Item O7M
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
July 19, 2017
Agenda Item Number: 0.7
Agenda Item Summary #3148
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289 -2805
3 pm
AGENDA ITEM WORDING: A Public Hearing to consider adoption of an ordinance amending
Ch. 26 of the Monroe County (County) Code of Ordinances, deleting references to the Pilot Program
for Anchoring and Mooring which expires July 1, 2017, and adding language requiring proof of
pumpout Keys -wide.
ITEM BACKGROUND: On February 20, 2013, the Board of County Commissioners (BOCC)
adopted Ord. No. 009 -2013 (attached) providing for boating- restricted areas and associated
regulations, including `proof of pumpout' within `Managed Anchoring Zones', under the authority
of the Florida Fish and Wildlife Conservation Commission (FWC) Pilot Program for Anchoring and
Mooring (Pilot Program). Ord. No. 009 -2013 will expire July 1, 2017, concurrently with the
scheduled expiration of the Pilot Program.
At the August 17, 2016 BOCC meeting, the BOCC discussed the pending expiration of the Pilot
Program and requested that the FWC allow the Pilot Program to expire if regulations are put in place
which allow the County to continue the successes of the Pilot Program. Based on the FWC Pilot
Program report and recommendations to the State Legislature in January 2017, the Legislature
approved a bill revising State Statute and establishing anchoring regulations designed to further the
positive results of Pilot Program, including authority for any local government located within a No
Discharge Zone (NDZ) to enact and enforce proof of pumpout regulations for vessels and floating
structures anchored for more than ten consecutive days. As all waters of the Florida Keys are within
a federally - established NDZ, the new statutes will provide for Monroe County's proof of pumpout
requirement to be re- established, and expand to include of the Florida Keys' waters within the
County.
Based on the authority provided by the Legislature (effective July 1, 2017), staff has provided an
ordinance (attached) amending Chapter 26 Waterways of the County Code, deleting all references to
the Pilot Program, and adding provisions to enact a new proof of pumpout requirement. The new
provisions, which expand the geographic area within which proof of pumpout will be required, are
based on similar criteria as the current proof of pumpout regulations (which have been tested for the
past four years) and provide for vessels pumped out by the County's mobile vessel pumpout service
to receive monthly color -coded stickers which is an acceptable form of proof of pumpout. Upon
adoption, the ordinance will be submitted to FWC for review and approval before implementation
can occur (as required under F.S.327.60(4)(b), effective July 1, 2017).
Staff recommends approval of adoption of the ordinance revising Chapter 26 of the County Code to
provide for proof of pumpout Keys -wide.
PREVIOUS RELEVANT BOCC ACTION:
Feb. 2013- Adoption of Ord. No. 009 -2013 establishing a `proof of pumpout' requirement within
Managed Anchoring Zones.
May 2017- Approval to advertise a public hearing to adopt ordinance amending Ch. 26 of the
County Code deleting references to the Pilot Program for Anchoring and Mooring, and adding
language establishing proof of pumpout Keys -wide.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of ordinance
DOCUMENTATION:
Ordinance No.009 -2013
Ordinance- Proof of Pumpout Keys -Wide
FINANCIAL IMPACT:
Effective Date: July 19, 2017
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: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
I to] WTI i X1171"
Mayte Santamaria
Completed
06/27/2017 10:36 AM
Christine Hurley
Completed
06/27/2017 10:40 AM
Peter Morris
Completed
06/28/2017 3:47 PM
Jaclyn Carnago
Skipped
06/28/2017 3:47 PM
Budget and Finance
Skipped
06/27/2017 10:35 AM
Maria Slavik
Skipped
06/27/2017 10:35 AM
Kathy Peters
Completed
06/28/2017 5:02 PM
Board of County Commissioners
Pending
07/19/2017 9:00 AM
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ORDINANCE NO. 009 -2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS RE- ADOPTING
ORDINANCE 036 -2012 WHICH AMENDED CHAPTER 26
OF THE MONROE COUNTY CODE (WATERWAYS) TO
PROVIDE FOR "ARTICLE V ANCHORING AND
MOORING RESTRICTED AREAS"; SPECIFICALLY
INCLUDING ATTACHMENT "B" MISSING FROM
ORDINANCE 036 -2012; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR FILING
AND AN EFFECTIVE DATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EXPIRATION
DATE.
WHEREAS, Ordinance No. 036 -2012 (Ordinance) was passed on October 17, 2012, by
the Monroe County Board of County Commissioners and was filed with the Secretary of
State on November 2, 2012; and
WHEREAS, Ordinance No. 036 -2013 is effective; and
WHEREAS, Sec. 26- 102(b) of the Ordinance provided for "No Anchoring Buffer
Zones "; and
WHEREAS, legal descriptions of the "No Anchoring Zones" were provided in the text
of the Ordinance in Sec. 26- 102(b)(1) ; and
WHEREAS, the Ordinance referenced Attachment B, maps of the "No Anchoring
Zones ", in Sec. 26- 102(b)(1) to illustrate the legal descriptions in the text; and
WHEREAS, Attachment B was not included at the time of the public hearing on October
17, 2012; and
1
46 WHEREAS, it is the intention of this ordinance to re -adopt all of Ordinance 036 -2012
47 along with the missing Attachment B, now attached hereto;
48
49 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
50 OF COUNTY COMMISSIONERS:
51
52 SECTION 1
53
54 Ordinance 036 -2012 is readopted in its entirety to provide the text and attachments
55 in one document as follows:
