Item H7BOARD of COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Janum 16, 2013
Division: Growth Dana ement
Bulk Item: Yes X No Department: Marine Resources Office
Staff Contact Person/Phone : Rich Jones 9- 805
AGENDA ITEM WORDING: Approval to include Attaciunent "B" Flaps of No -Anchoring Buffer
Zones to Ordinance 036-2012 which due to a scrivener's error was not included at the time of BOCC
approval.
ITEM BA I GROUNII: Due to a scrivener's error, at the time the BOCC approved Ordinance 03 6-
01 on October 17, 2012, Attachment "B" Flaps of No -Anchoring Buffer Zones was not included.
This Attachment was referenced and described on page 7 of the approved ordinance (attached).
PREVIOUS RELEVANT BOCC ACTION:
October 17, 2012 — BOCC approved Ordinance No. 03 - 01 .
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST* n/a INDIRECT COST* BUDGETED: Yes No
DIFFERENTIAL of LOCAL PREFERENCE:
COST ToCOUNTY: n/a SOURCE of FUNDS:
REVENUE PRODUCING,.: Yes � No AMOUNT PER MONTH Year
APPROVED BY: County Atty XOP OMB/Purchasing I Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 7/09
AGENDA ITEM ##
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ORIIINAN E NO, 036 d-201 f L
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTYCONMUSSIONERS AMENDING C F'TER 26
OF THE MONROE COUNTY CODE (WATERWAYS) TO
PROVIDE FOR"ARTICLE V ANCHORING ANC
MOORING RESTRICTED AREAS", PROVIDING FOR
EERADIL ITY -w PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR SIN
AND AN E CTIVE DATE,; PROVIDNG FOR
CODIFICATION; PROVIDING FOR AN EXPIRATION
DATE.
WHEREAS, in 1992 the Monroe County Departnent of Marine Resources prepared The
Boating Impacu Management Plan Final Report which documented fiveaboard vessel
impacts associated with unmanaged anchorages throughout the Keys; and
WHEREAS, in 2002 the Monroe County Department of Marine Resources prepared a
Keys -Wide Mooring Field System Preliminary Planning Document which included an
evaluation of anchorages throughout the Keys 'Including Boca Chien Tor, Cow Key
Channel, and Key West Harbor i . e. W i stefi a 1 sl and/Fl ern ing Key area) and recogiuzed
the need to address negative boating impacts associated with those umnanaged
anchorages; and
WEREAS, in 2008 the Monroe County Marine Resources office prepared the
Development of a Boating Management Flan for the Boca Chien Harbor Area which
evaluated a variety of boating impacts in that anchorage area and provided options for
managing anchoring activity, but recognized the lack of authority at that time) provided
to the Counter to regulate vessels other than liveaboard vessels; and
VVHEREA , in 2009 the Florida Legislature directed the F1orlda Fish & Wildlife
Conservation Conunission (FWC), in consultation with the Florida Department of
nviron rental Protection, to establish a Pilot Proms to explore potential options for
regulating the anchoring or mooring of non-li veaboard vessels outside the narked
boundaries of public mooring fields (327-4105 F. .); and
-70
47 VVMREAS, the goals of the Pilot Program are to encourage the establishment of
48 additional public mooring fields and to develop and test policies and regulatory regimes
49 that: promote the establishment and use of mooring fields, promote public access to
50 waters of the state, enhance navigational safety, protect maritime infrastructure, protect
51 marine environment, and deter improperly stored, abandoned or derelict vessels; and
52
53 AREAS, in November 2009 Monroe County sent a Letter of Interest to FWC to
4 participate in the Pilot Program in partnership with the Cities of Marathon and Key west,
55 each of which operate public mooring fields; and
56
7 WHEREAS, , the Monroe County Board of County Commissioners entered into Inter-
5 8 local Agreements with the Cities of Marathon and Key west on February 17, 2010
59 providing for coordinated partnerships in the FWC Pilot Program; and
60
1 WHEREAS,, the Monroe County Marine Resources Office retained consultants to
62 complete vessel surveys inside and outside of public mooring fields at Key West and
63 Marathon and in the anchorage at Boca Chi ca basin, and conducted stakeholder
64 workshops to take public input on anchoring and mooring issues and potential regulatory
65 regimes, in accordance with the criteria of the FWC Pilot Program; and
6
7 WHEREAS, FWC staff evaluated Monroe County# s vessel surveys, considered public
g input provided at stakeholder workshops, and provided a recommendation to the FWC to
69 approve Monroe County for participation in the Pilot Program; and
70
71 WHEREAS, at its February 2011 meeting the FWC approved Monroe County as one of
72 five local governments in the state to participate in the Pilot Program, including St.
