Item B1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 26, 2012 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning & Env. Resources
Staff Contact Person: Richard Jones/289-2805
AGENDA ITEM WORDING: Discussion and direction to approve minor revisions to the Pilot
Program anchoring ordinance, including 1) technical/organizational revisions and 2) a revision to the
geographic extent of the no -anchoring buffer zone for the Seaplane Basin, based on comments from
Florida Fish & Wildlife Conservation Commission (FWC) internal review provided on June 20, 2012
and comments from the Ordinance Public Meeting held by FWC on July 11, 2012.
ITEM BACKGROUND: At the May 16, 2012 BOCC meeting the Board approved, and gave
direction to transmit to FWC, an anchoring ordinance in association with the FWC Pilot Program for
Anchoring and Mooring. Subsequent to receipt of the ordinance FWC performed an internal review,
and provided comment on the proposed ordinance to County staff. In consideration of the FWC
comments, staff is recommending several minor technical and organizational revisions to the
ordinance. On July 11, 2012 FWC held an Ordinance Public Meeting to take comment on the
proposed ordinance from agencies, organizations and the general public. In consideration of
comments provided at the Ordinance Public Meeting, staff is recommending a revision to the
geographic extent of the no -anchoring buffer zone for the Seaplane Basin. Upon Board approval of the
recommended revisions staff will transmit the anchoring ordinance to FWC. The ordinance is
anticipated to be scheduled for the September 5-6, 2012 FWC Commission meeting in Tampa for
discussion and approval.
PREVIOUS RELEVANT BOCC ACTION:
October 2009- direction to submit a Letter of Interest to FWC to participate in the FWC Pilot Program.
February 2010- approval of ILA's with Key West and Marathon to partner in the Pilot Program
March 2011- staff presentation updating BOCC on status of Pilot Program
August 2011- staff presentation on stakeholder workshops, recommendations for addressing anchoring issues,
and discussion of the Pilot Program timeline for ordinance development and approval
September 2011- direction to staff to draft an anchoring ordinance
January 2012- direction to include in the ordinance four managed anchoring zones with three regulations.
May 2012- approval and direction to transmit anchoring ordinance to FWC
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
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9 ORDINANCE NO. - 2012
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12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS AMENDING CBAPTER 26
14 OF THE MONROE COUNTY CODE (WATERWAYS) TO
15 PROVIDE FOR "ARTICLE V ANCHORING AND
16 MOORING RESTRICTS AS"; PROVIDING FOR
17 SEVERABILITY; PROVIDING FOR REPEAL OF
18 INCONSISTENT PROVISIONS; PROVIDING FOR FILING
19 AND AN EFFECTIVE DATE; PROVIDNG FOR
20 CODIFICATION; PROVIDING FOR AN EXPIRATION
21 DATE.
22
23
24 WHEREAS, in 1992 the Monroe County Department of Marine Resources prepared The
25 Boating Impacts Management Plan Final Report which documented liveaboard vessel
26 impacts associated with unmanaged anchorages throughout the Keys; and
27
28 WHEREAS, in 2002 the Monroe County Department of Marine Resources prepared a
29 Keys -Wide Mooring Field System Preliminary Planning Document which included an
30 evaluation of anchorages throughout the Keys including Sunset Cove, Boca Chica
31 Harbor, Cow Key Channel, and Key West Harbor (i.e. Wisteria Island/Fleming Key area)
32 and recognized the need to address negative boating impacts associated with those
33 unmanaged anchorages; and
34
35 WHEREAS, in 2008 the Monroe County Marine Resources Office prepared the
36 Development of a Boating Management Plan for the Boca Chica Harbor Area which
37 evaluated a variety of boating impacts in that anchorage area and provided options for
38 managing anchoring activity, but recognized the lack of authority (at that time) provided
39 to the County to regulate vessels other than liveaboard vessels; and
40
41 WHEREAS, in 2009 the Florida Legislature directed the Florida Fish & Wildlife
42 Conservation Commission (FWC), in consultation with the Florida Department of
43 Environmental Protection, to establish a Pilot Program to explore potential options for
44 regulating the anchoring or mooring of non-liveaboard vessels outside the marked
45 boundaries of public mooring fields (327.4105 F.S.); and
46
47 WHEREAS, the goals of the Pilot Program are to encourage the establishment of
48 additional public mooring fields and to develop and test policies and regulatory regimes
49 that: promote the establishment and use of mooring fields, promote public access to
50 waters of the state, enhance navigational safety, protect maritime infrastructure, protect
51 marine environment, and deter improperly stored, abandoned or derelict vessels; and
52
53 WHEREAS, in November 2009 Monroe County sent a Letter of Interest to FWC to
54 participate in the Pilot Program in partnership with the Cities of Marathon and Key West,
55 each of which operate public mooring fields; and
56
57 WHEREAS, the Monroe County Board of County Commissioners entered into Inter-
58 local Agreements with the Cities of Marathon and Key West on February 17, 2010
59 providing for coordinated partnerships in the FWC Pilot Program; and
60
61 WHEREAS, the Monroe County Marine Resources Office retained consultants to
62 complete vessel surveys inside and outside of public mooring fields at Key West and
63 Marathon and in the anchorage at Boca Chica basin, and conducted stakeholder
64 workshops to take public input on anchoring and mooring issues and potential regulatory
65 regimes, in accordance with the criteria of the FWC Pilot Program; and
66
67 WHEREAS, during the stakeholder workshops residents in the Sunset Cove area
68 requested that the adjacent anchorage area be included in any potential regulations; and
69
70 WHEREAS, FWC staff evaluated Monroe County's vessel surveys, considered public
71 input provided at stakeholder workshops, and provided a recommendation to the FWC to
72 approve Monroe County for participation in the Pilot Program; and
73
74 WHEREAS, at its February 2011 meeting the FWC approved Monroe County as one of
75 five local governments in the state to participate in the Pilot Program, including St.
