Item I13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 21 January 2003
Division:
Growth Management
Bulk Item: Yes -K- No
Department:
Marine Resources
AGENDA ITEM WORDING:
Approval to advertise for three public hearings an Ordinance amending Chapter 5.5 - Boats, Docks, and
Waterways, creating a new section of the code limiting the size of vessels on man-made waterbodies.
ITEM BACKGROUND:
Some time ago the County Commission and the Marine and Port Advisory Committee (MP AC) considered a
number of issues raised by the public concerning the existence and use of large vessels on man-mad
waterbodies ( canals). The MP AC held several workshops to take input from the public, to consider the issues,
and to develop options for the management of over-sized vessels within man-made waterbodies. The attached
ordinance embodies the recommendations of the Marine and Port Advisory Committee.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
None
BUDGETED: Yes
No
COST TO COUNTY:
None
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No -K- AMOUNT Per Month
Year
APPROVED BY: County Atty X _ OMB/Purchasing t./ I Ii- Risk Management idJ4...:.
__ Not Required
AGENDA ITEM NO.: I \"3
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included --X _ To Follow
DISPOSITION:
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Marine Resources
pRDINANC~NO. 2002
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COMMISSIONERS CREATING A NEW SUBSECTION IN
CHAPTER 5.5, ARTICLE V, Sec. 108 (d), ENTITLED
"OVERSIZED VESSEL REGULATIONS," PROVIDING FOR
SEVERABILITY, PROVIDING FOR REPEAL OF
INCONSISTENT ORDINANCES, PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE,
PROVIDING FOR AN EFFECfIVE DATE.
WHEREAS, it is the desire of the Monroe County Board of Commissioners
to provide for the safety and welfare of its resident and visiting boaters; and
WHEREAS, there are over 25,000 registered vessels in Monroe County and
an unknown, but seasonally large number of visiting boats; and
WHEREAS: many of the resident and visiting boaters dock and maintain
there vessels one of the nearly 500 canal systems in Monroe County; and
WHEREAS, most of the canal systems in Monroe County are narrow, less
than 100 feet in width; and
WHEREAS, the nature of these canals, being long and narrow, frequently
having tight turns, and always having a large number of vessels docked along their
margins, makes them very difficult to navigate, particularly for large vessels:
WHEREAS, navigating a over large vessel on most of the canals in Monroe
County constitutes a safety hu..ard to the captain of a large vessel and particularly
to the owners and captains of other vessels using the same waterway, now,
therefore:
BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, MONROE COUNTY, FLORIDA THAT:
Section 1. Insert Article V, Subsection 108 (d)~ "Oversized Vessel Regulations,"
to Chapter 5.5.
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Marine Resources
Article V.
Sec. 5.5-108:
(d)Oversized Vessel Regulations
(1) Presence of Certain Vessels Prohibited; exceptions
(i) Vessels over 75 feet in total length are prohibited from the use
of man made waterbodies in Monroe County, where:
1. Docking is on a canal or man-made waterbody less than 100
feet wide at the docking location; or
2. The vessel length is greater than the width of the man-made
waterbody at the docking location, or,
3. When docked, the vessel impedes the safe passage of other
vessels.
(ii)
1.
Exception to this regulation is made in the case of:
Boating emergencies, either in the case of the oversized vessel
itself or that its inhabitants are in peril, or in the case where an
oversized vessel may need to respond to a boating emergency;
2. Major stonn events;
3. For temporary maintenance and construction activities.
Section 2. 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.
SeetiOD 3. 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 4. 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
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Marine ResoW"Ces
amendment thereto, and shall be appropriately renumbered to conform to the
uniform numbering system of the Code.
Section 5. Effective date
a. This Ordinance shall be filed with the Office of the Secretary of State of the
State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on the
day of , 2004.
Mayor Nelson
Mayor Pro Tem Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
MONROE COUNTY ATTORNEY
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CHIEF ?SIS~NT lX)U~iY AnOANEY
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SECTION 12. INSURANCE POLICIES
The CONSULTANT shall procure and maintain the insurance required in Exhibit "C". Exhibit
"e. is attached and made a part of this agreement.
tN WITNESS WHEREOF. the parties hereto have caused these presents to be executed on the
day of 2003.
(SEAL)
ATTeST DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(CORPORATE SEAL)
ATTEST:
By
Wallace Roberts & Todd LLC
By
Gerald C. Marston, Principal
C. Alyn Pruett, Principal
10