Item P3I'm Ill MFV bjkL
Meeting Date: February 20, 2013 Division: Growth Management
Bulk It Yes No X Department: Marine Resources Office
Staff Contact Person/Phone #: Richard Jones 289-2805
AGENDA ITEM WORDING:
A public hearing to consider adoption of an ordinance by the Monroe County Board of County
Commissioners re -adopting Ordinance 036-2012 which amended Chapter 26 of the Monroe County
Code (Waterways) to provide for "Article V Anchoring and Mooring Restricted Areas", specifically
including Attachment "B" missing from Ordinance 036-2012.
ITEM BACKGROUND:
At the October 17, 2012 BOCC meeting the Board held a public hearing adopting Ordinance 036-2012
which amended Chapter 26 of the Monroe County Code providing for "Article V Anchoring and
Mooring Restricted Areas", including the establishment of "managed anchoring zones" and
anchorina buffer zones". However, Attachment B- Maps of No Anchoring Buffer Zones was
inadvertently omitted from the agenda item packet. This agenda item re -adopts Ordinance 036-2012
and specifically includes the previously omitted Attachment B. The ordinance, in its entirety, was
previously approved by the Florida Fish and Wildlife Conservation Commission. Monroe County
Ordinance 036-2012 is effective, and the re -adoption of Ordinance 036-2012 ensures that the map
attachments are included.
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CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: n/a BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes — No, X AMOUNT PER MONTH Year
APPROVED BY: County Arty X OMB/Purchasing — Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:— . -- AGENUAITEM#
3 E
4
5
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7 4 °#
S
9
10 ORDINANCE NO. -2013
11
1
13 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS RE -ADOPTING
15 ORDINANCE 036-2012
1 ODE )
TO
1 "ARTICLE
18 MOORING RESTRICTED i
}g.
{}
SPECIFICALLY
19 INCLUDING ATTACHMENT"B" MISSING FROM
20 ORDINANCE 036-2012; PROVIDING FOR
21 i PROVIDING FOR REPEAL OF
2 INCONSISTENT_ ;
PROVIDING FOR FILING
2 1 PROVIDING FOR
24 CODIFICATION; PROVIDING FOR AN EXPIRATION
25
2
2
28 WHEREAS, Ordinance No. 03 -2012 (Ordinance) was passedon October 17, 2012, by
29 the Monroe County Board of County Commissioners and was filed with the Secretary of
30 - State on November_2, 2012; and
31
32 WHEREAS, Ordinance No. 03-2013 is effective; and
33
34 WHEREAS, See, 2 -102(b) of the Ordinance provided for "No Anchoring Buffer
35 ones"; and
3
37 WHEREAS, legal descriptions of the "No Anchoring Zones" were: provided in the text
38 of the Ordinance in Sec. 2 -102(b)(1) ; and
3
40 WHEREAS, the Ordinance referenced Attachment B, maps of the "No Anchoring
41 Zones", in Sec, -1 2(b)(1) to illustrate the legal descriptions in the text; and
42
43 WHEREAS, Attachment B was not included t the time of the public hearing on October
4 17,2012;and
45
1
46 WHEREAS, it is the intention of this ordinance to re -adopt all of Ordinance 03 -2012
47 along i e missing Attachment , now attached hereto;
48
49 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
50 OF COUNTY COMMISSIONERS:
51
52
53
54 Ordinance is readopted in its entirety to provide the text and attachments
55 in one document as s:
5
57
58 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
59 COUNTY COMMISSIONERS AMENDING CHAPTER 26
60 OF THE MONROE COUNTY CODE (WATERWAYS) TO
1PROVIDE FOR '
