,....~ t; g;~ ;:,CO a N ~::t.; ~ _ ill' III ~ !ll :::t;<J:) !C.t1J ~~oo)t 0:- .Q Q'm.> t: () 5" () <' 0. lJl 0(11(1) iD'lDo. ii o~a !1l-<; Q. ~ ~ !ll Thank you for using Return Receipt Service. :-l oo~ ~ > 'i:lg. wiii CXlZ I-' ~ () CXlc-o~:-" N ~ iil 0\ ~ (1)-- ~g,!!t ail!: f~':!$" ~ (II '" (II =r (1)_ s,~ 0(1) (1)0 (11(1) a- ~. "'g. ~(I) m::Oen )( (I) (I) ~ ce. ~ (I) !!? :::.. ~ (I) 2 3: ; -I I!!. 0. ~ - (I) :T oi' DO + , DIVISIONS OF FLORIDA DEPARTMENT OF STATE .Office of the Secretary Division of Administrative Services Division of Corporations Division of Cultural Affairs' Division of Ele,tions Division of Historical Resources Division of Library and Infonnation Services Division of Licensing MEMBER OF THE FLORIDA CABINET FWRIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DMSION OF ELECTIONS HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic TampalHillsborough County Preservation Board RINGLING MUSEUM OF ART June 24, 1998 Honorable Danny L. Kolhage Clerk to Board of County Commissioners Monroe County 500 Whitehead Street Key West, Florida 33040 Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your three letters dated June 17 and 19, 1998 and certified copy each of Monroe County Ordinance No. 98-19, which was filed in this office on June 19, 1998; 98-20, and 98-21, which were filed in this office on June 22, 1998. Sincerely, ~~~ Liz Cloud, Chief Bureau of Administrative Code LC/mw :x 0 ~ ;po ::oC'>;: g~=< no r- oC'>" c:-- ....:::0...... ...... C> -t(")r :<-t:1: 'J> -r'l C) r ,." ?> \D CIl) ~, Z N \D -0 :x ~ N ." - r- m c .." o ::n :::0 f'T1 C') <:) ::0 C BUREAU OF ADMINISTRATIVE CODE The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427 FAX: (850) 488-7869 . WWW Address: http://www.dos.state.f1.us . E-Mail: election@mail,dos,state.jl,us ~!IjICIPAL CODE CORPORATION llstoler ServltES PD Box 2235 Tallahassee, Fl 32316-2235 Supplement 55 07/01/98 We have (e(!ived the fG!IG~Ing material. Thank you for your aSsistance and cooperation. Ordinance Nos. 019-1998 and 020-1998. 1-800-262-2&33 (Nat lonal) lSA Send your ordinances to ords@lail.lunicode.col Visit our ho~e page a; http://~~w..uni(ode.(o~ lOOKING fOR A SPEC:fIC CRDINANCE? WE CAN HELpl A3K OUR SAMPLE ORDINANCE DEPARTM~NT FOR INFO Need additional cupies of your zuning or charter? We can print (opie; of any section ~f the Coce. Call cur Custoler Service Department for costs. " ~~_.., H';"-.o;.) \':" ~:-=:.~..: .' . "'I.S"~-"'~- . :; '0\;_ I~ U.S.POSTAGE :t , JU-l-I'98 f1l y.. ~ 'S :, ~, 177;, i, ~ ..... 0 2 0 - -I, '. - I, ::::. :: :i t="L P8MtTEA ~I 6806600 :, TO: Ms. Ruth Ann Jantzen Deputy Cler~ Monroe County 500 Whitehead Street Key West, FL - --'- ~.~ - --- - - ---- --- - -"- - ~- - ._-~ ---- ~ ~ -..-- -- -- - - -- --. -- -- --------,.,...-- (3 .f'.I.c,I'. Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned (luthority personally appeared Randy G. Erickson, who on oath says that he is Advertising Director of the Key West Citizen, a daily newspaper published at Key West in Monroe County, Florida, that the attached copy of the advertisement, being a legal notice in the matter of (V~fl(t Cl ~ ~~ ((.l().fl In the n/~ ~'1 '^~ cI-- ?q J f / -j4v1f W1101-J / () 'C t ( /IV} K.J1,- ,o~ ~So ~>4--<.. Court, was published in said newspaper in the issues of Lot. 'tV 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, each day (except Saturdays and specified holidays) and has been entered as second-class mail matter a the post office in Key West, in said Monroe County, Florida, for a period of I year next precediI1g 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 urpose se u 'ng this advertisement for publication in the said newspaper. Sworn and subscribed before me this /~day of r 1998 , p~. Notary Seal Expires ~ternbcr 17th 2000. P<:r\on;Jlly J::nown _~___ PrqdlJu:d IdentificatIon Iyp(' of Ickntdicallol Produced /~'ii'.i\"r, Teresa Gayle Darling ~~( i:~ MY COMMISSION # CC585942 EXPIRES "l.i.....~.