Item D1
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMS~RY
Meeting Date: 16 August 200 1
Division:
Growth Management
Bulk Item: Yes
No-L
Department: Marine Resources
AGENDA ITEM WORDING:
Public Hearing to consider an ordinance adopting the Dove Creek Idle SpeedINo Wake and No
Motorboat Zones.
ITEM BACKGROUND:
At the May meeting of the Board of County Commissioners, the Board approved the development of
an Idle SpeedINo Wake Zone and a No motorboat Zone for different portions of Dove Creek, Key
Largo. The Board similarly approved advertisement of the ordinance at it July meeting. The
Ordinance will be heard in the August meeting at Key Largo.
PREVIOUS RELEVANT BOCC ACTION:
July 2001 - Approval to Advertise Ordinance
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS:
Approval of Ordinance
TOTAL COST:
None
BUDGETED: Yes
No
COST TO COUNTY: None
REVENUE PRODUCING: Yes
No -L AMOUNT PER MONTH_ Year
APPROVED BY: County Atty -L
Risk Management NA
r of Growth Management f ~
To Follow_ Not Required_
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included -L
DISPOSITION:
AGENDAITEM# 02-.2)/
ORDINANCE NO. -2001
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS,
CREATING A BOATING RESTRICTED AREA (IDLE SPEEDINO WAKE
AND LIMITED MOTORBOAT USE) FOR ALL OF DOVE CREEK AND
ADJOINING CANALS; PROVIDING FOR DEFINITIONS; PROVIDING
THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA FISH AND
WILDLIFE CONSERVATION COMMISSION HARMLESS FROM ANY
LIABILITY INCURRED FROM THE NEGLIGENT POSTING OF BOATING
RESTRICTED MARKERS; PROVIDING FOR PENALTIES FOR
VIOLATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE: AND PROVIDING AN EFFECTIVE DATE.
Whereas, Dove Creek is a very narrow and ecologically sensitive waterway and is used by
kayakers, and is intersected by a canal with several residences, and vessels traveling through the
creek and canal at higher speeds create a dangerous situation; and
Whereas, in order to protect the public health and safety, the Board of County Commissioners of
Monroe County has determined that it is necessary to create a boating restricted area (Idle
SpeedINo Wake and Limited Motorboat Use) in the area described in Exhibit A
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. Definitions.
(a) "Idle Speed/No Wake" means that a vessel cannot proceed at a speed greater than that speed
which is necessary to maintain steerageway.
(b) "Motorboat" means any vessel, which is propelled or powered by machinery and which is
used or capable of being used as a means of transportation on water.
(c) "Vessel" has the definition set forth in sec. 5.5-1(a)(3).
Section 2. Idle SpeedINo Wake and Limited Motorboat Use restricted areas established.
No person shall operate a vessel in the idle speed/no wake boating restricted area at a speed in
excess of idle speed/no wake. No person shall operate a vessel in the no motorboat restricted
area using the vessel's propulsion system. The boating restricted areas are hereby established to
be all waters of Dove Creek, including the adjoining residential canal and the lake at the upper
end of Dove Creek. The idle speed/no wake boating restricted area includes the western section
of Dove Creek and the residential canal. The limited motorboat use restricted area includes the
eastern section of Dove Creek and the adjoining lake. These restricted areas are indicated in
Exhibit A. A map reflecting the boundaries of the restricted area shall be available at the County
Department of Marine Resources.
Section 3. Idle SpeedlNo Wake and Limited Motorboat Use Markers.
The idle speed/no wake and limited motorboat use boating restricted areas described in exhibit A
shall be marked on the waters with uniform regulatory markers in accordance with applicable
state and federal laws and regulations.
Section 4. Hold Harmless Agreement Authorized.
As a condition for the issuance of a permit from the Division of Law Enforcement of the Florida
Fish and Wildlife Conservation Commission (hereinafter "Department") for the Idle Speed/No
Wake and Limited motorboat Use boating restricted areas described in Exhibit A, 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, F.S. (uniform
boating citations) by any law enforcement agency authorized to issue such citations. The
civil penalty for any such infraction is fifty dollars ($50.00), except as otherwise provided in
this section.
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 a 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 ten (10) days of the date of
receiving the citation, or
(2) If he has posted bond, forfeit 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 five hundred dollars ($500.00).
t) At a hearing under this chapter the commission of a charged infraction must be proved
beyond a reasonable doubt.
g) If a person found by the county court to have committed an infraction, he may appeal that
finding to the circuit court.
Section 6. Exemptions
This ordinance shall not apply in the case of an emergency or to a patrol or rescue craft.
Section 7:
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:
All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the
extent of said conflict.
Section 9:
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 10:
The Clerk of the Board shall file a certified copy of this ordinance in the Office of the Secretary
of State of the State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners at a regular meeting of the
Board held on the _ day of ,2001.
Mayor George Neugent
Mayor Pro Tern Nora Williams
Commissioner Charles McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
EFFECTIVE DATE:
By