56
57
58 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
59 COUNTY COMMISSIONERS AMENDING CHAPTER 26
60 OF THE MONROE COUNTY CODE (WATERWAYS) TO
61 PROVIDE FOR "ARTICLE V ANCHORING AND
62 MOORING RESTRICTED AREAS "; PROVIDING FOR
63 SEVERABILITY; PROVIDING FOR REPEAL OF
64 INCONSISTENT PROVISIONS; PROVIDING FOR FILING
65 AND AN EFFECTIVE DATE; PROVIDING FOR
66 CODIFICATION; PROVIDING FOR AN EXPIRATION
67 DATE.
68
69
70 WHEREAS, in 1992 the Monroe County Department of Marine Resources prepared The
71 Boating Impacts Management Plan Final Report which documented liveaboard vessel
72 impacts associated with unmanaged anchorages throughout the Keys; and
73
74 WHEREAS, in 2002 the Monroe County Department of Marine Resources prepared a
75 Keys -Wide Mooring Field System Preliminary Planning Document which included an
76 evaluation of anchorages throughout the Keys including Boca Chica Harbor, Cow Key
77 Channel, and Key West Harbor (i.e. Wisteria Island /Fleming Key area) and recognized
78 the need to address negative boating impacts associated with those unmanaged
79 anchorages; and
80
81 WHEREAS, in 2008 the Monroe County Marine Resources Office prepared the
82 Development of a Boating Management Plan for the Boca Chica Harbor Area which
83 evaluated a variety of boating impacts in that anchorage area and provided options for
84 managing anchoring activity, but recognized the lack of authority (at that time) provided
85 to the County to regulate vessels other than liveaboard vessels; and
86
87 WHEREAS, in 2009 the Florida Legislature directed the Florida Fish & Wildlife
88 Conservation Commission (FWC), in consultation with the Florida Department of
89 Environmental Protection, to establish a Pilot Program to explore potential options for
90 regulating the anchoring or mooring of non - liveaboard vessels outside the marked
91 boundaries of public mooring fields (327.4105 F.S.); and
92
93 WHEREAS, the goals of the Pilot Program are to encourage the establishment of
94 additional public mooring fields and to develop and test policies and regulatory regimes
95 that: promote the establishment and use of mooring fields, promote public access to
96 waters of the state, enhance navigational safety, protect maritime infrastructure, protect
97 marine environment, and deter improperly stored, abandoned or derelict vessels; and
98
99 WHEREAS, in November 2009 Monroe County sent a Letter of Interest to FWC to
100 participate in the Pilot Program in partnership with the Cities of Marathon and Key West,
101 each of which operate public mooring fields; and
102
103 WHEREAS, the Monroe County Board of County Commissioners entered into Inter -
104 local Agreements with the Cities of Marathon and Key West on February 17, 2010
105 providing for coordinated partnerships in the FWC Pilot Program; and
106
107 WHEREAS, the Monroe County Marine Resources Office retained consultants to
108 complete vessel surveys inside and outside of public mooring fields at Key West and
109 Marathon and in the anchorage at Boca Chica basin, and conducted stakeholder
110 workshops to take public input on anchoring and mooring issues and potential regulatory
111 regimes, in accordance with the criteria of the FWC Pilot Program; and
112
113 WHEREAS, FWC staff evaluated Monroe County's vessel surveys, considered public
114 input provided at stakeholder workshops, and provided a recommendation to the FWC to
115 approve Monroe County for participation in the Pilot Program; and
116
117 WHEREAS, at its February 2011 meeting the FWC approved Monroe County as one of
118 five local governments in the state to participate in the Pilot Program, including St.
