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Item H3BOARD OF COUNTY COMMISSIONERS County of Monroe A(I Mayor George Neugent, District 2 TheOI1da Keys 4� �� m Mayor Pro Tem David Rice, District 4 l Danny L. Kolhage, District 1 „ Y „; ° W Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting August 16, 2017 Agenda Item Number: H.3 Agenda Item Summary #3130 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289-2805 11:00 A.M. AGENDA ITEM WORDING: Approval to advertise a public hearing to adopt an ordinance amending Ch. 26 of the Monroe County (County) Code of Ordinances, deleting the Idle Speed/No Wake boating restricted area for man-made waterbodies, and adding a Slow Speed/Minimum Wake boating restricted area for canals less than 75' in width from shoreline to shoreline. ITEM BACKGROUND: In response to citizen complaints of boats occasionally going too fast in canal systems, the Board of County Commissioners (Board) at its September 17, 1997 meeting adopted Ord. No.035-1997 (attached) establishing a boating restricted area providing for Idle Speed - No Wake in all residential man-made canals in the Florida Keys area of unincorporated Monroe County. The boating restricted area was permitted (as required) by the Florida Fish and Wildlife Conservation Commission (FWC), in compliance with Florida Statutes in effect at that time, and assigned Permit No. 99-042. In 2002, the Board adopted Ord. No. 031-2002 (attached), revising the initial ordinance, and providing for the boating restricted area to apply to all `man-made waterbodies' (Manmade 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) and to include all of the Keys canals with adjacent buildings. In 2016, Marine Resources staff was contacted by FWC regarding the idle speed -no wake in canals boating restricted area, and was informed that in 2009 State Statute was revised, including authority to local governments to establish boating restricted areas, which no longer includes criteria for idle speed zones in canals (rendering the current ordinance unenforceable). Currently, Florida Statute Section 327.46 (attached) provides authority to local governments to adopt an ordinance establishing a `Slow Speed -Minimum Wake' boating -restricted area if the area is `On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline to shoreline'. FWC staff has suggested that Monroe County amend its code to reflect the statutory revision. At the June 21, 2017 Board meeting the Board discussed the need to revise the General Code to provide for the boating restricted area in canals to be compliant with current statute, and considered various parameters to be included in a new ordinance. The Board directed staff to return to the Board with a request to approve advertising a Slow Speed -Minimum Wake In All Manmade Canals Less Than 75ft In Width ordinance, including parameters for the ordinance to: 1) apply throughout the waters of the Keys, including incorporated areas, 2) provide for signage at all public boat ramps, and 3) apply to all applicable canals regardless of adjacent development. Staff has provided a draft ordinance (attached) providing for Slow Speed -Minimum Wake in Canals Less Than 75' In Width From Shoreline to Shoreline for Board approval to advertise a public hearing for adoption. PREVIOUS RELEVANT BOCC ACTION: September 1997- Board approved Ord. No.35-1997 establishing an Idle Speed -No Wake boating restricted area for residential canals in unincorporated Monroe County. November 2002- Board approved Ord. No.031-2002 establishing an Idle Speed -No Wake boating restricted area for all man-made waterbodies in the Keys. June 2017- Board gave direction for staff to return to the Board with a draft ordinance providing for a Slow Speed -Minimum Wake boating restricted area for canals, which will include incorporated areas, apply regardless of development along the canals, and provide for signage at all public boat ramps. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval to advertise ordinance for the September 20, 2017 BOCC meeting. DOCUMENTATION: Ordinance No. 035-1997 Ordinance No. 031-2002 F.S. 327.46 Ordinance- Slow Speed Minimum Wake in Canals FINANCIAL IMPACT: Effective Date: N/A Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: If yes, amount: Mayte Santamaria Completed Assistant County Administrator Christine Hurley 07/31/2017 10:25 AM Peter Morris Completed Jaclyn Carnago Completed Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Pending 07/25/2017 11:05 AM Completed 07/31/2017 10:34 AM 08/01/2017 10:44 AM 08/01/2017 11:24 AM 08/01/2017 4:17 PM 08/01/2017 5:12 PM 08/16/2017 9:00 AM Marine Resources Department ORDINANCE NO.' 035 _1997 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CREATING A BOATING RESTRICTED AREA (IDLE SPEED/NO WAKE ZONE) FOR ALL RESIDENTIAL MAN-MADE CANALS IN THE FLORIDA KEYS AREA OF MONROE COUNTY EXCLUDING THE INCORPORATED MUNICIPALITIES; PROVIDING FOR POSTING; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES: AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, boat wakes in residential man-made canals create a wash that, can 'dar: i6ge boats moored at docks or canal side by causing those boats to crash against docks or tt'e canal sides; and -� WHEREAS, boats moving at speeds sufficient to generate a wake also 6.ndanger` Rersons swimming in residential man-made canals and disturb or annoy adjacent wildlife; n< vw thMerefone BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Definitions. a) "Idle speed/no wake" means that a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway. b) "Dwelling unit" means a building or connected buildings used as a residence by an individual or individuals. c) "Residential man-made canal" means an artificial waterway that: (i) has both its sides or banks in the form of a vertical rock face, seawall or rip rap; and, (ii) has any dwelling units on property adjoining the waterway. d) "Vessel" is synonymous with boat as referenced in Art. 7, Sec. 1(b), Fla. Const. (1968), and includes every description of watercraft, barge and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on the water. Section 2. Idle Speed / No Wake Boating Restricted Area Established. No person may operate a vessel at a speed in excess of idle speed/no wake in any residential man-made canal located in the Florida Keys portion of Monroe County, excluding the incorporated municipalities. A map reflecting the area affected by this ordinance is attached as Exhibit A and made a part of this ordinance. The map must also be available to the public at the Monroe County Department of Marine Resources. Section 3. Regulatory signs and Markers. Signs describing the Idle Speed / No Wake boating restricted areas set forth in Sec. 2 must be posted: (i) along U.S. Highway 1 near the Monroe County border and at least four 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 any of the residential man-made canals described in Section 2, those markers must be in accord with applicable state and federal laws and regulations. Section 4. Hold Harmless Agreement Authorized. If a permit or permits from the Division of Law Enforcement of the Department of Environmental Protection (the "Department") for any of the Idle Speed / No Wake boating restricted areas described in Sec. 2 are needed or later become necessary, the County consents and agrees to hold the Department harmless from fault with respect to any claim or 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. Section 5. Penalties. a) Any person cited for a violation of this ordinance is deemed charged with a noncriminal infraction, must be cited for such an infraction, and must be cited to appear before the county court. Citations may be issued pursuant to Sec. 327.74, Fla. Stat. (uniform boating citations) by any law enforcement agency authorized to issue such citations. The civil penalty for any such infraction is $50, except as otherwise provided in this section. b) Any person cited for an infraction under this section may: 1) Post a bond, which must be equal in amount to the applicable civil penalty; or 