Ordinance 015-2017I ORDINANCE NO. 015 - 2017
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4 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
5 COUNTY COMMISSIONERS, AMENDING CHAPTER 26 OF THE
6 MONROE COUNTY CODE OF ORDINANCES; DELETING
7 LANGUAGE REFERENCING THE PILOT PROGRAM FOR
8 ANCHORING AND MOORING; ADDING LANGUAGE
9 ESTABLISHING PROOF OF PUMPOUT KEYS -WIDE;
10 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
11 OF INCONSISTENT PROVISIONS; PROVIDING FOR FILING
12 AND AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION.
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15 WHEREAS, on February 20, 2013, the Board of County Commissioners (BOCC) adopted
16 Ordinance No. 009 -2013 establishing boating restricted areas and accompanying regulations,
17 including proof of pumpout within Managed Anchoring Zones, which was approved by the
18 Florida Fish and Wildlife Conservation Commission (FWC) in compliance with the Pilot
19 Program for Anchoring and Mooring (Pilot Program), established by the FWC under the
20 authority provided by F.S. 327.4105; and
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22 WHEREAS, The FWC Pilot Program expired July 1, 2017 in accordance with F.S. 327.4105;
23 and
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25 WHEREAS, County Ordinance No. 009 -2013 expired concurrently with the expiration of the
26 FWC Pilot Program; and
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28 WHEREAS, F.S. 327.60(4), effective July 1, 2017, provides authority for a local government to
29 enact and enforce proof of pumpout regulations, for vessels or floating structures anchored or
30 moored for more than ten consecutive days within a federally established No Discharge Zone
31 (NDZ), based on sufficient availability of sewage pumpout services and facilities; and
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33 WHEREAS, all of the waters within the Florida Keys National Marine Sanctuary are within the
34 NDZ for the Florida Keys; and
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36 WHEREAS, Monroe County (County) operates a free and convenient mobile vessel pumpout
37 program throughout the Florida Keys within the County; and
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39 WHEREAS, the County's mobile vessel pumpout program is recognized by the Florida
40 Department of Environmental Protection (DEP) as providing a service to the boating public, and
41 has been funded by the DEP Clean Vessel Act Fund continuously since the beginning of
42 operation of the pumpout program in 2013; and
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44 WHEREAS, the County desires to continue the proof of pumpout regulation, initially
45 established under the Pilot Program, and expand the geographic area within which the proof of
46 pumpout regulation may be applied, to include the entirety of the No Discharge Zone for State
47 waters within the boundaries of the Florida Keys National Marine Sanctuary; and
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49 WHEREAS, the adopted ordinance cannot take effect until it is reviewed and approved by the
50 FWC; and
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52 WHEREAS, upon adoption by the BOCC the ordinance will be submitted to FWC for review
53 and approval;
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56 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
57 COUNTY COMMISSIONERS:
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59 Section 1. Article V of Chapter 26 of the Monroe County Code is amended as follows:
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61 Chapter 26 — WATERWAYS
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63 ARTICLE V. - PROOF OF PUMPOUTf
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65 Sec. 26 -100. - Purpose.
66 It is the purpose of this Section of this Code to establish a requirement, based on the authority
67 provided under F.S.327.60(4), for vessels and floating structures subject to the marine sanitation
68 requirements of F.S. 327.53 to provide proof of proper sewage disposal by means of an approved mobile
69 sewage pumpout service, an approved sewage pumpout facility, or an approved waste reception facility
70 when anchored or moored for more than ten (10) consecutive calendar days within the federally - established
71 No- Discharge Zone in the Florida Keys.
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73 Sec. 26 -101. - Definitions.
74 Proof of pumpout means an acceptable form of proof that a vessel or floating structure has had its
75 sewage legally pumped out, or disposed of (in the case of a Porta -Potti or other portable toilet). Acceptable
76 forms of proof include a current pumpout registration sticker or tag issued by the Monroe County pumpout
77 program indicating that the vessel or floating structure receives routine pumpouts, or a valid pumpout
78 receipt from an approved pumpout facility (including portable toilet dump stations) or approved pumpout
79 vessel.