119 Petersburg, Sarasota, St. Augustine and Martin County; and
120
121 WHEREAS, the Monroe County Marine and Port Advisory Committee and the Monroe
122 County Board of County Commissioners held numerous public meetings from 2009 to
123 the present to discuss, and take public input on FWC Pilot Program objectives, anchoring
124 impacts in unmanaged Keys anchorages, and viable solutions to address those anchoring
125 impacts; and
126
127 WHEREAS, the Monroe County Board of County Commissioners provided direction at
128 its September 21, 2011 meeting for staff to draft an anchoring ordinance to provide for
129 managed anchoring zones with accompanying regulations, and to coordinate with the
130 Cities of Marathon and Key West for the inclusion of ordinance language providing for
131 anchoring regulations in association with their respective mooring fields; and
132
133 WHEREAS, at the September 21, 2011 Monroe County Board of County
134 Commissioners meeting the Board received a request from a representative of Wisteria
135 Island to have Key West harbor included as a managed anchoring zone, and the Board
136 approved the inclusion of that area as a managed anchoring zone; and
137
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138 WHEREAS, the Monroe County Board of County Commissioners provided additional
139 direction at its January 19, 2012 meeting for the anchoring ordinance to provide for four
140 managed anchoring zones, and revised the regulations for development to be applied
141 within those zones; and
142
143 WHEREAS, the Monroe County Board of County Commissioners at its April 18, 2012
144 meeting accepted a request by the City of Marathon to include the greater Boot Key
145 Harbor area as a fifth managed anchoring zone, heard concerns from the Navy, and
146 directed staff to include a prohibition on vessels within managed anchoring zones that
147 exhibit conditions known to precede a derelict vessel condition, eliminate floating
148 structures language and eliminate USCG Auxiliary Vessel Safety Check language
149 pending a recommendation from the USCG; and
150
151 WHEREAS, the Monroe County Board of County Commissioners at its May 16, 2012
152 meeting accepted a request by Naval Air Station Key West to make areas of Boca Chica
153 basin, encompassed by the Navy Accident Potential Zone and baybottom, a no anchoring
154 zone to ensure the safety and security of the public; and
155
156 WHEREAS, the Monroe County Board of County Commissioners has indicated that the
157 anchoring ordinance should not be over - reaching and not overburden transient boaters;
158 and
159
160 WHEREAS, it is the intention of the Monroe County Board of County Commissioners to
161 optimize the incentive for vessel owners, who contribute to Boating Improvement Funds
162 through vessel registration fees and contribute to DEP Clean Vessel Act Program funds
163 through marine fuel taxes, to properly pumpout and comply with existing sewage
164 discharge regulations within the federal No Discharge Zone in the Keys, by providing
165 free pumpout service to vessels located in managed anchoring zones and which are
166 served by the County pumpout program; and
167
168 WHEREAS, Monroe County staff is negotiating a contract with the National Marine
169 Waste Foundation to provide free pumpout service to vessels anchored in unincorporated
170 areas of the Florida Keys and to provide for a registration process, with accompanying
171 participation stickers or tags to be displayed on vessels indicating proof of regular
172 pumpouts; and
173
174 WHEREAS, because the anchoring ordinance is a test program the Monroe County
175 Board of County Commissioners desires that vessel owners be provided warnings by
176 enforcement officers prior to the issuance of citations, to allow every opportunity for the
177 vessel owner to comply with the described regulations; and
178
179 WHEREAS, the anchoring ordinance shall provide for the regulation of both liveaboard
180 and non - liveaboard vessels; and
181
182 WHEREAS, the Monroe County Board of County Commissioners encourages FWC to
183 fully implement the agency's At Risk Program in designated managed anchoring zones as
in
184 a tool to identify vessels which exhibit conditions known to precede a derelict vessel
185 condition; and
186
187 WHEREAS, the regulations established in the anchoring ordinance are consistent with
188 the municipal codes of the City of Marathon and the City of Key West; and
189
190 WHEREAS, the Monroe County Board of County Commissioners will transmit the
191 approved anchoring ordinance to FWC for consideration and approval prior to adoption
192 of the ordinance by the Board of County Commissioners;
193
194 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
195 OF COUNTY COMMISSIONERS:
196
197 Section 1. Chapter 26 of the Monroe County Code is amended as follows:
198
199 Chapter 26
200 WATERWAYS
201
202 ARTICLE V
203 ANCHORING AND MOORING RESTRICTED AREAS
204
205 Sec. 26 -100. Purpose. It is the purpose of this section of this Code to provide for
206 anchoring and mooring restricted areas where unmanaged anchoring and/or mooring and
207 associated environmental and navigational impacts exist. These areas and restrictions are
208 created in accordance with F.S. & 327.4105, and bygpproval of the Florida Fish and
209 Wildlife Conservation Commission which has been directed by the Florida State
210 Legislature to establish a Pilot Program to explore potential options for regulating the
211 anchoring or mooring of non - liveaboard vessels outside the marked boundaries of public
212 mooring fields. These restrictions are deemed to be necessary to protect the up blic
213 health, safety and welfare. These restrictions also include the regulation of liveaboard
214 vessels and floating structures, as provided for in F.S. 327.60(3).
215
216 Sec. 26 -101. Definitions.
217
218 Proof of pumpout means an acceptable form of proof that a vessel has had its vessel
219 sewage legally pumped out, or disposed of (in the case of a Porta -Potti or other portable
220 toilet). Acceptable forms of proof include a pumpout registration sticker or tag issued by
221 the City of Key West City of Marathon or Monroe County pumpout programs indicating
222 that the vessel receives routine pumpouts or a pumpout receipt from a pumpout facility
223 (including portable toilet dump stations ) or pumpout vessel within the past ten (10) days
224
225 Derelict Vessel means any vessel, as defined in F.S. & 327.02 that is left stored or
226 abandoned:
227 (a In a wrecked, junked, or substantially dismantled condition upon any public
228 waters of this state.
229 (b1 At any port in this state without the consent of the agency having_ jurisdiction
230 thereof.
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231 (c) Docked or grounded at or beached upon the property of another without the
232 consent of the owner of the property
233
234 Sec. 26 -102. Anchoring and Mooring Restricted Areas.
235
236 U Managed Anchoring Zones. Managed Anchoring Zones are established for the
237 purpose of protecting the marine environment, enhancing navimational safety, and
238 deterring improperly stored, abandoned, or derelict vessels. Managed Anchoring
239 Zones are created as a tool to regulate anchoring activity in currently unmanaged
240 anchorages.
