Item S5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 16 April 2003
Division:
Growth Management
Bulk Item: Yes No ----X-
Department
Marine Resources
AGENDA ITEM WORDING:
A public hearing to adopt an Ordinance to revise Chapter 5.5, Boats, Docks and Waterways to reinstate a
previously codified Slow Speed, Minimum Wake Zone in Adams Waterway, Key Largo that was inadvertently
eliminated during recent Code revisions
ITEM BACKGROUND:
During revisions to Chapter 5.5, Boat, Docks and Waterways an existing regulatory zone for Adams Waterway
was inadvertently removed from the Chapter. The attached Ordinance reinstates it a regulatory zone approved
by the County and authorized by the State and U.S. Coast Guard. The lapse of authority creates a significant
concern and confuses enforcement issues in the area. Only one public hearing required.
PREVIOUS RELEVANT BOCC ACTION:
1995 - Approval ofthe Marvin D. Adams Regulatory Zone
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
NA
BUDGETED: Yes
No
COST TO COUNTY:
NA
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No ----X- AMOUNT Per Month
Year
APPROVED BY: County Atty ----X- OMB~urchasing _ Risk Management ~
/ ---',; . ,/_/ / " /
DIVISION DIRECTOR APPROVAL: ' ,11"-'-:, y.~<J ~,/ {[' C2', /-::.. _
,I Timothy McGarry, Director of Growth Man
DOCUMENTATION: Included ----X- To Follow _ Not Required
DISPOSITION:
(' -r7" ~
AGENDA ITEM NO.: ~
BC030410
03/31/038:11 AM
Marine Resources
ORDINANCE NO. 2003
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COMMISSIONERS MAKING A REVISION TO CHAPTER 5.5
MONROE COUNTY CODE (BOATS, DOCKS, AND
WATERWAYS) TO REINSTATE THE ADAMS WATERWAY
SLOW SPEED MINIMUM WAKE REGULATORY ZONE,
PROVIDING FOR SEVERABILITY, PROVIDING FOR
REPEAL OF INCONSISTENT ORDINANCE CLAUSES,
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE, PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, in order to protect the public health and safety, the Board of
County Commissioners created a boating restricted area at Adams Waterway,
adopted as part of Chapter 5.5, Boats, Docks, and Waterways; and
WHEREAS, the Adams Waterway Regulatory Zone was inadvertently
removed from the Code of Ordinances in a recent revision to the Chapter.
WHEREAS, the Adams Waterway Regulatory Zone is still in existence, but
now unenforceable as a result of the inadvertent action; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, MONROE COUNTY, FLORIDA THAT the following
revision is made to Chapter 5.5, Monroe County Code:
Section 1. Add Sec. 5.5-1 08 (b) (6) to read:
Adams Waterway: To include the entire area known as Adams Waterway, Key
Largo, leading from Blackwater Sound on Florida Bay to Largo Sound on the
ocean side of the Island of Key Largo
OrdAdamsRevSSMW030319
03/04/034:48 PM
Marine Resources
Section 2. Severability
If 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 3. 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 4. 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.
Section 5. 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.
OrdAdamsRevSSMW030319
03/04/034:48 PM
Marine Resources
PASSED AND ADOPTED by the Board of County Commissioners, Monroe
County, Florida at a regular meeting of said Board held on the --.!.6th _ day of
~ri1 _, A.D., 2003.
Mayor Dixie Spehar
Mayor Pro Tern MWT'aY Nelson
Commissioner George Neugent
Commissioner Charles McCoy
Commissioner David Rice
BOARD OF COUNIY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MA YOR/CHAIR PERSON
(SEAL )
ArrEST:
DANNY 1. KOLHAGE, CLERK.
BY:
DEPUIT CLERK
APPROVED AS TO FORM AND
~~
AITO, ticF.
OrdAdamsRnSSMWOJOJ 19
OJf04IOJ 4'48 PM
Marine Resources
Blackwater Sound
Largo Sound
C)
OrdAdamsRevSSMW030319
03/04/034:48 PM