Item R2BOARD of COUNTY C OMMISSIONERS
AGENDA ITEM SU MMARY
Meeting Date: JanuM 19, 2
Division: Growth Management
Bulb Item: Yes No X Department: Marine resources Office
Staff Contact: Richard Jones
AGENDA ITEM WORDING
A public hearing to consider an ordinance by the Board of County Commissioners amending Chapter
6 o f the Monroe County Code (Waterways) to provide for renaming "Combustion Vessel Exclusion
Zones" to "No Motor Zones' � in order to eliminate boater confusion and provide consistency with "No
Motor Zones" established by the Florida Keys National Marine Sanctuary.
ITEM BACKGROUND
The Board of County Commissioners creates various types of vessel restricted areas for the primary
purpose of public health and safety. Approval by the Florida Fish and Wildlife Commission (F) is
also required in order to implement such areas, "Combustion Vessel Exclusion ones" have been
created in the past to allow entry of vessels without the engines running. Due to boater confusion
regarding the language on required signage delineating the "Combustion Vessel Exclusion Zones ", and
inconsistency with other similar zones in the Keys created by the Florida Keys National Marine
Sanctuary, staff` has requested and received approval from the FWC to change the zone to "No Motor
Zones ".
PREVIOUS RELEVANT BOCC ACTION
June 003- Approval of ordinance creating "Combustion Vessel Exclusion Zones"
Dec. 2010- Approval to advertise public hearing to consider approval of "No Motor Zones" ordinance
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RE COMMENDATIONS
Approval
TOTAL COST: n/a BUDGETED: Yes No
DIFFERENTIAL of LOCAL PREFERENCE: E: n/a
COST To COUNTY: SOURCE of FIENDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BV: County Atty X OMB/Purchasing Ri sk Management
DOCUMENTATION: Included X Not required
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. -2011
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS IONER. AMENDING CHAPTER
OF THE MONROE COUNTY CODE (WATERWAYS) T
PROVIDE FOR "NO MOTOR ZONES "' AND CONSISTENT
I NA E; PROVIDING FOR SEVERABILITY AND
REPEAL OF INCONSISTENT PROVISIONS; PROVIDII
FOR FILING WITH THE SECRETARY OF STATE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Monroe County has a variety of boating restricted areas codified under
ec. -7 1 of the Monroe County Code; and
WHEREAS, Monroe County has multiple Combustion Vessel Exclusion Zones intended
to exclude vessels from entering such areas with internal combustion engines running;
and
WHEREAS, the language Combustion Vessel Exclusion may be confusing to boaters
and is inconsistent with similar federally established boating restricted areas in the Heys
that use the language No Motor Zone; and
WHEREAS, utilizing the language No Motor Zone on buoys and signage will be clear to
boaters, provide consistency between similar Count} and Federal zones, and increase
compliance with the restrictions of such zones, and
WHEREAS, the Florida Fish & wildlife Conservation Commission permits such
boating restricted areas in accordance with Chapter 68D-23 Uniform Waterway Markers
in Florida waters; and
WHEREAS, the Florida Fish & wildlife Conservation Commission has approved a
request from the Marine Resources Office to rename Monroe County boating restricted
areas from Combustion Vessel Exclusion Zones to No Motor Zones;
NHw, THEREFORE, BE IT ORDAINED BY THE MONRHE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Monroe County Code Section 6 -1. Definitions shall he amended as
follows: (deletions are and additions are underline
Sec. 6 -1. Definitions
The following words, terms and phrases when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Combustion vessel exclusion zone means that no person shall operate a motorized
vessel (as defined in this section), by use of a combustion engine, or in some cases
where specifically established an electric motor, in any area spatially defined as
"Combustion Vesse I Exclusion Zone" and that is so identified as a "Combustion Vessel
Exclusion Zone" by appropriate signage.