241
242 (1) Managed Anchoring Zones shall be established in the following described
243 geographic areas. Maps delineating the Managed Anchoring Zones are
244 attached hereto as Attachment A, and are incorporated herein by reference and
245 will be made available in the Marine Resources Office.
246
247 a. Boca Chica Basin: To include the body of water occurring between Stock
248 Island and Boca Chica Key (excluding the NM Accident Potential Zone
249 (APZ), restricted areas, and bay bottom) south of U.S. Highway 1 west of
250 the western edge of the arc of the NAS Key West Accident Potential Zone
251 (APZ), west of a line intersecting the APZ at 24° 34.10' N 81° 43.35' W
252 and running south to 24° 33.63' N 81° 43.35' W, south of a line running
253 east -west from 24° 33.63' N 81' 43.35' W to 24° 33.63' N 81' 43.15' W
254 west of the western edge of Boca Chica Channel running southwest from
255 24 33.63' N 81 43.15' W to 24 33.45'N 81 43.24' W, north of latitude
256 24° 33.45' N (approximately at the location of Boca Chica Channel
257 marker 7), east of a line running north - northwest from 24 33.45' N 81
258 43.38' W to 24 33.82' N 81 43.46' W and continuing along the Stock
259 Island shoreline.
260 b. Key West Harbor: To include the body of water occurring west of
261 Fleming Key and Key West (excluding NM restricted areas) south of a
262 line running east -west at latitude 24 ° 35.19' N, east of a line running from
263 the northwest tip of Pearl Bank to the north side of Tank Island (Sunset
264 Key), and north of a line running east -west at latitude 24° 33.84' N.
265 c. Cow Key Channel: To include the body of water occurring between Kev
266 West and Stock Island, south of U.S. Highway 1, and north of a line
267 running east -west at latitude 24 33.44' N (approximately at the location
268 of Cow Key Channel marker 5).
269 d. Boot Key Harbor: To include the area of Boot Key Harbor (excluding the
270 permitted public mooring field and No- Anchoring Buffer Zone) occurring
271 south of the Vaca Key shoreline, east of Boot Key Harbor main channel
272 entrance marker 7 located at position 24 42.13' N 81 06.84' W north of
273 the Boot Key shoreline, and west of the far eastern side of Boot Key
274 Harbor at position 24° 42.54' N 81' 04.99' W, and including the entiret
275 of Sisters Creek south to marker 4 at the entrance of Sisters Creek, and
276 including the area occurring from Sisters Creek marker 4 at position 24°
277 41.35' N 81 05.26' W running east to the shoreline of Vaca Key at
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278 position 24° 41.43' N 81 04.93' W and running north along the shoreline
279 of Vaca Key and continuing to the west along the shoreline of Sombrero
280 Beach.
281
282 Q The following regulations shall apply within Managed Anchoring Zones:
283
284 a. Prohibition of vessels exhibiting pre- derelict vessel conditions. Vessels
285 determined to exhibit conditions known to precede a derelict vessel
286 condition are prohibited, including:
287 1) Vessel is not able to be used for navigation.
288 2) Vessel is listing.
289 3) Vessel is aground.
290 4) Vessel is in danger of breaking its mooring.
291 5) Vessel is sinking.
292 6) Vessel is dragging anchor.
293 7) Vessel has broken its mooring and has been secured for the protection
294 of the health, safety and welfare of the citizens.
295 b. Prohibition of derelict vessels. Vessels determined to be derelict in
296 accordance with F.S. § 823.11 are prohibited.
297 c. Proof of pumpout required. Vessels anchored or moored for more than ten
298 (10) consecutive days and which are required to have a marine sanitation
299 device in accordance with F.S. § 327.53, must provide proof of pumpout.
300 Vessel owners may utilize a pumpout service which may be provided by
301 the City of Key West City of Marathon, Monroe County pumpout
302 programs or other authorized vessel pumpout facility or vendor. The
303 municipal and County pumpout services are structured to provide ongoing
304 pumpouts for vessels located within managed anchoring zones, and may
305 provide a registration process by which vessel owners sign up for regular
306 pumpouts at a frequency based on anticipated need with a minimum of
307 one pumpout per month. A monthly, color coded, registration sticker or
308 tag may be provided which vessel owners may display on their vessel,
309 indicating participation in the municipal or County pumpout program, and
310 which will be considered proof of pumpout. The municipal and /or County
311 pumpout programs shall maintain registration documentation and pumpout
312 logs ughout the duration of the Pilot Program, which shall be available
313 for review by any law enforcement officer. If a vessel owner utilizes
314 another vessel pumpout provider the vessel owner is required to maintain
315 documentation and pumpout logs to demonstrate use of pumpout to FWC,
316 MCSO or other law enforcement officers.
317
318 (b) No- Anchoring Buffer Zones. No- Anchoring Buffer Zones are established outside
319 of and immediately adjacent to permitted public mooring fields for the purpose
320 of protecting maritime infrastructure enhancing navigational safety and
321 promoting public access and the use of public mooring fields.
322
323 (1) No- Anchoring Buffer Zones shall be established in the following described
324 geographic areas. Maps delineating the No Anchoring Zones are attached
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325 hereto as Attachment B, and are incorporated herein by reference and will be
326 made available in the Marine Resources Office.