73 Petersburg Sarasota, St. Augustine and Martin County; and
74
75 SEZ%EA , the Monroe County Marine and Port Advisory Committee and the Monroe
76 County Board of County Commissioners held numerous public meetings from 2009 to
77 the present to discuss, and take public input on FwC Pilot Program objectives, anchoring
78 impacts in umnanaged Keys anchorages, and viable solutions to address those anchoring
79 impacts; and
so
81 WHEREAS, the Monroe County Board of County Commissioners provided direction at
82 i is S eptember 2 1, 2011 meeting for staff to draft an anchoring ordinance to provide for
83 managed anchoring zones with accompanying regulations, and to coordinate with the
84 Cities of Marathon and Key west for the inclusion of ordinance language providing for
85 anchoring regulations in association with their respective mooring fields; and
86
87 WHE AS, at the September 21, 2011 Monroe County Board of County
88 Commissioners meeting the Board received a request from a representative of Wisteria
89 Island to have Key west harbor included as a managed anchoring zone, and the Board
90 approved the inclusion of that area as a managed anchoring zone; and
91
V�
2 VMREAS the Monroe County Board of County Commissioners provided additional
3 direction at its January 19, 2012 meeting for the anchoring ordinance to provide for four
94 managed anchoring zones, and revised the regu l atio ns for development to be applied
95 within those zones; and
d
97 VVM EA , the Monroe County Board of County Commissioners at its April 18, 2012
98 meeting accepted a request by the City of Marathon to include the greater Boot Key
99 Harbor area as a fifth managed anchoring zone, heard concerns from the Navy, and
100 din cted staff to include a prohibition on vessels within managed anchor* g zones that
101 exhibit conditions known to precede a derelict vessel condition, eliminate floating
102 structures language and eliminate USCG Auxiliary vessel Safety Check language
103 pending a recommendation from the USCG; and
10
105 WHEREAS, the Monroe County Board of County Comnussioners at its May 16, 2012
106 meeting accepted a request by Naval Air Station Key Nest to make areas of Boca Chica
107 basin, encompassed by the Navy Accident potential Zone and baybottorn, a no anchoring
108 zone to ensure the safety and secunky of the public; and
109
110 wgEREA � the Monroe County Board of County Commissioners has indicated that the
111 anchoring ordinance should net be over -reaching and not overburden dent boaters-,
112 and
113
114 VVM EAs� it is the intention of the Monroe County Board of County Conunissioners to
115 optize the incentive for vessel owners, who contribute to Boating Improvement Funds
116 through vessel registration fees and contribute to DEP Clean Vessel Act Program funds
117 through marine fuel takes, to properly pumpout and comply with existing sewage
118 discharge regulations within the federal No Discharge Zone in the Keys, by providing
119 free pumpout service to vessels located in managed anchoring zones and which are
120 served by the County pumpout proms; and
121
122 WHEREAS, Monroe County staff is negotiating a contract with the National Marine
123 waste Foundation to provide free pumpout service to vessels anchored in unincorporated
124 areas of the Florida Keys and to provide for a registration process, with accompanying
125 participation stickers or tags to be displayed on vessels indicating proof of regular
126 pumpouts; and
17
128 WHEREAS, because the anchoring ordinance is a test program the Monroe County
129 Board of County Commissioners desires that vessel owners be provided warnings by
130 enforcement officers prior to the issuance of citations, to allow every opportunity for the
131 vessel owner to comply with the described regulations; and
132
133 WHEREAS, the anchoring ordinance shall provide for the regulation of both liveaboard
134 and non-liveaboard vessels; and
13
136 VMEHEA , the Monroe County Board of County Commissioners encourages FWC to
137 fully implement the agency's At Risk Program in designated managed anchoring zones as
k]
138 a tool to identify vessels which exhibit conditions known to precede a derelict vessel
139 condition; and
140
141 WHEREAS, the regulations established in the anchoring ordinance are consistent with
142 the municipal modes of the City of Marathon and the City of Key west; and
143
144 WMREAS, the Monroe County Board of County Commissioners will it the
145 approved anchoring ordinance to FwC for consideration and approval prior to adoption
146 of the ordinance by the Board of County ommissioners;
147
148
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150 NOW9 "I`REFORE, RE IT ORDAINED BY 'TIIE MONROE COUNTY BOA
151 of COUNTY COMMISSIONERS:
