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Ordinance 043-2019 1 3. 3 �_ 5 6 7 ORDINANCE NO. 043 -2019 8 9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 10 COUNTY COMMISSIONERS AMENDING CHAPTER 26 11 OF THE MONROE COUNTY CODE OF ORDINANCES TO 12 CREATE SECTION 26-71(b)(8); ESTABLISHING A 13 BOATING RESTRICTED AREA("SLOW 14 SPEED/MINIMUM WAKE ZONE") FOR ALL MAN-MADE 15 INTERNAL CANALS AND BASINS OF DUCK KEY; 16 PROVIDING FOR SEVERABILITY; PROVIDING FOR 17 REPEAL OF CONFLICTING PROVISIONS 18 INCONSISTENT HEREWITH; PROVIDING FOR 19 INCORPORATION INTO THE CODE OF ORDINANCES; 20 PROVIDING FOR TRANSMITTAL TO THE SECRETARY 21 OF STATE; AND PROVIDING FOR AN EFFECTIVE 22 DATE. 23 24 WHEREAS, the Board of County Commissioners of Monroe County, Florida 25 ("Board" or"BOCC"), is the legislative body of Monroe County, Florida; and 26 27 WHEREAS, Section 327.46(1)(c), Florida Statutes, provides authority for local 28 governments to establish, by ordinance, certain boating-restricted areas. Such ordinances 29 must be permitted by the Florida Fish and Wildlife Conservation Commission ("FWC"), 30 and must meet the requirements of Fla. Admin. Code R. 68D-21.001 (Oct. 6, 2010); and 31 32 WHEREAS, at the its regular July 18, 2018,public meeting, the BOCC approved 33 directing the Monroe County Marine Resources Office to proceed with processing the 34 creation of a Slow Speed/Minimum Wake boating-restricted area exclusively for Duck 35 Key's internal canals and boat basins; and 36 37 WHEREAS, staff has prepared a draft Slow Speed/Minimum Wake ordinance 38 exclusive to Duck Key's internal canals and boat basins and has submitted said draft 39 ordinance (along with additional necessary documentation as required under Fla. Admin. 40 Code R. 68D-21.001 (Oct. 6, 2010)) to the FWC for preliminary review prior to the 41 BOCC holding a public hearing to consider adoption of an ordinance establishing a slow 42 speed/minimum wake zone for Duck Key's man-made internal canals and basin(s); and 43 44 WHEREAS, the FWC has determined that the above-referenced submitted draft 45 ordinance meets the criteria of Fla. Admin. Code R. 68D-21.001 (Oct. 6, 2010); and 46 1 of 3 47 WHEREAS, pursuant to its constitutional, statutory, and judicially-established 48 police power(s), the Board finds that amending Chapter 26 of the Monroe County Code 49 of Ordinances to establish a slow speed/minimum wake zone exclusively for Duck Key's 50 man-made internal canals and basin(s) is in the public interest; 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD 53 OF COUNTY COMMISSIONERS: 54 55 SECTION 1. -Recitals and Legislative Intent. The foregoing recitals and statements of 56 legislative intent are true and correct and are hereby incorporated as if fully stated herein. 57 58 SECTION 2. -Title. This Ordinance shall be titled the"Duck Key Slow 59 Speed/Minimum Wake Zone Boating-Restricted Area Ordinance." 60 61 SECTION 3. - Creation. That Article III, entitled "Vessel Restricted Areas,"of Chapter 62 26 of the Monroe County Code of Ordinances,entitled"Waterways," is hereby amended 63 as follows: 64 65 CHAPTER 26 -WATERWAYS 66 67 ARTICLE III. - VESSEL RESTRICTED AREAS 68 69 Sec. 26-71 -Boating restricted zones established. 70 71 (b) Slow speed/minimum wake zones. No person shall operate a vessel in the 72 following areas spatially defined as "slow speed/minimum wake zones" at a 73 speed in excess of slow speed/minimum wake as defined in this chapter: 74 (1) Snake Creek: To include the entire width of Snake Creek, from 100 feet 75 south of the Snake Creek Bridge at U.S. Highway 1, to 100 feet north of the 76 residential shoreline of the Venetian Shores subdivision, Plantation Key. 77 (2) Vaca Cut: Extending the length of Vaca Cut, Marathon from the 78 regulatory marker located approximately 1,250 feet south of the Vaca Cut 79 Bridge to the regulatory markers located approximately 800 feet north of 80 the Vaca Cut Bridge. 81 (3) Whale Harbor: To include the area just north of the Whale Harbor Bridge 82 and extending south the length of the Whale Harbor navigation channel to 83 ATON number 1. 84 (4) Boot Key Harbor and Sister's Creek: To include all waters within Boot 85 Key Harbor including contiguous creeks and manmade canals, and 86 including approaches to the Harbor from the West beginning at Day Beacon 87 No. 7 and from the South, Sister's Creek beginning at Day Beacon No. 4. 