76 Petersburg, Sarasota, St. Augustine and Martin County; and
77
78 WHEREAS, the Monroe County Marine and Port Advisory Committee and the Monroe
79 County Board of County Commissioners held numerous public meetings from 2009 to
80 the present to discuss, and take public input on FWC Pilot Program objectives, anchoring
81 impacts in unmanaged Keys anchorages, and viable solutions to address those anchoring
82 impacts; and
83
84 WHEREAS, the Monroe County Board of County Commissioners provided direction at
85 its September 21, 2011 meeting for staff to draft an anchoring ordinance to provide for
86 managed anchoring zones with accompanying regulations, and to coordinate with the
87 Cities of Marathon and Key West for the inclusion of ordinance language providing for
88 anchoring regulations in association with their respective mooring fields; and
89
90 WHEREAS, at the September 21, 2011 Monroe County Board of County
91 Commissioners meeting the Board received a request from a representative of Wisteria
F]
92 Island to have Key West harbor included as a managed anchoring zone, and the Board
93 approved the inclusion of that area as a managed anchoring zone; and
94
95 WHEREAS, the Monroe County Board of County Commissioners provided additional
96 direction at its January 19, 2012 meeting for the anchoring ordinance to provide for four
97 managed anchoring zones, and revised the regulations for development to be applied
98 within those zones; and
99
100 WHEREAS, the Monroe County Board of County Commissioners at its April 18, 2012
101 meeting accepted a request by the City of Marathon to include the greater Boot Key
102 Harbor area as a fifth managed anchoring zone, heard concerns from the Navy, and
103 directed staff to include a prohibition on vessels within managed anchoring zones that
104 exhibit conditions known to precede a derelict vessel condition, eliminate floating
105 structures language and eliminate USCG Auxiliary Vessel Safety Check language
106 pending a recommendation from the USCG; and
107
108 WHEREAS, the Monroe County Board of County Commissioners at its May 16, 2012
109 meeting accepted a request by Naval Air Station Key West to make areas of Boca Chica
110 basin, encompassed by the Navy Accident Potential Zone and baybottom, a no anchoring
111 zone to ensure the safety and security of the public; and
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113 WHEREAS, the Monroe County Board of County Commissioners has indicated that the
114 anchoring ordinance should not be over -reaching and not overburden transient boaters;
115 and
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117 WHEREAS, it is the intention of the Monroe County Board of County Commissioners to
118 optimize the incentive for vessel owners, who contribute to Boating Improvement Funds
119 through vessel registration fees and contribute to DEP Clean Vessel Act Program funds
120 through marine fuel taxes, to properly pumpout and comply with existing sewage
121 discharge regulations within the federal No Discharge Zone in the Keys, by providing
122 free pumpout service to vessels located in managed anchoring zones and which are
123 served by the County pumpout program; and
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125 WHEREAS, Monroe County staff is negotiating a contract with the National Marine
126 Waste Foundation to provide free pumpout service to vessels anchored in unincorporated
127 areas of the Florida Keys and to provide for a registration process, with accompanying
128 participation stickers or tags to be displayed on vessels indicating proof of regular
129 pumpouts; and
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131 WHEREAS, because the anchoring ordinance is a test program the Monroe County
132 Board of County Commissioners desires that vessel owners be provided warnings by
133 enforcement officers prior to the issuance of citations, to allow every opportunity for the
134 vessel owner to comply with the described regulations; and
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136 WHEREAS, the anchoring ordinance shall provide for the regulation of both liveaboard
137 and non-liveaboard vessels; and
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139 WHEREAS, the Monroe County Board of County Commissioners encourages FWC to
140 fully implement the agency's At Risk Program in designated managed anchoring zones as
141 a tool to identify vessels which exhibit conditions known to precede a derelict vessel
142 condition; and
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144 WHEREAS, the regulations established in the anchoring ordinance are consistent with
145 the municipal codes of the City of Marathon and the City of Key West; and
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147 WHEREAS, the Monroe County Board of County Commissioners will transmit the
148 approved anchoring ordinance to FWC for consideration and approval prior to adoption.
