Item B10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 19 July 2001
Division:
Growth Management
Bulk Item: Yes X
No
Department: Marine Resources
AGENDA ITEM WORDING:
Approval to advertise an ordinance adopting the Dove Creek Idle Speed/No Wake and No Motorized
Vessel Zones.
ITEM BACKGROUND:
At the May meeting of the Board of County Commissioners, the Board approved the development of
an Idle Speed No Wake Zone and a No Motorized Vessel Zone for different portions of Dove Creek,
Key Largo. The ordinance will be heard at the August Key Largo meeting.
PREVIOUS RELEVANT BOCC ACTION:
June 2001 - Approval of Concept
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval to Advertise Ordinance
TOTAL COST:
None
BUDGETED: Yes
No
COST TO COUNTY: None
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
DOCUMENTATION:
Included
Risk Management NA
rowth Management .~uJj-
r~7j;~
NotRequired_ ' /
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
X
AGENDAITEM#~ /1fJ
DISPOSITION:
ORDINANCE NO. -2001
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS,
CREATING A BOATING RESTRICTED AREA (IDLE SPEEDINO WAKE
AND LIMITED MOTORBOAT USE) FOR ALL OF DOVE CREEK AND
ADJOINING CANALS; PROVIDING FOR DEFINITIONS; PROVIDING
THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
HARMLESS FROM ANY LIABILITY INCURRED FROM THE
NEGLIGENT POSTING OF BOATING RESTRICTED MARKERS;
PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND PROVIDING AN EFFECTIVE DATE.
Whereas, Dove Creek is a very narrow and ecologically sensitive waterway and is used by
kayakers, and is intersected by a canal with several residences, and vessels traveling through the
creek and canal at higher speeds create a dangerous situation; and
Whereas, in order to protect the public health and safety, the Board of County Commissioners of
Monroe County has determined that it is necessary to create a boating restricted area (Idle
SpeedINo Wake and Limited Motorboat Use) in the area described in Exhibit A
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. Definitions.
(a) "Idle SpeedINo Wake" means that a vessel cannot proceed at a speed greater than that speed
which is necessary to maintain steerageway.
(b) "Motorboat" means any vessel, which is propelled or powered by machinery and which is
used or capable of being used as a means of transportation on water.
(c) "Vessel" has the definition set forth in sec. 5.5-1(a)(3).
Section 2. Idle SpeedlNo Wake and Limited Motorboat Use restricted areas established.
No person shall operate a vessel in the idle speed/no wake boating restricted area at a speed in
excess of idle speed/no wake. No person shall operate a vessel in the no motorboat restricted
area using the vessel's propulsion system. The boating restricted areas are hereby established to
be all waters of Dove Creek, including the adjoining residential canal and the lake at the upper
end of Dove Creek. The idle speed/no wake boating restricted area includes the western section
of Dove Creek and the residential canal. The limited motorboat use restricted area includes the
eastern section of Dove Creek and the adjoining lake. These restricted areas are indicated in
Exhibit A. A map reflecting the boundaries of the restricted area shall be available at the County
Department of Marine Resources.
Section 3. Idle SpeedlNo Wake and Limited Motorboat Use Markers.
The idle speed/no wake and limited motorboat use boating restricted areas described in exhibit A
shall be marked on the waters with uniform regulatory markers in accordance with applicable
state and federal laws and regulations.
Section 4. Hold Harmless Agreement Authorized.
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 SpeedINo
Wake and Limited motorboat Use boating restricted areas described in Exhibit A, the County
hereby consents and agrees to hold the Department harmless from fault with respect to any claim
or 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.
Section 5. Penalties
a) Any person cited for a violation of this ordinance shall be deemed charged with a
noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear
before the county court. Citations shall be issued pursuant to Sec. 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.
b) Any person cited for an infraction under this section may:
(1) Post a bond, which shall be equal in amount to the applicable civil penalty; or
(2) Sign and accept a citation indicating a promise to appear.
The officer may indicate on the citation the time and location of the scheduled hearing and
shall indicate the applicable civil penalty.
c) Any person who willfully refuses to post a bond or accept and sign a summons is guilty of a
misdemeanor of the second degree.
d) Any person charged with a noncriminal infraction under this section may:
(1) Pay the civil penalty, either by mail or in person within ten (10) days of the date of
receiving the citation, or
(2) Ifhe has posted bond, forfeit bond by not appearing at the designated time and location.
If the person cited follows either of the above procedures, he shall be deemed to have
admitted the infraction and to have waived his right to a hearing on the issue of commission
of the infraction. Such admission shall not be used as evidence in any other proceedings.
e) 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).
f) At a hearing under this chapter the commission of a charged infraction must be proved
beyond a reasonable doubt.
g) If a person found by the county court to have committed an infraction, he may appeal that
finding to the circuit court.
Section 6. ExemptioDs
This ordinance shall not apply in the case of an emetgency or to a pa~l or rescue ci'aft.
~~oo7: ,
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 8:
All ordinances or partS of ordinances in confJ,ict with this Ordinance are hereby repealed to the
extent of said conflict
Section 9: " I
The provisions of this ordinance $haU be included and incorporated in the Code of Ordinances of
the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbering system ofthc code..
Section 10:
The Clerk of the Board shall file a ~ertified copy of this ordinance in the Office of the Secretaty
of State of the State of Florida. I ,
PASSED AND ADOPTED by the Board of County Commissioners at a regular meeting of the
Board held on the ~ day of , 200'_
Mayor George Neugent
Mayor Pro Tem Nora Williams
Comntis,ioner Charles McCoy
Commissioner MumlY NelSon
Commissioner Dixie Spehar
(SEAL)
A ITEST: DANNY O. KOLHAG~ CLERK.
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
EFFECTIVE DATE:
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