Commercial vessel means:
( 1 ) Any vessel primarily engaged in the taking or landing of saltwater fish or
saltwater products or freshwater fish or freshwater products, or any
vessel licensed pursuant to F.S. § 370.06 from which commercial
quantities of saltwater products are harvested, from within and without
the waters of this state for sale either to the consumer, retail dealer, or
wholesale dealer; or
(2) Any other vessel, except a recreational vessel as defined in this section.
Discharge includes, but is not limited to, any spilling, leaking pumping pouring,
emitting, emptying or dumping.
Dive means to wholly or partially submerge one's body while equipped with a mash or
goggles, whether or not any type of underwater breathing apparatus is used.
Floating structure means as defined in F.E. § 327.02.
Houseboat means as provided in F.S. § 337.02.
Idle speedlno wake means that a vessel cannot proceed at a speed greater than that
speed that is necessary to maintain steerage.
Live - aboard vessel.
(1) The term "live-aboard vessel " means as provided in F.S. § 327.02.
( ) Any vessel with a person living a board and that is anchored, moored, or
docked in the same location for 72 consecutive hours is presumed to be
a lime- aboard vessel.
Lobster mini-season means the two -day sport season authorized by the state
pursuant to F.A.C. 68E- 24.005.
M anager means the manager and /or management staff of the land based facility
authorized by separate resolution and/or agreement to operate, manage and maintain
any county mooring field.
Manmade wafer body means a water body that was created by excavation by
mechanical means under human control and shall include a canal, cut basin, or channel
where its edges or margins have subsequently been modified by natural forces.
For the purposes of this chapter, such water bodies may have natural
components, for instance a channel or canal may have been dredged
such that the dredge material was used to create land on one side but
not the other, thus leaving a relatively natural shoreline on the opposite
side.
() Also for the purposes of this chapter, the manmade water body must
have "buildings,"" as defined in part 11 of this code along its shoreline to
be applicable. If buildings are not present on a given shoreline on the
dame of adoption of the ordinance from which this section is derived, but
such buildings are constructed at a later date, then the ordinance from
which this section is derived becomes effective at than time.
Marine sanitation device means as defined in F.S. § 327.02.
Mobile pump -out vessel means any vessel capable of pumping out and receiving
human body wastes and other effluent contained in marine sanitation devices installed
aboard other vessels.
l ooHngr field reams areas in and adjacent to the county installed mooring systems,
including designated anchoring arrears. These areas may include both county and state
owned submerged lands, but shall exclude privately owned submerged lands. The
delineation" implementation and management of county mooring fields shall be approved
by the state.
Motorboat means as provided in F.S. 327.02. This definition is synonymous with the
definition of motorized vessel.
Motorized vessel means any vessel that is propelled or powered by machinery and
that is capable of being used as a means of transportation on water.
No discharge zone means any of the areas located within state garters within the
boundaries of the Florida Keys National Marine Sanctuary, as identified in Federal
Register Notice 66:144, pp 38967-38969, promulgated on July 26, 200 1, and as shown
in attachment A of the ordinance from which this section is derived.
No Dolor Zone means all vessels eciuigged with internal combustion motors (e.g.:
gasoline or diesel motors) for Propulsion must turn off the internal combustion motor
if vossible to do so tilt or raise the internal combustion motor out of the water. The use
of electric motors is not prohibited.
Owner means as provided in F. S. § 327.02.
Person means an Individual, partnership firm, corporation" association, or other
entity, but does not include an individual on board a public vessel or the owner of a public
vessel.
Public vessel means a vessel owned or a bareboat chartered and operated by the
United Mates, the state, the county, or by a foreign nation, except when such vessel is in
commerce.
Pump -out station means a facility that pumps or receives human body wastes and
other effluent out of marine sanitation device installed on board vessels.
Beal property owner means any part owner, tenant in common, tenant in partnership,
joint tenant or tenant by the entirety, with legal or beneficial title to the whole or to part of
real property.