149 of the ordinance by the Board of County Commissioners;
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153 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
154 OF COUNTY COMMISSIONERS:
155
156 Section L Chapter 26 of the Monroe County Code is amended as follows:
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158 Chapter 26
159 WATERWAYS
160
161 ARTICLE V
162 ANCHORING AND MOORING RESTRICTED AREAS
163
164 Sec. 26-100. Purpose. It is the purpose of this section of this Code to provide for
165 anch rin and moorin restricted areas ,MLherq RgM=wd anchoring and/o moo ' and
166 associated environmental and navigational impacts exist. These areas a4d,restriLtions are
167 created in_accordance with F. 327.4105 and b a roval of the Florida Fish and
168 Wildlife Conservation Commission which has been directed by the Florida State
169 Ugislggge to establish a Pilot Program to ex -lore tential o do s for regWating the
170 anchoring or. moodgg, of non-liveaboard vessels outside the marked boundaries of public
171 moorin fields. These restrictions are dg=ed to be necessffly to protect the public
172 he_g& s@Le
q and welfare. These restrictions also include the re ation of liveabo_ and
173 vessels and oat' structures as provided for in F.S. 327.60(3).
174
175 Sec.26-101. Definitions.
176
177 ProoL ot offl-mg means,,,an acceptable form of proof that a vessel has hpd i s vessel
178 sewage legally um ed out ordisposo of Cm the case of a Porta-Potti or o er ortable
179 toilet). AgpMtable forms of roof include a pumRout re 's ation s 'cker or tag issued b
180 the Cijy of Key West City of Marathon or Monroe Co un um out progams i d'catin
181 that the vessel receives routine -Dumpouts. or a Dum2pgt receipt from a puMout facili
182 Cm-cluding Portable toilet dum stations
__j or gg=ut ve sel within the past t 10 da s.
183
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184 Derelict Vessel means any vessel, as defined in F.S. § 327.02, that is left, stored, or
185 abandoned:
186 (a) In a wrecked, junked, or substantially dismantled condition upon any public
187 waters of this state.
188 (b) At my Rant in this = without the consent of the enc ha,&g jl;Ligdictign
189 thereof.
190 (c) Do ked or -grounded at or beached Wonthe pjgptM of another without the
191 consent of the owner of the property
192
193 Sec. 26-102. c orin and Mooring Res 'cted
194
195 (a) Mang d Ancho in Zones ed cho ' Zones est lisped for the
196 pjjWsq of protecting the marine environment, enhancing navi atio saf d
197 deterrna S_iM=Mrly stor abandoned or derelict vessels. ed Anchorin
198 Zones are created as a tool to agulate ancho ' acti in currently ed
199 anchorages.
200
201 (1) Managed Anchoring Zones shall be established in the following described
202 gpjg4gluc areas. Maps delineatin the Man Ned cho ' Zones are
203 attached hereto as Attachment A. and are incorporated herein by reference and
204 will bemg—de availab a in Mario Reso
205 urces Office.
206 a. Boca Chica Basin: To include the boy of water ocggdp& between Stock
207 Island and Boca Chica Key excludin th Y-M Accident Potential Zone
208 (APZI res 'cted areas and ba hg=ml south of U.S. Hi w 1 west o
209 the WSstem edge of Ihe arc of the NAS Ka West Accident Potential Zone
210 APZ west of a line int—ersecting the APZ at 24° 34.10' N 81° 43.35' W
211 anA,n=ing south to 24° 33.63,'N 81 ° 43.35' W south of a line tannin
212 east -west from 240 33.63' N 810 43.35' W to 240 33.63' N 810 43.15' W.
213 west of the western edge gf Boc4 Chic -a Channel running southwest frQM
214 240 33.63' N 810 43.15' W to 240 33.45' N 810 43.24' W north of latitude
215 240 33.45' N Lag2roximately at the location of Boca Chica Chann 1
216 marker 71 east of a line running north-northwest from 240 33.45' N 8 °
217 43.38' W to 2° 33.82' N 810 3.46' W and c ntinuin along e Stock
218 Island shoreline.
219 b. Suns t Cove: To ' c i de the body,of war in Buttonwood, Sound
220 occurring southeast of the Intracoastal v&AqrwU and bounded b the Ke
221 Largo shoreline.
222 c. Key,,,West Harbor: To jgcLude the body of water o gurring west of
223 Fleming Key and Key West (Ixgluding NM restricted arggi
I south of a
224 line running east -west at latitude 24 ° 35.19' N t of ine running from
225 the northwest ti of Pearl Bank to the north side of Tank Island Sunset
226 Ke and north of a lip east -west at latitude 240 33.84' N.
227 d. Cow Key Channel: To include the body of water ocgurrmg between Key
228 West and Stock -Island, south of U.S. i wa 1 and no of a line
229 nanni -west at latitude 240 33.44' N roximatel at the location
230 of Cow Key Ch4=l marker 5).
