Loading...
Ordinance 035-1998 Board of County Commissioners ORDINANCE NO. 035 - 1998 AN ORDINANCE CREATING A BOATING RESTRICTED AREA (IDLE SPEED/NO WAKE lONE) FOR THE NEAR SHORE WATERS IN BLACKWATER SOUND, ADJACENT TO MOON BAY CONDOMINIUMS, KEY LARGO; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 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, the area of navigable waters in Blackwater Sound, adjacent to Moon Bay Condominiums, Key Largo, as described in Exhibit A, is used by many boats as well as numerous swimmers, creating a dangerous situation where boats move at high speeds near the swimmers; 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 ::r a \D .." area (idle speed/no wake zone) in the area described in Exhibit A; now, therefore. ~n~ ~ ~ ol~';;; CXJ 0 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE CO~FL~D~ on- (".) '<...J C:-.T ::0 Section 1. Definitions. ~?O 0 ~ ::0 n r .... ,." :<~:r: en ("') a) "Idle speed/no wake" means that a vessel cannot proceed at a spe~ ~at& th~ ?>rr1NO the speed which is necessary to maintain steerageway. b) "Vessel" is synonymous with boat as referenced in Art. 7, Sec. 1 (b), Fla. Const. (1968), and includes every description of watercraft, barge and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on the water. Section 2. Idle Speed/No Wake Boatina Restricted Area Established. No person may operate a vessel in the Idle Speed/No Wake boating restricted area at a speed in excess of idle speed/no wake. The boating restricted area is hereby established to be all waters within the area described in Exhibit A, A map reflecting the boundaries of the boating restricted area must be made available at the Monroe County Department of Marine Resources. Section 3. Idle Speed/No Wake Markers. The Idle Speed/No Wake boating restricted area described in Exhibit A shall be marked on the waters with uniform regulatory markers in accordance with applicable state and federal laws and regulations. No markers may be installed prior to receipt by Monroe County of a duly executed written undertaking by Moon Bay Condominium Association, providing that the Condominium Association will install and maintain the markers. and indemnifying and holding Monroe County harmless from any and all liability arising from the placement maintenance and failure to maintain the markers, such agreement to be in form and substance approved by the Monroe County Attorney. 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 Idle Speed/No Wake boating restricted area 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, Fla. Stat. (uniform boating citations) by any law enforcement agency authorized to issue such citations. The civil penalty for any such infraction is $35, 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. 2 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. Exemption. This ordinance shall not apply in the case of an emergency or to a patrol or rescue personal watercraft. 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. 3 Section 8. All ordinanc~s 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. A copy of this Ordinance shall be filed with the Secretary of State, State of Florida, but shall not take effect until Moon Bay Condominiums executes a Hold Harmless Agreement and the Idle Speed No/Wake boating restricted area is approved by the necessary state and federal agencies. This ordinance establishing an Idle Speed/No Wake Zone adjacent to Moon Bay Condominiums was PASSED AND ADOPTED by the Board of County commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 12th day of November, 1998. Mayor Wilhelmina Harvey Commissioner Shirley Freeman Commissioner George Neugent Commissioner Mary Kay Reich _-:~_~"..C'ommissioner Nora Williams !n.~' ',' - ... yes yes yes yes yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA " - BY;;P~~efA/~~ By . ... '. el\ \.}~ .""-al w.... ~~~ -,.a. t-1I . '".-- ~ Mayor/Chairman jordiinowakebs 4 01/21/99 - ~ - 10:09 FAX 3052892536 5 ~,!1.: ~.. GijOWTH MGWf_ 4 ~ 5 ...-..... '5 6 ~..-" . 7 FI R 4sec: 161 6 ," Proposed "Idle Speed No Wake Zone" For Moon BaylBlaekwater Sound .......... .~ 7 7 S t- JES NA T10NAL PARK ed area - see note D) 7 8 Co 8j~-r1.:,._~. 6 : I ! I . I >'17 7 :. /1 . I) I : !~/Stil1wright:' ,<\It - - Pt:... 6 8 1..1_. 8 . SO U;1 ~ 8 i I I I 7i{ 7 8 Co WATER /8 8 7 8 / , , '''/ "" .g/ .,,",/0 -' ..... ... /.0 '_ ., :..... '... ............. 'y 6 "'!.. .. ~ ..... -_ ;':::;- M -=-; 7 ' M? .-:. -:..... - . ,'-: ; ~ -. 6 "40" ," .: ~?5 = j,':: 7 ~ j.. = 6 6 !'j~~.../ ,~ ;~ : ~~~ ;:- / .: .' <:) .......... / 5.: , ""Jr I . ...... ... 6 " /III , ,'5 " 4 8 8 : 6 8 7 :. 