Item O5M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Th e Florida Keys
Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
January 17, 2018
Agenda Item Number: 0.5
Agenda Item Summary #3295
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289 -2805
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A Public Hearing to consider adoption of an ordinance amending
Ch. 26 of the Monroe County (County) Code of Ordinances, deleting the Idle Speed/No Wake zone
for Manmade Waterbodies, and adding language to create a Slow Speed/Minimum Wake zone for
All Man -Made Canals Less Than 75' in Width.
ITEM BACKGROUND:
In 2002, the Board adopted Ord. No. 031 -2002 (attached) creating a boating restricted area
providing for Idle Speed/No Wake for All Manmade Waterbodies (which included canals).
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'.
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.
At the August 16, 2017 Board meeting, the Board further discussed the statutory change and the
need to revise the General Code to re- establish a speed restriction for canals, compliant with current
State Statute. The Board discussed a draft ordinance providing Slow Speed/Minimum Wake in all
Canals Less Than 75' in Width, and directed staff to include in the ordinance language requirements
and allowances providing for regulatory signage to be installed at all public boat ramps. The Board
approved advertising a public hearing for adoption of the ordinance at a future Board meeting.
Staff has provided a draft ordinance (attached) providing for Slow Speed - Minimum Wake in Canals
Less Than 75' In Width for Board adoption.
PREVIOUS RELEVANT BOCC ACTION:
June 21, 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.
August 16, 2017- Board approved advertising a public hearing to adopt the Slow Speed/Minimum
Wake boating restricted area for canals less than 75' in width, and provide for signage at all public
boat ramps.
October 18, 2017 — Board continued to BOCC 1/17/18 at the request of staff.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ord. No. 031 -2002
F.S. 327.46
Ordinance - Slow Speed /Minimum Wake in Canals
FINANCIAL IMPACT:
Effective Date: September 20, 2017
Expiration Date: N/A
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
I to] XTI i N Ul i"
Mayte Santamaria
Completed
Assistant County Administrator Christine Hurley
08/28/2017 8:42 AM
Steve Williams
Completed
Jaclyn Carnago
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Rich Jones
Completed
Kathy Peters
Completed
Board of County Commissioners
Completed
08/27/2017 2:54 PM
Completed
08/29/2017 10:42 AM
08/29/2017 11:04 AM
08/29/2017 3:58 PM
08/30/2017 7:29 AM
08/30/2017 8:49 AM
09/01/2017 2:11 PM
09/20/2017 9:00 AM
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.
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(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.
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(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.
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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.
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(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.
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(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
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(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.
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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.
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BOARD OF COUNTY COMMISSIONERS
OF M NNROE CO TY, FLORIDA
By _ —
Mayor h erson
APPROVED AS TO FORM
A GA . CY.
ROBERT
DATE
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Commissioner McCoy
Commissioner Nelson
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BOARD OF COUNTY COMMISSIONERS
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APPROVED AS TO FORM
A GA . CY.
ROBERT
DATE
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Commissioner McCoy
Commissioner Nelson
Commissioner Neugent
Commissioner Rice
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CONCERNING REGULATORY
ZONES IN CHAPTER 5.5 MON-
ally appeared WAYNE MARKHAM who on
2O Ilt>tIDEp
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KEYNOTE
NOTICEOF iNTENTWW
FLORIDA KEYS KEYNOTER, a twice
OC ADQIPTION
weekly newspaper published in Marathon,
OF COUNTY ORDINANCE
4 Weekly
Published Twice Meekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
N OTICE 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, th
esao`Mo Coun com mission
intends to consider the adop
tioh of the following County or
dinance:
S TATE I�
S TA 1 E OF FLORIDA
COUNTY OF MONROE
ROE ORDINANCE OF THE MON
ROE ".COUNTY BOARD OI
COMMISSIONERS MAKJN(
MINOR REVISIONS FOR CON
g ty p erson-
Before the undersigned authorit
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
o S S ENT HEREWITH;
weekly newspaper published in Marathon,
PROVIDING FOR INCORPORA-
T T E ON RD£
in Monroe County, Florida: that the
COUNTY OF.
NANCES;ANDTE PROVIDING AN
attached copy of advertisement was
Pursuant to Section 286.0105,
published in said newspaper in the issues
Florida Statutes, notice is given
that if a persori decides to ap-
of: (date(s) of publication)
peal eny decision made the
oerd wkh. respect to a m t.
ter
considered at the h he
wdl aep
end cord of t�pfp
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e up , made, which re
cord includes the testimony and
evidence upon which the appeal
r
is to be based.