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81 Sec. 26 -102. - Proof of Pumpout Required
82 Proof of pumpout required. Vessels and floating structures anchored or moored for more than ten
83 consecutive days, and which are required to have a marine sanitation device in accordance with F.S. §
84 327.53, must provide proof of pumpout. Vessel or floating structure owners may utilize a pumpout service
85 which may be provided by the Monroe County pumpout program, or other approved vessel pumpout facility
86 or vendor. The County pumpout service is structured to provide ongoing pumpouts for anchored vessels and
87 floating structures, and may provide a registration process by which vessel and floating structure owners
88 sign up for regular pumpouts at a frequency based on anticipated need, with a maximum of one pumpout per
89 week. A monthly, color coded, registration sticker or tag may be provided which vessel and floating
90 structure owners may display on their vessel or floating structure, indicating participation in the County
91 pumpout program, and which will be considered proof of pumpout. The County pumpout program shall
92 maintain registration documentation and pumpout logs, which shall be available for review by any law
93 enforcement officer. If a vessel or floating structure owner utilizes another approved vessel pumpout
94 provider the vessel or floating structure owner is required to maintain documentation and pumpout logs to
95 demonstrate use of pumpout to FWC, the Monroe County Sheriff's Office or other law enforcement officers.
96 Proof of pumpout, regardless of the type of proof, must indicate that the vessel or floating structure was
97 pumped out within the last thirty (30) days. Monroe County encourages utilization of the County's pumpout
98 service to ensure availability of routine pumpouts as may be needed.
99 Sec. 26 -103. - Enforcement.
100 Regulations described in this article may be enforced by Law Enforcement Officers of Monroe
101 County, FWC or any other law enforcement officer.
102 Sec. 26 -104. - Penalties.
103 (a) Any person cited for a violation of this article shall be charged with a noncriminal infraction. A
104 Uniform Boating Citation may be issued for violations of this ordinance pursuant to F.S. § 327.74 by
105 any law enforcement agency authorized to issue such citations. Vessel and floating structure owners
106 will be provided 30 days between issuance of citations. Fines associated with citations are established
107 as follows:
108 (1) First offense: $50.00.
109 (2) Second offense: $100.00.
110 (3) Third offense: $250.00.
111 (4) Fourth or subsequent offenses: $250.00.
112 (b) Any person who fails to properly respond to a Uniform Boating Citation issued for a violation of this
113 article shall, in addition to the charge relating to the violation of the boating laws of this County, be
114 charged with the offense of failing to respond to such citation and upon conviction be guilty of a
115 misdemeanor of the second degree punishable as provided in F.S. § 775.082 and F.S. § 775.083.
116 Sec. 26 -105. - Exemptions.
117 The following exemptions are provided:
118 (a) Vessels or floating structures equipped with only incinerating or composting toilets are not
119 required to provide proof of pumpout, as those types of toilets are not designed to be pumped
120 out. However, effluent from those toilets is not allowed to be disposed of in the waters of the no
121 discharge zone within the Florida Keys.
122 (b) Stored vessels and floating structures are not required to provide proof of pumpout.
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124 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision
125 of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
126 judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
127 effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
128 provision immediately involved in the controversy in which such judgment or decree shall be
129 rendered.
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131 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict
132 with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance
133 herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has
134 been repealed thereby.
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136 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of the
137 Secretary of the State of Florida and shall become effective as provided by law.
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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
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent
MONR E COUNTY ATT RNEY
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Kevin Mad CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
August 28, 2017
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 015 -2017 amending Chapter 26 of the
Monroe County Code of Ordinances; deleting language referencing the Pilot Program for
anchoring and mooring; adding language establishing proof of pump out keys -wide; providing
for severability; providing for repeal of inconsistent provisions; providing for filing and an
effective date; providing for codification.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on August 16, 2017. Should you have any questions,
please feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management
County Attorney
BOCC
File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305- 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305- 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
JIM S�
J f
FLORIDA DEPARTMENT 0 f STATE
RICK SCOTT
Governor
August 28, 2017
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pam Hancock
Dear Mr. Madok:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 015 -2017, which was filed in this office on August 28,
2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.ft.us