62 MOORING RESTRICTED AREAW3, PROVIDING FOR
63 SEVERABILITY; PROVIDING FOR REPEAL OF
64 INCONSISTENT PROVISIONS; PROVIDING FOR FILING
5 AND AN EFFECTIVE DATE; PROVIDING FOR
66 CODIFICATION; PROVIDING FOR AN EXPIRATION
7 DATE.
68
6
70 WHEREAS, in 1992 the Monroe County Department of Marine Resources prepared
71 Boating Impacts Management ,Man Final Report which oc ente liveaboard vessel
2 impacts associated with unmanaged anchorages throughout the Keys;
7
4 WHEREAS, in 2002 the Monroe County ent of Marine Resources prepared a
5 Keys -Wide Mooring Field yste Preliminary Planning Document which included
76 evaluation of anchorages throughout the Keys including tic Chita Harbor, Cow Key
77 Channel, and Key West Harbor (i.e. Wisteria Island/Fleming Key ea) and recognized
78 the need to address negative boating impacts associated with those unmanaged
79anchorages;and
8
81 WHEREAS, in 2008 the Monroe County Marine Resources Office prepared the
2 Development of ` a Boating Management Plan for the Boca Chico Harbor area which
83 evaluated a variety of boating impacts in that anchorage area and provided options for
84 managing anchoring activity, but recognized a lack of authority (t that time) provided
85 to the County to regulate vessels other than liveaboard vessels; and
86
87 WHEREAS, in 2009 the Florida Legislature directed the Floridaish & Wildlife
88 Conservation Commission ( C), in consultation with the Florida _ Department of
89 Environmental rotection, to establish Pilot Program to explore potential options or
90 regulating e anchoring or mooring of non-liveaboard vessels outside the marked
91 boundaries of public mooring fields (327.4105 , .); and
2
92
93 WHEREAS, the goals of the of Program are to encourage the establishment of
94 additional public mooring fields and to develop and test policies and regulatory regimes
95 that: promote the establishment and use of mooring fields, promote public access to
96 waters of the state, enhance navigational safety, protect maritime infrastructure, protect
97 marine environment, and deter improperly stored, abandoned or derelict vessels; and
98
99 WHEREAS, in November 2009 Monroe County sent a Letter of Interest to FWC to
100 participate in the Pilot Program in partnership with the Cities of Marathon and Key West,
101 each of is operate public mooring fields; and
102
103 WHEREAS, the Monroe County Board of County Commissioners entered into Inter-
104 local Agreements with the Cities of Marathon and Key West on February 17, 2010
105 providing for coordinated partnerships in the FWC Pilot Program; and
106
107 WHEREAS, the Monroe County Marine Resources Office retained consultants to
108 complete vessel surveys inside and outside of public mooring fields at Key West and
109 Marathon and in the anchorage at Boca Chica basin, and conducted stakeholder
110 workshops totake public input on anchoring and mooring issues and potential regulatory
III regimes, in accordance with the criteria of the FWC Pilot Program; and
112
113 WHEREAS, FWC staff evaluated Monroe County's vessel surveys, considered public
114 input provided at stakeholder workshops, and provided a recommendation tothe FWC to
115 approve Monroe County for participation in the Pilot Program; and
116
117 WHEREAS, at its February 2011 meeting the FWC approved Monroe County as one of
118 five local governments in the state to participate in the Pilot Program, including St.
119 Petersburg, Sarasota, St. Augustine and Martin County; and
120
121 WHEREAS, the Monroe County Marine and Port Advisory Committee and the Monroe
122 County Board of County Commissioners held numerous public meetings from 2009 to
123 the present to discuss, and take public input on FWC Pilot Program objectives, anchoring
124 impacts in unmanaged Keys anchorages, and viable solutions to address those anchoring
125 impacts; and
126
127 WHEREAS, the Monroe County Board of County Commissioners provided direction at
128 its September 21, 2011 meeting for staff to draft an anchoring ordinance to provide for
129 managed anchoring zones with accompanying regulations, and to coordinate with the
130 Cities of Marathon and Key West for the inclusion of ordinance language providing for
131 anchoring regulations in association with their respective mooring fields; and
132
133 WHEREAS, at the September 21, 2011 Monroe County Board of County
134 Commissioners meeting the Board received a request from a representative of Wisteria
135 Island to have Key West harbor included as a managed anchoring zone, and the Board
136 approved the inclusion of that area as a managed anchoring zone; and
137
3
138 WHEREAS, the Monroe County Board of County Commissioners provided additional
139 direction at its January 19, 2012 meeting for the anchoring ordinance to provide for four
140 managed anchoring zones, and revised the regulations for development to be applied
141 within those zones; and
142
