Ordinance 002-20181
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ORDINANCE NO. 002 - 2018
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/NIINIMUM 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 -five 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
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WHEREAS, FWC staff has suggested that Monroe County may amend its Idle Speed -
No Wake zone in man -made waterbodies 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.
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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 (8) Dove Creek: From the open water of the Atlantic/Hawk's Channel, the
109 eastern section of Dove Creek to the western end of Dove Creek subdivision
110 and including the Dove Creek subdivision residential canal.
111 (9) Key West: Smathers Beach: To include an area parallel to the shore along
112 Smathers Beach running 600 feet offshore.
113 (b) Slow speedlminimum wake zones. No person shall operate a vessel in the
114 following areas spatially defined as "slow speed /minimum wake zones" at a
115 speed in excess of slow speed/minimum wake as defined in this chapter:
116 (1) Snake Creek: To include the entire width of Snake Creek, from 100 feet
117 south of the Snake Creek Bridge at U.S. Highway 1, to 100 feet north of the
118 residential shoreline of the Venetian Shores subdivision, Plantation Key.
119 (2) Vaca Cut: Extending the length of Vaca Cut, Marathon from the regulatory
120 marker located approximately 1,250 feet south of the Vaca Cut Bridge to
121 the regulatory markers located approximately 800 feet north of the Vaca
122 Cut Bridge.
123 (3) Whale Harbor: To include the area just north of the Whale Harbor Bridge
124 and extending south the length of the Whale Harbor navigation channel to
125 ATON number 1.
126 (4) Boot Key Harbor and Sister's Creek: To include all waters within Boot Key
127 Harbor including contiguous creeks and manmade canals, and including
128 approaches to the Harbor from the West beginning. at Day Beacon No. 7 and
129 from the South, Sister's Creek beginning at Day Beacon No. 4.
130 (5) Cow Key Channel: To include Cow Key Channel north. of the Cow Key
131 Channel Bridge at U.S. Highway 1 and ending at Day Beacon No. 11, south
132 of the Cow Key Channel Bridge.
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133 (6) Adams Waterway: To include the entire area known as Adams Waterway,
134 Key Largo, leading from Blackwater Sound on Florida Bay to Largo Sound
135 on the ocean side of the Island of Key Largo.
136 (7) All man -made canals: To include all canals of Monroe County within the
137 Florida Keys, of less than seventy -five feet in width from shoreline to
138 shoreline (as per F.S. § 327.46).
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140 Sec. 26 -72. - Vessel use restriction zone delineation markers.
141 (a) The vessel use restriction zones established in section 26 -71 shall be marked on
142 the waters using the U.S. Coast Guard and state uniform regulatory markers in
143 accordance with applicable state and federal laws and regulations.
144 (b) Special requirements and allowances apply to manmade canal boating restricted
145 areas for posting of signage.
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147 Regulatory signs and /or markers posted on the water must be in accord with
148 applicable state and federal laws and regulations. Such signage and /or markers
149 are only allowed to be posted on the water (or facing the water) by the County
150 and only after permitting by FWC. Any signage posted on land must be
151 compliant with applicable local codes.
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153 (1) Requirements: signage shall be posted at all County public boat launching
154 facilities (without additional FWC permitting), which may only be posted on
155 land, and facing towards land;
156 (2) Allowances: signage may also be provided to municipalities and the
157 Department of Transportation for posting at city and state public boat ramps,
158 which may only be posted on land, and facing towards land.
159
160 The posted signs must be in accord with applicable state and federal laws and
161 regulations.
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163 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
164 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
165 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this
166 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision,
167 clause, sentence, or provision immediately involved in the controversy in which such
168 judgment or decree shall be rendered.
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170 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
171 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal
172 of an ordinance herein shall not repeal the repealing clause of such ordinance or revive
173 any ordinance which has been repealed thereby.
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175 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of
176 the Secretary of the State of Florida and shall become effective as provided by law.
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178 Section 5. Codification. The provisions of this ordinance shall be included and
179 incorporated into the Code of Ordinances of Monroe County, Florida and shall be
180 numbered to conform with the uniform numbering system of the Code.
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184 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
185 Florida at a regular meeting held on the 17th day of January, 2018.
186
187 Mayor David Rice
188 Mayor pro tem Sylvia Murphy
189w �.., Commissioner Danny L. Kolhage
'y-, ii George Neu
190 �z �- - .���.� Commssoner eor ent g g
191 ,Cgmmissioner Heather Carruthers
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195 ` ; r-Attest: -KEVIN MADOK, CLERK
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198 By �+
199 Deputy Clerk
MO OE COUNTY ATTORNEY
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MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
By
Mayor David Rice
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MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
By
Mayor David Rice
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Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
February 2, 2018
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. 002 -2018, 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; providing
for codification.
The Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on January 17, 2018. Should you have any questions,
please feel free to contact me at (305) 292 -3550.
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: County Administrator
Marine Resources
County Attorney
MuniCode
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305 - 294 -4641 305 - 289 -6027 305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
JIM S�
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FLORIDA DEPARTMENT 0 f STATE
RICK SCOTT
Governor
February 2, 2018
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. 002 -2018, which was filed in this office on February 2,
2018.
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
Pam Hancock
From: ords@municode.com
Sent: Monday, February 05, 2018 10:19 AM
To: Morris-Peter@monroecounty-fl.gov; lofberg-debbie@monroecounty-fl.gov; peters-
katherine@monroecounty-fl.gov; Hall-Cynthia@monroecounty-fl.gov; Pam Hancock
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 16 Update 4
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