2) Sign and accept a citation indicating a promise to appear. The officer may indicate on the citation time and location of the scheduled hearing and must indicate the applicable civil penalty. PA c) Any person who willfully refuses to post a bond or accept and sign a summons is guilty of a misdemeanor of the second degree. d) Any person charged with a noncriminal infraction under this section may: 1) Pay the civil penalty, either by mail or in person within 10 days of the date of receiving the citation, or 2) If he has posted bond, forfeit bond by not appearing at the designated time and location. If the person cited follows either of the above procedures, he is deemed to have admitted the infraction and to have waived his right to a hearing on the issue of commission of the infraction. Such admission may not be used as evidence in any other proceedings. e) Any person electing to appear before the county court, or who is required to appear, is deemed to have waived the limitations on the civil penalty specified in subsection (a). The county court, after a hearing, must make a determination as to whether an infraction has been committed. If the commission of an infraction is proved, the county court may impose a civil penalty not to exceed $500. f) At a hearing under this chapter the commission of a charged infraction must be proved beyond a reasonable doubt. g) If a person is found by the county court to have committed an infraction, he may appeal that finding to the circuit court. Section 6. Exemption. This ordinance does not apply in the case of an emergency or to patrol or rescue craft. Section 7. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance is not affected by that invalidity. Section 8. All ordinances or parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict. Section 9 The provisions of this Ordinance must be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment to the Code, and must be appropriately renumbered to conform to the uniform numbering system of the Code. E Section 10. A copy of this Ordinance must be filed with the Secretary of State, State of Florida, but will not take effect until the Idle Speed/No Wake boating restricted area is approved by the necessary state and federal agencies. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 17th day of September , 1997. Mayor Douglass Mayor Pro Tern London Commissioner Harvey Commissioner Freeman Commissioner Reich ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk ordl nowakel yes yes no yes yes BOARD OF COUNTY COMMISSIONERS OF MON OE UNTY, FL IDA By Ma or/Chairm APPROVED AS TO FO AND L SUF Y BY ROB R T N. WO ODATE - 2 r Exhibit A � '4 '�. N., �'►, 1 0 Florida Keys Portion of Monroe County No person may operate a vessel at a speed in excess of id speed/no' wake in any residential man-made canal located in tf Florida Keys portion of Monroe County, excluding the incorporate municipalities of Key West, Key Colony Beach, and Layton. s G � W s 300111annp 1. Rotjage BRANCH OFFICE CLERK OF THA CIRCUIT COURT 3117 OVERSEAS HIGHWAY MONROE COUNTY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 FAX (305) 289-1745 TEL. (305) 292-3550 FAX (305) 295-3660 a October 7, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Lis Cloud, Chief Bureau of Administrative Code and Laws The Elliott Building 401 South Monroe Street Tallahassee, FL 32399-02SO Dear Mrs. Cloud: BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL (305) 852-7145 FAX (305) 852-7146 Enclosed please find certified copies of Ordinance Nos. 034- 1997 and 035-1997, which are self-explanatory. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on September 17, 1997. Please file for record. Danny L. Rolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By: Isabel C. DeSantis .1 L..1- I C . ta". Deputy Clerk cc: Municipal Code Corporation Board of County Commissioners Marine Resources Department, Reso. 1035-1997 Public Works Director, Reso. ,#034-1997 Sheriff Richard D. Roth, Reso. 1034-1997 County Administrator County Attorney ✓File DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Office uf-lnternationdl Relations Division of Administrative Services Division of Corporations Division of Cultural Affairs Di\ ision of Election, Division of I listorical Resources Division of Libras and Information Services isio" of Licensing FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS October 14, 1997 Honorable Danny L. Kolhage Clerk to Board of County Commissioners Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: H.3.a MEMBER OF THE FLORID Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic Tampa/Hillsborough County Preservation Board Ringling Museum of Art Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter dated October 7, 1997, and certified copy each of Monroe County Ordinance Nos. 97-34 and 97-35, which were filed in this office on October 13, 1997. Sincerely, U)te,—) uz,(-x Liz Clou , Chief Bureau of Administrative Code LC/mw BUREAU OF ADMINISTRATIVE CODE The Elliot Building • 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (904) 488-8427 FAX: (904) 488-7869 • WWW Address http://www.dos.state.fl.us • E-Mail: election@tnail.dos.st packet Pg. 929 t nunitirHL LUui t,Uk:rukHllUN tr3s.�/ _JK , ,. .tt=_tomer ,ervlce4 •�PH,ys;•4�,/``�.T-�-- •c ru bo'; .� V tft . �� u.J.PGS IAG,c , Q OCT 1317 m q: :, la;tana =ee. rt 3tla �tS� , O 'auppiefaent b I LA• 1+Kc P.B.as�zia� we nave received the folloVtng �aterta}. trf., �, inanit yi�U 101 vOUt e551?tantE'no COv �'ei a t l_•fi. urdinance NOS. U34-11ji and U3o'ly�i. ,�� x A CU IU: Mr. Danny t. IKoinage I f the circuit Court t ` Ott ..1Frk o i T 'e4 i; ttiis t Monroe County, tl. ,5 ' Abu Wnitehead Street I to01, iie,; West, Fi. 1-bVU-2oL-Luilt lNational! t'LEHSt btND ►UUK Uki!iNWNut. 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Addressee's Address (Only it requested ; as and lee is paid) _ 6. ature: (A d ge ~ PS Form 3811, December 1994 Domestic Return Receipt f`+ Racket Pg.930 PROOF OF PUBLICATION .f THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) Tom Schumaker Before the undersigned authority personally appeared___who on oath, says that he/ W is Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATI f, in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice of Intention to CL Consider Adoption of County Ordinance — No Wake Zone in IN THE MATTER OF: Court was published in said newspaper in the issue: --------N�---_�—�_ August 30, SEptember 6, 1997 tM ----------------------------------- as Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper no.z6a9600 ' at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE paper has heretofore been continuously published in said MONROE COUN- NOTICEiS HERESY GIVEN TO WHOM MAY CL TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been IT CONCERN that 997 at 11: a.m. atltl Mar- entered as second class mail matter at the post office in MARATHON, in athon Government Center, 2798Overseas Highway, Mara qy 0 said MONROE COUNTY, FLORIDA, fora period of one year next preceding P Y P g thon, Monroe County, Florida, ro the Board f Cdlatty ty,- Flori- e ends toe oyfaert 0 the first publication of the attached copy of advertisement; and affiant fur- da, i c e aadoPto�ofthe foMaNingCoun- ther says that he has neither paid nor promised any person, firm, or corpo- ty ordinance: Aft ORDINANCE OF THE > ration any discount, rebate, commission or refund for the purpose of secur- BOARD OF COUNTY COMMIS - SIGNERS OF MONROE COUN- TY, FLORIDA, CREATING,, A ing this advertisement for publication in the said newspaper. (SEAL) BOATING RESTRICTED AREA ODLESPEEO/NO WAKE ZONE) FOR AI-:1 APS111FNT1A1 MAN- �•• MARY LOU SOLLBERQER / Notary PUDIio, State of Fiod0a (seal) • = My comm. expires 8114100 Bonded By Service his. No. CCSSW77 panaldf Knmm I 1 DIDer I.D. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY O L September 8th A.D. 19 97 DA KEYS AREA OF COUNTY EXCLUDING CORPORATED MUD TIES PROVIDING FOI ING; PROVIDING FOR TIES FOR VIOLATION OF Pursuant to Section 286.0105, s: Florida Statutes, notice is given that if a person decided to ap peal why decision made by the roard with respect to any mat- ter considered at such hearings d3 or m he will needs re- � cord of oppdir�s and that, for such purer pose, he mey need to ensure that a verbatim record of the proceedinrpgs is made, which record includes the testimony and evidence upon which the appeal is to be based. Copres of the above -referenced ordinance are available for re- view at the various public librar- ies in Monroe County, Florida. Dated at Key West, Florida, this 21 st day of August, 1997. DANNY L KOLHAGE, Clerk of the Circuit Court and ex officto Clerk of the Board of County Commissioners of Monroe County, Florida Publish A 6, 1997. Packet 931 Florida Ke ,Pg. H.3.a Published Daily Key West, Monroe County, rioritla 33040 STATE OF FLORIDA COUNTY OF MONROE.- Before (he undersigned authority personally appeared handy G. Erickson, who on oa says that he is Advertising Manager of the Key Wes( CI(I .en, a daily newspaper publislic at Key West in Monroe County, Florida; that (fie a((,-)ched copy of (he advertisemen(, bein a legal notice in the mattee. r of bq%V'C itl�' Ate' -- in (he nice court, was published in said newspaper in Ili, issues of Affian( further says that -the said The Key West Citizen is a newspaper published at Ke} West, in said Monroe County, Florida, and that the said newspaper' has heretofore beer continuously published in said Monroe County, Florida, each day (except Saturdays and specified holidays) and has been entered as second-class mail mattdrat lhe�pos -office in Key West, in said Monroe County, Florida, for a period of 1 year neXCprece-ding :the firs( publication of the attached copy of advertisement; and affiant further says'thkfie Mas nei- ther paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said news- paper. Sworn to and subv,-nl)od before me llir ; "% r._xpire s-J,,07-2O Personally Knowrl or Produced Idonllflcallorl lypv of IcJc nlillc,;rllc�n ('icxluc:c c1 (Signa(ure of Affian() R a� X_ (Signature o No(a(y Public) (Nance of Notary PUQUO Teresa Gayle DarNnq _* .= MY COMMISSION N CC585942 EXPIRES "^ a= September 17, 2000 BONDED THRU TROY FAIN INSURANCE INC. Packet Pg. 932 H.3.a NonCE OF INTENTION TO CON- as SIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HERESY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, September 17th, 1997 at 10:00' AM, at the Marathon Gov- emment Center, 2798 Overseas day, HfunyoFlori cs ,thee Board oCotCorn — missioners of Monroe County, Flor- Ida, Intends to consider the adoption as W of the following County ordinance. CL AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CREATING A BOATING RE- ' STRICTED AREA (IDLE SPEED/No WAKE ZONE) FOR ALL RESIDEN- tM TIAL MAN-MADE CANALS IN THE FLORIDA KEYS AREA OF MON- ROE COUNTY EXCLUDING THE INCORPORATED MUNICIPALI- TIES; PROVING FOR POSTING; PROVIDING FOR VENALITIES FOR _ 73 VIOLATIONS, PROVING FOR SEV- CL ERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH PROVID- ING FOR INCOROPATION INTO THE MONROE COUNTY CODE OF > ORDINANCES; AND PROVING FOR AN EFFECTIVE DATE.Pursuant to Section 286.0105, ;Florida Statutes, notice is given that is a person de- cided to appeal any decision made by the Board with respect to any mat- CL CL ter considered at such hearings or meetings, he will need a record of the Proceedings, and that, for such pur- pose, he may need to ensure that a verbatim record of the proceedings is LO made, which record includes the tes- timony and evidence upon which the CD appeal is to be based. Copies of the above -referenced ordi- nance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Florida, this 21st — day of August, 1997. DANNY L. KOLHAGE Clerk of the Circuit Court and ex-ofHcio Clerk of the Board of County Commissioners of Monroe as CountyFlorida August 29th & September 5th 1997 °� H.3.a Published Daily I(cy West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE.- Before the undersigned aulhon(y personally appeared Bandy G. Erickson, who on o< says that he is Adv6rtising Manager of the Key \Arcs( Ciwcn; a daily newspaper publish, al Key Wes( in f\401"-Oe County, Florida; Ilia[ Me all.ached copy of the advertisement, beil a legal notice in the mailer of iyy �? i'C� v �r��te►n i'o r. l �>�.c'h5 �. in the court, was published in said newspaper in t- issues of __ I)c,ca ,,QL ' 14 4� Affiant further says that- the said The Key West Citizen is a newspaper published at Ke, West, in said Monroe County, Florida, and that the said newspaper has heretofore beer continuously published in said Monroe County, Florida, each day (except Saturdays an( specified holidays) and has been entered as second-class mail matter a( the post office it Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affian( further says that he has nei- ther paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said news- paper. N Sworn to and sul).,(;r11)r'd before me Ilia, _-_ % day of 1'ersun<)Ily Kruw�rl Of I'roduc;r d (dc n(Iflc;�ll<)rl 1 yl)c' of Icl� nlrlrr-:flr�rrl ('r�)<Jru:r �! (Signature of A(fianl) - Si na(ure of tV�rY Public ( 9 ) (Nartie of No(ary f'ul?tic) Teresa Gayle Daring • MY COMMISSION 0 00585942 EXPIRE: X •,•Qr September 17, 2000 BONDED TWU TROY FAIN INSWANCE, INC- NOTICE OF INTENTION TO CON- SIbER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, -teptember 17th, 1997 at 10100 AM, at the Marathon Gov- ernment Center, 2798 Overseas Highway, Marathon, Monroe County, Florida, the Board of County Com- missioners of Monroe County, Flor- ida, intends to consider the adoption of the following County ordinance. AN ORDINANCE OF THE BOARD IANTI �tOMMISSIONERS OF MONAOE COUNTY, FLORIDA, CREATING A BOATING RE- STRICTED AREA (IDLE SPEED/NO WAKE ZONE) FOR ALL RESIDEW TIAL MAN-MADE CANALS IN THE FLORIDA KEYS AREA OF MON- ROE COUNTY EXCLUDING THE INCORPORATED MUNICIPALI- TIES; PROVING FOR POSTING, PROVIDING FOR VENALITIES FOR. VIOLATIONS; PROVING FOR SEV- ERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH PROVID- ING FOR INCOROPATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVING FOR AN EFFECTIVE DATE.Pursuant to Section 286.0105, Florida Statutes, notice Is given that Is a person de- cided to appeal any decision made by the BoardwIth respect to any mat- ter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such pur- pose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the tes- timony and evidence upon which the appeal is to be based. COP168 of the above -referenced ordi- nance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Florida, this 21 st day of August, 1997. DANNY L. KOLHAGE Clerk of the Circuit Court and ex-officio Clerk of the Board of County Commissioners of Monroe County, Florida August 29th & September 5th, 1997 Serving the Florida Keys P.O. Box 1197 • Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8249 STATEMENT OF PROOF OF PUBLICATION USPS #905580 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared NANCY J. THOMPSON, who on oath, says that she is ADVERTISING EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad. IN THE MATTER OF NOTICE OF INTENTION IN THE Court, was published in said newspaper in the issues of 8128197 and 9/4/97. Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS 4th DAY OF SEPTEMBER A.D. , 1997 NOTARY PUBLIC OFFICIAL NOTARY SEAL (, O� PaY P&e�i KAREN E CUSHMAN MY COMMISSION EXPIRES: -CC RC5 CC047920 MY COMMISSION EXPIRES OF FVO AUG. 29,1998 H.3.a rrancE of VgTV r ON To CONSWM NOTKEIS HEREBYGIVENTO WHOM ITMAYCONCERNthat on Wednesday, September 17, 1997, at 10 00 A.M. at the Marathon Government Center, 2799 Overseas Highway, Marathon, Monroe Coun- ty, Florida, the Board of Gouuty Commissioners of Monroe County, Florida„ intends to consider the adoption of the following County ordi- nance: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, CREATING A BOAT- ING RESTRICTED AREA (IDLE SPEED/NO WAKE ZONE) FOR ALL RESIDENTIAL MAN-MADECANALS IN THEFLORIDA KEYS AREA OF MONROE COUNTY EXCLUDING THE INCORPORATED MU- NICIPALITIES; PROVIDING FOR POSTING; PROVIDING FOR PEN- ALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABII.TTY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MON- ROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. pursnaut to Section 296.0105, Florida Statutes, notice is given that if aperson decided to appeal any decision made by the Board with respect to any matter considered at such hearing or meeting; he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings. is Made, which record includes the testimony and evidence upon which the appeal is to be based., Copies of the above -referenced ordinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key Weal, Florida, this 21st day of August, 1997. DANNY L. KOLHAGE Clerk of the Circuit Court and ex offreio Cleik of the Board of County Commissioners of Monroe County, Florida Publidwd:SM and 9/4/97 The Reporter Tavernier, FL 33070 Cie 1 Serving the Florida Keys P.O. Box 1197 • Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8249 STATEMENT OF PROOF OF PUBLICATION USPS #905580 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared NANCY J. THOMPSON, who on oath, says that she is ADVERTISING EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad. IN THE MATTER OF NOTICE OF INTENTION IN THE Court, was published in said newspaper in the issues of 8/28/97 and 9/4/97. Afiiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS 4th DAY OF SEPTEMBER A.D. , 1997 L � (. n 4 7 NOTARY PUBLIC Ry p OFFICIAL NOTARY SEAL MY COMMISSION EXPIRES: �P Uee KAREN E CUSHMAN R N, Q CC647920 MY comLI.SSION EXPIfE:S `�OF FVO AUG. 29,1998 I CE OIr unwell" TO CONSWIM NancF,IS HEREBYGTVENTOWHOM ITMAYCONCERNdW on "Wednesday, September 17, 1994, at 101;W A.M. at the Marathon Govaumeat Center, 279E Overseas highway, Marathon, Monroe Coun- ty, Florida the Board of County Commissioners of Mooroe County, Florida intends to oaosider the ""option of the following County ordi- nance: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY; FLORIDA. CREATING A BOAT - INGRESTRICTED AREA MU SpFBD/NO WAKE ZONE)FORALL RESMCNITAL MAN-MADECANALS INTHEFIARiDA KEYS AREA. OF MONROE COUNTY EXCLUDING THE INCORPORATED MU- NICIPALMES; PROVIDINGFORPOSTING; PROVIDING FORPEN- ALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OFALL ORDINANCES INCONSISTENT HEREwrm; PROVIDING FOR INCORPORATION INTO THE MON- ROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Pursuant to Sectioa286.0105, Flarida'Statutea, notice is given that if aperson decided to appeal any decinc a made by the Board widr respect to, any ratter considered at such hearing or twain, he will need a record of the prooeedings; and that, for such purpose, be may need to ensure that a verbatim moord of the proceediRP is, made, which record indWes1be testimony and evidence upon which the appW a to be based. Copies of the above-rdemncedatdua m.aresvatilablefotreviewat the various public libraries in Monroe City, Florida. DATED at Key Weat, Florida, this 21st day of August- 1997: DANNYL.KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Published:&W and 9141W TheeRepor er Tavernier, FL 33070 Marine Resources ORDINANCE NO. 031 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 IV, utilizing and/or reserving Sections 5.5-76 — 5.5-105. Section 5. Insert a new Article 1 to read: Article I. Definitions pertinent to chapter 5.5 See.5.5-1: Definitions: (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. Document4 11/05/02 11:57 AM Marine Resources (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 instance a channel or canal may have used to create land on one side, but shoreline on the opposite side. water bodies may have natural components, for been dredged such that the dredge material was not the other, thus leaving a relatively natural (2) Also for the purposes of this chapter, the man-made water body must have "Buildings, " as defined in Chapter 9.5-4 (13-9), 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 defined 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, U, and III shall be defined 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. (j) 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. DocumenO 11/05/02 11:57 AM Marine Resources (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 term 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 performance of an obligation, but the term excludes a lessee under a lease not intended as security. (m) Person means an individual, partnership, firm, corporation, association, or other entity, but does not include an individual on board a public vessel or the owner of a public vessel. (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. (o) 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: (1) Operating on a plane; (2) In the process of coming off plane and settling into the water or coming up onto a plane; or (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 VII, section 1(b), Florida Constitution (1968), 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 normally require wastewater facilities. Such occupation, be it residential or commercial in nature, could involve either long term or short term 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 defined in this chapter and exist in a marina, marine facility, mooring field or other location within or on waters of this state as defined in this chapter. DocumenO 11/05/02 11:57 AM Marine Resources 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 define areas that have or may have vessel restricted zones. These zones can be Idle Speed/No Wake areas, Slow Speed/Minimum Wake areas, motorboat restricted areas, or areas in which vessel is restricted amongst other forms of restriction to boat size, speed, or activity. Sec.5.5-107: Definitions (a) Definitions 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 defined as "Idle Speed/No Wake Zones" at a speed in excess of idle speed/no wake as defined 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 and 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. 6. Document4 11/05/02 11:57 AM Marine Resources (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 Atlantic/Hawk's Channel, the eastern section of Dove Creek to the western end of Dove Creek subdivision and including the Dove Creek subdivision residential canal. (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 defined 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 ATON number 1. (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 1 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 defined 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. Document4 11/05/02 11:57 AM Marine Resources (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 1 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 defined 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: Hold 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 DocumenO 11/05/02 11:57 AM Marine Resources (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 he/she 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 his/her 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 finding 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: Secs. 5.5-114 — 5.5-135 - Reserved Section 5. 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 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. Document4 11/05/02 11:57 AM Marine Resources 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 2& day of November—, A.D., 2002. Commissioner McCoy Commissioner Nelson Commissioner Neugent Commissioner Rice hJ CO N U - ii =.P.1 C� C.)34 Le O O ) LU ! s cam,, yes yes yes yP-S es BOARD OF COUNTY COMMISSIONERS OF M NNROE CO TY, FLORIDA By _ — Mayor h erson APPROVED AS TFORM A GA - Cy. ROBERT DATE DocumenO 11/05/02 11:57 AM U.S. Postal Service,. I CERTIFIED MAILTM RECEIPT " (Domestic Mail Only; No Insurance Coverage Provide For delivery information visit our website at www.M usps.com� ru Postage Certified Fee 1:3 Return Reciept Fee E3 M Restricted Delivery Fee (Endorsement Required) N. PS Form 3800, June 2002 See Reverse for Instru N a) o 'ON 03ueulPJO:4u9wq3e44V ❑ c El r ❑ a _J _E O N _ N U N �. E o N Tfw w¢o x ❑ ❑ ❑ W Ocvj a Dn -a (1) �, c > 'U. > C-D,. LU co Q X 00 L; N Q E E we 0 0U 'u�Y >'(D m0 v c° .