231
e. Boot Key Harbor: To include the area of Boot Key Harbor (excluding the
232
ermi d blic mooring field and N -AnchoringBuffer Zone) occurring
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south of the Vaca &ey &Qreline, east of Dopj Ke arbor main c el
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entrance marker 7 o ted a sition 24° 42.13' 81° 6.84' W. no of
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the Boot K horeline and we of the far eastern side of Boot Key
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Harbor at nosition 24° 42.54' N a 1° 04.99' W d including the en '
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of Sisters C e south marker, 4 at the entrance of SisIM,, Creek. and
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includin the area ocggdgg ftM Sisters Creek arker 4 at o ' 'on 24'
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41. ' N 81° 05.26' W,,,nmWug east to the shoreline of Vaca Key at
240
ggsition 24* 41.43' N 81 ° 04.93' W and ngmjug north along the shoreline
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of _Vaca-Kev and,cogggWMg to the westalops the shore ' e of Sombrero
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Beach.
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(2) The folio r ations shall l within Managed grin Zones:
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a. Prohibition of vessels exhibiting_nre-derelict vessel conditions Vessels
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determin to exhibit conditions known to gMggde a derelict vessel
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condition are prohibited. including
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1) Vessel is not able to be used for navigation.
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2) Vessel is listing.
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3) Vessel is aground.
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4) Vessel is in danger of breaking; its mooring
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5) Vessel is sinking.
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6) Vessel is dragging anchor.
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7) Vessel has broken its moo ' and has been secured for the rotection
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of the health, safety and welfare of the citizens
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b. tl
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b-c.Proof of vumaout required. Vessels anchored or moored for more than ten
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10 consecutive da s and hich are re uired to have a e sanitation
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devic in accordance with F.S. § 327.53 must rovide roo of um out.
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Ves el owner ma utilize a DgpMout service whi ma be RroAded by, the
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CiIY of Ke-Y West, Cilyof Marathon- Monroe CountV DMMJLt programs. or
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other authorized vessel um ut_ facili r vendor. The munici al and
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County pumpout services,, are structured to Drovide on oin umouts for
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vessels Located within Moaggd mc_horing zories. and mgy provide a
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re 'stration r cess b which vessel owners sip,,pp for regglar igumpouts at a
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ftuengy based -on anticipated nee with a-MMMgM of one um ut per
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month. A monthlv color coded. registration sticke or tag Ma be rovided
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which vessel owners may diVIU on their vessel indie 'ci ation in
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the municipal or Countyt ro and which will be considered
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proof pumpout a unici al and/or CoUntV DUMDOUtprogLams shgll
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maintain registration documentation and urn out to s throughout the
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duration of the Pilot Pro which sh 1 be available
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for review by any law enforcement officer. ne_rutili7As Mg1her
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vessel -Zmmggut Drovider the v ssel o er 's r aired to maintain
277 docum ntation and um u to s to demonstrate use of Moggjut to FWC
278 MCSO or other law enforcement officers.
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280
281
282 No Anchorim Au r Zon s. No chorin Buffer nes are es is ed o e
283 of and iMMedigkly.adjacent to rmitted publ'c mooring fields for th ose
284 of Igotecting maritime ipftpt
Lgtme,e vi ational a and
28855 promoting public access and the use of public mooring fields.
287 1 No-Anchorin Buffer Zones shall be fished in the folio a cribed
288 geogoglu areas. Ma del' eati the No Anc_hofin Zones are attached
289 hereto as Attachment B. and are inco he e' reference and will be
290 made available in the Marine Resources Office.
291
292 a. Boot Kqy Harbor:,,,,,,, To indude a fft foot 5 wide area -imme-diaLely
293 adjacent and outside of the rimeter of the east aW west moorin
294 fields and the leased anchoring area.
295 b. Sea laneBasin: To include the area of Ggailgn B:lgjLt known as the
296 SgUlane Basin and as described in the lorida De ent of
297 Environm ntal Protectin MMMement A eement for the Key West
298 Mgoring field and Ke West Ordinana N 0-32 excludin Na
299 restricted areas), occurring north of the Key West shoreline, east of the
300 Fleming Key° shoreline, south of
301
302 cr Id-�� aarr end ,and west of: igsbee Park.