Recreational vessel means any vessel
(1) Manufactured and used primarily for noncommercial purposes; or
() Leased, rented, or chartered to a person for the person's noncommercial
use.
Residential area means any area designated improved subdivision, suburban
residential or suburban residential limited, sparsely settled, urban residential, and u rba n
residential mobile home under the county land development regulations.
Seaworthy condition means that a vessel is in good condition and capable of the use
for which it was designed.
Sewage means human body wastes and wastes from toilets and other receptacles
including approved marine sanitation devices (MD) intended to receive or retain body
wastes, whether treated or raw.
Slow speed1mirrimum wale means that a vessel must be fully off plane and
completely settled into the water It must not proceed at a speed greater than than which
is reasonable and prudent to avoid the creation of an excessive wale or other hazardous
condition under the existing circumstances. A vessel is not proceeding at a slow
speed /minimum wale when it is:
(1 ) Operating on a plane;
(2) In the process of coming off plane and settling into the water or coming
up onto a plane; or
() Operating at a speed that creates a wake that is unreasonable or
unnecessarily endangers other vessels.
S peafgun means any device whether commercially manufactured or hand -made, that
is designed and constructed so as to be capable of forcefully discharging at great velocity
any spear or any similar projectile in a direction determined by the user thereof for a
distance greater than two feet (24 inches) whether or not such spear or projectile is
tethered to the firing apparatus or otherwise limited in its range. No distinction shall be
made as to the mechanical construction or physical means used in such devices to
create the potential energy necessary to eject or fire such spear or similar projectiles.
Vessel reams as provided in F. S. § 327.02.
wafer -borne craft or structures subject to density allocation and wastewater
management requirements (water - borne craft) means and encompasses any of the
following definitions, houseboat, floating structures, live aboard vessel, and vessel as
defined in this chapter and F. S. § 327.02 when the object of such definitions is being
occupied in a manner that would be construed as either a residential or business purpose
that would normally require wastewater facilities. Such occupation, be it residential or
commercial in nature, could involve either longterm or shortterm tenancies and typically
would involve occupancy including habitation, eating, sleeping, bathing, and or a
business functions where the occupant were aboard the waterborne craft for several
hours per day.
(1) Water-borne craft may as a matter of course occupy a dry slip, wet slip,
or mooring as defined in this chapter and exist in a marina, marine
facii.:ty, mooring field or other location within or on waters of this state as
defined in this chapter.
(2) Water-borne craft are subject to a density allocation commensurate with
the district it occupies and is to be calculated as the equivalent of one
dens.ty unit. Water-borne craft are subject to wastewater management
requirements as def ned in this section and part If of this code.
Section 2. Article III Sec. 6.71 shall be amended as follows:
Sec. 2 6 -7 1 Boat restricted zones establi sh ed.
(a) Id /e speecilho wake zones. No person shall operate a vessel in the following
a real spatial) y d efi reed as " jdi a speedln o wake zon es" at a speed in excess of
idle speed/no wake as defined in this chapter*.
1 urnrnerland Ivey Channel: To include an area within 300 feet of shore
along the southwest shore of Surnmerland Ivey, running contiguous with
the shorelines of Surnmerland Ivey cove and Surnmerland Cove Isles
subdivisions.
() Ocean Reef club-
a. Bayside: To include an area between 300 feet of shore along the
northwest shore of North Ivey Largo running contiguous with the
shoreline of Snapper Point subdivision Ocean Reef club, within
the navigation channel that parallels the shoreline. Includes all
internal canals of Snapper Point subdivision.
b. Oceanside: To include all residential gnarls in Angelfish Cay, all
residential canals in channel cay, and the portion of Little
Angelfish Creek adjacent to Angelfish c ay.
( Riviera canal: To include the area of Riviera canal, Ivey West, running
from Cow Ivey channel to the west, until it turns approximately gg
degrees to the north.
