Item O12M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Number: 0.12
Agenda Item Summary #2956
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Peter Morris (305) 289 -2584
N/A
AGENDA ITEM WORDING: Permission to advertise an Ordinance amending Monroe County
Code Chapter 26 ( "Waterways ") to add Article VI. ( "Floating Signs "), to prohibit off - premises
marine signage.
ITEM BACKGROUND:
Monroe County has identified that it has become an increasingly common practice for owners of
vessels and floating structures to mount off - premises marine signage on their vessels and floating
structures, and leave them over County waters displayed towards and within clear visibility of the
Overseas Highway. These off - premises marine signs present a distracting safety hazard to drivers
and pedestrians on the Overseas Highway, visually pollute areas surrounding the Overseas Highway,
and the County has received complaints from concerned residents to these effects. Prohibiting these
signs will promote the public health, safety, and welfare of visitors to and residents of the County.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval to advertise the proposed ordinance.
DOCUMENTATION:
Floating Sign Ordinance (stamped and signed 5/2/17)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Mayte Santamaria
Completed
04/28/2017 5:43 PM
Christine Hurley
Completed
05/02/2017 11:24 AM
Peter Morris
Completed
05/02/2017 12:19 PM
Bob Shillinger
Completed
05/02/2017 2:27 PM
Kathy Peters
Completed
05/02/2017 3:13 PM
Board of County Commissioners
Pending
05/17/2017 9:00 AM
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ORDINANCE NO. -2017
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING CHAPTER 26
( "WATERWAYS ") OF THE MONROE COUNTY CODE OF
ORDINANCES TO CREATE ARTICLE VI. ( "FLOATING
SIGNS "); PROVIDING FOR PROHIBITION OF OFF -
PREMISES MARINE SIGNAGE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE CODE OF ORDINANCES; PROVIDING FOR
TRANSMITTAL TO THE SECRETARY OF STATE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners is the legislative body of
Monroe County, Florida; and
WHEREAS, the Monroe County Board of County Commissioners has identified
that it has become an increasingly common practice to display off - premises marine signs
upon waters included within the territorial jurisdiction of the State of Florida and County
waters within clear visibility of the Overseas Highway, also known as those portions of
U.S. Highway 1 and Florida State Road 5 located within the Florida Keys of Monroe
County; and
WHEREAS, the Monroe County Board of County Commissioners has identified
that it has become an increasingly common practice to situate floating structures over
waters included within the territorial jurisdiction of the State of Florida and County
waters for the purpose of displaying off - premises marine signage within clear visibility of
the Overseas Highway, and to itinerantly operate, or cause to be itinerantly operated,
vessels for the mere, main, principal, or primary purpose of displaying off-premises
marine signage over such waters and within clear visibility of the Overseas Highway; and
WHEREAS, the Monroe County Board of County Commissioners finds that such
practices distract drivers and diminish traffic safety on the Overseas Highway, create a
safety hazard by distracting pedestrians on or adjacent to said public right -of -way, and
increase visual pollution and detract from the aesthetics of the community; and
WHEREAS, the United States Congress has not pre - empted the several states or
local governments from legislating in the field of off-premises marine sign regulation;
and
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WHEREAS, Article VIII, Section 1, of the Florida Constitution, vests the Board
of County Commissioners with the authority to legislate countywide, except within a
municipality that has adopted an ordinance which conflicts with a County ordinance; and
WHEREAS, Monroe County Ordinance 14 -2010 - Section 12 -141, codified at
Monroe County Code Section 12 -141 (2016) of Monroe County Code of Ordinances
Chapter 12 (entitled "Environmental and Natural Resource Protection "), defines "County
waters" as "[A]ny Monroe County waters, whether contained within boundaries created
naturally, artificially, or diffused, including, but not limited to the Gulf, bays, canals,
estuaries, and wetlands. County waters include those waters which are part of the State as
being specified within Monroe County pursuant to Florida Statute Section 7.44 and
Article 11, Section 1, Constitution of the State of Florida (Rev. 1968), waters out to three
marine leagues, or waters in the immediate vicinity of any county reefs." See Florida
Statute Section 7.44 (2016) ( "So much of the State of Florida as is situated south of the
County of Collier and west or south of the County of Miami -Dade, constitutes the County
of Monroe. "); see also Bateman v. State, 238 So. 621 (Fla. 1970) (Ervin, C.J., dissenting),
at 626 -27 ("Monroe County's boundary is described in Florida Statute Section 7.44, as
follows: "So much of the State of Florida as is situated south of the county of Collier and
west or south of the county of Dade, constitutes the county of Monroe." It follows, of
course, from this description that all submerged lands or navigable waters in the
southernmost portion of the state of Florida that do not lie in Collier and Dade counties
are a part of Monroe County. "), rev'd on other grounds; see also Lipscomb v.