Copies of the above- referenced
Affiant further says that the said FLORIDA
ordinance are mailable 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
heretofore been continuously published in
Dated atKey est,- Florida, this
18th day of ctober, 2002.
said Monroe County, wice each
Florida, r
DANNY L.KOLHAGE'
Clerk of the Circuit Court and ex
week (on Wednesday and Saturday and
c c M un cZ C:m the Board of
. CCounty Commissioners of
has bee_ n. entered as a second class mail
Monroe Coun 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
thi ay f 2002
(SEAL)
BEVERLY TRAE GER
MY Cantu Exp. 9J 1S/2008
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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 Advertiseme
5w r a u scrwea perore me
7th � oar ems,
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(SE �,v �� � � � ;,�� � ,tcnsalW
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Ad# 7506000 Adopt
Ordinance Boat Docks
NOTICE OF INTENTION
TO CONSIDER
ADOPTION OF
COUNTY ORDINANCE
NO IS HEREBY
CSI _ 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
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Cooke Communications, LLC
Florida Keys
Joy Thomas
Advertising Coordinator
Po BOX 1800
Key West F133041
Office .......... 306 -292am
Extension .................X219
Fax . ............305 - 2940768
ithomesakeysnews.com
INTERNET PUBLISHING
keywestoom
keysnews.com
soddakeys.com
key -vest.com
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 Locars 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 Wlsst, FL
330441800
Tel 305 -292 -7777
Fax 305- 294-0768
citmenakeywest.com
Int)smet Division
1201 While Street (Suite 103)
Key Wast, FL
330W -3328
Tel 305- 292 -1880
Fax 305- 2941699
sales@keywestcom
Middle Keys Office
6363 Overseas Hwy
Marathon, FL (MM 52.5)
330543342
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 -967 -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; that the attached 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 2002
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NOTICE OF 6�* ti� N TO
�ONSIDEA ADOPTION OP
COUNTY ORDINANCE
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
Monroe County, Florida, intends to
consider the adoption of the follow-
ing County ordinance:
AN ORDINANCE OF THE MONROE
COUNTY BOARD OF COMMIS-
SIONERS MAKING MINOR REVI-
SIONS FOR CONSISTENCY; ADD -
ING A DEFINITION ARTICLE; CON-
SOLIDATING NUMEROUS ARTI-
CLES CONCERNING REGULATO-
RY ZONES IN CHAPTER 5.5 MON-
ROE COUNTY CODE (BOATS,
DOCKS, AND WATERWAYS);
PROVIDING FOR SEVERADILITY;
PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSIS-
TENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE
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
to any matter considered at the hear-
ing, he will need a record of the pro-
ceedings, and that, for such purpose,
he may need to ensure that a verba-
tim record of the proceedings is
made, which record includes the tes-
timony and evidence upon which the
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
Circuit Court and ex officio Clerk of
the Board of County Commissioners
Of Monroe County, Florida
October 20 & 27, 2002
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Municipal Code Corporation
info @m=U,mun.icade com.
P.O. Box 2235
Tallahassee, FL 32316 -2235
Monroe County, FL Code of Ordinances - 1979(11270)
Supplement 79
Recorded: 121191200211:26: 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
C
Point Park.
Ordinance No.
11/20/2002
Amending Art.I, concerning county designated regional parks.
029 -2002
Q1
CD
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.
O
71J
Tired of receiving your acknowledgements by mail?
Send us your email address at info @mail.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.co
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http : / /intranet.municode.con BISI Recording lacknowledgePrint.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.
Sincerely,
Liz�
Chief
Bureau of Administrative Code
LC /mp
BUREAU OF ADMINISTRATIVE CODE
The Collins Building • 107 West Gaines Street • Tallahassee, Florida 32399 -0250 • (850) 245 -6270
FAX: (850) 245 -6282 • WWW Address: http: / /www.dos.state.fl.us • E -Mail: election @mail. dos. statefl.us
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BUREAU OF ADMINISTRATIVE CODE
The Collins Building • 107 West Gaines Street • Tallahassee, Florida 32399 -0250 • (850) 245 -6270
FAX: (850) 245 -6282 • WWW Address: http: / /www.dos.state.fl.us • E -Mail: election @mail. dos. statefl.us
The 2016 Florida Statutes
Title XXIV Chapter 327
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- E
restricted,', areas', by ordinance :',
CU
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. 0
b. Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells
8
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: CL
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 Jess 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: 4)
a. Designated as a public bathing beach or swim area.
b. Within 300 feet of a dam, spillway, or flood control structure. CU
(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 2
located and, when the boating- restricted area is to be on the navigable waters of the United
8
States, with the United States Coast Guard and the United States Army Corps of Engineers. r_
(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 CL
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. Ui
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ORDINANCE NO. -2017
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, AMENDING CHAPTER 26
OF THE MONROE COUNTY CODE OF ORDINANCES;
DELETING THE BOATING RESTRICTED AREA (IDLE
SPEED /NO WAKE ZONE) FOR ALL MANMADE
WATERBODIES; ESTABLISHING A BOATING
RESTRICTED AREA (SLOW SPEED/MINIMUM WAKE
ZONE) FOR ALL MAN -MADE CANALS LESS THAN
SEVENTY -FIVE FEET IN WIDTH; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR FILING
AND AN EFFECTIVE DATE; PROVIDNG FOR
CODIFICATION.