- Q nl ° "�"p r O 3 p C� (n c>1-0,c M P •:N c.>-bL4 c •- m -o E r m -� O Q c m cu y. w N i N -p '- E o 0 E0 -y N C U U 2 L N _LL V m •(Q 0 3 y y ''nn Q b V 4) E0 a) E Z oc 'i O« i U�d v�Q o r vo N cl- `o .0 o .A r 16 O z O a� O v � O d m O rU N E r Ci 0 N FLORIPA 1iET3 2OIlt>tIDEp KEYNOE NOTICEOi iNTENTWW OC ADQIPTION OF COUNTY ORDINANCE 4 Weekly Published Twice Meekly Marathon, Monroe County, Florida PROOF OF PUBLICATION NOTICE 13 HEREBY GIVEN Tt WHOM IT MAY CONCERN the on, Wednesday, November 2C 2002 at 3:00 PM at the Ke Largo Library, Trad@Wind Shopping Center, Key Larggc Monroe County, Florida, thl esao`Mo County commission intends to consider the adop tioh of the following County or dinance: AT T I� STATE E OF FLORIDA COUNTY OF MONROE RAN ORO ORDINANCE OF THE MON E ".COUNTY BOARD OI COMMISSIONERS MAKJN( MINOR REVISIONS FOR CON g ty person- Before the undersigned authority CONCERNING REGULATORY ZONES IN CHAPTER 5.5 MON- ally appeared WAYNE MARKHAM who on ROE COUNTY CODE (BOATS, DOCKS, AND WATERWAYS); oath, says that he is PUBLISHER of the PROVIDING FOR SEVERABILI- TY; PROVIDING FOR THE RE- FLORIDA KEYS KEYNOTER, a twice IN- CO S S ENTLOF ALLORDI HEREWITH; weekly newspaper published in Marathon, PROVIDING FOR INCORPORA- T T E in Monroe County, Florida: that the CTION OUNTY OF.ONRD£ NANCES;ANDTE PROVIDING AN EFFEattached copy of advertisement was Pursuant to Section 286.0105, published in said news a er in the issues p p Florida Statutes, notice is given that if a persori decides to ap- of: (date(s) of publication) peal eny decision maderby the oerd wkh.respect to a mpt. ter considered at the h he wdl aep , end cord of t�pfp c3adIn�b��sse endNtat ft4 r '=t si verkf6thnt n tfi 7 e ce up , n made, which re cord includes the testimony and evidence evidence upon which the appeal r is to be based. Copies of the above -referenced Affiant further says that the said FLORIDAordinance are available for re- view at the various public librar- KEYS KEYNOTER is a newspaper published Continued In the at Marathon, in said Monroe County, Next Column Florida, and that the said newspaper has Dated atKey'est,- Florida, this heretofore been continuously published in 18thdayofctober,2002. said Monroe County, wice each Florida,r DANNYL.KOLHAGE'I Clerk of the Circuit Court and ex week (on Wednesday and Saturday)and gCcMuncrZC:m the Board of .County Commissioners of has been. entered as a second class mail MonroeCounty,Florida matter at the post office in Marathon, in Publish October 26, November 2, 2002, Monroe County, Florida, for a period of Florida Keys Keynoter one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporat;on. any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. Sworn to nd bscribed before me t h i ay f 2002 (SEAL) 6of Ft0 BEVERLY TRAEGER T �' MY Cantu Exp. 9J13/2008 ?i-` MMJC ' No. CC 970942 N to ry Ivf/ NnianMt V.. i I Oew I.D. D.3 /- AOoa. r•a t F z M C- 7-1 D O Cn d THE '' Your Upper Keys Connection PORTER P.O. Box 1197 • Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8240 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared JACKLYN R. HARDER who on oath, says that she is ASSOCIATE PUBLISHERIEDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being LEGAL NOTICE in said newspaper in the issue of: October 25 th and November 1 st 2002 Affiant further says that THE REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper and that The Reporter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisemelnts. 5w r a u scrwea perore me 7th �L oar ems, ti c MOTARY cE MY Comm E&-p. 12JIW3 (SE �,v��;,��,tcnsalW F�PlF.on 'sp Kn— f ? Other 1.i). Ad# 7506000 Adopt Ordinance Boat Docks NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY CAI _ o WHOM IT MAY CONCERN that on Wednesday, November 20, 2002 at 3:00 PM at the Key Largo Library, Tradewinds Shopping Center, Key Largo, Mon- roe County, Florida, the Board of County Com- missioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COMMISSIONERS MAKING MINOR REVI- SIONS FOR CONSIS- TENCY; ADDING A DEFINITION ARTICLE; CONSOLIDATING NU- MEROUS ARTICLES CONCERNING REGU- LATORY ZONES IN CHAPTER 5.5 MON- ROE COUNTY CODE (BOATS, DOCKS, AND WATERWAYS); PRO- VIDING FOR SEVERA- BILITY; PROVIDING FORTHE REPEAL OF ALL ORDINANCES IN- CONSISTENT HERE- WITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF OR- DINANCES; AND PRO- VIDING AN EFFECTIVE DATE Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at the hear- ing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above -ref- erenced ordinance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Florida, this 18th day of October, 2002. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publish: 10/25/02 & 11 /01 /02 The Reporter Tavernier, FL 33070 03 /- aooa ter 7M FbifAs Kris OrMY �� NwreD�Pe .Est 1870 Cooke Communications, LLC Florida Keys Joy Thomas Advertising Coordinator Po BOX 1800 Key West F133041 Office .......... 306-292am Extension.................X219 Fax . ............305-294-0768 ithomesakeysnews.com WWRNET PUBLISHING keywestoom keysnews.com 8oddakeys.com key-west.cam Web Design Services NEWSPAPERS The Citizen SoiMre most Flyer Solares Hill Big Pins Free Press Maraawn Free Press lalamorada Free Press Key Largo Free Press Down Rear Press Seaport Log MAGAZINE The Menu Citizen Lccars Guide Paradise Keys TV Channel Guide MARKETING SERVICES Commercial Printing Citizen Locals Card Died Mail FLORIDA KEYS OFFICES Printing ! Main Facility 3420 NoMside Drive Key~ FL 33040-1800 Tel 305-292-7777 Fax 305-29"768 citmenakeywest.com Int)smet Division 1201 While street (Suite 103) Key Wast, FL 330W-3328 Tel 305-292-1880 Fax 305-294-1699 sales@keywestcom Middle Keys Office 6363 Overseas Hwy Marathon, FL (MM 52.5) 33050-3342 Tel 305-743-8766 Fax 305-743-9977 nevigator@0ondakeys.com Upper Keys Office 81549 old Hwy PO Box 469 lalarnors da, FL (MM81.5) 33036-0469 Tel 305-664-2266 Fax 3054WA-6411 fin—v essiltnoridekeys. com Ocean Reef Office 3A Barracuda Lane Key Largo, FL 33037 Tel 305-3674911 Fax 305-W7-2191 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice -President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; thattheattached copy of advertisement, being a legal notice in the matter of ;?rXA 4) In the Court, was published in said newspaper in the issues of Q2er.e-e w ao cl- a', a o o a Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next:preceding the first publication of -the attached copy of advertisement;. and a€fiant further :says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing, this advertisement for publication in the said newspaper. Signature of Affiant Sworn and subscribed before me this 6' day of 0,e� 2002 ru CD C`1 �' J4 Thomas, Notary Pub CD 1 C- c-n Expires: July 23, 2004 Noj� Meal q C7 Personally Known x Produced Identification Type of Identification Produced V17,lUtfi AOn COUNTY O DINANNE P NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, November 20, 2002 at 3:00 PM at the Key Largo Library, Tradewinds Shopping Center, Key Largo, Monroe County, Florida, the Board of County Commissioners of _ e> Monroe County, Florida, intends to consider the adoption of the follow- as ing County ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COMMIS- �- SIONERS MAKING MINOR REVI- SIONS FOR CONSISTENCY; ADD - tM ING A DEFINITION ARTICLE; CON- SOLIDATING NUMEROUS ARTI. CLES CONCERNING REGULATO- RY ZONES IN CHAPTER 5.5 MON- ROE COUNTY CODE (BOATS, DOCKS, AND PROVIDING OR EVE RADILI)TY; PROVIDING FOR THE REPEAL OF CL as ALL ORDINANCES INCONSIS. TENT HEREWITH; PROVIDING if FOR INCORPORATION INTO THE y MONROE COUNTY CODE OF OR- DINANCES; AND PROVIDING AN EFFECTIVE DATE Pursuant to Section 286.0105, Flori- da Statutes, notice is given that if a Person decides to appeal any deci- sion made by the Board wtthjespect CL CL to any matter considered at the hear- I' ing, he will need a record of the pro- ceedings, and that, for such purpose, CD he may need to ensure that a verba CD tim record of the proceedings is made, which record includes the tes- timony and evidence upon which the CD appeal is to be based. Copies of the above -referenced ordi- nance are available for review at the various public libraries in Monroe County, Florida. — Dated at. Key West, Florida, this 18th �- day of October, 2002. DANNY L. KOLHAGE, Clerk of the as Circuit Court and ex officio Clerk of the Board of County Commissioners Of Monroe County, Florida October 20 & 27, 2002 - -a- - -- - Municipal Code Corporation info@mal._mun.icade com. P.O. Box 2235 Tallahassee, FL 32316-2235 Monroe County, FL Code of Ordinances - 1979(11270) Supplement 79 Recorded: 1211912002 11:26:02 AM We have received the following material through Hard Copy . This is our new acknowledgement format. You will no longer be receiving post cards for ordinances received. If you have any questions please contact us at the phone number or email address listed below. Thank you for your assistance and cooperation. Docunie.nt Adoption Description Ordinance No. 11/20/2002 Amending Chap. 13.5, deleting provisions regarding parking at Sunset 028-2002 Point Park. Ordinance No. 11/20/2002 Amending Art.I, concerning county designated regional parks. 