~l September 17, 2000 '..9F.,f~.." BONDED THRlI TROY FAIN INSURANCE, IlIe NOTICE OF INTENTION TO CON- SIDER ADOPT1ON OF COUNTY ORDIWlNCE NOTICE IS HE~ J~IVEN TO WHOM IT MAY ~",ERN that, on wednesday, J",nelC>, 1998, at 10:00 AM at tile ~on Government center; ~798'. pvers&8S Highway, Marathon, Monr98 County,Florida, the Board of County Cqmmissioners of Monroe County, Florida, intends to oonsider the adoption of the follow- ing Countyordlnan~: ".. ;~,;, . AN,OR~,(D~l\~~i':PER- SQ~. h.L.,W~TEl't. . ceRA. . t' l~rr,R(),..HIBIT- ING THE OPERATION OF PER- SONAL WATERCRAFT ON THE WATERS OF BOOT KEY HARBOR AND WITHIN 1200 FEET OF THE SHORELINE FROM HIGGS BEACH, LITTLE DUCK KEY, SOMBRERO BEACH, ISLAM'ORAOABEACH, ANN'S B~CH, HARRY HARRIS PARK, SEA OATS BEACH, PORT ANTIGUA BfSACH, WHITE MARLIN BEACH, SAFETY HARBOR BEACH, AND THE FLORIDA KEYS WILD BIRD CENTER, CERTAIN WATERS ADJACENT TO OCEAN fi'EEF, AND ALSO PROHIBITING THE OPERA- TION OF PERSONAL WATER- CRAFT. WITHIN THE WESTERN SAMBOS ECOLOGICAL RESERVJ:; PROVIDING A PROCEDURE FOR THE ADOPTION OF ADDITIONAL PERSONAL WATERCRAFT PROHI- BITION ZONES; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA DEPART- MENT OF ENVIRONMENTAL PRO- TECTION HARMLESS FOR ANY LI- ABILITY INCURRED AS A RESULT OF THE NEGUGENT POSTING OF PERSONAL WATERCRAFT PRO- HIBITED MARKERS; PROVIDING FOR PENALTIES FOR VIOLA- TIONS; PROVI'DING FOR EXEMP- TIONS; PROVIDING FOR SEVER- ABILITY; PROVIDING FOR THE RE- PEAL OF ORDINANCES INCON- SISTENT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286~()105, Flor- ida Statutes, n~lce Is given that if a person decides to appeal any deci- sionmade by the "oard 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 en- sure 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 avaitablefor review at the various publiC' libraries In Monroe County, Florida. ) , DATED at Key West, this 20th day of April 1998. ' DANN'( L. KOLHAGE Clerk of the Circuit Court and ex offi- cio Clerk of the Board of County CommissionerS of MOnroe County. . FlorIda . , ~ Mav 22nd & 29th. 1998 PROOF OF PUBLICATION 'f ... . . . THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATIlON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) Before the undersigned authority personally appeared Tom Schumaker who on oath, says that he/she i: of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in MONROE COUNTY,FLORIDA; that the attached copy ofadvertlsement, being Notice of Intention Publisher IN THE MATTER OP: Consider 'Adoption Cty Ordinance - Personal Watercraft in the Coun was published in said newspaper in the issues of May 23,30,1998 . Alliant further says that the said FLORIDA UYS KEYNOTER is a newspaper at MARA mON, ia said MONROE COUNTY. FLORIDA. aad thai tbe said news- paper has heretofore been contilluously published in said MONROE COUN- TY, FLORIDA, twice each week (on Wednesday ad Saturda)') &lid has been entered as secolld class mail matter at the post office ill MARATHON, in said MONROE COUNTY. FLORIDA, for a period of olle year Ilext precedinl the fir~",-pub1ication of the attached copy of advertlsemellt; alld afflallt fu~ tber says that he has neither paid nor promised any persoll, finn, or corpo- , ration any discount, rebate, commission or refund for tbe purpose of secur- ing this advertisement for publication in the said newspaper.(SEAL) see reverse side (seal) ~ t SWORN TO AND SUBSCRIBED BEFORE ME mls 29th ~ 2! ;:- ::..~ DA Y OF June A.D. 1998 ~ f,~ / . . Ilo~ 301.4l!C?9.. Noi1cE ofINTENtlONi' ~, 1"0 CONSIDER ADClf'Tl()N. , OFCoyN1"YQRDlNA':'Ci: .' NOT.aCE J$.~BV~va..l'O WHOM IT MAY CoNCERN that ' on Wed~. .June 10.. 1998. at 10:00 AM at the Milrattion Government ..,.~er.279", Over_s .~lIVey. Mar.tholl. MOnroeCoont,. F~a.'.. \tie Board 0" CoUn . Commjqjon- "" of MonrOe~Y. ~. intends: to consfJel< the adOp- lion of the follo\lllin9 County .ot:~ difittnce: ' AN ORDIII\.M4CEDEFINING 'frerSOnal IIVat""'faft: P'AOHIBI1"- NG TH6,OPUtATlOlII Of f!ERc SOHAL IIliA"i'ERCRAFT ON THE WATERS OF BOOT KEY HAR- BORANDWlTHIN 1200 FE Of THE SHOREUNE fROM HIGGS BEACH UTTl.E DUCl< KE".SOMBRmo;~EACH. IS- LAMORADA 'DeAtH.' ANN'S BEACH. HARRY HARRIS PARK. SEA OATSBEACH..PDRT AN- TIGUA BEACH.' WHITE MAR- LIN BEACH. ,SAFETY HARBOR BEACIol..ANDTHE FLORIDA KEYS WILD BlRO CENTEII: CERTAlflI WA,1'EItSAO.JACENt' TO OCEAN REEl'. AND ALSO PROHIBI1'lNG THE OPERATION Of PERSONAL WATERCRAFT WITHIN THE WESTERN' SAM- BOS ECOLOG1CAL RESERVE:, PROVIDING A . PROCEDURE fOR ,THE Al)OPT\ON..Of ADD\'- 'TIONAL PERSONAL WAllER- CRAFT PROHIBITION ZONES. PROVIDING THAT MONROE CoUNTY-,AGREES TO HOLD, THE FLQRtDA DEPARTMENT ~~F .t~~~~~~'}loo':~. L1A UTY lillC(j~6[),As A RE-'.. ' SUl:OF:>1'I'lE iNEGUGENT !'OSTING Of PERS9NAl. WA- TERCRAFT PROHIBITED MARKERS: . PROVIDING PEN- ALtiES FOR VIOLATIONS; PROVI!