143 WHEREAS, the Monroe County Board of County Commissioners at its April 18, 2012
144 meeting accepted a request by the City of Marathon to include the greater Boot Key
145 Harbor area as a fifth managed anchoring zone, heard concerns from the Navy, and
146 directed staff to include a prohibition on vessels within managed anchoring zones that
147 exhibit conditions known to precede a derelict vessel condition, eliminate floating
148 structures language and eliminate USCG Auxiliary Vessel Safety Check language
149 pending a recommendation from the USCG; and
150
151 WHEREAS, the Monroe County Board of County Commissioners at its May 16, 2012
152 meeting accepted a request by Naval Air Station Key West to make areas of Boca is
153 basin, encompassed by the Navy Accident Potential Zone and baybottom, a no anchoring
154 zone toes e the safety and security of the public; and
155
156 WHEREAS, the Monroe County Board of County Commissioners has indicated that the
157 anchoring ordinance should not be over -reaching and not overburden transient boaters-,
158 and
159
160 WHEREAS, it is the intention of the Monroe County Board of County Commissioners to
161 optimize the incentive for vessel owners, who contribute to Boating Improvement Funds
162 through vessel registration fees and contribute to DEP Clean Vessel Act Program funds
163 through marine fuel taxes, to properly pumpout and comply with existing sewage
164 discharge regulations within the federal No Discharge Zone in the Keys, by providing
165 free purnpout service to vessels located in managed anchoring zones and which are
166 served by the County pumpout program; and
167
168 WHEREAS, Monroe County staff is negotiating a contract with the National Marine
169 Waste Foundation to provide free pumpout service to vessels anchored in unincorporated
170 are of the Florida Keys and to provide for a registration process, with accompanying
171 participation stickers or tags to be displayed on vessels indicating proof of regular
172 purnpouts- and
173
174 WHEREAS, because the anchoring ordinance is a test program the Monroe County
175 Board of County Commissioners desires that vessel owners be provided warnings by
176 enforcement officers or to the issuance of citations, to allow every opportunity for the
177 vessel owner to comply with the described regulations- and
178
179 WHEREAS, the anchoring ordinance shall provide for the regulation of both liveaboard
180 and non-liveaboard. vessels; and
181
182 WHEREAS, the Monroe County Board of County Commissioners encourages FWC to
183 fully implement the agency's At Risk Program in designated managed anchoring zones as
4
184 a tool to identify vessels which exhibit conditions known to precede a derelict vessel
185 condition; and
18
187 WHEREAS, the regulations established in the anchoring ordinance are consistent with
188 e municipal codes oft e City of Marathon and_the Cityof Key_West; and
8
190 WHEREAS, the Monroe County Boardof CountyCommissioners will transmite
191 approved anchoringordinance to FWC forconsideration and approv rior to adoption
2 of the ordinance of County Commissioners-,
13
94 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
15 OF COUNTY COMMISSIONERS:
196
197 Section 1. Chapter 26 of the Monroe County Coe is amended as follows:
198
199 Chapter 2
200 WATERWAYS
20
202 ARTICLE
203 ANCHORING AND MQQRlNG RESTRICTED
4
205 ec. 2 -1 ose. t is -t e pMose of this section of this Code to_pLQvide to
206 anchoring and mo cted areas where unmanaged anchoringor mooring
207 associated environmental i aional iMpacts exist. These areas and restrictions e
28 create_ in accordance with F.S. § 327.4 5,-and by approval of the Florida Fish
209 Wildlife Conservation Commission c as been directedy the Florida State
0 Legislature to establish a Pilot ProgKam to explore potential options foLiggglatin& the
211 anchoring or mooringof non-livea o vessels outside the marked boundaries of public
212 mooripgfields. These restrictions are deemed to be necessary_jQ_protect the public
13 health,safety welfare. These restrictions also include the jMlation of liveaboard
214 vessels and floatings c es, as rovi ed for in F.S. § 327.60(3).
21
216 Sec. 26-101. Definitions.
217
218 Proofof pumpout means an accpptable form of proofthat a vessel has had its vessel
219 sews " e le ally pumped out, or is os of (in the case of a Porta-Potti or other portable
220 toilet)'. Accgptable forms of 'roof include out registration sticker or tgg issued
_221 the City of Key West, City of Marathonor Monroe County pqmpout programs indicating
_22 that the vessel receives routine puMpouts, or a out receipt o out facility
2 (including ale toilet'dg= stations or ppmpout vessel within the past ten I QjAays.
24
25 Derelict Vessel means any vessel,_as defined in F.S.327; tat is left,store r
226 abandoned:
227 Da In a'wreckLdjunkedsubstantially is tie condition 11gon p
y public
228 waters of this state.
22 t any port in this state without the consent of the agency -having jurisdiction
230 thereof
231 Up Docked or grounded at or beached upon the property of another without thf!,
232 cI nsent of the owner of the propgty
233
234 Sec. 26-102. Anchoring and Mooring Restricted Areas.
235
236 Oa Managed Anchorin Zones. Managed A-nchoriU- Zones are established for the
237 purpose of protecting the marine environment, enhancing navigational safety, and
238 deterring improperly stored, abandoned, or derelict vessels. Managed Anchoring
239 Zones are created as a tool to regulate anchoring activity in currently unmanaged
240 anchorages.
241
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363 Sec.6- ties.
364
365 Lal A&y personcited for a violation oft is article shall be charged i noncriminal
6 infraction. A written wamingshall be issued to provide the vessel owner 30 d4ys
7 for corrective action r removal of the vessel If corrective action or removal is
368 not accomplished, a Unifonn BoatingCitation a e issued for violations of this
369 ordinance r o F.S. § 327.74y law enforcement e c authorized to
370 issue such citations. Vessel owners will be rovi e i 30) dgys between
371 issuance of citations. Fines associated with citations are establishedfollows:
8
372 (1) First offease- M
373 (2) Second offense- $100
374 (3) Tbird offense-,,,1250
375 (4) Fourth or subsequent offenses- $250 and FWC.-will -,regnest that the owner
376 remove the vessel from the Mangged Anchoring Zone or No-AgLhoring
377 Buffer Zone
378
379 (W A" person who fails to properly reMond to a Uniform Boating Citation issued
380 for a violation of this article shall, in addition to the charge reIMjpZ_jQ_jLe
381 violation of the,boatigg laws of this County, be charged with the offense. of fai■
382 to reVond to such citation and gpon conviction,.be ggilty,of a misdemeanor of the
383 second deglec.punishable, as, provided in F.S. § 775.082 andJ775.083.
384
385 Cel If a law enforcement officer determines that a vessel is derelict, the violation shall
386 be.pLcLcessed in accordance with F.S. § 823.11
387
388 fg) Allowance shall be provided for vessels in need of safe harbor due to severe
389 weather conditions or temoorar mechanical issues which may otherwise prohibit
390 a vessel from safely departigg a managed anchoring zone.
U, N 9i'l F, '11101 M11 1111111-Iffiffirs MIN-2110aff now M-M
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Section 2. Severaty. If any section, paragraph, subdivision, clause, sentence or
ordinance, but the effect thereof shall be
clause, sentence, or provision immediately involved in the controversy in which such
judgment or decree shall be rendered.
Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal
of an ordinance herein shall not repeal the repealing clause of such ordinance or revive
any ordinance which has been repealed thereby.
M
418 SectionCodification. The provisions of this ordinance shall be included
419 incorporated into the Coe of Ordinances of Monroe County; Florida and shall be
420 numbered to conform it the uniformnumbering system of the Code.
2_
22 Section 6. Expiration ate. The FWC PilotProgram is scheduled to expire on July
423 1, 2014, unless extended y the Florida State Legislature, This ordinance shall expire or
424 be extended concurrently with e FWC PilotProgram.
425
7
428 Attachments A and B are specifically incorporated rei as mentioned in the text
9 oft e ordinance above.
430 SECTION
1
32 Severability, If any section, , subdivision, clause, sentence or provision oft is
3 ordinance sall be adjudged by any court of competent jurisdiction to be invalid, such
434 judgment shall not affect, impair, invalidate, or nullify the remainder oft is ordinance,
435 but the effect thereof shall be confined o the section, paragraph, subdivision, clause,
436 sentence, or provision immediately involved the controversy in whichsuch judgment
37 or decree shall be rendered.
3
39 SECTION 4
440
1 Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict with
442 this ordinance are hereby repealed o the extent of said conflict, The repeal of an
443 ordinance herein shall not repeal the repealing clause of such ordinance or revive any
444 ordinance which has been repealed ere .
45
4
7
S Filing Effective Date. This ordinance sall be filed in the Office of the Secretary o
449 the State of Florida and shall become effective as provided by law.