15
153 Section 1# Chapter 26 of the Monroe County Code is amended as follows.
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155 Chapter 26
156 WATERWAYS
17
158 ARTICLE
159 ANCHORING AND MOORING RESTRICTED AREAS
10
161 Sec. 6-1 00 . Purpose. It is the purpose of this section of this Code to provide for
162 anchoring and mooring restricted areas where uru nanaged anchoring and/or mooring and
163 associated enviromnental and navigational impacts exist. These areas and restrictions are
164 created in accordance with F.S. § 327.4105, and by approvals of the Florida Fish and
165 wildlife Conservation Cornrnission which has been directed by the Florida State
166 Legislature to establish a Pilot Program to explore potential options for regulating the
167 anchoring or mooring of non-liveaboard vessels outside the marked boundaries of public
168 mooring fields. These restrictions are deemed to be necessary to protect the public
169 health, safety and welfare. 'These restrictions also include the regulation of liveaboard
170 vessels and floating structures, as provided for in F.S. § 37.60(3).
171
172 See. -1 0 1. Definitions.
173
174 Proof of pu pout means an acceptable form of proof that a vessel has had its vessel
175 sewage legally pumped out, or disposed of in the case of a Porta-Potti or other portable
176 toilet). Acceptable forms of proof include a pumpout registration sticker or tag issued by
177 the City of Ivey west, City of Marathon or Monroe County purnpout programs indicating
178 that the vessel receives routine pumpouts, or a pmnpout receipt from a pumpout facility
179 (including portable toilet dump stations) or purnpout vessel within the past ten (10) days.
180
181 Derelict Vessel means any vessel, as defined in F.S. § 3 7.0 , that is left, stored, or
182 abandon ed :
183 (a) In a wrecked, junked, or substantially dismantled condition upon any public
184 waters of this state.
4
185 (b) At any port in this state without the consent of the agency having jurisdiction
186 thereof,
187 (c) Docked or grounded at or beached upon the property of another without the
188 consent of the owner of the property
19
190 Sec. -10 . Anchoring and Mooring Restricted Areas.
191
192 (a) Managed Anchoring Zones. Managed Anchoring Zones are established for the
193 pose of protecting the marine environment, enhancing navigational safety, and
194 deterring improperly stored, abandoned, or derelict creels. Managed Anchoring
195 Zones are created as a tool to regulate anchoring activity in currently unmanaged
196 anchorages.
17
1 (1) Managed Anchoring Zones shall be established in the following described
199 geographic areas. Flaps delineating the Managed Anchoring Zones are
00 attached hereto as Attachment A, and are incorporated herein by reference and
of will be made available in the Marine Resources Office.
o
03 a. Boca Chica Basin: To include the body of water occurring between Stock
204 Island and Boca Chica Key (excluding the Navy Accident Potential Zone
205 (APZ), restricted areas, and bay bottom) south of U.S. Highway 1, west of
206 the westenn edge of the are of the ]BIAS Ivey west Accident Potential Zone
07 (APZ), wrest of a line intersecting the APZ at 4* 34.10' N 81 * 43.3 5'
208 and running south to 2411 3 3.63' N 81 * 43.3 5' W, south of a Line running
09 east -west from 4* 3 3. 3' N 8 1' 43.3 5' w to 240 3 3. 3' N 81 * 43 -15' w,
210 west of the western edge of Boca Chica Channel running southwest from
11 240 3 3 . ' N 8 ? 43 t 15' w to 240 3145' N 810 43. 4' w, north of l atitude
1 4* 33.4 ' N (approximately at the location of Boca Chica Channel
13 m ark er 7), east of a line rurming north-northwest from 44 3.4 5' N 8 1
14 43.3 8' w to 240 3 3.8 2' N 81 ° 43.46' w and continuing along the Mock
215 Island shoreline.
1 b. Key west Harbor: To include the body of water occurring wrest of
217 Fleming Ivey and Key west (excluding Nary restricted areas), south of a
218 line running east -west at latitud a 24 11 3 .1 9' N, cast o f a 1 ine Fanning from
219 the northwest tip of Pearl Bank to the north side of Tank Island (Sunset
oKey), and north of a line running east -wrest at latitude 4* 3 3.84' N.
1 c. Cow Key Channel: To include the body of water occurring between Ivey
222 West and Stock Island, south of U.S. Highway 1, and north of a line
3 running east -west at latitude 24P 33.44' N (approximately at the location
224 of Cow Ivey Channel marker 5).