Gialourakis, 133 So. 104 (Fla. 1931), at 107 ( "[11t must be construed that counties
bordering on the Gulf of Mexico include that area within the Gulf adjacent to the upland
and adjacent out to the state boundary line. "); and
WHEREAS, public and navigable waterways are public highways. See State ex
rel. Wilcox v. T.O.L., Inc., 206 So. 2d 69 (Fla. 4th DCA 1968), at 71; and
WHEREAS, a county has the right to close public roads and highways where
necessity dictates on a temporary or a permanent basis. and the general authority of the
boards of county commissioners over the location of public roads in their respective
counties has been held to be plenary. Id., cf. at 72; and
WHEREAS, the power of local governments to regulate and restrict certain
activities reasonably calculated to protect the public health, safety, and welfare, is subject
to the State of Florida's paramount power to regulate and control the use of its sovereign
lands: and
WHEREAS, the State of Florida has not pre- empted local governments from
legislating in the field of off - premises marine sign regulation; and
WHEREAS, where private ownership of submerged bottoms outward from the
shore has originated upon a valid conveyance out of the State of Florida, state law
establishes that submerged land included in such grants are subject to taxes lawfully
imposed. See Florida Statute Section 253.141(4) (2016); and
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96 WHEREAS, "littoral or riparian rights are appurtenances to ownership of littoral
97 or riparian uplands. They are not founded on ownership of submerged lands." See Mayes
98 v. Bowman, 91 So. 2d 795 (Fla. 1 957), at 802; and
99
100 WHEREAS, littoral and riparian rights are those incident to uplands bordering
101 upon navigable waters, such rights are appurtenant to and inseparable from the littoral or
102 riparian upland, and inure to the owner of the littoral or riparian land, but are not owned
103 by the upland landowner. See Florida Statute Section 253.141(1) (2016); and
104
105 WHEREAS, littoral and riparian landowners "have no rights in navigable waters
106 and state sovereign submerged lands that are superior to other members of the public with
107 regard to rights of bathing, fishing, and navigation." See Walton County v, Stop the Beach
108 Renourishment, Inc., 998 So. 2d 1102 (Fla. 2008), at 1111, aff'd, 560 U.S. 702 (U.S.
109 2010); and
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111 WHEREAS, "[a] private action cannot be maintained by one who has no interest
112 in [a] waterway beyond that enjoyed by the public in common to use it as a highway."
113 See Bertram v. State Road Dept., 118 So. 2d 674 (Fla. 3rd DCA 1960), at 675; and
114
115 WHEREAS, while littoral and "riparian rights exist in Florida as a matter of
116 constitutional right and property law, it is the clearly established law of Florida that even
117 constitutional rights may be regulated." See Central Florida Investments, Inc. v. Orange
118 County Cade Enforcement Board, 790 So. 2d 593 (Fla. 5th DCA 2001), at 597; and
119
120 WHEREAS, under Florida law, there is no recognized common law,
121 constitutional, or statutory littoral or riparian right to display off - premises marine signs
122 upon or over waters included within the territorial jurisdiction of the State of Florida or
123 upon or over County waters, or to situate floating structures upon or over such waters;
124 and
125
126 WHEREAS, under Florida law, there is no recognized common law,
127 constitutional, or statutory littoral or riparian right to operate, or cause to be operated, a
128 vessel for the mere, main. principal, or primary purpose of displaying off - premises
129 marine signs upon waters included within the territorial jurisdiction of the State of
130 Florida or upon County waters; and
131
132 WHEREAS, local governments may regulate the operation of vessels to the
133 extent that such regulations do not conflict with the provisions of Florida Statutes
134 Chapter 327 (entitled the "Florida Vessel Safety Act"); and
135
136 WHEREAS, Florida Statute Section 327.44 provides that no person shall anchor,
137 operate, or permit to be anchored, except in case of emergency, or operate a vessel or
138 carry on any prohibited activity in a manner which shall unreasonably or unnecessarily
139 constitute a navigational hazard or interfere with another vessel; and
140
141 WHEREAS, Florida Statute Section 327.58 provides that the Florida Vessel