WHEREAS, the Monroe County Board of County Commissioners adopted
Ordinance No.035 -1997 providing for an Idle Speed -No Wake zone in any residential
man -made canals in unincorporated Monroe County; and
WHEREAS, Ordinance No.035 -1997 was subsequently approved by the Florida
Fish and Wildlife Conservation Commission (FWC), in accordance with statutory
requirements in place at that time, and was assigned FWC Permit No.99 -042; and
WHEREAS, the Monroe County Board of County Commissioners adopted
Ordinance No.031 -2002, revising the initial ordinance, and providing for the boating
restricted area to apply to all `man -made waterbodies' and to include all of the Keys
canals with buildings along their shorelines.
WHEREAS, in 2009 F.S. 327.46 was revised, providing local authority to
municipalities and counties to adopt local ordinances establishing slow speed - minimum
wake boating restricted areas if the area is within a canal that is less than seventy -live feet
in width from shoreline to shoreline; and
WHEREAS, the statutory revision makes the current Idle Speed -No Wake in all
residential man -made canals zone non - compliant with State Statute; and
47
48 WHEREAS, FWC staff has suggested that Monroe County may amend its Idle
49 Speed -No Wake zone in man -made waterbodies code to reflect Slow Speed /Minimum
50 Wake in canals less that seventy -five feet in width from shoreline to shoreline; and
51
52 WHEREAS, amending Chapter 26 of the General Code of Ordinances to
53 establish a new regulation requiring Slow Speed/Minimum Wake in canals, compliant
54 with current State Statutes, is in the best interest of the health and safety of the public;
55 and
56
57 WHEREAS, several inaccuracies within Chapter 26 need correction;
58
59
60 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
61 OF COUNTY COMMISSIONERS:
62
63 Section 1. Chapter 26 of the Monroe County Code is amended as follows:
64
65 Chapter 26 — WATERWAYS
66
67 ARTICLE I. IN GENERAL
68
69 Sec. 26 -1. — Definitions.
70
71 Houseboat means as provided in F.S.. 3827.02,
72
73 ARTICLE III. — VESSEL RESTRICTED AREAS
74
75 See. 26 -71 — Boating restricted zones established.
76 (a) Idle speed /no wake zones. No person shall operate a vessel in the following
77 areas spatially defined as "idle speed /no wake zones" at a speed in excess of idle
78 speed /no wake as defined in this chapter:
79 (1) Summerland Key Channel: To include an area within 300 feet of shore
80 along the southwest shore of Summerland Key, running contiguous with the
81 shorelines of Summerland Key Cove and Summerland Cove Isles
82 subdivisions.
83 (2) Ocean Reef Club:
84 a. Bayside: To include an area between 300 feet of shore along the
85 northwest shore of North Key Largo running contiguous with the
86 shoreline of Snapper Point subdivision, Ocean Reef Club, within the
87 navigation channel that parallels the shoreline. Includes all internal
88 canals of Snapper Point subdivision.
89 b. Oceanside: To include all residential canals in Angelfish Cay, all
90 residential canals in Channel Cay, and the portion of Little Angelfish
91 Creek adjacent to Angelfish Cay.
2
92 (3) Riviera Canal: To include the area of Riviera Canal, Key West, running
93 from Cow Key Channel to the west, until it turns approximately 90 degrees
94 to the north.
95 (4) .lolly Roger Estates, Little Torch Key: To include an area running parallel to
96 the eastern shore of Jolly Roger subdivision approximately 300 feet
97 offshore and within the deep navigation canal parallel to the subdivision
98 shoreline. To include the northernmost canal (running east -west) leading
99 into the internal subdivision canals.
100 (5) Sombrero Beach: To include the area at the west side of Sombrero Beach
101 extending to the west side of the navigation canal, bounded at its southern
102 extreme by Day Beacon No. 6.
103 (6) Safety Harbor: To include an area contiguous to and extending
104 approximately 300 feet from the residential shorelines of Safety Harbor and
105 Toll Gate Shores, within the existing deeper parallel navigation channel.
106 (7) Community Harbor: To include the area within the bounds of Community
107 Harbor, Tavernier, Key Largo and extending in an arc from either side of
108 the mouth, just outside the bounds of the Harbor.
