Item N6Meeting Date:
19 March 2003
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Division: Growth Management
Bulk Item: Yes X No Department Marine Resources
AGENDA ITEM WORDING:
Approval to advertise an Ordinance o revise Chapter 5.5, Boats, Docks and Waterways to reinstate a previously
codified Slow Speed, Minimum a Zone in Adams Waterway, Key Largo that was inadvertently eliminated
during recent Code revisions
ITEM BACKGROUND:
During revisions to Chapter 5.5,,Boat, Docks and Waterways an existing regulatory zone for Adams Waterway
was inadvertently removed fro,�i the Chapter. The attached Ordinance reinstates it a regulatory zone approved
by the County and authorized by the State and U.S. Coast Guard. The lapse of authority creates a significant
concern and confuses enforcemlent issues in the area.
PREVIOUS RELEVANT BOCC ACTION:
1995 — Approval of the Marvin D. Adams Regulatory Zone
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Approval to hold a public hearing on April 16, 2003 at 3:00 p.m. at The Harvey Government Center at Historic
Truman School
TOTAL COST: NA BUDGETED: Yes No
COST TO COUNTY: NA SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
APPROVED BY:
County Atty X
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
DISPOSITION:
Included X
No X AMOUNT Per Month Year
BC030370
03/04/03 3:30 PM
Marine Resources
ORDINANCE NO. 2003
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COMMISSIONERS MAKING A REVISION TO CHAPTER 5.5
MONROE COUNTY CODE (BOATS, DOCKS, AND
WATERWAYS) TO REINSTATE THE ADAMS WATERWAY
SLOW SPEED MINIMUM WAKE REGULATORY ZONE,
PROVIDING FOR SEVERABILITY, PROVIDING FOR
REPEAL OF INCONSISTENT ORDINANCE CLAUSES,
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE, PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, in order to protect the public health and safety, the Board of
County Commissioners created a boating restricted area at Adams Waterway,
adopted as part of Chapter 5.5, Boats, Docks, and Waterways; and
WHEREAS, the Adams Waterway Regulatory Zone was inadvertently
removed from the Code of Ordinances in a recent revision to the Chapter.
WHEREAS, the Adams Waterway Regulatory Zone is still in existence, but
now unenforceable as a result of the inadvertent action; now, therefore,
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. Add Sec. 5.5-108 (b) (6) to read:
Adams Waterway: To include the entire area known as Adams Waterway, Key
Largo, leading from Blackwater Sound on Florida Bay to Largo Sound on the
ocean side of the Island of Key Largo
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Marine Resources
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.
Section S. 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.
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Marine Resources
PASSED AND ADOPTED by the Board of County Commissioners, Monroe
County, Florida at a regular meeting of said Board held on the 16th _ day of
April _, A.D., 2003.
Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson
Commissioner George Neugent
Commissioner Charles McCoy
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
MAYOR/CHAIR PERSON
(SEAL)
ATTEST: DANNY 1. KOLHAGE, CLERK
Lt i
DEPUTY CLERK.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
B
ATTO CF.
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TIT 3`1Hd 9I S£Z6ZS0£ - O I 201 dA0 A11V AiNnon 7ONNOW - WO8d S b : 60 £0-£ I -NNW
Marine Resources
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