303 c. Boca Chica Basin: To include the body of water occurring between Stock
304 Island and Boca Chica Key xcludin Nayy restricted areas south of
305 U.S. Highway 1. east of the western edge of the arc of the NAS Key West
306 APZ east of a lip intersppf e NM APZ at 24° 34.10' N 81 ° 43.35'
307 W and running south to 24° 33.63' N 81° 43.35' W. north of a line
308 east -we fro 240 33.63' N 810 43.35' W to 24° 33.63' N 81°
309 43.15' W and west of the western ed a of Boca hica C annel and the
310 Na restrict area which includ s Boca C 'ca Charm 1 and a Na
311 mooring field basinl.
312
313 Q) The following, regulations shall apply within No -Anchoring -Buffer Zones:
314
315 Ng gnqhoring or moo ' of an kind vessels or floatin struc s exc
316 for vessels mooring within_ establ'shed rmitted ublic mooring,,fields b
317 2ermission of the mooring field owner or myMer, ve sels Mdlhin a le ed
318 anchoring area associated with a moo " field commercial vessels.
319 barges) engaged in Mgjge related work,mili o rations vessels anchored
320 for the pigMse of fishing or other rear a 'onal activities ut not ovemi t
321 o in the case of anemer ene e. . weather mechanical medic causin the
322 need for a vessel to temporarily anchor.
323
324 Sec. 26-103. Enforcement Regulations described in this Article may be enforced by law
325 enforcement officers of the City of Mmthon or City Key West (nd9lig their areas o
32Jurisdiction
327 oe County- or FWC or another law enforceme t officer.
328 Sec.26-104. Penalties.
329
330 (a) Any person cited for a violation of this article shall be charged with a noncriminal
331 jaftpgtion. A written 1 be issued to Drovide,2M vessel owner 30 days
332 for rrec yg action or removal of the vessel. If corrective action or re oval is
333 Mot,accomnlisbgd, a Uniform Boatin Citation may be issued or violations of this
334 ordinance vursuant to F.S.327.74k any law enforce ent_Uena authorized to
335 ilg& such citatio . Vessel owners will be provided thirty 30 days between
336 ia&AW of citations. Fines associated with citations a established as follows:
337 (1) First offense- $50
338 (2) Second offense- $100
339 (3) Third offense- $250
340 (4) Fourth -or pubMuent offenses- 250 and FWC will reguest that
341 remove the vessel from the Managed Anchoring Zone or o-Anchorin
342 Buffer Zone
343
344 (b) An erson who fails to nroperly,Lelpond to a. Uniform Boating
345 Citati n issued or a violatin Qf this article shall in ddi 'on to the char e
346 relating to the violation of the boating -laws of this COM= be charged with the
347 offense of failin2 to respond to such citation and conviction beguilty of a
348 misdemeanor of the second d ee Dunishable as Drovided in F.S. & 775.082 and
349 F.S. § 775.083.
350
351 (c) If a law enforcement Qfficer d tennines that a vessel is dereligL the violatim shall
352 be processed in accordance with F. S. § 823.11
353
354 (d) Allowance shall be provided. for vessels in need of safe harbor due to severe
355 weather conditions or temporary mechanic_41 issues w 'ch ma otherwise prohibi
356 A.—vesrl from safel-Y deRAWR9 a mana ed anchorin zone
357
358
359 Sec. 26 5. Exemptions. The followin em lions are
394 ro 'ded:
362 (a) Ves e s equipped with only incinerat Isting toilets are no aired to
363 pmvide MO —Of of Dpwout as those types oftoilets are not desi ed to be um ed
364 out. Ho ever efflue t om those toilets is not allow d to be dis osed of in the
365 waters of the No Discharge Zone within the Florida Keys
366 '^
367 (b) Stored vessels are not required to provide proof of pumpout
368
369 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
370 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
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invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this
ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision,
clause, sentence, or provision immediately involved in the controversy in which such
judgment or decree shall be rendered.
S_ 3• Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal
Of an ordinance herein shall not repeal the repealing clause of such ordinance or revive
any ordinance which has been repealed thereby.
Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of
the Secretary of the State of Florida and shall become effective as provided by law.
Section Codification. The provisions of this ordinance shall be included and
incorporated into the Code of Ordinances of Monroe County, Florida and shall be
numbered to conform with the uniform numbering system of the Code.
Section 6. Expiration Date. The FWC Pilot Program is scheduled to expire on July
1, 2014, unless extended by the Florida State Legislature. This ordinance shall expire or
be extended concurrently with the FWC Pilot Program.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of 2012.