6 FIXED BRIDGES6 HOR CL 32 FT VERT CL 14 FT OVHD CABLE AND PIPELINE :, .",... . '9"~" : nft ~\A . \~.. ~ 7 ~~""' 6 . "6'['" .::.~::~ ~.) \ 5 \ ~ S' Jaannp 1.. J101bagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARAlHON, FLORIDA 33OSO TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNlY 500 WHITEHEAD 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 Febroary 23, 1999 CER....lJ.IDW MAIL RETURN RECEIPI' REQUESTFD Mrs. Liz Cloud Florida Department of State Bureau of Admini.qrative Code and Laws The Elliot Building 401 South Monroe Street Tallahassee, Fl. 32399-0250 Dear Mrs. Cloud: Enclosed please rmd a certified copy of Ordinance No. 035-1998 creating a Boating Restricted Area (idle speed/no wake zone) for the near shore waters in Blackwater Sound, adjacent to Moon Bay Condominiums, Key Largo; providing for dermitions; providing that Monroe County agrees to hold the Florida Department of Environmental Protection 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. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, in formal session, on November 12, 1998. Please me 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 ~~;~ Dep ty Cle Enclosure cc: County Attorney County Admlnb.trator Acting Growth Management Director Marine Resources Director FIle :;'~,~'";"",'.""':"--,-..;;.,:;"",,,.:.d..............,..,..,. ~~....__~_....-'.o........__ Z 490 496 651 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to MRS. LIZ CLOUD Street & NumberFL.DEPT. OF STATE Postage Certified Fee Special Deliveryl19El RestrictedOelivery Fee Ltl ~ Return Recei~t Showing to ,.... Whom & D;fe p~r ~ Return Receipt Showing t c( Dale, & Addressee's Address ci o TOTAL Postage & Fees CO CO') Postmar1l or Date E o u.. ~ (ORD.035-1998) + ~s 'tJ - Complete items 1 and/or 2 for additional services. ii -Complete items 3, 4a. and 4b. Gl - Print your name and address on the reverse of this form so that we can return this l! caret to you. ..~Gl -Attach this form to the front of the mailpieca. or on the back if space does not parmit. I) -Write'RBtum Recsipt Requ8Sted. on the mailpiece below the article number. -5 -The Retum Receipt will show to whom the article was delivered and the date c delivered. o 'tJ .!! I) ii E o u I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 4a. Article Number Z 490 496 651 4b. Service Type o Registered I1C Certified o Express Mail 0 Insured . Return Receipt for Merchandise 0 COD 7. Date of Delivery 3. Article Addressed to: MRS. LIZ CLOUD FLORIDA DEPARTMENT OF STATE BUREAU OR ADMINISTRATIVE CODE 401 SOUTH MONROE ST. TALLAHASSEE, FL. 32399-0250 (ORD.035-1998) 5. Received By: (Print Name) ---.-- . Ii u Of cZ D- R a: c .. :s -; a: al c ii :s .. o FEB 2 6 1999i o 8. Addressee's Address (Only if requested _ =.N'\ I1.A1 and fee is paid) oX C II .c I- ~T o >- .!! PS. _ Receipt DIVISIONS OF FLORIDA DEPARTMENT OF STATE , Office of t1ie Secretary <Jivision of Administrative Services Division of CorporationS Division of Cultural Affairs Division of EIllCtions Division of Historical Resources Division of Ubrary and Infonnation Services Division of Licensing MEMBER OF THE FLORIDA CABINET FWRIDA DEPARfMENT OF STATE Katherine Harris, 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 SI. Augustine Preservation Board Historic Tallahassee Preservation Board Historic TampalHillsborough County Preservation Board RINGLlNG MUSEUM OF ART February 26, 1999 Attention: Ruth Ann Jantzen, Deputy Clerk 5 c z ~. :::On7; Or- ::':: fT1;J:::-< n' , 0("')' C5j:::::: %. 0 -lnr :<-\:I: .,,- :t> r- C> l> fT1 \D \,Q :It :.:- :::u I -r'J - r- 'F"'1 o ~ o ;:0 ::0 fTI ("') o :::0 C Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 ." X z:- ...... Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge letter dated February 23, 1999 and certified copy of Monroe County Ordinance No. 035-1998, which was filed in this office on February 25,1999. Sincerely, ~~tr( Ck~~,Q \.... ) l.w,- Liz Cloud, Chief Bureau of Administrative Code LClbn 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.t1.us . E-Mail: election@mail.dos.state.fl.us PROOF OF PUBLICATION THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA ST A ~ OF FLORIDA ) COUNTY OF MONROE) . . II Torn Schumaker h . Before the undersigned authority persona y appeared ________~_______ who on oat ,says that he/she IS ____!