327
328 a. Boot Key Harbor: To include a fifty foot 50') wide area immediatelX
329 adjacent to, and outside of, the perimeter of the east and west mooring
330 fields and the leased anchoring area.
331 b. Seaplane Basin: To include the area of Garrison Bight known as the
332 Seaplane Basin occurring north of the Key West shoreline east of the
333 Fleming Key shoreline, south of a line running east -west 50' north of the
334 Garrison Bight mooring field boundary markers C and D and west of
335 Sigsbee Park.
336 c. Boca Chica Basin: To include the body of water occurring between Stock
337 Island and Boca Chica Key (excluding Navy restricted areas) of
338 U.S. Highway 1, east of the western edge of the arc of the NAS Key West
339 APZ, east of a line intersecting the Navy APZ at 24° 34.10' N 81' 43.35'
340 W and running south to 24° 33.63' N 81' 43.35' W north of a line
341 running east -west from 24° 33.63' N 81° 43.35' W to 24° 33.63' N 81°
342 43.15' W, and west of the western edge of Boca Chica Channel and the
343 Navy restricted area (which includes Boca Chica Channel and the Navy
344 mooring field basin).
345
346 (2) The following regulations shall apply within No- Anchoring Buffer Zones:
347
348 No anchorini or mooring of any kind (vessels or floating structures) excgp
349 for vessels mooring within established permitted public mooring fields by
350 permission of the mooring field owner or manager, vessels within a leased
351 anchoring area associated with a mooring field, commercial vessels (e.g.
352 barges ) engaged in marine related work, military operations, vessels anchored
353 for the purpose of fishing or other recreational activities (but not overnight)
354 or in the case of an emergency (e.g. weather, mechanical medical) causing the
355 need for a vessel to temporarily anchor.
356
357
358 Sec. 26 -103. Enforcement. Regulations described in this Article may be enforced by law
359 enforcement officers of the City of Marathon or City of Key West (within their areas of
360 jurisdiction), Monroe County, or FWC or any other law enforcement officer.
361
362
363 Sec. 26 -104. Penalties.
364
365 Lal Any person cited for a violation of this article shall be charged with a noncriminal
366 infraction. A written warning shall be issued to provide the vessel owner 30 days
367 for corrective action or removal of the vessel. If corrective action or removal is
368 not accomplished, a Uniform Boating Citation may be issued for violations of this
369 ordinance pursuant to F.S. § 327.74 by any law enforcement agency authorized to
370 issue such citations. Vessel owners will be provided thirty (30)days between
371 issuance of citations. Fines associated with citations are established as follows:
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372 (1) First offense- $50
373 (2) Second offense- $100
374 (3) Third offense- $250
375 (4) Fourth or subsequent offenses- $250 and FWC will request that the owner
376 remove the vessel from the Managed Anchoring Zone or No- Anchoring
377 Buffer Zone
378
379 (b) Any person who fails to properly respond to a Uniform Boating Citation issued
380 for a violation of this article shall in addition to the charge relating g_ o the
381 violation of the boating laws of this County, be charged with the offense of failing
382 to respond to such citation and upon conviction be guilty of a misdemeanor of the
383 second degree punishable as provided in F.S. $ 775.082 and F.S. § 775.083.
384
385 Lc) If a law enforcement officer determines that a vessel is derelict the violation shall
386 be processed in accordance with F.S. § 823.11
387
388 (Q Allowance shall be provided for vessels in need of safe harbor due to severe
389 weather conditions or temporary mechanical issues which may otherwise prohibit
390 a vessel from safely departing a managed anchoring zone
391
392
338943 Sec. 26 -105. Exemptions. The following exemptions are provided:
395
396 (a) Vessels equipped with only incinerating or composting toilets are not required to
397 provide proof of pumpout, as those types of toilets are not designed to be pumped
398 out. However, effluent from those toilets is not allowed to be disposed of in the
399 waters of the No Discharge Zone within the Florida Keys
400
401 (b) Stored vessels are not required to provide proof of pumpout
402
403 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
404 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
405 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this
406 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision,
407 clause, sentence, or provision immediately involved in the controversy in which such
408 judgment or decree shall be rendered.
409
410 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
411 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal
412 of an ordinance herein shall not repeal the repealing clause of such ordinance or revive
413 any ordinance which has been repealed thereby.
414
415 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of
416 the Secretary of the State of Florida and shall become effective as provided by law.
417
0
418 Section 5. Codification. The provisions of this ordinance shall be included and
419 incorporated into the Code of Ordinances of Monroe County, Florida and shall be
420 numbered to conform with the uniform numbering system of the Code.
421
422 Section 6. Expiration Date. The FWC Pilot Program is scheduled to expire on July
423 1, 2014, unless extended by the Florida State Legislature. This ordinance shall expire or
424 be extended concurrently with the FWC Pilot Program.
425
426 SECTION 2
427
428 Attachments A and B are specifically incorporated herein as mentioned in the text
429 of the ordinance above.
430 SECTION 3
431
432 Severability. If any section, paragraph, subdivision, clause, sentence or provision of this
433 ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
434 judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance,
435 but the effect thereof shall be confined to the section, paragraph, subdivision, clause,
436 sentence, or provision immediately involved in the controversy in which such judgment
437 or decree shall be rendered.