(4) Jolly Roger Estates, Little Torch Key: To include an area running parallel
to the eastern shore of .dolly Roger subdivision approximately 300 feet
offshore and within the deep navigation canal parallel to the subdivision
shoreline. To include the northernmost canal gunning east -west) leading
into the internal subdivision canals.
() Sombrero Beach To include the area at the west side of Sombrero
Beach extending to the west side of the navigation carnal, bounded at its
southern extreme by Day Beacon No. 6.
( Safety Harbor: To include an area contiguous to and extending
approximately 300 feet from the residential shorelines of Safety Harbor
and Toll Gate Shores, within the existing deeper parallel navigation
channel.
(7) Community Harbor: To include the area within the bounds of Community
Harbor, Tavernier, Ivey Largo and extending in an arc from either side of
the mouth, just outside the bounds of the Harbor.
( All manmade water bodies: To include all manmade water bodies, as
defined in this chapter, within the waters of the county.
(g) Dove Creek: From the open water of the Atlantic/Hawk's Channel the
eastern section of Dove Creek to the western end of Dove Creek
subdivision and including the Dove Creek subdivision residential canal.
(1 o) ley West: Smathers Beach: To include an area parallel to the shore
along Smathers Beach running boo feet offshore.
(b) Slow speed1minimum wake zones. No person shall operate a vassal in the
following areas spatially defined as "slow speed /minimum wake zones" at a
speed in excess of slow speed /minimum wake as defined in this chapter:
(1) Snake Creek: To include the entire width of Snake Creek, from 100 feet
south of the Snake Creek Bridge at U.S. Highway 1, to 100 feet north of
the residential shoreline of the Venetian Shores subdivision Plantation
Key.
( Vaca Cut: Extending the length of Vaca Cut Marathon from the
regulatory marker located approximately 1,250 feet south of the Vaca
Cut Bridge to the regulatory markers located approximately Boo feet
north of the Vaca Cut Bridge.
(3) Whale Harbor: To include the area just north of the Whale Harbor Bridge
and extending south the length of the Whale Harbor navigation channel
to ATON number 1.
( Boot Ivey Harbor and Sister's Creek: To include all waters within Boot
Ivey Harbor including contiguous creeks and manmade canals, and
including approaches to the Harbor from the West beginning at Day
Beacon No. 7 and from the South, Sister's Creek beginning at Day
Beacon No. 4.
( Cow Key Channel: To include Cow Ivey Channel north of the Cow Ivey
Channel Bridge at U.S. Highway 1 and ending at Day Beacon Flo. 11, south of
the Cow Key Channel Bridge.
(6) Adams Waterway: To include the entire area known as Adams
Waterway, Ivey Largo, leading from Blackwater Sound on Florida Bay to
Largo Sound on the ocean side of the island of Ivey Largo.
(c) . No Motor Zones. No person shall operate
a motorized vessel in the following areas spatially defined as "nembp y
" "no m oto r zon a s ":
(1) Marry Harris Paris: To include an area parallel to the shoreline extending
the length of Harry Harris Park, Tavernier, Key Largo extending to the
west to include the five contiguous lots of Ocean Park Village and
extending approximately 450 feet offshore.
(2) Dove Creek and Dove Lake: To include the western end of Dove Creek
from the west end of Dove Creek subdivision to the mouth of Dove Lake
and the entire area of Dove Lake.
() Whale Harbor Channel "Flats ": To include the shallow areas adjacent to
the northeast and southwest sides of Whale Harbor Channel on the
ocean side of U.S. Highway 1. The approximate length of the zone
extends from the Whale Harbor Channel Aids to Navigation Numbers 8
and 9 southeastward to Whale Harbor Channel Aids to Navigation
Numbers 1 and 2. The width of the zone is defined, on either side of the
channel, by the adjacent shallow areas and the small channels farther to
the northeast or southwest of the Inhale Harbor Channel. The zones are
approximately triangular on either side of Whale Harbor Channel. The
Zones will specifically exclude the areas known as the 'Sand Bar,'
shallow, sandy areas immediately contiguous to Whale Harbor Channel
on either side.
