Item Y4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
November 20, 2002
Division:
County Attorney
AGENDA ITEM WORDING:
Public hearing to consider revisions to Chapter 5.5, Boats, Docks and Waterways,
adding a definitions section, making several minor revisions for consistency, and
consolidating numerous articles concerning regulatory zones into one article.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
Approval to advertise at October 16, 2002 BOCC meeting.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
BUDGETED: Yes D No D
COST TO COUNTY:
APPROVED BY:
County Attorney - OMB/Purchasing D Risk Management D
DIVISION DIRECTOR APPROVAL: ~~
~s T. HENDRICK
DOCUMENTATION: Included D To Follow D Not Required D
AGENDA ITEM #
(4
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ORDINANCE NO. 2002
AN ORDINANCE OF THE MONROE COUNTY BOARD OF COMMISSIONERS
MAKING MINOR REVISIONS FOR CONSISTENCY, ADDING A DEFINITION
ARTICLE, AND CONSOLIDATING NUMEROUS ARTICLES CONCERNING
REGULATORY ZONES IN CHAPTER 5.5 MONROE COUNTY CODE (BOATS,
DOCKS, AND WATERWAYS), PROVIDING FOR SEVERABILITY,
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE,
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, it is in the interest of the County and its citizens to have consistent and easily read
ordinances; and
WHEREAS, this Ordinance seeks to consolidate eighteen sections of Chapter 5.5, Boats, Docks,
and Waterways and to add a definition article; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, MONROE
COUNTY, FLORIDA THAT the following revisions are made to Chapter 5.5, Monroe County Code:
Section 1. Eliminate Articles II through XVIII and Article XXI and consolidate them as revised in
Article V, identified in Section 6 below.
Section 2.
Renumber Article I as Article II, utilizing and/or reserving Sections 5.5-16 _ 5.5-45.
Section 3.
Renumber Article XIX as Article III, utilizing and/or reserving Sections 5.5-46 _ 5.5-75.
Section 4.
Renumber Article XX as Article N, utilizing and/or reserving Sections 5.5-76 _ 5.5-105.
Section 5.
Insert a new Article I to read:
Article I.
Sec. 5.5-1:
Defmitions pertinent to chapter 5.5
Defmitions:
(a) Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting,
emptying or dumping.
(b) Floating Structure - as defined in 327.02 (9), F.S., means a floating entity, with or without
accommodations built thereon, which is not primarily used as a means of transportation on
water but which serves purposes or provides services typically associated with a structure or
other improvement to real property. The term, "floating structure," includes but is not limited
to, each entity used as a residence, place of business or office with public access, hotel or
motel, restaurant or lounge, clubhouse, meeting facility, storage or parking facility, mining
platform, dredge, dragline, or similar facility or entity represented as such. Floating
structures are expressly excluded from the definition of the term "vesseL" Incidental
movement upon water or resting partially or entirely on the bottom shall not, in and of itself,
preclude an entity from classification as a floating structure.
A commercial establishment authorized by a licensed vessel manufacturer as a dealership
shall be considered a marina for non judicial sale purposes.
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(c) Houseboat - means a vessel or other floating structure which, for a period of time determined
by the State in which the vessel is located, is used primarily as a residence and is not used
primarily as a means of transportation. See also 327.02, F.S.
(d) Idle speed/no wake means that a vessel cannot proceed at a speed greater than that speed
which is necessary to maintain steerage.
(e) Liveaboard vessel means:
(1) Any vessel used solely as a residence;
(2) Any vessel represented as a place of business, a professional or other commercial
enterprise, or a legal residence, except for commercial fishing vessels;
(3) Any vessel with a person or persons living aboard that is anchored, moored, or docked in
the same location for seventy-two (72) consecutive hours is presumed to be a live-aboard.
(f) Man-made water 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 (See Definitions, Chapter 9.5-4
(M-4).
(1) 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.
(2) Also for the purposes of this chapter, the man-made water body must have "Buildings,"
as defmed in Chapter 9.5-4 (B-9), along its shoreline to be applicable. If buildings are
not present on a given shoreline on the date of adoption of this ordinance, but such
buildings are constructed at a later date, then this ordinance becomes effective at that
time.