109 (8) All . wa_ ief 4 : : - i'^ . _ .... _ . i llekR4ee ,44 irf�c , s , a f e 'f bwdie 9
110 � � � f r� .
111 (48) Dove Creek: From the open water of the Atlantic /Hawk's Channel, the
112 eastern section of Dove Creek to the western end of Dove Creek subdivision
113 and including the Dove Creek subdivision residential canal.
114 (109) Key West: Smathers Beach: To include an area parallel to the shore along
115 Smathers Beach running 600 feet offshore.
116 (b) Slow speed /minimum wake zones. No person shall operate a vessel in the
117 following areas spatially defined as "slow speed /minimum wake zones" at a
118 speed in excess of slow speed /minimum wake as defined in this chapter:
119 (1) Snake Creek: To include the entire width of Snake Creek, from 100 feet
120 south of the Snake Creek Bridge at U.S. Highway 1, to 100 feet north of the
121 residential shoreline of the Venetian Shores subdivision, Plantation Key.
122 (2) Vaca Cut: Extending the length of Vaca Cut, Marathon from the regulatory
123 marker located approximately 1,250 feet south of the Vaca Cut Bridge to
124 the regulatory markers located approximately 800 feet north of the Vaca
125 Cut Bridge.
126 (3) Whale Harbor: To include the area just north of the Whale Harbor Bridge
127 and extending south the length of the Whale Harbor navigation channel to
128 ATON number 1.
129 (4) Book-_t.: Key Harbor and Sister's Creek: To include all waters within Boot
130 Key Harbor including contiguous creeks and manmade canals, and
131 including approaches to the Harbor from the West beginning at Day Beacon
132 No. 7 and from the South, Sister's Creek beginning at Day Beacon No. 4.
133 (5) Cow Key Channel: To include Cow Key Channel north of the Cow Key
134 Channel Bridge at U.S. Highway 1 and ending at Day Beacon No. 11, south
135 of the Cow Key Channel Bridge.
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136 (6) Adams Waterway: To include the entire area known as Adams Waterway,
137 Key Largo, leading from Blackwater Sound on Florida Bay to Largo Sound
138 on the ocean side of the Island of Key Largo.
139 (7) All man -inade canals: To include all canals of Monroe Count` within the
140 Florid�i Kevs of less than seventy feet in width f - shoreline to
141 s l- oreline (ash. " 327.
142
143 Sec. 26 -72. - Vessel use restriction zone delineation markers.
144 (a) The vessel use restriction zones established in section 26 -71 shall be marked on
145 the waters using the U.S. Coast Guard and state uniform regulatory markers in
146 accordance with applicable state and federal laws and regulations.
147 (b) Special requirements and allowances apply to r rrcrrl >crs - manmade
148 ho dies canal boating restricted areas for posting cif si gnage. that- -# 4e
149 - ring -fie 1�1k It -bF�a i n�,� -:a c - �� et- lbl+h --i-n
150 2 , 4-. Regulatory signs and /or markers posted on
151 the water inust be in accord with a 3 nlicable suite and federal laws Lind
152 re2�r1latiot1s. Such signage and /or m irker•s are only . allo,ycd to be posted on the
153 w ater (or facin . the water) by the Cowjty and only after pernnitting y F� , YC,
154 ; Any signiage posted on land must be c ompliant with app licable local codes.
155
156 (1 ) lily w�ze�if IL-h e-- c-o- Linit =, s e k
157 l tFilo- - - I 11xw 1y 4 o t1 i-o w - er - rr ,, .:
158 1iequ rernc✓ s ignage shall be posted at all County public boat l. p claitr,o
159 facilities iviffiout additional FWC perrnittin�- which may only be posted otr
160 land and lacing towards land;
161 (2) be3at Allowances: si gn�tae iva a be
162 provided to nnunicipaliti and the Department of Tr ail spor tatio11 for postin
163 a t cite and state p?iblic boat rqmo ��_l�ich nray only be posted on land, and
164 facing towards land. acid
165 W u-elir
166
167 The posted signs must be in accord with applicable state and federal laws and
168 regulations. -ALa _ egu , _ n ut plaeed i n ' . , a „ #irre -4
169 i€�thi )alt ; tl�c maw must be i +- aec.- oi -Wtl-1 "° 1 at e- arm -1 t 1 1 w
170 a nd g l
171
172 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
173 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
174 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this
175 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision,
176 clause, sentence, or provision immediately involved in the controversy in which such
177 judgment or decree shall be rendered.
178
179 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
180 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal
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of an ordinance herein shall not repeal the repealing clause of such ordinance or revive
any ordinance which has been repealed thereby.
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 20th day of September, 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
in
Mayor George Neugent
MqOtME COUNYY ATTORNEY
®v- ASS T oRM:
AMS'l ORNEY
Date
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