(d) Motorboats prohib ted zone. No motorboat as defined herein shall eater an area
established by County Ordinance as 'motorboat prohibited zone." The following
area is a "motorboat prohibited zone":
Varadero Beach: To include an area within 300 feet of shore along the
cove on the bays ide of Frey Largo, known as Va radero Beach at
approximately mm 95.6 ba side and as shown graphically in the
attached map. Kayaks, canoes and similar exclusively human powered
vessels are allowed in this zone
(e) Viewable map of zones. Viewable maps of each of the zones noted in this
section are available at the county office for marine resources.
Section 3. Severability. If any section, paragraph, subdivision, clause, sentence or
provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
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.
Section 4. 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 5. Filing and Effective Date. This Ordinance shall be filed with the Florida
Department of State, and shall become effective as provided in Sec. 15.66(2), Florida
Statutes,.
(This area is intentionally left blank)
PASSED AND ADOPTED by the Board of County Conunissioners of Monroe County,
Florida at a regular meeting held on the day of _ - 11 011.
Mayor
Mayor faro tern
Commissioner
Commissioner
Commissioner
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
am
Deputy Clerk
am
MON Ace COUkt ATTORNEY
APP i(ED A5 0 FOAM
vrt
November 4, 20111:
• • r i L
PF
Commissioners
R ic h Jones, S enior Administrat
Florida Fish
M onroe County
and Wi
G rowth M anagement Divisio
C onse rvati o n
Marine Re sources Offic
Commission
2798 O verseas Highway Suite #420
Vice Chair
Marathon, Florida 33050
Commissioners
B e advised that this approval only applies if the draft ordinance is passed exactly
Rodney Barmto
RE: P ropose d Ch anges to Mo nroe County C ode Cha pter 26
Chair
revise th e or it would nee to be resubmitted f or app rova l. Please sub mit
Miami
Dear Mr. Jones,
Richard A. Dorsett
C ommissioners.
Vice Chair
Tampa
Th e Fl ori da F is h and Wildli C onservation C ommission ( FWC) received your
Kathy Barco
draft ordinance on Octob I 2 010. B ase d on our review of the in f or
Jacksonville
compliance with Cha pter 68D 1, Flo Administrative C (F. .C.), an
Ronald M. Bergeron
Fort Lauderdale
Sect ion 32 x.46, Florida St atutes ( F.S.), th e request f or approva o rev to
Dwight Stephenson
Ch apter 26 o th e M onroe C ounty Cod has b een approve The revision re quest
Delray Seach
is to rename thr ee b oating restricte areas fr om " Vesse Excl usion"
Kenneth W Wrlght
t o "'No Moto o nes" within Mo nroe C ounty. The revision t o th e C o d e d oes not
Winter Park
ex p and or adopt any new b oating restricte a Also, pl ease ensure all
Brian S. rahlonski
regu l atory markers affected by this Code reflect th e current re num
Tallahassee
Division of
Law Enforcement S incere ly ,
Colonel Jim Brown
Dir
(850) 488-6251
(850) 921 -6453 FAX
Sh aun Davis, Planner
Division of Law Enf orcemen t
Boating and W aterways S
M anaging fish and wildlife
rew uroes for their loVterm lsd
well -being and the benefit
of maple.
620 South Meridian Street
Tallahassee Florida
32399 - 1600
Voice: (850) 488 -4676
Hearin speech impaired:
(800) 955 -$771 (T)
(800) 955.8770 (V)
Mir Fly C.00m
B e advised that this approval only applies if the draft ordinance is passed exactly
v� s�.
as su bmitte d. If th e Mo nroe C ounty Board of C ounty C ommissioners chooses to
Nick
hlJ�k l�ll
Wlle lie�r
Exeoutive Di rector
revise th e or it would nee to be resubmitted f or app rova l. Please sub mit
Greg Holder
th e final approved ord inance upon passage by the B oar d of C ounter
Ass istant Executive Director
C ommissioners.