(g) Marine sanitation device - as defmed in F.S. 327.02 (20) "Marine sanitation device" means
any equipment other than a toilet, for installation on board a vessel, which is designed to
receive, retain, treat, or discharge sewage, and any process to treat such sewage. Marine
sanitation device Types I, n, and ill shall be defmed as provided in 33 C.F.R. part 159.
(h) Mobile pump-out vessel means any vessel capable of pumping out and receiving human body
wastes and other effluent contained in marine sanitation devises installed aboard other
vessels.
(i) Motorboat means any vessel, which is propelled or powered by machinery and which is
capable of being used as a means of transportation on water.
G) No Discharge Zone means any of the areas located within State waters within the boundaries
of the Florida Keys National Marine Sanctuary, as identified in Federal Register Notice 66:
144, pp 38967-38969, promulgated on 26 July 2001, and as shown in Attachment A of this
Ordinance.
(k) No motorboat zone means that no person shall operate a motorboat, by use of its motor or
engine, in any area spatially defined as "No Motorboat Zones," and which is so identified as a
no motorboat zone by appropriate signage.
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(1) Owner means the individual, other than an individual aboard a public vessel, in actual
physical control of a vessel. Owner also means a person, other than a leinholder, having the
property in or title to a vessel. The tenn includes a person entitled to use or possession of a
vessel subject to an interest in another person, reserved or created by an agreement and
securing payment of perfonnance of an obligation, but the tenn excludes a lessee under a
lease not intended as security.
(m) Person means an individual, partnership, finn, corporation, association, or other entity, but
does not include an individual on board a public vessel or the owner of a public vessel.
(n) Public vessel means a vessel owned or a bareboat chartered and operated by the United
States, the State of Florida, Monroe County, or by a foreign nation, except when such vessel
is in commerce.
(0) Pump-out station means a facility that pumps or receives human body wastes and other
effluent out of marine sanitation devise installed on board vessels.
(p) Slow speed! minimum wake means that a vessel must be fully off plane and completely settled
into the water. It must not proceed at a speed greater than that which is reasonable and
prudent to avoid the creation of an excessive wake or other hazardous condition under the
existing circumstances. A vessel that is:
(I) Operating on a plane;
(2) In the process of coming off plane and settling into the water or coming up onto a plane;
or
(3) Operating at a speed that creates a wake which is unreasonable or unnecessarily
endangers other vessels;
is not proceeding at a slow speed/minimum wake.
(q) Sewage means human body wastes and wastes from toilets and other receptacles, including
approved marine sanitation devises (MSD) intended to receive or retain body wastes, whether
treated or raw.
(r) Vessel is synonymous with boat as referenced in Article vn, section 1 (b), Florida
Constitution (I968), and includes every description of watercraft, barge, and airboat, other
than a seaplane on the water, used of capable of being used as a means of transportation on
the water.
(s) Water Borne Craft or Structures Subject to Density Allocation and Wastewater Management
Requirements (Water-borne Craft) encompasses any of the following definitions, houseboat,
floating structures, liveaboard vessel, and vessel as defined in this chapter and Chapter
327.02, F.S. when the object of such definitions is being occupied in a manner that would be
construed as either a residential or business purpose which would nonnally require
wastewater facilities. Such OCCupation, be it residential or commercial in nature, could
involve either long tenn or short tenn tenancies and typically would involve occupancy
including habitation, eating, sleeping, bathing, and or a business functions where the
occupant were aboard the water borne craft for several hours per day.
Water-borne craft may as a matter of course occupy a dry slip, wet slip, or mooring as
defmed in this chapter and exist in a marina, marine facility ~ mooring field or other location
within or on waters of this state as defmed in this chapter.
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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 density unit. Water borne craft are
subject to wastewater management requirements as defined in Chapters 5.5 and 9.5 of this
Code.
Section 6.
Insert a new Article V to read:
Article V.
Vessel Restricted Areas located within the Waters of Monroe County, Florida
Sec. 5.5-106: Purpose:
(a) It is the purpose of this section of the Monroe County Code to defme areas that have or may
have vessel restricted zones. These zones can be Idle SpeedlNo Wake areas, Slow
SpeedlMinimum Wake areas, motorboat restricted areas, or areas in which vessel is restricted
amongst other forms of restriction to boat size, speed, or activity.