5
51 SECTION 6
452
53 History Notes. This ordinance sa e sent to Municipal Code Corporation to include this
454 ordinance in the history notes along withOrdinance 036-2012 in the Monroe County
455 Code.
5
5
5
9
460
461
1
463 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
4 Florida at a regular eeti g held can the 2 th day of February, 2013
465
466 Mayor George Neugent
467 Mayorpro tem Heather Carruthers
468 Commissioner avid Rice
469 Commissioner Danny L. i ehlage
470 Commissioner Sylvia Murphy
1
47
473 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
474
45
76 attest:.A AVIL , CLERK
477
478 By By
479 Deputy Clerk Mayor George Neugeut
Ica Chica Harbor
Attachment A- p.1
Key West Harbor
Attachment - p.2
Caw Key Channel
Attachment - p.3
coat car
Attachment A- p.4
Boot Key Harbor
Attachment B- Maps of No Anchoring Buffer Zones
Attachment - pd
Key.West _Mooring Field/Segplane Basin
Attachment - p.2
Ica Chica Basin
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300
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303
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310
311
312
313
314
316
317
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319
320
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322
323
(1) No -Anchoring Buffer Zones shall be established in the following-describcd
geographic areas. Maps delineating e No Anchoring Zones are attached
hereto as Attachment B. and are incorporated herein by reference and will be
made _ available
fieldsa. Boot Key Harbor: To include a ot (50') wide area immediately
adjacent to, and outside of, the perimeter of the east and west mooring
# the leased anchoring
bSeaplane Basin: To include the area of Garrison Bight known as the
Seaplane Basin occurring north of the Key West shoreline, east of the
Fleming Key shoreline, south of north of
Garrison Bight mooring field boundary markers C and D, and west of
+ i ..... Park.
c. Boca Chica Basin: To include the body of water occurring between Stock
Island and Boca Chica Key (excluding Navy restricted areas) south of
U.S. Highway 1, east of the western edge of the arc of the NAS Key West
APZ, east of aline intersecting the Navy APZ at 240 34.10'N 81'43.35'
43.15' W, and west of the western edge of Boca Chica Channel and the
Navy restricted area (which includes Boca Chica Channel and the Navy
mooring field basin).
No anchoring or mooring of any kind (vessels or floating structures) except
for vessels mooring within established permitted public mooring fields by
permission of the mooring field owner or manager, vessels within a leased
anchoring area associated with a mooring eld, commercial vessels (e.g.
barges) engaged in marine related work, military operations, vessels anchored
for the purpose of fishing or other recreational activities (but not overnight),
or in the case of an emergency (eg. weather, mechanical, medical) causing the
need for a vessel to temporarily anchor.
wo NOW
(a) Any person cited or a violationis article shall be charged with a noncriminal
infraction. A wr`tt _ warning shall be issued o provide the vessel owner
for corrective action or removal vessel. If corrective actionremoval
not accomplished,Uniform Boating Citation may be issued for violations of this
ordinancet to F.S. § 327.74 by any law enforcement e cauthorized to
issue such citations. Vessel owners will be ) days between
issuance of citions. Fines associatedi citations are establishedfollows:
7
8
371
372
3
374
37
376
377
7
7
39
31
382
3
384
385
386
37
398
389
390
391
392
9
394
39
9
37398
oal C"fication. The provisions of this ordinancel be included
incorporated into the Code of Ordinances of Monroe County, Florida and shall be
numberedto conformthe uniform numbering m of the Codc
.,.,. jig?i Expiration Date, The FWC Pilot Program is scheduled to expire on July
1, 2014, unless extended by the Floridato Legislature. ordinance shall expire or
be extended concurrently with the FWC Pilot
PASSED _ by the Board of County Commissioners of Monroe County,
Florida at a regular meetingheld on the l7th day of October, 2012.
Mayor David 'Yes
Mayorpro torts Kim igi Yet
Commissioner George Neugent
ComatissionerY r Carruthers
Commissioner ylvia Murphy Yes
COUNTYMONROE COUNTY BOARD OF COMMISSIONERS
KOLHAGE, CLERK
By
Deputy Clark
STATE OF FLORIDA
COUNTY OF 14SONROE
This Copy is a Tree rosy of the
Original on File in -.his Office. Witness
my hand and 0,01caal Seal
This ellY of r TM 4
,} Zx,IL
DtkNNY 4.15ULH GE
Clork 34rcui ov
BY
. I
By
loiiiiWavid Rice
11
Attachment A- Maps of Managed Anchoring ones
Bo C_higg, Harbor
Attachment - p.1
M��M
Cow Key,,Channel
Attachment .
Boot Key Harbor