142 Safety Act shall apply to all vessels operating upon the waters of the State; and
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143
144 WHEREAS, Section 327.60(2) of the Florida Vessel Safety Act provides that
1.45 nothing in said Act or in Florida Statutes Chapter 328 (entitled "Vessels: Title
146 Certificates; Liens; Registration ") shall be construed to prevent the adoption of any
147 ordinance or local regulation relating to operation of vessels, except for those establishing
148 a vessel or associated equipment performance or other safety standard, those relating to a
149 vessel's marine sanitation device design, manufacture, installation, or use, regulating the
150 anchoring of vessels other than live - aboard vessels outside the marked boundaries of
151 mooring fields permitted as provided in Florida Statute Section 327.40, or regulating
152 engine or exhaust noise except as provided in Florida Statute Section 327.65; and
153
154 WHEREAS, Florida Statute Section 327.60(3) provides that nothing in the
155 Florida Vessel Safety Act shall be construed to prohibit local governmental authorities
156 from enacting or enforcing regulations which prohibit or restrict the mooring or
157 anchoring of floating structures or live- aboard vessels within their jurisdictions or of any
158 vessels within the marked boundaries of mooring fields permitted as provided in Florida
159 Statute Section 327.40; and
160
161 WHEREAS, the provisions of the Florida Vessel Safety Act neither expressly nor
162 impliedly conflict with the separate- and - distinct regulation(s) herein regulating the
163 display of off - premises marine signage upon or over waters included within the territorial
164 jurisdiction of the State of Florida and /or County waters; and
165
166 WHEREAS, the provisions of the Florida Vessel Safety Act neither expressly nor
167 impliedly conflict with the separate- and - distinct regulation(s) herein regulating the
168 itinerant operation of vessels for the mere, main, principal, or primary purpose of
169 displaying off - premises marine signage upon or over waters included within the
170 territorial jurisdiction of the State of Florida and /or County waters; and
171
172 WHEREAS, the Supreme Court of the United States has held that '`the
173 Constitution accords less protection to commercial speech than to other constitutionally
174 safeguarded forms of expression." See Bolger v. Youngs Drug Products Corp., 463 U.S.
175 60 (U.S. 1983), at 64 -65; and
176
177 WHEREAS, the Supreme Court of the United States has held that "while signs
178 are a form of expression protected by the Free Speech Clause, they pose distinctive
179 problems that are subject to" local governments' "police powers. Unlike oral speech,
180 signs take up space and may obstruct views, distract motorists[,] and pose other problems
181 that legitimately call for regulation." See City of Ladue v. Gilleo, 512 U.S. 43 (U.S.
182 1994), at 48; and
183
184 WHEREAS, the Supreme Court of the United States has held that local
185 government "rules may distinguish among signs based on any content - neutral criteria,
186 including any relevant criteria" such as "[r]ules regulating the locations in which signs
187 may be placed. These rules may distinguish between free- standing signs and those
188 attached to buildings [... R]ules that distinguish between the placement of signs on
189 private and public property. Rules distinguishing between the placement of signs on
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190 commercial and residential property. [And r]ules distinguishing between on- premises and
191 oft- premises signs." See Reed v. Town of'Gilbert, Ariz., 135 S. Ct. 2218 (U.S. 2015), at
192 2233 (Alito, J., Kennedy, J., and Sotomayor, J., concurring); and
193
194 WHEREAS, the enactment of county ordinances governing outdoor advertising
195 is a proper exercise of a county's broad home rule and police powers. See Miami -Dade ex
196 rel. Walthour v. Malibu Lodging Investments, LLC, 64 So. 3d 716 (Fla. 3rd DCA 2011),
197 rev. denied, 99 So. 3d 944 (Fla. 2012); and
198
199 WHEREAS, the objectives of a county ordinance regulating outdoor advertising
200 to promote highway safety and to improve the beauty of the land surrounding public
201 highways and roads and to maintain and increase the attractiveness of the area to
202 residents and tourists alike, and so to influence the economic prosperity of the county, are
203 constitutionally permissible police power interests. See E.B. Elliott Adv. Co. v.