See. 5.5-107: Definitions
(a) Defmitions shall apply as provided in Article I of this chapter or are referenced from other
chapters as appropriate.
Sec. 5.5-108: Boat Restricted Zones Established
(a) Idle Speed/no wake zones: No person shall operate a vessel in the following areas spatially
defmed as "Idle SpeedlNo Wake Zones" at a speed in excess of idle speed/no wake as
defmed in this chapter.
(1) Summerland Key Channel: To include an area within 300 feet of shore along the
southwest shore of Summerland Key, running contiguous with the shorelines of
Summerland Key Cove and Summerland Cove Isles subdivisions.
(2) Ocean Reef Club:
(i) Bayside: To include an area between 300 feet of shore along the northwest shore
of North Key Largo running contiguous with the shoreline of Snapper Point
subdivision, Ocean Reef Club, within the navigation channel which parallels the
shoreline. Includes all internal canals of Snapper Point subdivision.
(ii) Oceanside: To include all residential canals in Angelfish Cay, all residential
canals in Channel Cay, and the portion of Little Angelfish Creek adjacent to
Angelfish Cay.
(3) Riviera Canal: To include the area of Riviera Canal, Key West, running from Cow Key
Channel to the west, until it turns approximately 90 degrees to the north..
(4) Jolly Roger Estates, Little Torch Key: To include an area running parallel to the eastern
shore of Jolly Roger subdivision approximately 300 feet offshore ~d within the deep
navigation canal parallel to the subdivision shoreline. To include the northernmost canal
(running east-west) leading into the internal subdivision canals.
(5) Sombrero Beach: To include the area at the west side of Sombrero Beach extending to
the west side of the navigation canal, bounded at its southern extreme by Day Beacon No.
~ '
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(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, Key Largo and extending in an arc from either side of the mouth, just outside
the bounds of the Harbor.
(8) All Man-made Water Bodies: To include all man-made water bodies, as defined in this
chapter, within the waters of Monroe County, Florida.
(9) Dove Creek: From the open water of the AtlanticIHawk's Channel, the eastern section of
Dove Creek to the western end of Dove Creek subdivision and including the Dove Creek
subdivision residential canal.
(b) Slow speed/minimum wake zones: No person shall operate a vessel in the following areas
spatially defined as "Slow Speed/Minimum Wake Zones" at a speed in excess of slow
speed/minimum wake as dermed in this chapter.
(1) Snake Creek: To include an area beginning at the north side of the Snake Creek Bridge
extending northward the entire length of the Creek, 100 feet from the shore of Venetian
Shores subdivision, Plantation Key.
(2) 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 800 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 A TON number I.
(4) Boot Key Harbor and Sister's Creek: To include all waters within Boot Key Harbor
including contiguous creeks and man-made 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.
(5) Cow Key Channel: To include Cow Key Channel north of the Cow Key Channel Bridge
at U.S. Highway I and ending at Day Beacon No 11, south of the Cow Key Channel
Bridge.
(c) No motorboat zones: No person shall operate a motorboat in the following areas spatially
defmed as ''No Motorboat Zones."
(1) Key West:
(i) Smathers Beach: To include an area parallel to the shore along Smathers Beach
running 600 feet offshore.
(2) Harry Harris Park: 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.
(3) 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.
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(d) Oversized Vessel Regulations. Reserved.
(e) Viewable map of zones: Viewable maps of each of the zones noted in this section are
available at the Monroe County Department of Marine Resources.
Sec. 5.5-109: Vessel Use Restriction Zone Delineation Markers
(a) The Vessel Use Restriction Zones established in Section 5.5-108 shall be marked on the
waters using the U.S. Coast Guard and State of Florida uniform regulatory markers in
accordance with applicable state and federal laws and regulations.
(b) Special requirements apply to markers for all man-made water bodies, which require that
signs describing the idle speed/no wake boating restricted area set forth in Section 5.5-108 (a)
(8) must be posted: (1) along U.S. Highway I near the county border and at least four (4)
other locations along U.S. Highway 1. From the Upper Keys to the Lower Keys; (ii) posted at
public boat launching ramps; and (iii) at marinas whose operators wish to post such signs.
