Item M4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 17 September 2003
Division:
Growth Management
Bulk Item: Yes ----X- No
Department:
Marine Resources
AGENDA ITEM WORDING:
Approval to advertise an Ordinance for three public hearings amending Chapter 5.5, Boats, Docks, and
Waterways, prohibiting diving and snorkeling within manmade waterbodies and within 300 feet of improved_
residential canals, marinas, and commercial shorelines during the dates of the "Lobster Mini-season."
ITEM BACKGROUND:
Lobster mini-season brings a large number of divers to the Florida Keys. Many of the these visitors dive in
residential canals and along residential and commercial shorelines disturbing the tranquility of neighborhoods
and creating potentially dangerous hazards to navigation. With the large numbers of individuals diving canal
areas in the past concern has been raised that these individuals may be injured by passing vessels. This
Ordinance is modeled after a similar ordinance passed by Islamorada, the Village of Islands.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
None
BUDGETED: Yes
No
COST TO COUNTY:
None
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No ~ AMOUNT Per Month
Year
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
OMBlPurchasing NA Risk Management NA.
j(.~-..~
Timothy McGarry, Director of Growth Management
DOCUMENTATION: Included ~ To Follow
Not Required
DISPOSITION:
AGENDA ITEM NO.:
~;/
BC030920
08/27/0312:49 PM
Marine Resources
ORDINANCE NO. 2003
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
CREATING ARTICLE VB IN CHAPTER 5.5 OF THE
COUNTY CODE OF ORDINANCES, "BOATS, DOCKS AND
WATERWAYS," PROHIBITING DIVING AND SNORKELING
WITIDN MANMADE WATERBODIES, AND WITIDN 300
FEET OF MARINAS, IMPROVED RESIDENTIAL, AND
COMMERCIAL SHORELINES DURING THE ENTIRETY OF
THE TWO-DAY SPORT SEASON FOR SPINY LOBSTER;
PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Marine Fisheries Department of the Florida Fish and
Wildlife Conservation Commission authorizes a two-day sport season each year
for the harvesting of spiny lobster; and
WHEREAS, the Board of County Commissioners finds that the increased
diver and boat traffic in the navigable canals, and within 300 feet of marinas,
improved residential, and commercial shorelines during the two-day sport season
presents heightened public safety problems not generally applicable at other times
of the year; and
WHEREAS, the Board of County Commissioners finds and declares these
public safety problems to constitute a public nuisance, detrimental to the
community as a whole, due to the level of policing and emergency services
required to respond to accidents and collisions that occur because of the close
proximity of divers and vessel traffic in small areas; and
WHEREAS, the close proximity of divers to public and private property, as
well as their interaction and exploration of docks, piers, and bulkheads in search
of spiny lobster, leads to unnecessary destruction of property and deleterious
environmental effects; and
WHEREAS, the Board of County Commissioners declares this unnecessary
destruction of property and the deleterious environmental effects caused in the
navigable canals, marinas, and along improved residential and commercial
shorelines to be a public nuisance; and
WHEREAS, the Board of County Commissionersl finds and declares that
the interaction of divers with publicly and privately owned docks, piers, and
bulkheads, in the canals, marinas, and along improved residential and commercial
shorelines, additionally constitutes the crime of trespass under state law; and
WHEREAS, the Board of County Commissioners finds that the prohibition
of diving and snorkeling does not intrude upon the Florida Fish and Wildlife
Conservation Commission's jurisdiction over the harvesting of spiny lobster and
in fact furthers the Commission's stated intent of protecting and conserving
Florida's spiny lobster resources.
BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA; THAT THE
FOLLOWING SHOULD BE ADDED TO THE MONROE COUNTY CODE
OF ORDINANCES:
Section 1. Add Article VII, Chapter 5.5, "Boats, Docks, and Waterways as
provided immediately below:
Article VII. Diving and snorkeling prohibited during the lobster mini -season.
Sec. 5.5-140: Intent and Purpose
(a) The intent and purpose of this Article is to abate the destruction of
property, deleterious environmental effects, and criminal trespass that
results from the close proximity of divers to public and private property,
as well as their interaction and exploration of docks, piers, and
bulkheads in search of spiny lobster during the lobster mini-season;
which activities constitute a public nuisance.
Sec. 5.5-141: Definitions
(a) Definitions shall apply as provided in Article I of this Chapter or as
referenced from other Chapters as appropriate.
Sec. 5.5-142: Diving and snorkeling prohibited.
(a) It is a public nuisance and unlawful for any person to dive or snorkel in
any manmade waterbody as defined in this chapter, marina, or within 300
feet of an improved residential or commercial shoreline during the entirety
of the lobster mini -season. A map reflecting the boundaries of the
prohibited areas shall be available at the Department of Marine Resources,
Monroe County for reference by the public and shall be incorporated by
reference into this ordinance. The prohibited areas shall be marked by
signs on the shoreline at conspicuous places, as has previously been done
for the general slow speed / no wake zone for man made waterbodies, at
marinas and along the main arterial waterways of the County as may be
helpful to inform the public of the existence of the prohibition.
(b) Exception - Nothing in this ordinance shall prohibit diving incidental to
vessel or dock maintenance provided the' diver performing the
maintenance lawfully displays a diver down flag and otherwise complies
with the requirements of Chapter 327, Florida Statutes, as amended from
time to time.
Sec. 5.5-143: 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
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).
(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.
(9) Failure to pay fines within thirty (30) days shall be punished as a
secondary misdemeanor.
Section 2. Add the following definitions to Article I of this Chapter.
(b) "Dive" means to wholly or partially submerge one's body while
equipped with a mask or goggles, whether or not any type of underwater
breathing apparatus is used.
(g) "Lobster mini-season" means the two-day sport season authorized by the
Marine Fisheries Department of the Florida Fish and Wildlife Conservation
Commission pursuant to Section 68B-24.005, Florida Administrative Code,
as amended from time to time.
Section 3. 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 4. 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 5. 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 6. Effective date
This Ordinance shall become effective upon filing with the Office of the
Secretary of State of the State of Florida,
THE REMAINDER OF THIS PAGE LEFf INTENTIONALLY BLANK
~.I;.r-""~-"",.,,) ...-....1- ".....-......................- _...._~.._-
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida. at a regular meeting of said Board held on the 1']'h day of December. 2003.
Mayor Dixie Spehar
Mayor Pro TtmJ Murray Nelson
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner David Rice
(SEAL)
Attest: DANNY L.KOLHAGE. Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
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