204 Metropolitan Dade County, 425 F. 2d 1141 (5th U.S. Cir. 1970); see also Bonner v. City
205 of'Prichard, 661 F. 2d 1206 (11th U.S. Cir. 1981), at 1207 (Decisions of the United
206 States Court of Appeals for the Fifth Circuit, as that court existed on September 30, L981,
207 would be binding as precedent upon the United States Court of Appeals for the Eleventh
208 Circuit, established October 1, 1981, pursuant to the Fifth Circuit Court of Appeals
209 Reorganization Act of 1980); and
210
211 WHEREAS. Monroe County is home to the fabulous Florida Keys, a world -
212 renowned treasure famous for its beautiful waterways and scenic vistas, and
213
214 WHEREAS, the Monroe County Board of County Commissioners pursuant to
215 Resolution 347 -2008 acknowledged and recognized that the Overseas Highway is a 126-
216 mile road that connects some 100 islands that make up the archipelago of subtropical
217 islands that comprise the Florida Keys; and
218
219 WHEREAS, the Monroe County Board of County Commissioners pursuant to
220 Resolution 347 -2008 acknowledged and recognized that leaving from south Miami -Dade
221 County to Key West, the Overseas Highway includes some 42 bridges, and provides
222 scenic vistas of the Atlantic Ocean, the aquamarine waters of the Gulf of Mexico, and
223 countless offshore islands; and
224
225 WHEREAS, the Overseas Highway is completely surrounded by the spectacular,
226 unique, and nationally significant waters and aquatic resources of the Florida Keys
227 National Marine Sanctuary, established pursuant to the 1990 Florida Keys National
228 Marine Sanctuary and Protection Act; and
229
230 WHEREAS, the Monroe County Board of County Commissioners pursuant to
231 Resolution 110 -2008 acknowledged and recognized that the Florida Keys Scenic
232 Corridor is a source of education, enjoyment, healthy exercise, and relaxation for
233 residents, domestic visitors, and international visitors, and provides important historical,
234 scenic, natural, cultural, archaeological, and recreational resources within and adjacent to
235 U.S. Highway l from Key Largo to Key West, by reason of the Corridor's intrinsic
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236 qualities enhancing the public's driving, biking, walking, and paddling experiences, as
237 well as other forms of recreation; and
238
239 WHEREAS, the Florida Keys Area Protection Act's Principles for Guiding
240 Development require that Florida Keys local governments' regulatory activities be
241 consistent with ensuring the maximum well -being of the Florida Keys and its citizens
242 through sound economic development, enhancing natural scenic resources, promoting the
243 aesthetic benefits of the natural environment, ensuring that development is compatible
244 with the unique historic character of the Florida Keys, protecting the value, efficiency,
245 cost- effectiveness, and amortized life of existing and proposed major public investments
246 including transportation facilities, and protecting the public health, safety, and welfare of
247 the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida
248 resource; and
249
250 WHEREAS, Monroe County Code Section 135 -1 (2016) provides that it is
251 declared "a matter of public policy that the protection and enhancement of properties of
252 historical and cultural merit are in the interests of the health, prosperity, and welfare of
253 the people of the county'; and
254
255 WHEREAS, the Overseas Highway includes or is situated immediately adjacent
256 to numerous Nationally Registered Historic Places, including National Register
257 Information System No. 90000443 comprising the Pigeon Key Historic District, National
258 Register Information System No. 79000684 comprising the Long Key Bridge, the Knight
259 Key Bridge, and the Old Bahia Honda Bridge, and National Register Information System
260 No. 04000788 comprising the Rockland Channel Bridge, the Shark Channel Bridge, the
261 Saddlebunch Nos. 2, 3, and 4 Bridges, the Lower Sugarloaf Bridge, the Park Channel
262 Bridge, the Bow Channel Bridge, the Kemp Channel Bridge, the Niles Channel Bridge,
263 the South Pine Channel Bridge, the Spanish Harbor Bridge, the Ohio -Bahia Honda
264 Bridge, the Ohio - Missouri Bridge, the Missouri - Little Duck Bridge, the Toms Harbor
265 Bridge, the Toms Harbor Cut Bridge, the Channel 2 Bridge, and the Channel 5 Bridge;
266 and
267
268 WHEREAS, the Overseas Highway is situated immediately adjacent to numerous
269 historic structures and cultural resources that have been accepted into the Florida
270 Department of State - Bureau of Historic Preservation - Division of Historical
271 Resources's Florida Master Site File; and
272
273 WHEREAS, the Monroe County Board of County Commissioners pursuant to
274 Resolution No. 59 -1992 designated the Long Key Overseas Viaduct, the Seven Mile
275 Overseas Railroad Bridge, and the Bahia Honda Overseas Railroad Bridge, all situated
276 adjacent to the Overseas Highway, historical and cultural landmarks; and