Mayor
Mayor pro tem
Commissioner
Commissioner
Commissioner
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
By By
Deputy Clerk
E
Boca Chica Harbor
Attachment A- Maps of Managed Anchoring Zones
Attachment A- p.1
Key West Harbor
Attachment A- p.3
Boot Key Harbor
Attachment A- p.5
Boot Key Harbor
Attachment B- Maps of No Anchoring Buffer Zones
Attachment B- p.1
Key West Mooring Field/Seaplane Basin
Attachment
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Board of County Commissioners
From: Richard Jones, Marine Resources Senior Administrator
Date: July 16, 2012
RE: Revisions to Pilot Program anchoring ordinance
The purpose of this memo is to describe the need for minor revisions to the anchoring
ordinance previously approved by the BOCC.
Background:
The BOCC approved an anchoring ordinance, in association with the Florida Fish &
Wildlife Conservation Commission (FWC) Pilot Program for anchoring and mooring, at
its May 16, 2012 regular meeting. Subsequent to approval, the ordinance was submitted
to FWC.
In accordance with F.S. 327.4105 the FWC provides consultation and technical assistance
to the participants in the Pilot Program. An element of that assistance is a review of
anchoring ordinances submitted to FWC for approval. FWC performed a review of
Monroe County's May 16, 2012 anchoring ordinance and provided comments to County
staff on June 20, 2012. Those comments were technical in nature and included language,
wording, and organizational recommendations. Staff provided a response to the
comments (see attached FWC Review/Comments to BOCC Approved Anchoring
Ordinance).
Subsequent to FWC staffs review of the anchoring ordinance, FWC held an Ordinance
Public Meeting in Tallahassee on July 11, 2012 to take comment on the Monroe County
anchoring ordinance from agencies, organizations and the general public. Marine
Resources staff attended the meeting, described the structure and elements of the
ordinance, and fielded questions from the participants. Agency and organization
representatives provided numerous comments during the meeting. Several meeting
participants commented on the excessive size of the no -anchoring zone for the Seaplane
Basin, particularly to the north. County staff explained that the scope of the zone was
based on an existing Key West ordinance and associated DEP management agreement
requiring a no -anchoring zone. DEP staff indicated during the meeting that the
management agreement expired in 2010 and DEP anticipates replacing the management
agreement with a lease which will likely reduce the size of the required no anchoring
zone. County staff suggested that the northern boundary of the no -anchoring zone could
be moved slightly south and still provide necessary protection to the mooring field, but
that the proposed no -anchoring area to the east of the mooring field needs to remain.
That suggestion was met with general acceptance from the participants, including DEP.
Also, several organization representatives (Boat U.S., Seven Seas Cruising Association,
Marine Industries Assoc. of Florida) voiced opposition to the proposed managed
anchoring zone at Sunset Cove, citing the intention of the Statute being to only regulate
areas within close proximity to a mooring field. County staff explained that the Statute
language does not limit where regulatory zoning is to take place, and also recognized
several small mooring fields (Pennekamp State Park and Lignumvitae Key State Park) in
proximity to Sunset Cove. The organization representatives indicated that they would
likely request the FWC Commission to delete the Sunset Cove managed anchoring zone
from the Monroe County anchoring ordinance. Additional comments submitted to FWC
by organizations attending the meeting are attached. FWC's public comment period for
the Monroe County anchoring ordinance is open until July 23, 2012. No further
comment submissions were made available at the time of submission of this agenda item
documentation.
Recommended Revisions:
Comments provided by the FWC review and the Ordinance Public Meeting helped
identify possible issues with the anchoring ordinance, and provide the opportunity for
Monroe County to respond to those issues prior to the ordinance being submitted to the
FWC Commission for consideration and approval.
Staff recommends the following minor technical revisions to the ordinance (indicated in
ordinance as red and double under�i c�.
Based on the FWC review:
1- Sec. 26-102(a)(2): Move Prohibition of derelict vessels section above Proof
of pumpout required section.
2- Sec. 26-102(a)(2): Delete language `ending July 1, 2014'.
3- Sec. 26-104(b): Delete language `or contest a'.
4- Sec. 26-104(d): Delete language `within the timeframe stipulated'.
Based on the Ordinance Public Meeting:
1- Revise Attachment B- p.2: Modify the Seaplane Basin no -anchoring buffer
zone map by moving the northern boundary southward to a location 50' north
of the northern mooring field boundary markers C and D. This modification
has met the approval of officials at the City of Key West.
2- Sec. 26-102(b)(1)(b): Revise the geographic description of the Seaplane
Basin no -anchoring zone to reflect the modification to the associated map.
Upon approval of the revisions to the ordinance, staff will submit the ordinance to FWC.
FWC staff will then prepare its recommendation to the FWC Commission. The
ordinance is anticipated to be scheduled for the September 5-6, 2012 FWC Commission
agenda for discussion and approval.