~~!.:'~=.:_____ of tbe FLORIDA KEYS KEYNOTER, a twicc wcckly ncwspaper publishcd at MARATHON, Notice of INtention to in MONROE COUNTY, FLORIDA; that tbe attacbed copy of advcrtiscmcnt, bcing O. F: Consider Adoption of County Ordiance RE: No Wake, Black Water Sound IN THE MATTER in the -----------------------------------------~ COurt was publisbed in said newspapcr in tbe issues of :~:::,u-~::~::=-:=o:~:se~::~::~~.9: ==---l at MARATHON, in said MONROE COUNTY, FLORIDA. and tbac tbc said ncws- paper has beretofore bccn continuously publisbed in said MONROE COUN- TY, FLORIDA. twicc cacb wcek (on Wcdnesday and Saturday) and has been cntered as second class mail matter at the post officc in MARATHON. in said MONROE COUNTY. FLORIDA. for a pcriod of one year next prccedinl the first publication of tbe attachcd copy of advertiscmcnt; and affiant fur- ther says tbat he has neitber paid nor promiscd any pcrson. firm. or corpo- ration any discount, rebate, commission or refund for thc purposc of sccur- llll;; LlIi;) advertiscment for pubiication in ~oc lil&iu :O''';'.._~ . ~ \~.1:,Al.j no. 5695200 NOT~ IN11;NTIetfTO CONSIDERAflOPTlON OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Thursday. November 12. 1998.,atl ':00 AM at the Key L..go Libnlry. Trlodewii\cls S/lQpping Canter, Key, Largo, Monroe County, FIorlda.the Board of County Commission- ers of Monroe County. Florida. intends to consider the adop- ti",! of the fQltowing County or- dinance: "- AN ORDINANCE CREATING A BOATING RESTRICTED AREA (IDLE SPEED/NOWAKE ZONE) FOR THE NEAR SHORE WA- TERS iN BLACKWATER SOUND. ADJACENT TO MOON BAY CONDOMINIUMS.,' KEY LARGO; PRQVIOlfIG FOR DEF!- NITIONS;PFlOVIDlNG THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA DE- PAllTMENT OF EJIlVIRON- MENTAL PROTECTiON HARM- L'ES$ FROM ANY LJABllITY IN- CURRED FROM' THE NEGLi- GENT POSTING OF BOATING RESTRICteD MARKERS; PRO- VIDIJIlG FOR, 'JES FOR VIOI.AT J'OR EX , . AOV\OING FOR, SEVE , ' ,'f>ROV\D- INGFOR,1'tlE '<IF ALL - ORDINANCES', '. NT . HEREWITH: f'JIOVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; . PROVIDING FOR AN EFfECTIVE DATE. . Pursuant to Secti!:m 286.0105. Florida Statutas, notice is given th'at if a person dacided to lip- peal any decision mlide by the BOG with reapecUo any mat- ter consido!rad at the auc:h hear- ings or meetings. he will need a ,racord 9f the~. and that. tor such PurPcill8. fie may need to ensure that a verbatim = :~r~~~: the testimony and 8IIidenca upon which the -'is to be based. (seal) L SWORN TO AND SUBSCRIBED BEFORE ME THIS 3rd November ____________ A.D. 19 98 DA Y OF ------------------~-, Copies of the Ilbove-referenced ordinance are available for .. view at the various public librar- Ies in Monroe County, Florida. Dated at Key West. Florida, thill 22nd clay of October. 1998. DANNY L KOLHAGE. CIai'k of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County. Florida Publish October 24. 31. 1998. Florida Keys Keynoter i 7~ Serving the Florida Keys P.O. Box 1197 e Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8249 :r 0 U) -r, (:) ..,. U) - STATEMENT OF PROOF OF PUBLICATIO~~ m~ g uSPS #905580 ~?';:: , ..,., 0('"). .- 0 STATE OF FLORIDA ) C:::i):::::: :::0 Z. 0 >>- ::::0 COUNTY OF MONROE ) ~~~ ~ \"11 . 3> 0 ('"') ..,., .. 0 r- C) PO :::0 Before the undersigned authority personally appeared JACKIE HARDER, who on oatli,"sa~th~hecu; EDITOR 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, 10/29 AND 11/5/98. 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 pUfJlose of securing this said advertisement for publication in the said newspaper. SWORN TO A D DB SCRIBED BEFORE ME THIS 14TH DAY OF JANUARY A.D. , 1999 MY COMMISSION EXPIRES: SEAL . ' MJRa or INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CON. CERN that on ThUrsday, November 12, 1998, at I I :00 AM at the Key Largo ~ibnuy, Tradewinds Shopping Center, Key Largo, Monroe County, Florida, the Board of ' County Commissioners of Monroe County, .Florida intellds to conSider the ~ptiph of the fo,Ilowing County ordinance: appeaJ is II) be '-ed. AN ORDINANCE CRE- ATING A BOATING RESTRICTED-AREA (ID~$PEEDINOWAKE ZO~e):fOR:11JE,NEAR". SHOR'EWATEftS IN ' Bl4:C~WATER SOUND AOiA<::ENT:Ji6MOQN ' - BAy~J(jMS, KEY LARGO;PROVID- ING FOR DEFINITIONS' PROVIDING THAT MON- ROE COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF ENVI- RONMENTAL PROTEC- TION HARMLESS FROM ANY LIABILITY INCURRED FROM THE NEGLIGENT POSTING OF BOATING RESTRlCTPursuant to Section 286.Q105, Florida Statutes, IlOtice is given that if a pef$On decided to appeal any'decision made. by the Board with respect to lJ!1Y mll#.ter 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 Copies of tile above-refer- enced ordinance are avail- able for review at the vari- ous public libraries in Monroe County, Florida. Dated at Key West. Florida, this 22nd day of October, 1998. DANNY L. KOLHAGE. Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida Published: 10/29 & 11/51911- The Reporter TIIYc;micr, FL .--.....-.