029-2002 Ordinance No. 11/20/2002 Concerning water and irrigation conservation which would limit the 030-2002 use of water of landscaping. Ordinance No. 11/20/2002 Making minor revisions for consistency, adding a definition article, 031-2002 and consolidating numerous articles concerning regulatory zones in lChap.55. Tired of receiving your acknowledgements by mail? Send us your email address at info@mall.mun_icodecom_. Get our 50th anniversary cookbook at www.municode.com You can submit your ordinances via email to ords@mail.municode.com. Should you have questions please contact us. Are you tired of mailing out codes and supplements? Tired of printing additional copies of codes? Let Municipal Code handle the distribution and sales. Contact the distribution department at: dirt@maii.municode.com C) CD rTl c-') C7 Oc-� r N 1 Q1 CD ti r C O 71J C-M p http://intranet.municode.con BISIRecording/acknowledgePrint.asp?jobid=3881&print=tr... DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Office of International Relations Division of Elections Division of Corporations Division of Cultural Affairs Division of Historical Resources Division of Library and Information Services Division of Licensing Division of Administrative Services FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS December 17, 2002 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Pam Hancock, Deputy Clerk Dear Mr. Kolhage: MEMBER OF THE FLORIDA CABINET State Board of Education Trustees of the Internal Improvement Trust Func Administration Commissior Florida Land and Water Adjudicatory Commissior Siting Boarc Division of Bond Finance Department of Revenue Department of Law Enforcement Department of Highway Safety and Motor Vehicles Department of Veterans' Affairs Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated December 10, 2002 and certified copies of Monroe County Ordinance Nos. 030-2002 and 031-2002, which were filed in this office on December 16, 2002. LC/mp Sincerely, 22 Liz�Chie f Bureau of Administrative Code CD Z: X _ CD t— rM rat c� r, t C7) ten" C) -=1 :X� a 171 ram- C-) = `� C7 D V f;:0 Lo C7 BUREAU OF ADMINISTRATIVE CODE The Collins Building • 107 West Gaines Street • Tallahassee, Florida 32399-0250 • (850) 245-6270 FAX: (850) 245-6282 9 WWW Address: http://www.dos.state.fl.us 9 E-Mail: election@mail. dos. statefl.us The 2016 Florida Statutes Title VESSELS VESSEL SAFETY 327.46 Boating -restricted areas.— (1) Boating -restricted areas, including, but not limited to, restrictions of vessel speeds and vessel traffic, may be established on the waters of this state for any purpose necessary to protect the safety of the public if such restrictions are necessary based on boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards. (a) The commission may establish boating -restricted areas by rule pursuant to chapter 120. (b) Municipalities and counties have the authority to establish the following boating - restricted areas by ordinance: 1. An ordinance establishing an idle speed, no wake boating -restricted area, if the area is: a. Within 500 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways more than 300 feet in width or within 300 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways not exceeding 300 feet in width. b. Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor fuel to the general boating public on waterways more than 300 feet in width or within 300 feet of the fuel pumps or dispensers at any licensed terminal facility that sells motor fuel to the general boating public on waterways not exceeding 300 feet in width. c. Inside or within 300 feet of any lock structure. 2. An ordinance establishing a slow speed, minimum wake boating -restricted area if the area is: a. Within 300 feet of any bridge fender system. b. Within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet. c. On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline to shoreline. d. On a lake or pond of less than 10 acres in total surface area. 3. An ordinance establishing a vessel -exclusion zone if the area is: a. Designated as a public bathing beach or swim area. b. Within 300 feet of a dam, spillway, or flood control structure. (c) Municipalities and counties have the authority to establish by ordinance the following other boating -restricted areas: 1. An ordinance establishing an idle speed, no wake boating -restricted area, if the area is within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway. 2. An ordinance establishing a slow speed, minimum wake, or numerical speed limit boating -restricted area if the area is: a. Within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway. b. Subject to unsafe levels of vessel traffic congestion. c. Subject to hazardous water levels or currents, or containing other navigational hazards. d. An area that accident reports, uniform boating citations, vessel traffic studies, or other creditable data demonstrate to present a significant risk of collision or a significant threat to boating safety. 3. An ordinance establishing a vessel -exclusion zone if the area is reserved exclusively: a. As a canoe trail or otherwise limited to vessels under oars or under sail. b. For a particular activity and user group separation must be imposed to protect the safety of those participating in such activity. Any of the ordinances adopted pursuant to this paragraph shall not take effect until the commission has reviewed the ordinance and determined by substantial competent evidence that the ordinance is necessary to protect public safety pursuant to this paragraph. Any application for approval of an ordinance shall be reviewed and acted upon within 90 days after receipt of a completed application. Within 30 days after a municipality or county submits an application for approval to the commission, the commission shall advise the municipality or county as to what information, if any, is needed to deem the application complete. An application shall be considered complete upon receipt of all requested information and correction of any error or omission for which the applicant was timely notified or when the time for such notification has expired. The commission's action on the application shall be subject to review under chapter 120. The commission shall initiate rulemaking no later than January 1, 2010, to provide criteria and procedures for reviewing applications and procedures for providing for public notice and participation pursuant to this paragraph. (2) Each such boating -restricted area shall be developed in consultation and coordination with the governing body of the county or municipality in which the boating -restricted area is located and, when the boating -restricted area is to be on the navigable waters of the United States, with the United States Coast Guard and the United States Army Corps of Engineers. (3) It is unlawful for any person to operate a vessel in a prohibited manner or to carry on any prohibited activity, as defined in this chapter, within a boating -restricted area which has been clearly marked by regulatory markers as authorized under this chapter. (4) Restrictions in a boating -restricted area established pursuant to this section shall not apply in the case of an emergency or to a law enforcement, firefighting, or rescue vessel owned or operated by a governmental entity. History.