Karen Ventlmlgha
Deputy thief of Staff
If y ou h ave any q uestions, please contact me at (850) 488-5600 or by e-mail at
S haun.Davis@M yFWC .com.
Division of
Law Enforcement S incere ly ,
Colonel Jim Brown
Dir
(850) 488-6251
(850) 921 -6453 FAX
Sh aun Davis, Planner
Division of Law Enf orcemen t
Boating and W aterways S
M anaging fish and wildlife
rew uroes for their loVterm lsd
well -being and the benefit
of maple.
620 South Meridian Street
Tallahassee Florida
32399 - 1600
Voice: (850) 488 -4676
Hearin speech impaired:
(800) 955 -$771 (T)
(800) 955.8770 (V)
Mir Fly C.00m
Marine Resources
ORDINANCE PIN903
AN ORDINANCE of THE MONROE COUNTY BOARD of
C OAUdMIONERS AhEANDING ARTICLE II SECTION 5.-17 BOAT ,
DOCKS, AND WATERWAY ATI G THE TERM AND II ON
"NAVIGABLE CANAL" AND REPLACING IT INSTEAD rjLH THE TERM
AND THE DE oN "MAN MADE WATER BODY" AS CURRENTLY
ESTABLISHED IN ARTICLE I OF THE CHAPTER, FUrRT AMIENDING
THE CFIAPTE To MODIFY CERTAIN ARTICLES AND SECMON
THROUGHOUT THE CHAPTER To MOVE ALL DKIrINITIONS To
ARTICLE I of THE CHA&TER PROVIDING FOR INCLUSION IN THE
CODE of o1 INANCES� PROVIDING FOR SEVERARILITY- PROVIDING
FOR REPEAL of SECTIONS FOUND INCONSISTENT WITH THIS
REVISION, AND PROVIDING FOR AN EFFECTIVE HATE.
WHEREAS, the term "navigable canal's as defined in Chapter 5.5, 17 is overbroad and
exceeds the intent of the Board of Cow om m' 'oxers when adopting the Section; and
VV IEREA.S, the terns ;`man - made water body" as also defined in the Chapter better defines the
intent of the Board in adopting an Ordinance ' -0 g that man camW s be maintained for
unobstracted navigation; and
WHEREAS, it is the intent of the Board to consolidate the Code, such as def Wtion sermons,
for simplicity of use, now, therefore,
RE IT ORDAINED BY T BOARD of COUNTY CObOUSSIONERS, MONROE
COUNTY, FLORIDA THAT REVISIONS To CHAPTER 5.5 OCCUR AS FOLLOWS*
Section I. Revise Chapter 5.5, Article I to add deftitions as follows:
Co vessel means: ( any vessel primarily ended in the taking or landing of saltwater fish or
saltwater produces or freshwater fish or freshwater products, or any vessel licensed punim to [ES.)
70.06 from which co iercW quantities of saltwater products are harvest , from within and without
the waters of this state fear sale either to the co nsumer, retail dealer, or wholesale dealer; ( any other
vessel, except it recreational vessel as defined in this section.
Manager means the manager and/or ent staff of the land based facility audwdzed by separate
resolution and/or agreernew to operate, m anag e and maintain any county mooring field(s).
oorin , eld(s) means areas in and a.djaomt to Monroe County installed mooring systems, including
designated anchoring ate. These areas may include both county and state owned submerged lards,
but shall exclude privately owned submerged lands. The delineation, implementation and management
of county mooring fields will be approved by the state,
C:%TENENMMangroveTfiniRev.070901.
Resources
Real Pro Owner means any owner`, tenant in c om m on, tenatrt in parership, joint tenant or
� � -
tenant by the entirety, w ith lei or beneficial title to the whole or to part of real property.