225 d. Boot Ivey Harbor: To include the area of Boot Key Harbor (excluding the
6 permitted public mooring held and No -Anchoring Buffer Zone) occumng
227 south of the Vacs Key shoreline, east of Boot Ivey Harbor main channel
28 entrance marker 7 located at position 4' 4 .13' N 81106.84' w* north of
229 the Boot Key shoreline, and west of the far eastern side of Boot Key
30 Harbor at position 24* 4 . 4' N 81' 04.99' w, and including the entirety
231 of Sisters Creek south to marker 4 at the entrance of Sisters Creek and
232
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268
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270
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including the area occurring fiom Sisters Creek marker 4 at position 240
41.3 5' ITT 810 o .26-' w running east to the shoreline of ' aca Key at
position 24* 41.43' N 810 04. 3' w and nmning north along the shoreline
of Vaca Ivey and continuing to the west along the shoreline of Sombrero
Beach.
(2) The following regulations shall apply within Managed Anchoring Zones:
a. Prohibition of vessels exhibiting pre -derelict Gressel conditions. Vessels
determined to exhibit conditions known to precede a derelict vessel
condition are prohibited, including:
1 ) Vessel is not able to be used for navigation.
2) Vessel is listing.
3) Vessel is aground.
4) vessel is to danger of breaking its moonn .
5) Vessel is sinking.
6) Vessel is dragging anchor.
7) vessel has broken its mooring and has been secured for the protection
of the health, safety and wel fare of the citizens.
b. Prohibition of derelict vessels. Vessels deternxined to be derelict in
accordance with F.S. § 83.11 are prohibited.
c. F roo f of pumpout required. Vessels anchored or moored for more than ten
(10) consecutive days, and which are required to have a marine sardtation
device in accordance with F.S. § 327.53, must provide proof of pumpout.
Vessel owners may utilize a pwnpout service which may be provided by
the City of Ivey west, City of Marathon, Monroe County pumpout
programs, or other authorized vessel pumpout facility or vendor. The
rnuni cip al and County pumpout services are structured to provide ongoing
g
pumpouts for vessels located within managed anchoring zones, and may
provide a registration process by which vessel owners sign up for regular
pumpouts at a frequency based on anticipated need, with a ruinimum of
one pumpout per month. A montbly, color coded, registration sticker or
tag may be provided which vessel owners may display on their vessel,
indicating participation in the municipal or County pumpout program, and
which will be considered proof of pumpout. The municipal and/or County
pumpout programs shall maintain registration documentation and pwnpout
logs throughout the duration of the pilot Fromm, which shall be available
for review by any law enforcement officer. 1f a vessel owner utilizes
another vessel pumpout provider the vessel owner is rewired to maintain
documentation and purnpout logs to demonstrate use of pumpout to Fw ,
MCSO or other law enforcement officers.
(b) o-Anchoring Buffer Zones.No-Anchoring Buffer Zones are established outside
of, and 'm=ediatel y adjacent to, permitted public mooring fields for the purpose
of protecting maritime inf.-astructure, enhancing navigational safety and
promoting public access and the use of public mooring fields.
1
7 (1) NBuffer Zones shall be established M the following described
80 geographic areas. Maps delineating the No Anchoring Zones are attached
81 hereto as Attachment B, and are incorporated herein by reference and will be
282 made available in the Marine Resources Office.
283
284 a. Boot Key Harbor: To include a fifty foot (50') wide area immediately
285 adjacent to, and outside of, the perimeter of the east and west mooring
86 fields and the leased anchoring area.
87 b. Seaplane Basin: To include the area of Garrison Bight known as the
288 Seaplane Basin occurring north of the Key west shoreline, east of the
9 Fleming Key shoreline, south of a line running east -west 5 o ' north of the
90 Garrison Bight mooring field boundary markers C and D, and west of
291 Sigsbee Farb.
292 c, Boca Chi ca Basin: To include the body of water occurring between Stock
93 Island and Boca Chica Key (excluding Navy restricted areas) south of
4 U.S. Highway 1, east of the westem edge of the arc of the NAS Key west
295 APZ, east of aline intersecting the Navy APZ at 4* 34.10} 1N 1 * 43.3 5 }
96 w and mmning south to 41 33. 3' N 81 * 43.3 5 } w, north of a line
97 running east -west from 4' 33. 3" N 1' 43.3 ' w to 4' 33.63t N 81
8 43,1 ' w, and west of the western edge of Boca Chica Charnel and the
99 Navy restricted area (which includes Boca Chica Channel and the Navy
300 mooring field basin).
301
302 (2) The following regulations shall apply within No -Anchoring BufFer Zones:
303
304 No anchoring or mooring of any kind (vessels or floating structures) except
305 for vessels mooring within established permitted public mooring fields by
306 perznissi on of the mooring field owner or manager, vessels within a leased
307 anchoring area associated with a mooring field, commercial vessels (e.g.