—s. 7, ch. 63-105; s. 1, ch. 65-361; ss. 25, 35, ch. 69-106; s. 23, ch. 78-95; s. 7, ch. 81-100; s. 27, ch. 99-245; s. 16, ch. 2000-362; s. 13, ch. 2009-86. Note. —Former s. 371.522. 1 2 3 4 5," 6 7 8 9 ORDINANCE NO. - 2017 10 11 12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 13 COUNTY COMMISSIONERS, AMENDING CHAPTER 26 14 OF THE MONROE COUNTY CODE OF ORDINANCES; 15 DELETING THE BOATING RESTRICTED AREA (IDLE 16 SPEED/NO WAKE ZONE) FOR ALL MANMADE 17 WATERBODIES; ESTABLISHING A BOATING 18 RESTRICTED AREA (SLOW SPEED/1VIINIMUM WAKE 19 ZONE) FOR ALL MAN-MADE CANALS LESS THAN 20 SEVENTY-FIVE FEET IN WIDTH; PROVIDING FOR 21 SEVERABILITY; PROVIDING FOR REPEAL OF 22 INCONSISTENT PROVISIONS; PROVIDING FOR FILING 23 AND AN EFFECTIVE DATE; PROVIDNG FOR 24 CODIFICATION. 25 26 27 WHEREAS, the Monroe County Board of County Commissioners adopted 28 Ordinance No.035-1997 providing for an Idle Speed -No Wake zone in any residential 29 man-made canals in unincorporated Monroe County; and 30 31 WHEREAS, Ordinance No.035-1997 was subsequently approved by the Florida Fish 32 and Wildlife Conservation Commission (FWC), in accordance with statutory 33 requirements in place at that time, and was assigned FWC Permit No.99-042; and 34 35 WHEREAS, the Monroe County Board of County Commissioners adopted 36 Ordinance No.031-2002, revising the initial ordinance, and providing for the boating 37 restricted area to apply to all `man-made waterbodies' and to include all of the Keys 38 canals. 39 40 WHEREAS, in 2009 F.S. 327.46 was revised, providing local authority to 41 municipalities and counties to adopt local ordinances establishing slow speed -minimum 42 wake boating restricted areas if the area is within a canal that is less than seventy-five feet 43 in width from shoreline to shoreline; and 44 45 WHEREAS, the statutory revision makes the current Idle Speed -No Wake in all 46 residential man-made canals zone non -compliant with State Statute; and 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 WHEREAS, FWC staff has suggested that Monroe County may amend its Idle Speed -No Wake zone in manmade canals code to reflect Slow Speed/Minimum Wake in canals less that seventy-five feet in width from shoreline to shoreline; and WHEREAS, amending Chapter 26 of the General Code of Ordinances to establish a new regulation requiring Slow Speed/Minimum Wake in canals, compliant with current State Statutes, is in the best interest of the health and safety of the public; and WHEREAS, several inaccuracies within Chapter 26 need correction; NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Chapter 26 of the Monroe County Code is amended as follows: Chapter 26 — WATERWAYS ARTICLE I. IN GENERAL Sec. 26-1. — Definitions. Houseboat means as provided in F.S. § 327.02. ARTICLE III. — VESSEL RESTRICTED AREAS Sec. 26-71— Boating restricted zones established. (a) Idle speed/no wake zones. No person shall operate a vessel in the following areas spatially defined as "idle speed/no wake zones" at a speed in excess of idle speed/no wake as defined 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: a. 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 that parallels the shoreline. Includes all internal canals of Snapper Point subdivision. b. 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. E 91 (3) Riviera Canal: To include the area of Riviera Canal, Key West, running 92 from Cow Key Channel to the west, until it turns approximately 90 degrees 93 to the north. 94 (4) Jolly Roger Estates, Little Torch Key: To include an area running parallel to 95 the eastern shore of Jolly Roger subdivision approximately 300 feet 96 offshore and within the deep navigation canal parallel to the subdivision 97 shoreline. To include the northernmost canal (running east -west) leading 98 into the internal subdivision canals. 99 (5) Sombrero Beach: To include the area at the west side of Sombrero Beach 100 extending to the west side of the navigation canal, bounded at its southern 101 extreme by Day Beacon No. 6. 102 (6) Safety Harbor: To include an area contiguous to and extending 103 approximately 300 feet from the residential shorelines of Safety Harbor and 104 Toll Gate Shores, within the existing deeper parallel navigation channel. 105 (7) Community Harbor: To include the area within the bounds of Community 106 Harbor, Tavernier, Key Largo and extending in an arc from either side of 107 the mouth, just outside the bounds of the Harbor. 108 109 110 () Dove Creek: From the open water of the Atlantic/Hawk's Channel, the ill eastern section of Dove Creek to the western end of Dove Creek subdivision 112 and including the Dove Creek subdivision residential canal. 113 (-U)) Key West: Smathers Beach: To include an area parallel to the shore along 114 Smathers Beach running 600 feet offshore. 115 (b) Slow speed/minimum wake zones. No person shall operate a vessel in the 116 following areas spatially defined as "slow speed/minimum wake zones" at a 117 speed in excess of slow speed/minimum wake as defined in this chapter: 118 (1) Snake Creek: To include the entire width of Snake Creek, from 100 feet 119 south of the Snake Creek Bridge at U.S. Highway 1, to 100 feet north of the 120 residential shoreline of the Venetian Shores subdivision, Plantation Key. 121 (2) Vaca Cut: Extending the length of Vaca Cut, Marathon from the regulatory 122 marker located approximately 1,250 feet south of the Vaca Cut Bridge to 123 the regulatory markers located approximately 800 feet north of the Vaca 124 Cut Bridge. 125 (3) Whale Harbor: To include the area just north of the Whale Harbor Bridge 126 and extending south the length of the Whale Harbor navigation channel to 127 ATON number 1. 128 (4) Book.t Key Harbor and Sister's Creek: To include all waters within Boot 129 Key Harbor including contiguous creeks and manmade canals, and 130 including approaches to the Harbor from the West beginning at Day Beacon 131 No. 7 and from the South, Sister's Creek beginning at Day Beacon No. 4. 132 (5) Cow Key Channel: To include Cow Key Channel north of the Cow Key 133 Channel Bridge at U.S. Highway 1 and ending at Day Beacon No. 11, south 134 of the Cow Key Channel Bridge. 3 135 (6) Adams Waterway: To include the entire area known as Adams Waterway, 136 Key Largo, leading from Blackwater Sound on Florida Bay to Largo Sound 137 on the ocean side of the Island of Key Largo. 138 Q A11 man-made canals: To inch. -id all canals o Monroeaunty ifnin the 139Floridae��)f less , than sevens 1_o e Lee.t in ! t `ror share lies t 141 142 Sec. 26-72. - Vessel use restriction zone delineation markers. 143 (a) The vessel use restriction zones established in section 26-71 shall be marked on 144 the waters using the U.S. Coast Guard and state uniform regulatory markers in 145 accordance with applicable state and federal laws and regulations. 146 (b) Special requirements and allowances -apply to manmadevv-a-tef 147 1- w camas boatino restricted �� s�,ign i- 148 149(83 r..;_ . : 150 (1) 151 r 4�xa��: .i ..-ice-1 W- 1 152 1 : s t umy ublid° boa launchi _... 153 facilities 'without addidonal FWC_peK�Ditti11ZL high nii,L onl. �b sted on 154 lend, and f. q n1,_t waards land; 155 (2) Pet, Allowances- , zi nd/or markers 156 rpay_ be ,1-) ,s d atas p j aal n aanmadi LS aii entrances. Si ge )e boa rai 159 f as ip tp waards laa a ._ r itfid 161 -T' -ate- ya It signs a �'t t r aaarker �� o the ter must be in accord with 162 applicable state and federal laws and regulations. Su, c 'g she rid/or markers as are niv 163 at t p on the t€�r....r faci k_w_,Iita_ N'__!_h 164 pp rL� � )yJ,WC. i g� a _fin Mnd . a _ �gornp a n tf�, j1 ablp 165 local codes. 