438
439 SECTION 4
440
441 Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict with
442 this ordinance are hereby repealed to the extent of said conflict. The repeal of an
443 ordinance herein shall not repeal the repealing clause of such ordinance or revive any
444 ordinance which has been repealed thereby.
445
446 SECTION S
447
448 Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of
449 the State of Florida and shall become effective as provided by law.
450
451 SECTION 6
452
453 History Notes. This ordinance shall be sent to Municipal Code Corporation to include this
454 ordinance in the history notes along with Ordinance 036 -2012 in the Monroe County
455 Code.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 20th day of February, 2013.
Mayor George Neugent
Mayor pro tem Heather Carruthers
Commissioner David Rice
Commissioner Danny L. Kohlage
Commissioner Sylvia Murphy
Yes
Yes
Yes
Yes
Yes
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, CLERK
By l ( ;:g
Depu y Clerk
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B y �- s
Mayor George Neugent
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Attachment A- Maps of Managed Anchoring Zones
Boca Chica Harbor
Attachment A- p.I
Packet Pg. 3068
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Boot Key Harbor
Attachment A- p.4
Packet Pg. 3071
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Attachment B- Maps of No Anchoring Buffer Zones
Boot Key Harbor
Attachment B- p.I
Packet Pg. 3072
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Key West Mooring Field /Seaplane Basin
Attachment B- p.2
Packet Pg. 3073
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Boca Chica Basin
Attachment B- p.3
Packet Pg. 3074
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ORDINANCE NO. _-2017
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, AMENDING CHAPTER 26 OF THE
MONROE COUNTY CODE OF ORDINANCES; DELETING
LANGUAGE REFERENCING THE PILOT PROGRAM FOR
ANCHORING AND MOORING; ADDING LANGUAGE
ESTABLISHING PROOF OF PUI\/IPOUT KEYS -WIDE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF INCONSISTENT PROVISIONS; PROVIDING FOR FILING
AND AN EFFECTIVE DATE; PROVIDNG FOR CODIFICATION.
WHEREAS, on February 20, 2013, the Board of County Commissioners (BOCC)
adopted Ordinance No. 009 -2013 establishing boating restricted areas and accompanying
regulations, including proof of pumpout within Managed Anchoring Zones, which was approved
by the Florida Fish and Wildlife Conservation Commission (FWC) in compliance with the Pilot
Program for Anchoring and Mooring (Pilot Program), established by the FWC under the
authority provided by F.S. 327.4105; and
WHEREAS, The FWC Pilot Program is scheduled to expire July 1, 2017 in accordance
with F.S. 327.4105; and
WHEREAS, County Ordinance No. 009 -2013 will expire concurrently with the
expiration of the FWC Pilot Program; and
WHEREAS, F.S. 327.60(4), effective July 1, 2017, provides authority for a local
C,
to enact and enforce proof of pumpout regulations, for vessels or floating structures
anchored or moored for more than ten consecutive days within a federally established No
Discharge Zone (NDZ), based on sufficient availability of sewage pumpout services and
facilities; and
WHEREAS, all of the waters within the Florida Keys National Marine Sanctuary are
within the NDZ for the Florida Keys; and
WHEREAS, the County's mobile vessel pumpout program provides free and convenient
pumpout service to anchored vessels throughout the waters of the Florida Keys within Monroe
County;
WHEREAS, the County desires to continue the proof of pumpout regulation, initially
cstablished under the Pilot Program, and expand the geographic area within which the proof of
pumpout regulation may be applied, to include the entire Florida Keys within Monroe County;
and
46 WHEREAS, the adopted ordinance cannot take effect until it is reviewed and approved
47 by the FWC; and
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49 WHEREAS, upon adoption by the BOCC the ordinance will be submitted to FWC for
50 review and approval;
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53 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
54 COUNTY COMMISSIONERS:
55
56 Section L Chapter 26 of the Monroe County Code is amended as follows: (deletions are
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Shown stricken through; additions are shown underlined)
Chapter 26 — WATERWAYS
ARTICLE V. - ANCHORING A ND A f0ORING n STRICTED AREA c PROOF OF PUMPOUT "I
Sec. 26 -100. - Purpose.
ig
These afeas afid Festrietions afe efeated in accordanee with F.S. § 327.4105, and by appr-o-, ef the Florid-a
Fish afid Wildlife Conservation Geffiffiissiafi which has been dii b, 4., Flefida State Legi',lattffe tO
establish a Pilot PFegfafa to eNplefe potential options fat regulating, the anehering Or- ine6fiffix ef flE)n
liveabeaFd vessels outside the Marked b0EHIElffies ef publie ffleefing fields. The, -ire deemed te
l•, e nb o wa o seEs a i te t� m �tFaetufes - p Ffor- ,4ded for F .c 3 2 7 6 (3
-ri-o �-
It is the purpose of this Section to establish a requirement, based on the authority provided under
F.S.327.600), for vessels and floating structures subject to the marine sanitation requirements of F.S.
327.53 to provide proof of proper sewage disposal means of an approved mobile sewage pumpout
service. an approved sewage pumpout facility, or an approved waste reception facility when anchored or
moored for more than ten 00) consecutive calendar days within the federally - established No- Discharge
Zone in the Florida Keys.