277
278 WHEREAS, the Monroe County Board of County Commissioners pursuant to
279 Resolution No. 524 -1993 designated Pigeon Key. situated adjacent to the Overseas
280 Highway, a historical and cultural landmark, and
281
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282 WHEREAS, the Monroe County Board of County Commissioners pursuant to
283 Resolution No. 131 -1996 designated Lignumvitae Key State Park, situated adjacent to the
284 Overseas Highway, a historical and cultural landmark; and
285
286 WHEREAS, the Monroe County Board of County Commissioners pursuant to
287 Resolution No. 132 -1996 designated Indian Key State Park, situated adjacent to the
288 Overseas Highway, a historical and cultural landmark; and
289
290 WHEREAS, the Florida Department of Transportation on June 22, 2001,
291 designated the Overseas Highway a Florida Scenic Highway based upon these natural
292 and scenic vistas; and
293
294 WHEREAS, the Monroe County Board of County Commissioners pursuant to
295 Resolution No. 172 -2002 designated the Old Overseas Highway on Cudjoe Key, situated
296 adjacent to the Overseas Highway, a historical and cultural landmark; and
297
298 WHEREAS, the United States Department of Transportation - Federal Highway
299 Administration National Scenic Byways Program in 2009 designated the Overseas
300 Highway an All- American Road based upon these beautiful waterways and scenic vistas;
301 and
302
303 WHEREAS, the All- American Road designation is the highest recognition
304 possible under the federal National Scenic Byways Program; and
305
306 WHEREAS, the Overseas Highway is Florida's only federally- designated All -
307 American Road; and
308
309 WHEREAS, the Monroe County Board of County Commissioners finds that this
310 Ordinance is necessary to advance the County's valid health, safety, and welfare police
311 power interests in enhancing traffic safety and minimizing distractions to drivers on the
312 Overseas Highway, obviating a distracting safety hazard to pedestrians on or adjacent to
313 said public right-of-way, and reducing visual pollution and enhancing the aesthetics of
314 the community; and
315
316 WHEREAS, the Monroe County Board of County Commissioners finds that this
317 Ordinance includes objective standards that may be utilized to provide the appropriate
318 guidance to determine which signs are off - premises marine signs and are being displayed
319 upon or over waters included within the territorial jurisdiction of the State of Florida or
320 upon or over County waters, and within clear visibility of the Overseas Highway, and
321 appropriate guidance to determine which vessels are being itinerantly operated, or caused
322 to be itinerantly operated, for the mere, main, principal, or primary purpose of displaying
323 off- premises marine signage upon or over such waters and within clear visibility of the
324 Overseas Highway;
325
326
327
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328 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
329 OF COUNTY COMMISSIONERS:
330
331 SECTION 1._ Recitals and Legislative Intent The foregoing recitals and statements of
332 legislative intent are true and correct and are hereby incorporated as if fully stated herein.
333
334 SECTION 2. - Title This Ordinance shall be titled the "Monroe County Oft - Premises
335 Marine Sign Ordinance."
336
337 SECTION 3. - Creation That Chapter 26 of the Monroe County Code of Ordinances,
338 entitled "Waterways," is hereby amended to create Article VI., entitled "Floating Signs,"
339 as follows:
340
341 ARTICLE VI. - FLOATING SIGNS
342
343 Section 26 -106. Jurisdiction. This Section shall be applicable to conduct
344 occurring ul2on submerged lands or over waters included within County waters, and to
345 conduct occurring upon submerged lands or over waters included within the territorial
346 iurisdiction(s) of each municipality within the county.
347
348 Section 26 -107. Administration. Monroe County and any authorized federal or
349 state law enforcement agency may enforce violations of this Section with respect to
350 conduct occurring_up_on submerged lands or over waters included within County waters.
351 Each municipality within the county and any authorized federal or state law enforcement
352 agenc y may enforce violations of this Section with respect to conduct occurring upon
353 Submerged _ _-or over waters included within the territorial „jurisdiction(s) of each
354 municipality within the county,
355
356 Section 26 -108. Definitions. The phrases terms. and words used in this Section
357 shall be, except as specifically defined otherwise herein. the same as they have been
358 defined in.the Monroe County Code of Ordinances and in the Monroe County Land
359 Development Code. The following terms shall have the following specific definitions as
360 used herein:
361
362 Anchor. mean use of traditional ground tackle, typically including an
363 anchor, anchor rode and chain, appurtenant to a vessel. and used to hold a vessel in place.