88 (5) Cow Key Channel: To include Cow Key Channel north of the Cow Key 89 Channel Bridge at U.S. Highway 1 and ending at Day Beacon No. 11, south 90 of the Cow Key Channel Bridge. 2of3 91 (6) Adams Waterway: To include the entire area known as Adams Waterway, 92 Key Largo, leading from Blackwater Sound on Florida Bay to Largo Sound 93 on the ocean side of the Island of Key Largo. 94 (7) All man-made canals: To include all canals of Monroe County within the 95 Florida Keys, of less than seventy-five feet in width from shoreline to 96 shoreline (as per F.S. § 327.46). 97 (8) Duck Key: To include all manmade canals and boat basins internal to Duck 98 Key. 99 100 SECTION 4. -Inconsistency,Partial Invalidity,Severability, and Survival of 101 Provisions. If any provision of this Article, or any portion thereof, is held to be invalid or 102 unenforceable in or by any administrative hearing officer or court of competent 103 jurisdiction, the invalidity or unenforceability of such provision, or any portion thereof, 104 shall neither limit nor impair the operation, enforceability, or validity of any other 105 provision of this Article, or any remaining portion(s)thereof. All other provisions of this 106 Article, and remaining portion(s) thereof, shall continue unimpaired in full force and 18i effect. 109 SECTION 5. -Repeal of Inconsistent Provisions. All ordinances or parts of ordinances 110 in conflict with this ordinance are hereby repealed to the extent of said conflict. The 111 repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or 113 revive any ordinance which has been repealed thereby. 114 SECTION 6. - Captions and Paragraph Headings. Captions and paragraph headings, 115 where used herein, are inserted for convenience only and are not intended to descriptively I}§ limit the scope and intent of the particular paragraph or text to which they refer. 118 SECTION 7. -Inclusion in the Monroe County Code of Ordinances. The provisions 119 of this ordinance shall be included and incorporated into the Code of Ordinances of 120 Monroe County, Florida, and shall be numbered to conform with the uniform numbering HIsystem of the Code. 123 SECTION 8. - Effective Date.This ordinance shall be filed in the Office of the 131 Secretary of the State of Florida and shall become effective as provided by law. 126 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 127 Florida, at a regular meeting held on the 20th day of November, 2019. 128 129 Mayor Heather Carruthers Yes 130, ` . Mayor pro tern Michelle Coldiron Yes es 440,-,'t� r'`� Commissioner Danny L. Kolhage Absent a'j: '2? & °J-,,.:1) \;;., Commissioner David Rice Yes rr- a; t' o" rri '1' 3 t3 ; (/ ! r 114 Commissioner:Sylvia J. Murphy Yes ' w5`b1 tilMi Q COUNTY BOARD OF COUNTY COMMISSIONERS r'c230 137 ,t st` IN MADOK, CLERK `.. �' k� N a 138 r r;:, ti,.� a� ; 139 By:�� By: o 140 Deputy Clerk Ma..or H: r Carruthers 3 of 3 iviONROE COUNTY ATTORNEY APP VED AS TO FORM V173/7/f LLL KEY9WEST 4x RECEIVED The Florida Keys Only Daily Newspaper, Est. 1876 N O V 21 2019 PO Box 1800,Key West FL 33041 P:(305)292-7777 ext.219 F:(305)295-8025 legals@keysnews.com MONROE COUNTY ATTORNEY MONROE CO PLANNING DEPT MURRY E NELSON GOVERNMENT CENTER 102050 OVERSEAS HWY KEY LARGO FL 33037 . t-. • Account: 138694 Ticket: 318880 . PUBLISHER'S AFFIDAVIT STATE OF FLORIDA [legal.text] COUNTY OF MONROE Bef re the ndersig a authority personally appeared ,who on oath says that he or she is of the Key West Citizen,a daily newspaper publish d in Ke est, in Monroe County, Florida;that the attached copy of advertisment, bein legal notice in the matter of was published in said newspaper in the issues of: Sunday, November 3,2019 V Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspapers has hereto- fore been continuously published in said Monroe County, Florida every day,and has been entered as periodicals 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 affiant further says that he or she has neither paid nor promised any person,firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publica- tion in the said n er. (S. nature of Affiant) ' -d :lid 011yied before me this 4th day of November 2019 iL I. iieviiliti4 (Not; Public ignatury' o •)_;.d✓'/1 _ // /f (No ary P bl c Printed Name) // (Notary Seal) My commission expires ClC `( o . Personally Known X Produced Identification_ 704 AT•,' Suelynn Stamper Type of Identification Produced _K x COMMISSION GG232802 y' ';;,a .,.