Sec. 26 -101. - Definitions.
M1115 �Msw_ ■
Proof of pumpout means an acceptable form of proof ti-at a vessel has had its vessel sewage leaally
pumped out, or disposed of (in the case of a Porta -Potti or other portable toilet). Acceptable forms of proof
include a current pumpout registration sticker or tag issued by the City of Key West, City of Marathon Lor
other municipality) or Monroe County pumpout pro -rams indicating that the vessel receives routine
pumpouts, or a valid pumpout receipt from a pumpout facility (including portable toilet dump stations) or
pumpout vessel within the Past ten days.
96 r Ord N 036 2 0 1 � , Of a. No. 009-204-3-,44
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98 See. 26 -102. Anebefing ftttd mooring restricted iffe Proof of Pumpout Required
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102 derelict vessels. Managed anchering,
103 ^ a ,.h,,. ^, es.
ili - nr ; hall be e sta bli shed rh F.,: -J- ib ge ,-,hi., ., Ti4
sl b - c`i i� ' cv xncn vccacavrranca- iircrr v�r.6�h "a&-v ! b
105 delineating the mana afiehefing,
105 ineafpefated hefein by reference and will be made available iti the MaFine ResauFees Ogiee.
107 a. Offs G1 iea BaSiH7 TO ilW d r e F. ' e f .pro, eeeuff bet weeti C`t !,,Iaf..] Et fid B
108 E#iea Key (ey�cl. e Navy AecidentPetentialZe^e (AP Z), - egtfietedafeas— and bay
109 betteo) south of earte O f t he ^ of th n n c Key West
110 '
111 ,
112 _ ° ° ° °
113 24 ° ° °
114 latitude 24 2 33.45'N
115 _ 81' ° 81
116 eantinuing ll L ' a th e Ct isl s h o e l
117 L b wes� of Fleming Key and Key West
118 °
119 east of a lifie running from the neFthwest tip ef Peaf! Batik to �he fiefth side of Taalk island
120 (Sunset Key) .0 HOFth li e a s t west at l 24'33 84'N
121 e. Cow Key Ghmmeh Te inelude the bad) of watef aeettf:ring between Key Wast and Stock
122 °
123 (appfaxifflately at the location of Gaw Key Channel Faafkef 5).
124 d. Beet Key Harbei To ineltide the area of Beet Key Harbor- (ex�eludiiig the per-faitted pub4ie
125 iiieerifig field and fie ftnehoring buffer- zone)
efBeet Kerber main - ehanfrel entr-afree - -f=ray wear-rin
126 F 7 loe-ated— at= p9sitieT,- Z24'42.13'N
127 8 1 ' 06.84'W. neFth ef the Beet Key shofelime, and west ef the faF eastern side Of BOOt Key
128 sitieo z�} .54'r 91'0 4.99 ' W.. ,a e l u di n g t he - c •..tees Creek ��CbB[ at po sition ai= n- r- iiic�rrn., cn m� i f �� rot're rr
129 ,
130 81 2 05.26W running east to the shereline ef Vaea Key
131 at position _ ' 04.93'W and FuHning narth aleng the shoreline of Vaea Key and
132 e �t...,,..,. t,, th . eSt_.,lrnn the nhOfel:,,e Of c.. bFeFe Beael
133 (2) The f ..,,I.,tiefi^ shall ply withi mana ged ., „6,,..in
134 a. Prohibitiota of vessels exhibiting pr-e defeliet vessel eenditions. Vessels deterFaiged to exhi4A
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136 1) Vessel i o f a bl e t be tis ed f f ., g ti
137 2) Ve ss el i s I;
y
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139 4) Vessel i s .: darn° of breaking its
140 ;` Vessel is sinking.
141 64 V esse l df agg i ng h
142 a
143 ai , el f o f the e iti zel ,
144 .. Vess
145 823.11 afe PF(Aibited.
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146 e- Proof c f pumpout required. Vessels anchored or moored for more than ten consecutive days,
147 and which are required to have a marine sanitation device in accordance with F.S. § 327.53,
148 must provide proof of pumpout. Vessel owners may utilize a pumpout service which may be
149 provided by the City of Key West, City of Marathon, Monroe County pumpout programs, or
150 other authorized vessel pumpout facility or vendor. The municipal and county pumpout
151 services are structured to provide ongoing pumpouts for anchored vessels leeated withi
152 Fnanaged aneheFing zones and may provide a registration process by which vessel owners
153 sign up for regular pumpouts at a frequency based on anticipated need, with a fflininquFH
154 maximum of one pumpout per month week A monthly, color coded, registration sticker or tag
. may be provided which vessel owners may display on -their vessel, indicating participation in
156 the municipal or county pumpout program, and which will be considered proof of pumpout.
157 The municipal and /or county pumpout programs shall maintain registration documentation and
158 pumpout logs thfeoghout the dara;ien of tthm. Dil Pr_ogFa.n which shall be available for
159 review by any law enforcement officer. If a vessel owner utilizes another vessel pumpout
160 provider the vessel owner is required to maintain documentation and pumpout logs to
161 demonstrate use of pumpout to FWC. NICSO Monroe County Sheriffs Office or other law
162 enforcement officers. Proof of pumpout, regardless of the type of proof. m_ us_t indicate that the
163 vessel or floating structure was pumped out within the last thin 30 days. Monroe Count
164 encoura;es utilization of the County's mobile vessel pumpout service to ensure availability of
165 routine pumpouts as may be needed.
166 ..
167 adjaeent to. permitted publie meering ,
168 enhaneiBg navigatiefial safety and promoting publie aeeess and the use of publie maer-iiig fi
169
170
171 ineefpefated hefein by fefeFefiee and will be iiiade available in the Marine Resetifees Offiee.
172 a. Boof Key Hat�boi-,- To include a 50 fee� wide afea iFflfflediately aEljaeeiit �(3, afid outside ef, +191-e
173 rimete west ft - g s n
of the east afid e field 4 e e
ld e
Y" t
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175 navth of the Key West skeFeliae, east of the Flemin Key shereline, south of a line Funnin
176 e&st 'Wert 50' Herth e€ the CCaffisen BiRht meeririg €field boundary marlFeFs C= and D., and west
177 o f Si Pa
178 c. B-gea Chiea To include the bedy of water eeeaffing between 8�eek island and Beea
179 Chiea Key (exeluding Nw. vestFieted area-,) south of U.S. Highway 1, east of the ,vestern
180 edge of the are of the NAS Key West AP7,. east of a line intersecting �he Navy APZ at
181 24 81 2 4 ' 33.63'N
182 ' 33.63 ' N 81'43,35'W 24 0 -
183
184
185 b aF
186 a `
187 peFmitted publie mooFing fields by peffflission of the fnaet4fig field owner OF manager. vess
188
O
189 e e iti FARfiHe Fe!Rted �'�tf AA-�k ntfkita?p s. _. e l s ehefed f0f th . Y �F c:,.h :f
190 (e.g. weathef:7
191 .f.. nieal, medical) .e a tfsiiig theft -oar{ for .. vess to te ,.hof
192 r OfEi N e. 036 20 Ord N e. 009 20 13, � 1 �
193 Sec. 26 -103. - Enforcement.
194 Regulations described in this article may be enforced by Law Enforcement Officers of the City of
195 Marathon or City of Key West (within their areas of jurisdiction), Monroe County, or FWC or any other law
196 enforcement officer.
197 r n�o-36 201 1 -; Ord. N o. 009 - 2013 —� 1 4
198 See. 26 -104. - Penalties.
199 (a) Any person cited for a violation of this article shall be charged with a noncriminal infraction. A
200 . .
of if e tiN' e M4 k)� �• x .
O f the N r°o, a Ut,ifortn Eoat �;g Cita 11µy be
202 issued for violations of this ordinance pursuant to F.S. § 327.74 by any law enforcement agency
203 authorized to issue such citations. Vessel owners will be provided 30 days between issuance of
204 citations. Fines associated with citations are established as follows:
205 (1) First offense: $50.00.
206 (2) Second offense: $100.00.
207 (3) Third offense: $250.00.
208 (4) Fourth or subsequent offenses: $250.00 and PAIG ,vill Fequest t#ftt t-he- ew«ef remove the ssGT
209 F. enq the m G ., ..1...., ing z one ,.k,-.,- b buffer z o
210 (b) Any person who fails to properly respond to a Uniform Boating Citation issued for a violation of this
211 article shall, in addition to the charge relating to the violation of the boating laws of this county, be
212 charged with the offense of failing to respond to such citation and upon conviction be guilty of a
213 misdemeanor of the second degree punishable as provided in F.S. § 775.082 and F.S. § 775.081
214
215 ffeeordanee with F § 923
216 (d) Allawanee shall be pfevided fef vessels in need af safe har dtie to seN weather conditions E)F
217
218 c h ef �na_
5
219 n..,d N 036 2012 i . Ofd non 0 013 I
220 Sec. 26 -105. - Exemptions.
221 The following exemptions are provided:
222 (a) Vessels equipped with only incinerating or composting toilets are not required to provide proof
223 of pumpout, as those types of toilets are not designed to be pumped out. However, effluent from
224 those toilets is not allowed to he disposed of in the waters of the no discharge zone within the
225 Florida Keys.
226 (b) Stored vessels are not required to provide proof of pumpout.
227 r n x - d. Ne. 036 - 20 , § 1 Qy Na 009 2913 I
228
229 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision
230 of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
231 judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
232 effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
233 provision immediately involved in the controversy in which such judgment or decree shall be
234 rendered.
_ 135
236 Section 3. Repeal of Inconsistent Provisions. All ordinances or pains of ordinance in conflict
237 with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance
238 herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has
239 been repealed thereby.
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Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of the
Secretary of the State of Florida and shall become effective as provided by law.
Section 5. Codification. The provisions of this ordinance shall be included and incorporated
into the Code of Ordinances of Monroe County, Florida and shall be numbered to conform with
the uniform numbering system of the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 19th day of July, 2017.
Mayor George Neugent
Mayor pro tem David Rice
Commissioner Danny Kolhage
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK
By By
Deputy Clerk
Mayor George Neugent
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
ASSISTANT COUNTY A
Date:
—"9904