The posted signs must be in accord with applicable state and federal laws and regulations. If
any regulatory markers are placed in man-made water bodies, as defmed in this chapter, those
markers must be in accord with applicable state and federal laws and regulations.
Sec. 5.5-110: New Vessel Restricted Areas
(a) New Vessel Restricted Areas, as identified by type in Section 5.5-108 (a), (b), (c), or (d), may
be approved by the Board of County Commissioners at a properly noticed and advertised
meeting of said Board, by Ordinance, in a single hearing held within the area most affected
by the proposed Vessel Restricted Area. The type of vessel restricted area and the boundaries
of the area shall be provided in any proposed additions to the Chapter.
Sec. 5.5-111: Bold Harmless Agreement Authorized
(a) As a condition for the issuance of a permit from the Division of Law Enforcement of the
Florida Fish and Wildlife Conservation Commission (hereinafter "department") for the idle
speed/no wake, slow speed/minimum wake, no motorboat, and other applicable zones,
described in Section 5.5-108, the County hereby consents and agrees to hold the department
harmless from fault with respect to any claims arising from alleged negligence in the
placement, maintenance, or operation of the department approved markers. The mayor is
authorized to sign and execute an agreement to that effect with the department if required by
the department's rules or procedures.
Sec. 5.5-112: Penalties
(a) Any person cited for a violation of this Article shall be deemed charged with a non criminal
infraction, shall be cited for such an infraction, and shall be cited to appear before the County
Court. Citations shall be issued pursuant to ~ 327.74, F.S. (uniform boating citations) by any
law enforcement agency authorized to issue such citations. The civil penalty for any such
infraction is fifty dollars ($50.00), except as otherwise provided in this section.
(1) Any person cited for an infraction under this section may:
(i) Post a bond, which shall be equal in amount to the applicable civil penalty; or
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(ii) Sign and accept a citation indicating a promise to appear.
(2) The officer may indicate on the citation the time and location of the scheduled hearing
and shall indicate the applicable civil penalty.
(3) Any person who willfully refuses to post a bond or accept and sign a summons is guilty
of a misdemeanor or the second degree.
(4) Any person charge with a non criminal infraction under this section may:
(i) Pay the civil penalty, either by mail or in person within ten (10) days of the date
of receiving the citation, or
(ii) If helshe has posted bond, forfeit bond by not appearing at the designated time
and location.
(5) If the person cited follows either of the above procedures, he/she shall be deemed to have
admitted the infraction and to have waived hislher right to a hearing on the issue of
commission of the infraction. Such admission shall not be used as evidence in any other
proceedings.
(6) Any person electing to appear before the County Court or who is required to appear shall
be deemed to have waived the limitations on the civil penalty specified in subsection (a).
The County Court, after a hearing shall make a determination as to whether an infraction
has been committed. If the commission of an infraction has been proven, the County
court may impose a civil penalty not to exceed five hundred dollars ($500.00).
(7) At a hearing under this chapter the commission of a charged infraction must be proven
beyond a reasonable doubt.
(8) If a person found by the County Court to have committed an infraction, he/she may
appeal that rmding to the Circuit court.
(9) Failure to pay fines within thirty (30) days shall be punished as a secondary
misdemeanor.
Sec. 5.5-113: Exemptions
(a) This article shall not apply in the case of an emergency or to a patrol or rescue craft.
Sec. 5.5-114: Sees. 5.5-114 - 5.5-135 _ Reserved
Section 5. Severability. H any section, subsection, sentence, clause or proVISIon of this
Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity.
Section 6. Repeal of inconsistent ordinance clauses. All Ordinances or parts of Ordinances in
conflict with this Ordinance are hereby repealed to the extent of said conflict.
Section 7. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition
to amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
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. . . .
Section 8. Effective date. This Ordinance shall be filed with the Office of the Secretary of State
of the State of Florida, and will take effect upon receipt by that agency.
PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular
meeting of said Board held on the ~ day of November. A.D., 2002.
Commissioner McCoy
Commissioner Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
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