166 ia-0 1 f,� -a a l m�� a i w is a i aaiw t� t o i wa 167 --r a -- 168 169 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or 170 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be 171 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this 172 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, 173 clause, sentence, or provision immediately involved in the controversy in which such 174 judgment or decree shall be rendered. 175 176 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in 177 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal 178 of an ordinance herein shall not repeal the repealing clause of such ordinance or revive 179 any ordinance which has been repealed thereby. rd 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 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 16th day of August, 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 : Deputy Clerk an Mayor George Neugent MONROE COUNTY ATTORNEY APPROVED AS TO FORM PETER MORRIS ASSISTANT OU TY A ORNEY Date:... R Information to help address public inquiries regarding Slow Speed/Minimum Wake In All Canals Less Than 75' in Width The Board is considering (at a future meeting) adoption of such ordinance to comply with current state statute to provide for a speed restriction to be re-established in canals (i.e. the current idle speed in canals ordinance is not enforceable, but the new slow speed ordinance in canals will be enforceable). June 21, 2017- the Board gave direction that the Slow Speed/Minimum Wake in Canals Less Than 75" In Width ordinance: • Will apply throughout the Keys, including incorporated areas • Provide signage at all public boat ramps • Will apply to all applicable canals regardless of adjacent development H3 The Ordinance will change the speed restriction from Idle Speed to Slow Speed F.A.C.68D-23.103 Definitions: "Idle Speed No Wake" and "Idle Speed" may be used interchangeably and mean that a vessel must proceed at a speed no greater than that which will maintain steerageway and headway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has under tow. "Slow Speed" and "Slow Speed Minimum Wake" may be used interchangeably and mean that a vessel must be fully off plane and completely settled into the water. The vessel must then proceed at a speed which is reasonable and prudent under the prevailing circumstances so as to avoid the creation of an excessive wake or other hazardous condition which endangers or is likely to endanger other vessels or other persons using the waterway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has under tow. County Code Definitions: Manmade 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. Canal means a manmade trench, the bottom of which is normally covered by water with the upper edges of its sides normally above water. Channel means a trench, the bottom of which is normally covered entirely by water, with the upper edges of its sides normally below water. (same as state definition) (Note- the County definitions for Canal and Channel are the same as the State) Speed restriction did not apply, and will not apply here V + as Speed restriction did apply, and will continue to apply here Over 75'�: ' a �„ ~ " - 1 •fir � €i�lgz.,• • tl: f. Over 75'AA y y ICA loll f -Signage- F.S. 327.41(4) No person or municipality, county, or other governmental entity shall place any regulatory markers in, on, or over the waters of the state or the shores thereof without a permit from the division pursuant to s.327.40. (note- division refers to the FWC Boating and Waterways Section) Staff note: However, no signage is required for approval or enforcement of the ordinance: - FWC can enforce the canal ordinance - FWC can enforce the current Sanctuary federal regulation of Idle Speed/No Wake 300' From Residential Shorelines. Sec. 26-72. - Vessel use restriction zone delineation markers. (a) The vessel use restriction zones established in section 26-71 shall be marked on the waters using the U.S. Coast Guard and state uniform regulatory markers in accordance with applicable state and federal laws and regulations. (b) Special requirements and allowances apply to ,,,aick rs f^r all manmade wteF bedies canal boating restricted areas or posting of signage. that Few—tk►at STFs-escribiRg th pro Re4ulatory si ns and/or markers posted on the water must be in accord with applicable state and federallaws and regulations. Such signage and/or markers are onIV allowed to oste or aci on the water n the water the ount an on after permittingbe signage posted on land must e compliant with applicable local codes. (2) Post at p blie beIaWe;iRg FampsAllowances: additional signage and/or markers may be posted based on BOCC direction: a) markers at canal entrances b) signs on existing infrastructure (i.e. aid to navigation) c) signs on private docks or seawalls d) at public boat ramps by the municipalities and DOT; a444 A L7 C n Markers/signs at canal entrances Signs on existing permitted markers 515 entrances-$3,000 per marker -8 islands -20 markers Signs on private docks or seawalls-13,000 properties City/State/DOT boat ramps (approved by BOCC) 20 ramps FWC, DEP, $1.5 million gCOE -$1,000 per marker-$20,000 FWC, USCG -$500/property -$6.5 million installed FWC (installed) -$2.6 million for signs $200/sign - $4,000 local codes only * As a reminder, no signage is required for FWC to enforce the Slow Speed/Minimum Wake zone in Canals n _ A"ti IP J +a ^R le lk .f '5 s ' w► ` s i Subject Property «` x lootr , x Yr s Subjttt property v jj, •s 'Im F.A.C. 68D-21.002(3)(e)(2.) No ordinance establishing a boating restricted area will be approved for the purpose of noise abatement or for the protection of shoreline, shore -based structures, or upland property from vessel wake or shoreline wash. As provided in Section 327.33(2), F.S., "vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel shall, absent negligence, not constitute damage or endangerment to property." The wake resulting from the reasonable and prudent operation of a vessel is a force which should be anticipated by the owners of property adjacent to the navigable waters of this state. 327.46 (c) Municipalities and counties have the authority to establish by ordinance the following other boating -restricted areas: 1. An ordinance establishing an idle speed, no wake boating -restricted area, if the area is within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway. 2. An ordinance establishing a slow speed, minimum wake, or numerical speed limit boating -restricted area if the area is: a. Within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway. b. Subject to unsafe levels of vessel traffic congestion. c. Subject to hazardous water levels or currents, or containing other navigational hazards. d. An area that accident reports, uniform boating citations, vessel traffic studies, or other creditable data demonstrate to present a significant risk of collision or a significant threat to boating safety. 3. An ordinance establishing a vessel -exclusion zone if the area is reserved exclusively: a. As a canoe trail or otherwise limited to vessels under oars or under sail. b. For a particular activity and user group separation must be imposed to protect the safety of those participating in such activity. 327.46 (cont.) Any of the ordinances adopted pursuant to this paragraph shall not take effect until the commission has reviewed the ordinance and determined by substantial competent evidence that the ordinance is necessary to protect public safety pursuant to this paragraph. Any application for approval of an ordinance shall be reviewed and acted upon within 90 days after receipt of a completed application. Within 30 days after a municipality or county submits an application for approval to the commission, the commission shall advise the municipality or county as to what information, if any, is needed to deem the application complete. An application shall be considered complete upon receipt of all requested information and correction of any error or omission for which the applicant was timely notified or when the time for such notification has expired. The commission's action on the application shall be subject to review under chapter 120.