Recreation& vessel means any veil: (a) Manufactumd and used primarily for noncommercial
purpo or (b) Leased, rented, or c to a person for the personas noncommercial use.
Residential area mews an area designated improved subdivision, suburban r sid=tial or suburban
residential limited, spame settled, urban residential, and urban residential mobile home under the
Monroe County land development regulations.
Seaworthy arthy condition mew that a vessel L's in good co ndition and capable of the use for which it was
designed.
eedon 2. Include definitions, or to be inoluded in Arficle L as referenced in Ordinance 006 -
2003 . but reprised herein:
Motorized Vessel means any vessel, which is propelled or powered by mac and which is capable
of being used as a means of transportation on water.
Combustion Vessel cluslon Zone means that no person shaliI open a motorized vessel (as defned
tn Article I of this Chapter), use of a combustion eng" or in some rises where specifically
established - an electric motor, in any area spatially defined as `Combustion Vessel Exclusion Zone"
and which is so identified as a "Combustion vessel Exclusion Zone by appropriate sigWe.
S ecdon 3. replace .5.16 (a) Deftnittow with the following tent:
(a) Definitions apply as provided i' Article I of this chapter or as referenced from other chapters
as appropriate.
Section 4* Replace 5.5 -17 (a) De nitions with the following text:
(a) Definitions shall apply as provided in Article I of this chapter or as refe need from other chapters
as ap p ro priate.
Sectlon 5. Revise Section 5.5 (b) to read as follows:
( b ) Prohibition on causing or permitting trees to interfere with vessels upon any man -made
wat erbody. No real property owner may cause, suff er, or permit a tree, trees or o ther vegetation, to
grove, or otherwise mod, from his or her real property into or over a roan -made water body in such a
way or as to constitute a navigational hard to, or to interfere with, vessels engaged in a
j ourney or ride upon the mars - made water body.
Section 6* Replace .5 Defmitions, with the follow teat:
Definitions shall apply as provided in Article I of this chapter or as referenced from other ohapters as
appropriate-
Simon 7* Replace 5 .5 - 77. Defmilions, with the following text:
Mme Resources
Definit l apply as pro vided in Article I of this chapter or as referenced from other chWers as
�ropnate.
Swdon & Revise Cater 5.5 (c) as follows,.
Combus E ngine Exclusion Zones: No person shall operate a motorized vessel in the following
areas sally defined as "combustion amine exclusion zones."
Chapter 5., 108 (c) (1) through 4 ) are retained intwL
Sez fion 9. Severability. if any section, subsection, sentence, cl ause or provision of this Ordinance is
held invalid, the remainder of this Ordinance shall not be affected by such invalidity.
Sermon 10, repeal of inconsistent ordinance clauses. All Ordinances or parts of Ordinances in
comet with this Ordinance are hereby reed to the extent of said conflict.
S 11. Ir lns in the Monroe County Code. The provisions of this Ordinance shall be included
and imorporated in the C of OrdirMces of the County of Monroe, Florida, as an addWon to
amendment thereto, aid shall be appropriately renumbered to conform to the uniform numbering
systems of the Code,
"on 12, Effective date. This ordinance shall be Bled with the Office of the Sect of Sty of
the Mate of Florida, and will ice effect upon receipt by that agency.
PASSED A ADD by the bard o County Conunis sinners, Monroe County, Florida
at a regdar meeting of said Board held on the IS th day of J M t A.D., 2003.
Mayor Dvae S pehar YES
Mayor Frio Tem Murray Nelson E
{ 66 . Com ssioner George eugent not rert
. McCo
Con�ssiom Charles "Sonny y
o rarnmxoner David Rice
w
1
L.KOLHAGE, Clerk
B
tylerk
LL. ` =r ILL 3
LLJ
BOARD OF COUNTY COUMSSIONERS
OF MONROE COUTT Y FLORIDA
By
ej
Mayor/Chairperson
q1RR gyE�p AS TO fUn�'A
Ap
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