FWC Review/Comments to BOCC Approved Anchoring Ordinance
The following is a copy of an e-mail from Capt. Tom Shipp with FWC, providing comment to the
County's anchoring ordinance approved by the BOCC on May 16, 2012. Upon receipt of the ordinance
FWC staff conducted an internal review and the comments are a result of that review. County Staff
responses to each comment are provided in red italics. Staff responses recommending changes, primarily
technical in nature, are provided in bold real italics.
Richard Jones
From: Shipp, Thomas thomas.shiup(aMyFWC com
Sent: Wed 6/20/2012 1:57 PM
To: Jones -Rich
CC: Hurley -Christine
Subject: RE: Internal Review
Hi Rich,
I hope you had a good vacation.
I am planning on having the Anchoring & Mooring public meeting for the Monroe Co. ordinance on
Wednesday, July 11th from 8:30 am till 12:30 pm, here in Tallahassee, like we had discussed. I haven't
heard back from Stuart/Martin Co. about their ordinance development so I am currently planning on just
the half day meeting to cover Monroe's ordinance. I wanted to make sure there would be time for you to
meet with your BOCC at their July meeting if you needed to alter any wording of the ordinance, based
either on comments from the public meeting or FWC's consultation/technical assistance.
Some of FWC's comments on the current wording of the ordinance dealt with arrangement issues.
Examples of these are below;
o Moving lines 277-278 (c) Prohibition of derelict vessels. Vessels determined to be
derelict in accordance with F.S. § 823.11 are prohibited, so it would come before the
current (b) Proof of pumpout required paragraph. This would allow the derelict
prohibition to follow the prohibitions of vessels with pre -derelict conditions.
County Staaff- this would be as o on -substantive structuring change that would help with the
flow and sequence of the regulations, Staff recommends in this change.
o Moving lines 356-364 "Sec. 26.105 Exemptions to the proof of pumpout" to or near the
proof of pumpout paragraph starting on current line number 257. That way anyone
reading the pumpout requirements would also see the exemptions without needing to go
further down the document.
County Staff= this would be a non -substantive structuring change. However, exemptions
to regulations in Monroe County ordinances typically are stipulated in a separate
Exemptions' section. Staaafff'pre ers to leave this section as is (if it is later determined that
additional exemptions teed to be added, there we have an existing section in which to put
those items). We anticipate providing education during the implementation process br
the regulations to make stare boatersfully understand the requirements.
We did have other comments about language issues. Examples would be;
o Lines 252 and 255. Would you want to combine the indicators 4 and 7 for vessels that
have broken or in danger of breaking loose from their mooring or anchoring systems? It
would provide the same coverage and intent, simplify the language, and not incur undue
liability.
County Staff- this would be a non -substantive structuring change, However, staff prefers
to keep the two re datory items separate rather than combined.
o Line 272, the wording "(ending July 1, 2014)," given that the pilot program could be
extended by the Legislature, did you want to keep this language? If it stays, and the
Legislature did extend the program, Monroe Co. would need to change the ordinance and
possible go through the FWC Commission to approve the change.
County Staff this would be a technical revision that would enable Monroe County to
continue with the ordinance if the State Legislature extends the .Pilot Program. Stuff
recommends deleting `ending July .1, 1 �
o Line 337-339, "and FWC will request that the owner remove the vessel from the
Managed Anchoring Zone or No -Anchoring Buffer Zone" If your intent is to have the
vessel removed, would you want to require a mandatory court appearance? The judge
could make the determination, based on individual circumstances of each case, requiring
a vessel owner to remove their own vessel from the zone.
County iStgff- the County clues not desire to revise the language to require a mandatory
court appearance.
We also went over questions about the wording of parts of the ordinance to better our understanding of
your intent. Some examples of these are;
o Line 328, did a written warning need to be issued before a citation for each violation of
the ordinance, or was a warning for any part of the ordinance sufficient to meet this
requirement of a warning before citation?
County Staff° the intent is to provide a warning prior to issuance of a citation for° any
specific violation qf the ordinance.
o Line 332-333, the thirty days between citations. If someone violates the ordinance and is
cited, does there need to be a thirty period before they are cited for a different violation of
the ordinance?
Count Staff- the intent is to provide 30 days between citations for any specific violation
of the ordinance, There does not need to be ra 30 day period to cite ca vessel,for different
violations.
o Line 341, "AU person who fails to properly respond to, or contest a" is based on, but
different than, Florida Statute language "Any person who fails to appear or otherwise
properly respond to a". Was there a reason for the change? If someone appears,
wouldn't that constitute a proper response.
County St(i this was a change to the last revision based on comments nts try% Ih
aWorn v. .St ff' rea°rawer ends revising the ordinance langua trr b consistent .nlith
established Florida Statute lrasq aage- 'Any person who faails to appear or otherwise
property respond to a..u'
o Line 353-354, within the timefi-ame stipulated. What timefi-ame is this language
referring; after warned, cited, or after the e offense? Or some other timeframe?
Courtty Stqtf- this lamn ,tage was pertinent es a previous orefinance version which
providedfiw 30 days within a Managed .4nc6' oring one beftwe a vessel was requi I red to
have a JS putnpout or obtain a I CG Awr KS(" decal, Stqff recommends deleting! the
language 'within the timeframe slip ulated.
So, we covered questions, arrangement issues, and a couple of technical language issues. I think some of
these will come up during the internet posting and public meeting. A lot of our comments/questions are
geared to prepare you or your representative for the public questions, meetings, and FWC Commission
meeting. If you or Ms. Hurley have any questions you are always welcome to call me so we can discuss.
Tom
Captain Tom Shipp
FWC / DLE / Boating and Waterways
620 South Meridian Street
Tallahassee, FL 32399-1600
Phone: (850) 617-9563
Fax: (850) 488-9284
e-mail: thomas.shiDDOmAvacom
#0
Patrol, Protect, Preserve
July 12, 2012
Comments of the Seven Seas Cruising Association
On the Proposed Mooring and Anchoring Ordinance of Monroe County
The SSCA was founded in 1952 and is incorporated in Florida as a 501(c) 7 not for profit corporation.
The focus of our members is to cruise by boat both locally and worldwide, and to share cruising
information with the membership. Our "Leave a Clean Wake" motto emphasizes good seamanship,
courtesy to fellow boaters, and a respect for local customs so that those who follow in our wake will be
warmly received. With a membership of nearly 7000, many of whom are currently cruising the world,
the SSCA is recognized as a major voice worldwide for the cruising community.
Many of our members and other cruisers from around the world visit the Florida area every year. During
the boating season visiting boaters have a positive impact on Florida communities and participate in
tours, shop, dine in local restaurants and attend artistic events, and celebrations.
SSCA was pleased when Florida state officials enacted legislation which established the Anchoring Pilot
Program. SSCA believes we have a responsibility to actively participate in Florida's efforts to develop
ordinances which can be unique to a specific municipality's concerns, yet consistent and concise enough
to be understood by national and international boaters. SSCA is hopeful these efforts will yield good
ordinances, but more importantly, we hope these principles and practices will be consistently applied to
the development of future ordinances.
SSCA appreciated the opportunity to hear Mr. Richard Jones present the proposed Monroe County
ordinance on 11 July 2012. SSCA also appreciated Mr. Jones familiarity with the proposed ordinance,
and the areas for which they are intended to apply. He was able to answer many of our questions clearly
and with sufficient detail to resolve some of our initial concerns.
The following are SSCA's observations and concerns regarding Monroe County's proposed ordinance.
1. In section 26-102, A. Managed Anchoring Zones, Part 1b, Sunset cove, the County presented
this anchorage as close to a mooring field (about 3 miles as the crow flies). While it is only 3
miles away, this anchorage is almost 50 miles away when navigated by boat. SSCA believes
controlling this anchorage does not meet the intent of FWC's ordinance pilot program.
2. In section 26-102, B. No -Anchoring Buffer Zones, Part 1c, Boca Chica Basin, SSCA understands
the Navy's desire to prevent anchoring in this area and suggest they file separately to
incorporate an CFR 336 like exclusion zone for their specific reasons. SSCA believes the Navy
specified area also does not meet the intent of the pilot program should be removed from this
ordinance.
Seven Seas Cruising Association
2501 E. Commercial Blvd., Ste. 203, Ft. Lauderdale, FL 33308
Tel: 954-771-5660 — Fax: 954-771-5662
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3. In section 26-102. B. No -Anchoring Buffer Zones, 1b, Seaplane Basin. SSCA believes this area
excludes an excessive amount of the basin from anchoring and suggests that only the area
below the privately maintained day markers "C" and "D" be included.
4. SSCA accepts the safe harbor definition is adequate as written, the vessel's captain determines if
he requires safe harbor, the county officials should include procedures on how they intend to
honor such a request and for how long.
S. SSCA encourages the establishment of "special anchorages" and codifying such anchorages in
CFR 110 regulations.
6. SSCA recommends that an implementation and communication plan be specified and that
appropriate signage be defined and included in the ordinance.
The above list is not all inclusive as there were many good discussions which were hopefully
captured in the minutes of the meeting.
SSCA appreciates all the efforts involved in developing these ordinances and stands ready to work
with state and local governments to produce safe and helpful boating regulations which encourage
maritime recreation.
Philip Johnson
Chairman, Concerned Cruisers Committee
Seven Seas Cruising Association
2501 E. Commercial Blvd., Ste. 203, Ft. Lauderdale, FL 33308
Tel: 954-771-5660 — Fax: 954-771-5662