����� EJune 27,.2022 Aaron Notary MONROE COUNTY " BOARD OF COUNTY COMMISSIONERS NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING NOTICE OF CHANGE TO MONROE COUNTY CODE OF ORDINANCES November 20, 2019 NOTICE IS HEREBY GIVEN that on Wednesday.November 20,2019 the Monroe County Board of County Commissioners will hold a Public Meeting at the Harvey Government Center,1200 Truman Avenue,Key West,FL 33040 to review and receive public comment for the following items: PUBLIC HEARINGS:1:30 PM(or as soon thereafter as may be heard): AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUN- TY COMMISSIONERS AMENDING CHAPTER 26 OF THE MONROE COUNTY CODE OF ORDINANCES; ESTABLISHING A BOATING RE- STRICTED AREA (SLOW SPEED/MINIMUM WAKE ZONE) FOR ALL MAN-MADE CANALS AND INTERNAL WATERWAYS OF DUCK KEY; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF INCON- SISTENT PROVISIONS; PROVIDING FOR FILING AND AN EFFECTIVE DATE;PROVIDNG FOR CODIFICATION. A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MAKING CERTAIN FINDINGS AND DESIGNATING THE PROPERTY LOCATED AT 10 BEI IY ROSE DRIVE, BIG COPPITT KEY,WITH PARCEL ID NO.00120940-000201,00120940-000100,AND 00120940-000302, LOCALLY KNOWN AS THE QUARRY, PURSUANT TO SECTION 376.80, FLORIDA STATUTES, FLORIDA'S BROWNFIELD REDEVELOPMENT ACT, FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION,JOB CREATION AND PROMOTING ECONOMIC RE- DEVELOPMENT;AUTHORIZING THE COUNTY CLERK TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OF SAID DESIGNATION;PROVIDING FOR IMPLEMENTATION;AND PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-207)See Map 1 below MAP 1 Rockland Key Mile Marker 9 00120940-000302 4N . 00120M0100 i 00120940 -0 i r -.y iI�-i° t y(:1 ' Copies of the above are available at the Monroe County Planning De- partment offices in Marathon and Key Largo during normal business hours and online at: www.monroecounty-fl.gov Pursuant to Section 286.0105 Florida Statutes,if a person decides to ap- peal any decision of the Board of County Commissioners,with respect to any matter considered at the meeting or hearing,he or she will need a re- cord of the proceedings,and that,for such purpose,he or she may need to insure a verbatim record of the proceedings is made, which record includes the testimony&evidence upon which the appeal is to be based. ADA ASSISTANCE:If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office,by phoning(305) 292-4441,between the hours of 8:30 a.m.-5:00 p.m.,no later than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired,call"711." S�.S GOURTQ`11 Kevin Madok, CPA 'i' �`��•* Clerk of the Circuit Court&Comptroller— Monroe County, Florida 1`‘\��EaOUN`-i December 5, 2019 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. 043-2019 amending Chapter 26 of the Monroe County Code of Ordinances to create Section 26-71(b)(8); establishing a boating restricted area("Slow Speed/Minimum Wake Zone") for all man-made internal canals and basins of Duck Key; providing for severability;providing for repeal of conflicting provisions inconsistent herewith;providing for incorporation into the Code of Ordinances; providing for transmittal to the Secretary of State; and providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting,held in formal session, on November 20, 2019. 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: Municipal Code Marine Resources County Attorney BOCC File KEY WEST MARATHON • PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 4, V'i waa� FLORIDA DEPARTMENT 0 TA'TE � N RON DESANTIS LAUREL M. LEE Governor Secretary of State December 5, 2019 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pam Hancock Dear Mr. Madok Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 043-2019, which was filed in this office on December 5, 2019. 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 From: ords2municode.com To: Pete rs-Kajteri ne2 mon roecou ntv-fl.a ov; Pam Hancock Subject: Monroe County,FL Code of Ordinances-2008(14298)Supplement 20 Update 3 Date: Friday,December 06,2019 1:44:54 PM Attachments: ATT00001.bin ATT00002.bin THIS IS AN AUTOMATICALLY GENERATED EMAIL Below, you will find the material that we have received/recorded to your account. This material is being considered for inclusion in your next/current update, Supplement 20 Update 3 Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly.