Item M18
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 21 May 2003
Division:
Growth Management
Bulk Item: Yes -X- No
Department:
Marine Resources
AGENDA ITEM WORDING:
Request to advertise an Ordinance revising Chapter 5.5-17, Boat, Docks and Waterways, to eliminate the
definition of "navigable canal," substituting the definition "man-made water body" and to further revise the
Chapter to consolidate all definitions within the Chapter into Article I of the Chapter.
ITEM BACKGROUND:
It has become apparent that the definition of "navigable canal" within Chapter 5.5 as it relates to required
trimming of canal vegetation, is too broad and is leading to enforcement issues that were never anticipated when
the Ordinance was drafted. An existing definition, "man-made water body," within the Chapter serves the
purpose of the canal trimming section of the Chapter. In addition, this Ordinance will further revise the Chapter
to consolidate all definitions within the Chapter into Article I of the Chapter.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance 42-2001
Ordinance 31-2002
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
None
BUDGETED: Yes
No
COST TO COUNTY:
None
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No -X- AMOUNT Per Month
Year
APPROVED BY: County Atty -X-
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included -X- To Follow
DISPOSITION:
AGENDA ITEM NO.:
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.
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Marine Resources
ORDINANCE NO. 2003
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AMENDING ARTICLE II, SECTION 5.5-17,
BOATS, DOCKS, AND WATERWAYS, ELIMINATING THE
TERM AND DEFINITION "NA VIGABLE CANAL" AND
REPLACING IT INSTEAD WITH THE TERM AND THE
DEFINITION "MAN MADE WATER BODY" AS CURRENTLY
ESTABLISHED IN ARTICLE I OF THE CHAPTER, FURTHER
AMENDING THE CHAPTER TO MODIFY CERTAIN ARTICLES
AND SECTIONS THROUGHOUT THE CHAPTER TO MOVE
ALL DEFINITIONS TO ARTICLE I OF THE CHAPTER,
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES,
PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL
OF SECTIONS FOUND INCONSISTENT WITH THIS REVISION,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the term "navigable canal" as defined in Chapter 5.5, 17 is
overbraod and exceeds the intent of the Board of County Commissioners when
adopting the Section; and
WHEREAS, the term "man-made water body" as also defined in the Chapter
better defines the intent of the Board in adopting an Ordinance requiring that man-
made canals be maintained for unobstructed navigation; and
WHEREAS, it is the intent of the Board to consolidate the Code, such as
definition sections, for simplicity of use, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, FLORIDA THAT REVISIONS TO CHAPTER 5.5
OCCUR AS FOLLOWS:
Section 1. Revise Chapter 5.5, Article I to add definitions as follows:
Commercial vessel means: (1) any vessel primarily engaged in the taking or
landing of saltwater fish or saltwater products or freshwater fish or freshwater
products, or any vessel licensed pursuant to [F.S.] S 370.06 from which
commercial quantities of saltwater products are harvested, from within and without
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Marine Resources
the waters of this state for sale either to the consumer, retail dealer, or wholesale
dealer; (2) any other vessel, except a recreational vessel as defined in this section.
Manager means the manager and/or management staff of the land based facility
authorized by separate resolution and/or agreement to operate, manage and
maintain any county mooring field(s).
Mooring jield(s) means areas in and adjacent to Monroe County installed mooring
systems, including designated anchoring areas. These areas may include both
county and state owned submerged lands, but shall exclude privately owned
submerged lands. The delineation, implementation and management of county
mooring fields will be approved by the state.
Real Property Owner means any part owner, tenant in common, tenant in
partnership, joint tenant or tenant by the entirety, with legal or beneficial title to the
whole or to part of real property.
Recreational vessel means any vessel: (a) Manufactured and used primarily for
noncommercial purposes; or (b) Leased, rented, or chartered to a person for the
person's noncommercial use.
Residential area means any area designated improved subdivision, suburban
residential or suburban residential limited, sparsely settled, urban residential, and
urban residential mobile home under the Monroe County land development
regulations.
Seaworthy condition means that a vessel is in good condition and capable of the
use for which it was designed.
Section 2. Include definitions, existing or to be included in Article I, as referenced
in Ordinance 006-2003, but revised herein:
Motorized Vessel 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.
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
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-
defined as "Combustion Vessel Engine Exclusion Zone" and which is so identified
as a "Combustion Vessel Engine Exclusion Zone" by appropriate signage.
Section 3. Replace 5.5-16 (a) Dejinitions with the following text:
( a) Definitions shall apply as provided in Article I of this chapter or as referenced
from other chapters as appropriate.
Section 4. Replace 5.5-17 (a) Dejinitions with the following text:
(a) Definitions shall apply as provided in Article I of this chapter or as referenced
from other chapters as appropriate.
Section 5. Revise Section 5 .5-17 (b) to read as follows:
(b) Prohibition on causing or permitting trees to interfere with vessels upon any
man-made waterbody. No real property owner may cause, suffer, or permit a tree,
trees or other vegetation, to grow, or otherwise extend, from his or her real
property into or over a man-made water body in such a way or manner as to
constitute a navigational hazard to, or to interfere with, vessels engaged in a
journey or ride upon the man-made water body.
Section 6. Replace 5.5-46. Definitions, with the following text:
Definitions shall apply as provided in Article I of this chapter or as referenced
from other chapters as appropriate.
Section 7. Replace 5.5-77. Definitions, with the following text:
Definitions shall apply as provided in Article I of this chapter or as referenced
from other chapters as appropriate.
Section 8. Revise Chapter 5.5-108 (c) as follows:
Combustion Engine Vcsscl Exclusion Zones: No person shall operate a motorized
vessel in the following areas spatially defined as "combustion engine vessel
exclusion zones."
Chapter 5.5, 108 (c) (1) through (4) are retained intact.
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Section 9. 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 10. 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 11. 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 12. 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 21 st day
of May , A.D., 2003.
Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MA YOR/CHAIR PERSON
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
BY:
DEPUTY CLERK
APPROVED AS TO FORM AND
LEG't SU~[CIEN~.
BY~ 7
TTORNEY'S OFFICE
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