364
365 Moor. Shall mean use of a device laced on or affixed to the bottom. intended for
366 permanent use, to hold a vessel or floating structure in place As used in this Section, to
367 moor or a mooring shall not include other meanings of mooring such as tying off to a
368 dock or piling
369
370 Clearly visible from the Overseas Hiahway. Shall mean capable of being observed
371 by the unassisted vision of an ordinary person when viewed from any portion of the
372 Overseas Highway. A sign under this Section shall be clearly visible from the Overseas
373 Highway regardless of whether it is legible, or readable. and whether or not there are one
374 or more select vantage points on the Overseas Highway from which a particular line-of-
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375 sight to an offending off - premises marine sign may be obstructed; if there is at least one
376 vantage point upon the Overseas Highway from which an offending off-premises marine
377 sign is- ctearlvisible, it is of no legal effect under this Section that one or more other
378 vantage points on the Overseas Highway may present an obstructed line -of -sight to the
379 offendinp_ o_ ff- p_remises marine sig
380
381 Government Si n. A g overnment sign is a sign that is constructed and maintained
382 by a federal. state, or local . government, or a sign that a federal. state, or local government
383 expressly requires to be constructed and maintained.
384
385 Itinerantl O erated Vessel. Means a vessel that displays off- remises marine
386 si!z=4e and remains in the same location for 24 consecutive hours or displays off-
387 premises marine signage, and departs from and returns to the same location within 24
388 consecutive hours. It shall be nresurned that a vessel constitutes an itinerant) o erated
389 vessel should it display off - premises marine signage and either (1) remain in the same
390 location for 24 or more consecutive hours, or 2 display off-premises marine signage
391 and depart from and return to the same location within 24 consecutive hours. For
392 purposes of clarification, "the same location" shall constitute a 600 -foot -wide area
393 extendin from the vessel outwards in all directions and "display off-premises marine
394 signage" shall mean (1) that the vessel continuously_ or intermittently displays off -
395 premises marine signage while remaining at the same location for more than 24
396 consecutive hours. or (2) that the vessel continuously or intermittently displays off -
397 premises marine signage at the same location „from which it departs and returns to.
398
399 Off-Premises Marine Si n. Any sign relating in its subject matter to
_,_ _ p
400 accommo_ at�ons acti vities, commodities, or services, on a remis es other than the
401 location on which the sign_ is located, or any sign not attached to a lawfully established,
402 permitted, and/or approved building (hereinafter a "free- standing sign ") that is situated
403 over a water column above submerged land whether upon the water column itself or
404 upon a vessel or a floating structure above the water column. For purposes of
405 clarification, an off - premises marine sign may be either (l) a sign relating in its subject
406 matter to accommodations. activities. commodities or services on a premises other than
407 the location on which the sign is located, or (2) a free-standing sign that is situated over a
408 water column above submerged land, whether upon the water column itself or Upon a
409 vessel_ or a structure above the water column.
410
411 Premises. Any parcel of land that is owned, leased, or controlled by a person, and
412 that is engaged in a use including but not limited to accommodations, activities,
413 commodities. or services.
414
415 Water Column. The vertical extent of water, including the surface thereof. above
416 an area of submerged land regardless of such land's public or private ownership.
417
418 .Limitation Clause. App lication of the foregoing specifically defined terms is
419 limited to this Section, and these terms shall not re- define, modify, override, or supersede
420 any such term defined elsewhere in the Monroe County Code(s).
421
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422 Section 26 -109_. Construction and Interpretation. The construction and
423 interpretation of this Section shall be deferred in favor of Monroe County, and such
424 construction and interpretation shall be entitled to great weight in adversarial
425 administrative proceedings, on trial, and on appeal.
426
427 Section 26 -110. Prohibitions.
428
429 (a) Displav of Off - Premises Marine Signs on Anchored or Moored Vessels and
430 Floating Structures Prohibited. No off-premises marine sign(s) may be
431 displayed upon a vessel or a floating structure that is anchored, moored. or
432 otherwise affixed upon, or to, submerged lands or over waters included within
433 County waters. or up on submerged lands or over waters included within a
434 municipality's territorial jurisdiction, regardless of such submerged lands'
435 public or private ownership.
436
437 (b) Anchoring or Mooring of Off-Premises Marine Sig Prohibited. No off -
438 premises marine sign(s) may be directly anchored, moored. or otherwise
439 affixed upon. or to, submerged lands or over waters included within Count
440 waters, or upon submerged lands or over waters included within a
441 municipality's territorial jurisdiction, regardless of such Submerged lands'
442 public or rivate ownershi .
443
444 (c) Itinerantly Operated Vessels Prohibited. No vessel may be itinerantly
445 operated, or caused to be itinerantly operated. over County waters or over
446 waters included within a municipality's territorial ' urisdiction.
447
448 Section 26 -111. Exceptions.
449
450 (a) This Section shall not apply to off-premises marine si ns that are not clearl
451 visible from the Overseas Highwa .
452
453 (b) This Section shall not apply to a vessel whose off-premises marine sil4name is
454 not clearly visible from the Overseas Highway.