308 barges) engaged in marine related work, military operations, vessels anchored
309 for the purpose of fishing or other recreational activities (but not overnight),
310 or in the case of an emergency (e.g. weather, mechanical, medical) causing the
311 need for a vessel to temp oraril y anchor.
31
313 Sec. 6- l 03. Enforcement. Regulations described in this Article may be enforced by law
314 enforcement o ffl cers of the City of Marathon or City of Ivey West (within their areas of
315 Jurisdiction), Monroe County, or FWC or any other law enforcement officer.
316
317 Sec. 6-104. Penalties.
318
319 (a) Any person cited for a violation of this article shall be charged with a noncriminal
30 infraction. A written warning shall be issued to provide the vessel owner 30 days
321 for corrective action or removal of the vessel. If corrective action or removal is
322 not accomplished, a Um'form Boating Citation may be issued for violations of this
323 ordinance pursuant to F.S. § 327.74 by any law enforcement agency authorized to
324 issue such citations. Vessel owners will be provided thirty (30) days between
325 issuance of citations. Fines associated with citations are established as follows:
7
36 (1) Fiat offense. o
327 ) Second offense,. 100
328 (3) Third offense- o
3 (4) Fourth or subsequent offenses- o and FWC will request that the owner
330 remove the vessel from the Managed Anchoring Zone or No -Anchoring
331 Suffer Zone
33
333 (b) Any person who fails to properly respond to a Uniform Boating Citation issued
334 for a violation of this article shall, in addition to the charge relating to the
335 violation of the boating laws of this County, be charged with the offense of failing
336 to respond to such citation and upon conviction be guilty of a misdemeanor of the
337 second degree punishable as provided in F.S. § 775.082 and F.S. § 775.083.
33
33 (c) 1f a law enforcement officer determines that a vessel is derelict, the violation shall
340 be processed in accordance with F. S . § 823.1 l
341
34 (d) Allowance shall be provided for vessels in need of safe harbor due to severe
343 weather conditions or temporary mechanical issues which may otherwise prohibit
344 a vessel from safely departing a managed anchoring zone.
34
346 Sec. 10 . Exonptions. The following exemptions are provided:
311
34 (a) vessels equipped with only incinerating or composting toilets are not required to
350 provide proof of purnpout, as those t pes of toilets are not designed to be pumped
351 out, However, effluent from those toilets is not allowed to be disposed of in the
352 waters of the No Discharge Zone within the Florida Keys.
353
354 (b) Stored vessels are not required to provide proof of pumpout.
355
356 Section 2. Severabifity. if any section, paragraph, subdivision, clause, sentence or
357 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
359 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this
359 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision,
360 clause, sentence, or provision immediately involved in the controversy in which such
361 judgment or decree shall be rendered.
36
363 Section 3. Repeal of Inconsistent F rovisions, All ordinances or parts of ordinance in
364 conflict with this ordinance are hereby repealed to the extent of said conflict. The repea]
365 of an ordinance herein shall not meal the repealing clause of such ordinance or revive
366 any ordinance which has been repealed thereby.
367
368 Section 4. Filing and Effective Date. This ord'umce shall be filed in the office of
36 Fe Secrete of the State of Florida and shall become effective as provided by law.
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Lodi catiom The provisions of this ot+divance shall be included and
incogmmte d into the Code of Order= of Mom= County, Florida shall be
numbed to canfom with the unifom nunzbering system of the Cam.
&Ufl2jm 6s Expiration Data' The FWC Pflot Program is scheduled to expire on July
1, 2014, unless extended by the Florida State Legislature, This ordimmee shall expo or
be wended eoneurirently with the F O Pilot Proud
PASSED AND ADOPTED by the Board of Counter Com issionars of Monroe County,
Florida at a tear meeting held on the 17th day of October, 2012.
Mayor David Rice
Mayorpr o tam Kin Wigington
mrWssioncr George Neugent
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
M NROE COUNTY BOARD OF COUNTY COMMISSIONERS
Att st DANNY L. KOLHAOE, CLERK
By co) C . By
Deputy Clerk May avid Rice
STATE OF FLORIDA
COUNTY OF MONROE
This Copy is a True ropy of the
Original on File in 'Lh i!b O°Lfice. Witness
my hand and Official Seal
Thi3 day of }
A.Da 1 20 CZ
DANNY L. KOLHAGE
C1 k ECuiva
By D C
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Yes
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O NROE COUNTY ATTORNEY
APPROVED AS TO FORM
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AN M. GRwDLEY
ASSES T COUN Y ATTORNEY
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