>ING .'. FOR EXI;MP- TIONS: PROVIDiNG FOR SEV- ERABluty;, PROVIDING FOB 1:1:110 RePlj;AL 'OF. ORQ.IIIIINANCES INCONSISTENT" HERE'WlTH: PROVIOING FOR INCLUSION' IN THE CODE Of ORDI- NANCES; PROVIDING FORAN EFFECTIVE DATE. Pups"""t to Secti\>n286,()105. Florida Statutes. notice is given that if a person decided to ap- peal any decision made by the Board ';IIith respect to any mat- 'ter conSidered at 'such hearings or .meetings. he will need a re- cord 0' the proceedin9s. and that. fot~uch purpose. he may Ijeed to ensure. thet " verbatim record of the ~sis made. w/tich . record include," the testimony and e'l/idence upon which the appeal is to be based. CoP",$. Of the~refantneed ordil\al"Clll are avail" for. re- vieW,attke variOUs pUblic libtar- iesln Monroe County. Florida, Datec;!at Key WeH' lilorida.. . this 15th <!aY Of Mily,1998 DANNY L KOLHAGE. . Clerk Qf the Cin;:uil CQIlr1 . 'lltid me Offii:,IVClerk aUke Board of County Commis~s of Mon~ ~nty. F\bride Publi.s" May 23. 3<>. 1998 f..~lQrid>\l<eV$ Keynotei'. . 7~ Serving the Florida Keys P.O. Box 1197 · Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8249 STATEMENT OF PROOF OF PUBLICATION USPS #905580 STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DONNA STUTTS, who on oath, says that she is PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad. NOTICE OF INTENTION Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. s~/L~ ORE ME THIS 29TH DAY OF JUNE. A.D., 1998 NOTARY PUBLIC MY COMMISSION EXPIRES: Notary Public. State of Florida My Commlsslon Expires Aug 2, 2001 Commission # CCf>45994 ~,.. lO.",'- ~ ~ N(Jn(::E Of INTENTION ~ .T. CoNSID..... '..'Y?'...... A . . .."" . . c.. ".' '. ' ~'''',',.- . - . ,. '" ..,., """, '.;,;..;, NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN.at on W!ldnes- day, Jllly 8, 1998; at 10:00 A.M. at th!l Hl\lV!lY C!lnu:r- TromanScboQl, I~OOTroman Avenllc, Key West" Monroe COllnt)', Florida, the Board of COllnty Commissioners of Monroe COOllty, Florida, in- tends lO tonsider the adoption of the following COllnt)' ordi- nance: AN . ORDINANCE AMENDING SECTION 20F ORDlNACE NO, 019-1998 BY PROHIBITING THE OP- ERA nON OF PERSONAL WATERCRAFT IN THE NORTH WHALE HARBOR CHANNEL AND WITHIN 1200 F~ETOFTHE SHORE- LINE OF DUCK KEY; AMENDING SECTION 90F ORDINANCE NO, 019-1998 IN ORDER TO CLARIFY THE EFFECTIVE DATE OF SUCH ORDINANCE; PROVIDING THE SEVERIBILTY;PROVDING FOR THE REPEAL OF ORDlANCES INCONSIS- TENT HEREWITH; PRO- . VI DING FOR INCLUSION IN THE cornr .OF. ORDI- . NANCES; PROVO DING . FORAN EFFECTIVE DATE, Pllrsllant to S!lctlon 286,0 lOS, FlorldaSWIIU:S; n0- tice is glverr that if a person . de<;idcd to appca1 any decision made by the ao-a with re- spcctlOany~consicIcRd at slICh hearinior meeting. he will need Ii n:corcl of the pro- ceedlnp. and that,.' for slIch purpose, he 1I1J)" need to en- SIII'C that . vertlatim recenfof theprocecdinp ismade. which rec:ord includes thetcstilTlonY and cvidence I1JIOft which the appeal is to be based, CQpics of the Ibove-ref- ,-CICACCd ordinance are avail-' ....far I'IView III die YIIriCM public rUMwia ill ,...... CCMlly. ....... ".'/:'."'~.o"\...i. 7~ Serving the Florida Keys P.O. Box 1197 · Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8249 STATEMENT OF PROOF OF PUBLICATION USPS #905580 ST ATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DONNA STUTTS, who on oath, says that she is PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad. NOTICE OF INTENTION Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. ~ I.-~ f/;&z; SEAL ORE ME THIS 29TH DAY OF JUNE. A.D., 1998 ~ NOTARY PUBLIC MY COMMISSION EXPIRES: , , ~... ""'~ Notary Public - State of Florlda My Commission Expires Aug 2, 2001 Commlssloo # CCM5994 ....