Item L08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 19 February 2003
Bulk Item: Yes ---K- No
Division:
Growth Manal!ement
Marine Resources
Department
AGENDA ITEM WORDING:
Approval to advertise an Ordinance amending Chapter 5.5 to create a new Combustion Vessel Exclusion Zone
for portions of the area surrounding Whale Harbor Channel lying between Windley Key and Upper Matecumbe
on the ocean side of the islands c:md to modify two definitions concerning Combustion Vessel Exclusion Zones.
I
ITEM BACKGROUND:
Extensive boater use in the Whale Harbor Channel area has been a point of concern for some time. Current
concerns revolve around the use of the shallow-water flats areas broadly surrounding the channel and the
conflicting interaction between boaters who like to use the shallow sand bar at the margin of the channel and
those who are in transit through the area.. The solution to the problem, particularly for the days when the area is
most heavily used, is a combination of stronger on the water enforcement, the establishment of an additional
regulatory zone, and a minor realignment of the channel to widen it slightly. The Sheriffs Office and the Fish
and Wildlife Commission have committed to enhanced enforcement. The combustion Engine Exclusion Zone
ordinance will help protect the shallow areas while still allowing the use of the sand bar. Widening the Channel
will provide for better access through the channel, while focusing the use of the sand bar further away from the
center of the channel.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
COST TO COUNTY:
None
BUDGETED: Yes
SOURCE OF FUNDS:
No
None
REVENUE PRODUCING: Yes
APPROVED BY: County Atty ---K-
DIVISION DIRECTOR APPROVAL:
No ---K- AMOUNT Per Month
Year
Ti
L8
DOCUMENTATION: Included-L
DISPOSITION:
AGENDA ITEM NO.:
BC030230
01/28/038:20 AM
Marine Resources
ORDINANCE NO. 2003
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AMENDING CHAPTER 5.5 MONROE
COUNTY CODE (BOATS, DOCKS, AND WATERWAYS) TO
CREATE A COMBUSTION ENGINE EXCLUSION ZONE ON
SHALLOW AREAS ADJACENT TO WHALE HARBOR
CHANNEL, TO AMEND CERTAIN DEFINITIONS,
PROVIDING FOR SEVERABILITY, PROVIDING FOR
REPEAL OF INCONSISTENT ORDINANCE CLAUSES,
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE, PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the shallow areas adjacent to Whale Harbor Channel receive
extensive use by boaters either in transit through the area or for recreational
purposes; and
WHEREAS, increasing impacts to the shallow areas surrounding Whale
Harbor Channel have occurred as a result of the increased boater activities; and
WHEREAS, user conflicts currently exist between those who transit the
area and those who use the areas adjacent to the Channel; and
WHEREAS, the City of Islamorada, Village of Islands has recognized some
the aforementioned concerns, but does not have jurisdiction to manage them as
they are beyond the Islamorada's 1,200 foot jurisdiction; and
WHEREAS, the Village Council has provided a Resolution
requesting that the County provide specific assistance to resolve the user conflicts
now, therefore,
OrdWhaleHarborCVEZ030219
01/29/0310:59 AM
Marine Resources
BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, MONROE COUNTY, FLORIDA THAT the following
revision is made to Chapter 5.5, Monroe County Code:
Section 1. Revise Chapter 5.5, Article I, (1) and (k) to read as follows:
(i) Motorized vessel means any vessel, which is propelled or powered by
machinery and which is capable of being used as a means of transportation
on water.
(Ie) Combustion Vessel Exclusion Zone means that no person shall operate
a motorized vessel (as defined in Article I of this Chapter), by use of a
combustion engine, or in some cases where specifically established - an
electric motor, in any area spatially defined as "Combustion Engine
Exclusion Zone" and which is so identified as a "Combustion Engine
Exclusion Zone" by appropriate signage.
Section 2 Revise the title of Chapter 5.5-108 (c) to read
(c) Combustion vessel exclusion zones No person shall operate a
motorized vessel in the following areas spatially defined as a "Combustion
Vessel Exclusion Zone."
Section 3
Add the following Section, Sec. 5.5-108 (c) (4) to read:
(4) Whale Harbor Channel "Flats": To include the shallow areas adjacent
to the northeast and southwest sides of Whale Harbor Channel on the
ocean side of U.S. Highway 1. The approximate length of the zone
extends from the Whale Harbor Channel Aids to Navigation Numbers
8 and 9 southeastward to Whale Harbor Channel Aids to Navigation
OrdWhaleHarborCVEZ030219
01/29/0310:59 AM
Marine Resources
Numbers 1 and 2. The width of the zone is defined, on either side of
the channel, by the adjacent shallow areas and the small channels
farther to the northeast or southwest of the Whale Harbor Channel.
The zones are approximately triangular on either side of Whale
Harbor Channel. The Zones will specifically exclude the areas known
as the "Sand Bar," shallow, sandy areas immediately contiguous to
Whale Harbor Channel on either side.
Section 2. Severability
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 3. Repeal of inconsistent ordinance clauses.
All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby
repealed to the extent of said conflict.
Section 4. Inclusion in the Monroe County Code.
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.
OrdWhaleHarborCVEZ030219
01/29/0310:59 AM
Marine Resources
Section 5. Effective date.
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.
PASSED AND ADOPTED by the Board of County Commissioners, Monroe
County, Florida at a regular meeting of said Board held on the 19th
day of
March , A.D., 2003.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner Charles McCoy
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MA YOR/CHAIR PERSON
(SEAL)
ATTEST:
DANNY 1. KOLHAGE, CLERK
BY:
DEPUTY CLERK
tt~
L SU JCIEN
ATTORNEY'S OFFICE
OrdWhaleHarborCVEZ030219
01/29/0310:59 AM
ATTACHMENT A
Map of Boating Restricted Area
for
The Holiday Isle Sandbar
0.1 0 0.1 0.2 0.3 0.4 0.5 Miles
I I
N
W+E
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