Item J06BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 16 October 2002 Division: Growth Management
Bulk Item: Yes X No Department Marine Resources
AGENDA ITEM WORDING:
Request to advertise for a public hearing to consider revisions to Chapter 5.5, Boats, Docks and Waterways,
adding a definitions section, making several minor revisions for consistency, and consolidating numerous
articles concerning regulatory zones into one article.
ITEM BACKGROUND:
This revision to Chapter 5.5 should be considered as an housekeeping exercise. The addition of a definition
section brings definitions provided in the Chapter to a single article in the Chapter for ease of use. Revisions
are made to provide consistency with other state and county regulations. Consolidation of numerous articles
concerning regulatory zones into one article also makes the Chapter easier to use and to revise, when needed, in
the future. No new regulations are proposed or will be adopted as a result of this revision to the Chapter.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Approval
TOTAL COST: None BUDGETED: Yes No
COST TO COUNTY: None
REVENUE PRODUCING: Yes No X AMOUNT Per Month Year
APPROVED BY: County Atty X
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
DISPOSITION:
BCO21030
09/20/02 2:02 PM
yng Risk Management
Timothy McT4rfy,
Included X To Follow
'ectV of Growth Management Q
/
Not Required
AGENDA ITEM NO.:
Marine Resources
ORDINANCE NO. 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 I to read:
Article I. Definitions pertinent to chapter 5.5
Sec.5.5-1: Definitions:
OrdMevision
07/08/02 8:53 AM
Marine Resources
(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, preclud% 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 fornon judicial
sale purposes.
(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:
(I)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;
(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.
Ord55Revision
07/08/02 8:53 AM
Marine Resources
(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).
(I)For the purposes of this chapter, such water bodies may have natural
components, for instance a channel or canal may have been dredged
such that the dredge material was used to create land on one side, but
not the other, thus leaving a relatively natural shoreline on the
opposite side.
(2)Also for the purposes of this chapter, the man-made water body must
have "Buildings, " as defined in Chapter 9.5-4 (B-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, II, 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.
Ord55Revision
07/08/02 8:53 AM
Marine Resources
(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.
(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:
( I) 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.
Ord55Revision
07/08/02 8:53 AM
Marine Resources
(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.
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:
OM55Revision
07/08/02 8:53 AM
Marine Resources
(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.
(I)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
OW55Revision
07/08/02 8:53 AM
Marine Resources
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.
(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.
(I)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 theVaca
Cut Bridge to the regulatory markers located approximately 800 feet
north of the Vaca Cut Bridge.
OM55Revision
07/08/02 8:53 AM
Marine Resources
(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.
(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
OM55Revision
07/08/02 8:53 AM
Marine Resources
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 ofvessel 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.
OrM55Revision
07/08/02 8:53 AM
Marine Resources
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.
(I)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
(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
OM55Revision
07/08/02 8:53 AM
Marine Resources
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 imposed 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.
See.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.
(a) 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.
(a) 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.
(a) 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.
Section 8. Effective date
(a) 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.
OM55Revision
07/08/02 8:53 AM
Marine Resources
PASSED AND ADOPTED by the Board of County Commissioners, Monroe
County, Florida at a regular meeting of said Board held onthe day of
A.D., 2002. '
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie Spehar
Commissioner George Neugent
Commissioner Bert Jimenez
Commissioner Murray Nelson
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
MM
(SEAL)
MAYOR/CHAIR PERSON
ATTEST: DANNY- 1. KOLHAGE, CLERK
BY:
DEPUTY CLERK
Ord55Revision
07/08/02 8:53 AM
APPROVED AS TO FORM AND
LEG CIEN
BY:
ATTORNEY'S OFFICE