- '" ' 7~ Serving the Florida Keys P.O. Box 1197 · Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8249 STATEMENT OF PROOF OF PUBLICATION uSPS #905580 STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DONNA STUTTS, who on oath, says that she is PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Momoe County, Florida: that the attached copy of advertisement, being a legal ad. NOTICE OF INTENT ADOPTION OF COUNTY ORDINANCE PERSONAL WATERCRAFT. Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Momoe County, Florida, and that the said newspaper has heretofore been continuously published in the said Momoe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County ofMomoe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said ~%i~ SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS 22TH DAY OF MAY. A.D., 1998 /I} 4.. (7'/) /UJ ~-L ;t/ L...k~ NOTARY PUBLIC MY COMMISSION EXPIRES: !IJ,t90 Y 1'11'<10 ~& *~* ~.!~~ "ItOfP'tJI.... DAVEE R DOVE My Como, ....elon C04S1878 ExpIree Feb. Cle. 1889 Bonded by ANB 800-862-5878 MmCI: OF. Jlln'ENTICJfll to CONIINR ~r NOTICE is HEREBY QIVEN-TOWHOM IT MAY CQNCERNthat on Wednes- day, June 10, 199&, at to:OO A.M, at the Marathon Gov- ernrnent Center, 2798 Over- seas Highway, Marathon, Monroe County, Florida, the BoardofCounty Commission- ersofMonroeCouDty, Florida, intends to consider the adop- tion of thefollowing County ordinance: AN ORDINANCE DE- FINING PERSONAL, W 1\- TERCRAFT;PROHIBITING THE OPERATION OF PER- SONAL W ATERCRAFTON THE WATERS OF BOOT KEY .HARBOR AND WITHIN I 200 fEET OFTHE SHORELINE fROMHlOGS BEACH, LlTTLEOUCK KEY, SOMBRERO BEACH. ISLAMORADA . BEACH, Al-IN'SBEACij; HARRY HAIUUSPARK, SEA OATS BEACH. ON LOWER MATECUMBE, THE BA VSlDE OF PORT ANTIGUA BEAC;H;' AND THE FLORIDA KEYS WILD BlRD cENTER, CERtAIN . WATERS, ADJACENT TO oceAN REEf,ANDALSO PROH,IBITING THE OP- ERArlON Of .PERSONAL WATERCRAFT WITHIN THE WESTERN SAMBOS, ECOLOGICAL RESERVE; I PROVIDl~G A PROCE-, DURE FOR'fHE ADOP110N .QF,ADDlTIONAL PER- SONAL W.ATERCRAFT PROHIBITION ZONES; PROVIDING THAT MON- ROE COUNTY AGREES TO HOLD THE FLORIDA DE- PAIlTMEN1" OF ENVIRON- MENT AL PROTECTION HAlMLESS FOR ANY L1- ABILITY INCURRED AS A RESULT Of THE NEGLI- GENT I'OSTING OF PER- SONAL WATERCRAFT PROHIBITED MAItKERS; PROVIDING' PENALTIES FOR ViOLATIONS; PRO- VIDING FOR EXEMP- TIONS; PROVIDING FOR SEVERABLlLlTY; PRO- VIDING FOR THE REPEAL ORDINANCES INCONSIS- TENT HEREWITH; PRO" VIDING FOR INCtUSION IN THE CODE QF ORDI- NANCES; PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286,0 I 05, Florida StatUtes, no- tice is given that if a person decided to appeal any deci- sion made by the Board with respect to any matter consid- ered at such hearing or meet- ing, 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 tes- timony and evidence upon whichthe appeal is lobe based, Copies of the above-ref- erenced ordinance are avail- able for review at-the various public libraries -in Monroe County, Florida, DATED at Key West. Florida, this 15th day of May. 1998, DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of 'the Board of County Commissioners of Monroe County, Florida Published:"V21 and 517898 11te'~r ~ TavenIier. PL 33070 PROOF OF PUBLICATION 'f ..' THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATIlON, MONROE COUNTY, FLORIDA ST ATE OF FLORIDA ) COUNTY OF MONROE) Before the undersigned authority personally appeared publisher Tom Schumaker who on oath. says that he/she i of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, Notice of INtention in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Consider Adoption Cty Ordinace - Personal Watercraft IN THE MATTER OP: in the Alliant further says that the said FLORIDA KEYS KEYNOTER is a aewspaper at MARATHON, ia said MONROE COUNTY. FLORmA, aDd tha& tile said new.. . paper has heretofore been coatinuously published ia said MONROE COUN- TY, FLORIDA, twice each week (on Wednesday aDd Saturday) aDd has been entered u second class maU matter at the post office ia MARATHON, in said MONROE COUNTY, FLORmA, for a period of oae year nezt precedinl the firs~publication of the attached copy of advertisemeat; aad affiaat fu~ ther says that he has neither paid nor promised aay persoa, firm, or corp~ . ration any discount, rebate, commission or refund for the purpose of secur- ing this advertisement for publication in the said newlpaper.(SEAL) see reverse side aL (seal) eOOROTHY SHEA My Camm , 1011512001 MIe Banded By Service In' No.'CC688796 PtnoNIItt ~, II 0IIIr 1.0, t 1st SWORN TO AND SUBSCRIBED BEFORE ME THIS ~ ..d ::- ... ~: ...i?J DA Y OF June. A.D. 19 98 ~ e.<~ /' . . • no.3014800- - • NOTICE OF INTENTION TO CONSIDER ADOPTION. OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO • WHOM IT MAY CONCERN that on Wednesday,June 10,.1998, at 10:00 AM at the Marathon Government Center, 2798 i- Overseas Highway, Marathon, Monroe County, Florida, the fi Board of-County Commission- ers of Monroe County, Florida, intends to consider the_adop- -ton of.the following County or- -dinance: - •AN ORDINANCE DEFINING personal watercraft;PROHIBIT- ING THE OPERATION OF PER- SONAL WATERCRAFT ON THE WATERS OF BOOT KEY HAR- BOR AND WITHIN 1200 FEET OF THE SHORELINE -.FROM `HIGGS BEACH, LITTLE`DUCK • KEY, SOMBRERO BEACH, IS- LAMORADA BEACH, ANN'S BEACH,HARRY.HARRIS PARK.. SEA OATS BEACH,PORT-AN- -.- TIGUA BEACH, WHITE.MAR- • LIN BEACH,SAFETY HARBOR BEACH, AND THE FLORIDA -KEYS WILD BIRD -CENTER; •CERTAIN WATERS ADJACENT TO OCEAN REEF, AND ALSO • • -PROHIBITING THE OPERATION • "OF PERSONAL WATERCRAFT ' WITHIN THE WESTERN SAM- BOS ECOLOGICAL RESERVE; PROVIDING A PROCEDURE FOR THE ADOPTION OF ADDI1 TIONAL PERSONAL WATER- -CRAFT PROHIBITION.ZONES. PROVIDING THAT MONROE COUNTY -AGREES TO HOLD THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PRO- 1 TECTION HARMLESS FOR ANY LIABILITY INCURRED AS.ARE- SULT OF THE NEGLIGENT POSTING-OF PERSONAL,WA- TERCRAFT PROHIBITED MARKERS; PROVIDING PEN- ( ALTIES FOR VIOLATIONS; 'PROVIDING FOR, .EXEMP-: TIONS; PROVIDING FOR,SEV- ERABILITY; PROVIDING-. FOR THE REPEAL OF ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCLUSION ;• IN THE-.CODE OF- ORDI-. NANCES;PROVIDING-FOR`AN EFFECTIVE DATE. ,• --_ - Pursuant to Section 286.0105, Florida Statutes,notice-is given • -that if,a person decided to ap- -peal:any decision.made by the 'Board with respect to any mat- ter considered at such hearings m-or meetings,he will.need a re- - of the proceedings; and , •that,';for such purpose,he may - , need to ensure that a verbatim redord'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 ordinance ere available for re- ' view at the various publiclibrar- - ies in Monroe County,Florida. Dated at Key'West,Florida;this 15th day of May,1998 DANNYLKOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of • Monroe County,Florida •Publish May-23,30,1998 Florida Keys Keynoter 7~ .. Serving the Florida Keys P.O. Box 1197 · Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8249 STATEMENT OF PROOF OF PUBLICATION USPS #905580 STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DONNA STUTTS, who on oath, says that she is PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad. NOTICE OF INTENTION Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said n\Im~ :Ju ro SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS 8TH DAY OF JUNE. A.D., 1998 /Y~ ~ ~ NOTARY PUBLIC MY COMMISSION EXPIRES: .~~8V" ~fI~ ..,~ Of flO'>~') DAVEE R DOVE My Cornmi8eion CC431178 E~plr_ Feb. 06. 1QQ9 'Jonded by ANB .'300-852-5878 ~, " ) I ''-'''--'.----. .. NOTICEoF~ TO CCJIIIISIDER ~NT\' NOTICE IS HEREBY GIVEN TO W\lPM IT MAY, CONCERN thai on Wednes- day, June 10, 1998, at 10:00 A,M. at the Marathtlfl'Gov- emmentCenter, 2798 Over- seas Highway, Marathon. Monroe County, Florida. the Board of County Commission- ersofMonroeCounty, Florida. intends to consider the adop- tion of the following County ordinance': AN ORDINANCE DE- FINiNG personal watercraft; PROHIBITING THE OP- ERATION OF PERSONAL WATERCRAFT ON -THE WATERS, OF BOOT KEY HARBOR AND WITHIN I 200 FEET OfTHE SHORE- L,INE FROM" HIGGS BEACH, LITTLE DUCK KEY, SOtvlBRERO BEACH, ISLAMORADA BEACH. ANN'S BEACH, HARRY HARRIS PARK. SEAOA TS BEACH, PORT ANTIGUA BEACH. WHITE MARLIN BEACHSAFETY HARBOR BEACH AND THE FLORIDA KEYS WILD BIRD CENTER. 'CERTAIN WATERS ADJACENT TO OCEAN REEF, AND ALSO PROHIBITING THEOP- ERA TlON OF PERSONAL WATERCRAFT WIT'HIN THE WESTERN SAMBOS, ECOLOGICAL RESERVE; PROVIDING A PROCE., DUREFOR THEAOOPTION OF ADDITIONAL PER- SONAL WATERCRAFT PROHIBITION ZON ES; PROVIDING THAT MON- ROE COUNTY AGREES TO HOLD THE FLORIDA DEe PARTMENT OF ENVIRON- MENTAL ,PROTEC1:ION HARMLESS FOR ANY LI- ABILITY INCURRED AS A RESULT OF THE NEGLI- GENT POSTING OF PER- SONAL, WATERCRAFT PROHIBITED MARKERS; PROVIDING PENALTIES FOR VIOLATIONS; PRO- VIDING FOR EXEMP- TIONS; 'PROVIDING FOR SEVERABLlLITY; PRO- VIDING FOR THE REPEAL ORDINANCES INCONSIS- TENT HEREWITH; PRO- VIDING FOR INCLUSION IN THE CODE OF QRDl- NANCE5;flaOVII)INO FOR ANEFFECnVE ~TE, PUFSIIUt to ,Section 2.6.0I05,AaiWa,....- '* is &ivcn- if.,.... decided ,to appoaI ,any deci- sion made b)' the Board with respect to any matter consid- ered al, such hearing or meet" ing, he will llCcd I record of the proceedlap,.and that, for. such pw'JlO$C, he lIlay need to ensure that . vetbatim record of the procccdings is,It\lIde, which record inc;Iudes the tes- timony' and evickncc upon which the appeal is to be based. Copies of the above-ref- erenced ordinance are avail- able for review at the various ~o';.~lY:~ .~..~' DATED at Key West, FI.,rida, this 15th day of May 1998, ' , DANNY L. KOLHAGE Clerk of the Circuit Co. and.c,X officio Clerk of ..the BtSaId of,county Cc>>ntnl$S.ioners of Monroe County. Florida Published: 5121 and 5/2898 .".. -,' r-.1.... TlWernier, F\. 3)470 / 7~ Serving the Florida Keys P.O. Box 1197 · Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8249 STATEMENT OF PROOF OF PUBLICATION USPS #905580 STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DONNA STUTTS, who on oath, says that she is PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy oIadvertisement, being a legal ad. NOTICE OF INTENTION Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. ~ 5/t{~ SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS 8TH DAY OF JULY. A.D., 1998 ~~ /? ~ NOTARY PUBLIC MY COMMISSION EXPIRES: n4 ","Iii R El61f1! ~y COITIInleeion CC431878 EV.pWee Feb, 06. 1889 donded by ANa 800-852-5878 NOTICE OF INTENTION TO CONSIHR ADOP1ION Of COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednes- day, June 10, 1991\. at 10:00 A,M, at the Marathon Gov- ernment Center, 2798 Over- seas Highway, Marathon, Monroe County, Florida.. the Board of County Commission- ersofMonroeCounty. Florida.. intends to consider the adop- tion of the following County ordinance: PUmaaat to Section 216.0105, FIorida5ables, n0- tice is Jivat ... ih perIOII ~ided to appeal any deci- sIon made by the Board with respect to any matter consid- ~red It ~ hcarin.'or mee,l- m..J1Ul!ilt~.. .....n.d llf the proceedings, an4 that. for such purpose, he may lICCd to ensure that a verbatim record of the proceedings is made, Which record includes the tes- timony and evidence upon whichthe appeal is to be based. 'Copies of the above-ref- erenced ordinance areavail- able for review al the various public libraries in Monroe County. Florida. DATED at Key West, Florida. this I Sth day of May, 1998, AN ORDINANCE DE- FINING personal watercraft; PROHIBITING THE OP- ERA TION OF PERSONAL WATERCRAFT ON THE WATERS, OF BOOT KEY HARBOR AND WITHIN 1200 FEET OF THE SHORE- LINE FROM HIGGS BEACH, LITTLE DUCK KEY, SOMBRERO BEACH. ISLAMORADA BEACH. ANN'S ,BEACH. HARRY HARRIS PARK, SEA OATS BEACH, PORT ANTIGUA BEACH, WHITE MARLIN BEACHSAFETY HARBOR BEACH AND THE FLORIDA KEYS WILD BIRD CENTER. CERTAIN WATERS ADJACENT TO OCEAN REEF, AND ALSO PROHIBITING THE OP- ERATION OF PERSONAL WATERCRAFT WITHIN THE WESTERN SAMBOS. ECOLOGICAL RESERVE; PROVIDING A PROCE- DURE FOR THE ADOPTION OF ADDITIONAL' PER- SONAL WATERCRAFT PROHIBITION ZONES; PROVIDINGTHA T MON- ROE COUNTY AGREES TO HOLD THE FLORIDA DE- PARTMENT OF ENVIRON- MENT AL PROTECTION HARMLESS FOR ANY L1. ABILITY INCURRED AS A RESULT OF THE NEGLI- GENT POSTING' OF PER- SONAL WATERCRAFT PROHIBITED 'MARKERS; PROVIDING PENALTIES FOR VIOLATIONS; PRO- VIDING FOR EXEMP- TIONS;PROVIDING FOR SEVERABLlLlTY; PRO- VIDING fOR THE-REPEAL ORDINANCES INCONSIS- TENT HEREWITH; ,PRO- VIDING FOR INCLUSION IN THE CODE OF QRDI- NANCES;PIlOVIDING FOR AN EFFECTIVE DATE, DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of _ the Board of COUllty Commissioners of Monroe County, , Florida Published: SI2I and S/2898 The Reporter ~ . ...Ll'i#,.,rv '" \.D ...., :c CJ OJ r= ~CJ~f E a Ol~-: .- r1'l ~ -. _ .." ("') . r- ...J 0 0("")' ;0 c::~ ;-,;: ;0 %. 0 ~ fT1 ~~~ :::' ('") "'J>.- 0 COUNTY OF MONROE ;;; ~ ~ ~ Before the undersigned quthority personally appeared Randy G, Erickson, who OIfoath says that he is Advcnising Director of the Key West Citizen, a daily newspaper published at Key West in Monroe County, Florida, that the attached copy of the advertisement, being a legal notice in the matter of Published Daily Key West, Monroe County, Florida 33040 ST A TE OF FLORIDA in the ftJ(J1/l.L o!:- 1tv1 € JV1tD~ I C) R. Of t}n( €a PVC,.- S€C~ 2- Court, was published in said newspaper in the issues of '1 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, each day (except Saturdays and specified holidays) and has been entered as second-class mail matter a 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 advenisement; and affiant further says that he has neither paid nor promised any person, finn or corporation any discount, rebate, commission or refund for the purpose uring this advenisement for publication in the said newspaper. Signature of Affiant Sworn and subscribed before me this ~:t.day of ~ , 1998 ~ Notary Seal Ixplres ~pJ~lnbJ;L1.21b.. 200(j Per<,onillly Known . u~ Produced Idcnllficatlon I ype or Icklltlficatlon Producc.:d ",\I'~"t'l" ::"f'!f'. "l'.":-t._____ Teresa Gayle Darling ;~:.A !:E MY COMMISSION # CC585942 EXPIRES '~:'j"""o~~': September 17. 2000 ',.9f, ,Th'" BONDED THRU TROY FAIN INSURANCE, INC, . . NOTICE OF IN TENTION TO CON- ,SIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, July 8. 199e" at 10:00 AM at the Harvey Center-Truman School, 1200 Truman Avenue, Mon- roe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ofdinance: AN ORDNANCE AMENDING SEC- TION 2 OF ORDINANCE NO. Ot9- 1998 BY PROHIBITING THE OPER- ATION OF PERSONAL WATER- CRAFT IN THE NORTH WHALE HARBOR CHANNEL AND WITHIN 1200 FEet OF THE SHORELINE OF DUCK KEY; AMENDING SEC- TION 9 OF ORDINANCE NO. 019- 1998 IN ORDER TO CLARIFY THE =I~~~: ~dt:~~~~: SI$TENT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105. Flor- Ida Statutes, notice is given that if a person decides to appeal any deci" slon made by the Board with respect to any matter considered at such hearings or meetings. he will need a reco,rd of the proceedings, and that, for such purpose, he may need to en- sure 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 Key West, this 15th day of May, 199B. DANNY L. KOLHAGE Clerk of the Circuit Court and ex offi- cio Clerk of the Board of County Commissioners of Monroe C~unty, Florida June 19th 1& 26th. 1998 ~ ,(;.e"C j KE1JWEST Published Daily Key West, Monroe County, Florida 33040 -;t:. ..,.- :;:0 ("") ::;:, o r ~'-: f"'\~""'" (""). ..- n' o_~ ~?Jo .-\01 ...<..-\::t: . . v .." c;:') r f"'\ "'P' . ...,. - .~ - ..." ...l <::> " ~% ::: (") .. 0 ~, ~ STATE OF FLORIDA COUNTY OF MONROE Before the undersigned (Juthority personally appeared Randy G Erickson, who on oath says that he is Advenising Director of the Key West Citizen, a daily newspaper published at Key West in Monroe County, Florida, that the attached copy of the advenisement, being a legal notice in the matter of 'mol/oce. 012 -j n te.l1-t I '0 V) / U1rg-6n ~) -1vCA it. r t r",'c ~ In the 1\ l ~ Court, was published in said newspaper in the issues of ---1 (A. V\e l q J.. ~ l Cf.,'LY 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, each day (except Saturdays and specified holidays) and has been entered as second-class mail matter a 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 advenisement~ and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refu~ of securing this advertISement for publication in the said newspaper. ~ Signature of Affiant Sworn and subscribed before me this 'k.C\ day of ~ ' 1998 ~ J;f+ p~ Signature of No ary Public Notary Seal Lxpllcs September J 7th 2000 Pt.:r\onally ~flOWfl X Produced IdentJficatl( 11__ I ypc of Idclllllicallol Produced ____________ ,..~ii_.~'~~!(". Teresa Gayle Dar1ing ~~rb."~~f: MY COMMISSION /I CC585942 EXPIRES ~~"~'~~ September 17, 2000 ""'Jf.,'if."ir~;." ~ONOED THRU TROY FAIN INSURANCE, INC NOTICE OF INTE~mONfo CON-=- SIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS 'HEREBY GIVEN TO WHOM IT that on Wedne 10:00 School, roe Cou, , County Commissioners of Monroe County, Florida. intends to consider the adoption of the following County ordinance: AN ORDNANCE AMENDING SEC- TION 2 OF ORDINANCE NO. 019- 1998 BY PROHIBITING THE OPER- ATION OF PERSONAL WATER- CRAFT IN THE NORTH WHALE HARBOR CHANNEL AND WITHIN 1200 FEET OF THE SHORELINE OF DUCK KEY; AMENDING SEC- TION 9 OF ORDINANCE NO. 019- 1998 .IN O.RDE;R TO CLARIFY THE EFFECTIVE DATE OF SUCH ORDI- NANCE; PROVIDING FOR SEVER- ABILITY; PROVIDING FOR THE RE- PEAL OF ORDINANCES INCON- SISTENT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Flor- ida Statutes, notice is given that if a person decides 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 need to en- sure 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 af the above-referenced ordi- nance are available for review at the various publiC libraries in Monroe County, .Florida. . DATED at Key West, this 15th day of May. 1998. DANNY L. KOLHAGE Clerk of the Circuit Court and ex offi- 'cio Clerk of the Board of County Commissioners of Monroe County, . . Florida June 19th & 26th, 1998 PROOF OF PUBLICATION THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATIlON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) Before the undersigned authority personally appeared Tom Schumaker Publisher 'f "'" - I . f'l'\ o "'" <:> ::0 ~ ("') o ~ ..., ~? C d) g y' <- ~ C") :;::;', s;. o r- ':!~; , f'\1'';l( -', - C")' r-' ..... on' c:-?C :;;:.~c ~ ~C'>f _ -<~::c - - . l='" .- ." c;') - C; rn ~ who on oath, says that he/she i in the Harbor & Duck Key Court was published in said newspaper in the issues of JUNE 20, 27. 1998 Alliant further says that the said PLORIDA KEYS KEYNOTER is a newspaper at MARATHON, fa said MONROE COUNTY, PLORmA. aDd that the said new.. paper has heretofore been continuously published in said MONROE COUN- TY, FLORIDA, twice each week (on Wednesday aad Saturday) aDd has been entered u secoDd class man matter at the post office iD MARATHON, in said MONROE COUNTY, FLORmA, for a period of ODe year Dext precedins the nr:s~publication of the attached copy of advertisemeDt; and affiaat fu~ ther says that he has neither paid nor promised any persoD, firm, or corp~ . ration any discount, rebate, commission or refund for the purpose of secur- ing this advertisement for publication in the said newspaper.(SEAL) (seal) ! ~ SWORN TO AND SUBSCRIBED BEFORE ME THIS 29th .. ..d ::- ,< :; ..:~ DA Y OF JUNE A.D. 19 98 A~ , - Gl.....~ /' . no. 7700400 NOTICE OF tNTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE 1$ HEREBY GIVEN TO WHOM IT MAY CONCERN thet on W.ednesdloy. JqIy 8. .1998. lit 1 0:00AM lit .ihe tt.rvey OInt., - Trumlln Sclhc!ol. 1200 Truman A""nue. K!W: West. Monroe Count.,. Flcifld8. the Bolird of Countv ~ of J>4on... l'O!' CounW. FlorIda. in~ 110 c:onalder me ~. '. .ofof the f0l- lowing Countyoi<lMnce: AN . ORQINANCE AMEflIOlNG SECTIOl\f 2. OF ORDINANCE NO. 019-f9geBY 1"ROHI8IT- ING THJ!OPeRATJeM OF PER- .SONAL. WA~":nIE NORTH WHALE. ....~ CHA NNI!l. ~..A . WIT+fIff." 200 flEET.OF . , , Of DUClCltE'l;, . . .'SEC- TION 9 CIf'~.NO. 019-1998lN' '.'- IfVTHE'E . . OF """ORQI ~ , ;~. OF FqR,AN. ' DAlE.,; ~~,=." .~....._01oS. f~ . ~.;__ al.~~~~ _~:t,h.'A~ wiI Med:"'rec.d':::",-, =-. .dlI.. 1:.. L~.'. ~.'........to. "'=.,. that a ~""];'" NCOrd aftlle ;~C.'~ .....bct;: . . ,. h .;....-. ~ '~.c:oDiK~"'., .~.... ..IC8d.. . .~'.."~W.. l!ieWet...:~~lItirar- itie:iII~.~;~'. . . Dated"" Kft' Wa.t. FlarId8.1hls .'2ttu...,of~ :'~.': , .., DANNV LKOOtAGe.. . CIel'kGhhe~ . end eJC officio CIel'kOf th8~! . of~Commiuioll8l'. of I' 1\Ilonroe0uuftty. ~ ':P~.'.Julw.. .,.'..20;.~.."...jll"., ..' FIcirida Keya,KIOyIIQt<< ,;