455
456 (c) This Section shall not apply to a sign(s) on a manned vessel or lawfully
457 permitted floatin structure, if such si na e displays the name and contact
458 information for the natural or legal person associated with the main or primary
459 purpose of said vessel or said lawfully_ permitted floating structure, and said
460 siana e is incidental to the vessel's or lawfully permitted floating structure's
461 main_ princi or primary purpose. and said signa7e is not the mere, main,
462 p rincip al. or primary purpose of the lawfully permitted floatin structure or of
463 said vessel or said vessel's operation. For purposes of clarification, "lawfully
464 permitted floating structure" means a floating structure that has received all
465 required federal, state, and local permits and approvals.
466
467 (d) This Section shall not apply to government signs.
468
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469 Section 26 -112. Penalties; Enforcement Procedure.
470
471 (a) Criminal Offense. Violations of this Section may prosecuted in the name of
472 the State of Florida by the prosecuting attomey thereof as more fully set forth
473 in Florida Statute Section 125.69(1) (2016). Any person or entity found guilty
474 of violating this Section may be sentenced to up to sixty 60 days in sail, or
475 fined in an amount of up to $500.00, or be subject to both imprisonment and
476 fines.
477
478 (b) Civil Offense. Violations of this Section may prosecuted by Monroe
479 County and by any municipality located within the county. as provided for in
480 Florida Statutes - Chap ter 162 2016 and Monroe County Code - Chapter 8
481 (2016 ) or pursuant to the pertinent municipality's code compliance
482 ordinances, administratively, at law, and in equity, as may be necessary to
483 enforce compliance with this Section_ and to collect damages in the form of
484 fines authorized by law.
485
486 1) For any violation under this Section Monroe County may initiate code
487 compliance proceedings pursuant to Monroe County Code - Chapter 8
488 and Florida Statutes - Chapter 162.
489
490 a) Counly Authori to Dismantle Remove or Cover O endin
491 Off - Premises Marine Suns, Vessels, and Floating Structures.
492 Monroe County may, pursuant to Florida Statutes - Chapter
493 162 and Monroe County Code - Chapter 8, take steps to cover,
494 or remove and /or dismantle an off-premises marine sign,
495 vessel, or floatiniz structure held in violation of this Section to
496 store it in a location where said sign vessel, or f7oatin
497 structure is not in view of the Overseas Highway, and to make
498 arrangements to return said off- premises marine sign, vessel, or
499 floating structure to the rightful owner. upon the owner's
500 payment of all reasonable costs associated with said covering,
501 removal, and/or dismantlement.
502
503 2) For violations under this Section each municip within the count
504 ma ini tiate code compliance proceedings pursuant to its own
505 respective code compliance or code enforcement ordinances and
506 Florida Statutes - Chapter 162.
507
508 a) elllunicipal Authority to Dismantle, Remove, or Cover
509 Offending Off-Premises Marine Qr Vessels, and Floatin
510 Structures. Each municipality within the county may pursuant
511 to its own respective code compliance ordinances and Florida
512 Statutes - Chapter 162, take steps to cover. or remove and/or
513 dismantle an . off-premises marine sign. vessel, or floating
514 structure held in violation of this Section. to store it in a
515 location where said sign. vessel or floating structure is not in
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5I6 view of the Overseas Highway, and to make arrangements to
517 return said off-premises marine sign vessel or floatin
518 structure to the rightfiil owner, upon the owner's payment of all
519 reasonable costs associated with said covering. removal and/or
520 dismantlement.
521
522 (c) Any federal and state law enforcement agency may enforce this Section
523 pursuant to duly enacted federal or state enabling legislation to or
524 civilly violation(s) of this Section, and may by administrative rule or
525 regulation enact its own authorized method(s) of criminally or civilly
526 prosecuting violation(s) of this Section.
527
528 1) Federal and State Authority to Dismantle, Remove, or Cover
529 Offending Off- Premises Marine Suns, Vessels, and Floating
530 Structures. In accordance with duly enacted statute(s). rule(s), or
531 regulation(s) enabling a federal or state agency to undertake such
532 enforcement and /or prosecutorial action federal and state law
533 enforcement agencies may take steps to cover, or remove and /or
534 dismantle an off-premises marine sign, vessel, or floatin structure
535 held in violation of this Section, to store it in a location where said
536 sign. vessel, or floating structure is not in view of the Overseas
537 Hip and to make arrangements to return said off-premises
538 marine si-ln, vessel, or floating structure to the rightful owner, upon
539 the owner's payment of Ali reasonable costs associated with said
540 coverina, removal, and/or dismantlement in accordance with such
541 enabling statute(s), rule(s), and regulation(s).
542
543 (d) Injunctive Relief: The County Attorney and the attorney(s) for each
544 municipality within the county are authorized to immediately seek injunctive
545 relief to en activities construction, maintenance practices repairs. and /or
546 uses in violation of this Section by motion for emergency, preliminary. and
547 permanent injunction. including by ex parte motion, and /or other forms of
548 equitable relief from a court of competent jurisdiction upon presentation of
549 prima facie evidence of a violation of this Section to said court.
550
551 (e) Units o Prosecution. Each individual Prohibited off-premises marine Sig that
552 is displayed may be prosecuted as a separate offense. Each day that a
553 prohibited off - premises marine sign is displayed constitutes a separate
554 irreparable or irreversible offense.
555
556 (t) Joint- Liabilitv. All owner(s), part owner(s), joint owner(s)
557 tenants) -in - common, tenants) in partnership, joint tenant(s), tenant(s) by the
558 entiretv. and holders of legal or beneficial title to or interest in an offendin
559 off-premises marine siZn, or in an offending vessel or floating structure held
560 in violation of this Section_ shall be jointly- and - severally liable with respect to
561 any legal orequitable jud ment or relief obtained by a federal or state agenc
562 the State of Florida the County or municipality within the county.
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563
564 (g) Costs. Any court of competent jurisdiction, the County Code Compliance
565 Special Magistrate,_ and the Code Compliance Special Magistrate(s) of each
566 municipality within the county, are authorized to impose against the
567 violators of this Section any costs associated with the removal
568 dismantlement, and /or covering of any offending - off-premises marine sign(s).
569 vessel(s), or floating structure(s), held in violation of this Section.
570
571 (h) No Waiver or Estoppel. It being that Monroe the State of Florida.
572 federal and state _law enforcement agencies, and municipalities authorized
573 herein-possess-discretion to enforce this Section, such local governments' or
574 state or federal enforcement agencies' delay or failure to enforce any
575 provision contained in this Section, however long continued, shahl not be
576 deemed a waiver or estoppel of the right for the local government or state or
577 federal enforcement nency to enforce this Section at anv time thereafter.
578
579 (i) The Monroe County Marine Resources Office is authorized to contract on an
580 on -call basis with at least one marine salvage company to assist with the
581 expeditious coverin dismantling and /or removal of offending off-premises
582 marine signage, vessels, or floating structures held in violation of this Section.
583 The Marine Resources Office is authorized to remove offending off-premises
584 marine signage, vessels, or floating structures pursuant to said contract(s).
585 ---
586 Section 26 -113. Provisions to Be Cumulative. This Section is cumulative to an
587 other substantive laws. ordinances, regulations and rules and is cumulative to
588 any enforcement procedure that those laws ordinances. re ulations and rules
589 may provide. This Section does not supersede or repeal or otherwise modify those
590 laws, ordinances. regulations, rules. or enforcement procedures thereunder in any
591 way.
592
593 Section 26 -114. _Private Right -of- Action. Any natural person may seek
594 injunctive relief in a court of competent jurisdiction to enforce violations of this
595 Section against a violator.
596
597 SECTION 4. - Severability. Partial Invaliditv, and Survival of Provisions. If any
598 provision of this Section, or any portion thereof, is held to be invalid or unenforceable in
599 or by any administrative hearing officer or court of competent jurisdiction, the invalidity
600 or unenforceability of such provision, or any portion thereof, shall neither limit nor
601 impair the operation, enforceability, or validity of any other provision of this Section, or
602 any remaining portion(s) thereof. All other provisions of this Section, and remaining
603 portion(s) thereof, shall continue unimpaired in full force and effect.
604
605 SECTION 5. - Repeal of Inconsistent Provisions All ordinances or parts of ordinances
606 in conflict with this ordinance are hereby repealed to the extent of said conflict herein.
607 Such repeal shall not repeal the repealing clause of such ordinance or revive any
608 ordinance which has been repealed thereby.
609
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611
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613
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629
630
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639
SECTION 6. - Captions and Paragraph Headings Captions and paragraph headings,
where used herein, are inserted for convenience only and are not intended to descriptively
limit the scope and intent of the particular paragraph or text to which they refer.
SECTION 7. - Inclusion in the Monroe County Code of Ordinances 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 8. - 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 21 st day of June, 2017,
Mayor George Neugent
Mayor pro tem David P. Rice
Commissioner Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner Sylvia J. Murphy
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK
I'
By:
Deputy Clerk Mayor George Neugent
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
PETER MORRIS
ASSISTANT CO U TY ATTORNEY
Date:
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