Item K04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 21 April 2004
Division:
Growth Management
Bulk Item: Y es ~ No
Department:
Marine Resources
AGENDA ITEM WORDING:
Approval to advertise an Ordinance amending Chapter 5.5-108 (d), Boats Docks, and Waterways to eliminate
the "No Anchor Zone" regulatory category and insert a "Motorboats Prohibited" category and to establish
Veradero Beach as a Motorboats Prohibited zone.
ITEM BACKGROUND:
The BOCC adopted Ordinance 40-2003 making Veradero Beach, in Key Largo, a No Anchor Zone. This
regulatory zone category, though adopted by the Board, does not fit the State of Florida Uniform State
Waterways Marking System as specified in Part 62, of Title 33, of the Code of Federal Regulations (CFR). The
state would not permit a No Anchor Zone. Instead the State suggested the adoption of a "Motorboats
Prohibited" zone which is provided in the specified CFR. The State acknowledges that the Veradero Beach area
is a problem.
PREVIOUS RELEVANT BOCC ACTION:
November 2003 - Ordinance 40-2003
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
NA
BUDGETED: Yes
No
COST TO COUNTY:
NA
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No ~ AMOUNT Per Month
Year
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included
To Follow ~ Not Required
DISPOSITION:
AGENDA ITEM NO.:
~-t.f
BC040430.doc
3/31/2004 10: 11 AM
Marine Resources
ORDINANCE NO. 2004
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AMENDING CHAPTER 5.5 MONROE COUNTY
CODE (BOATS, DOCKS, AND WATERWAYS), TO DELETE SEe. 5.5-1
(I) THE DEFINITION OF A "NO ANCHOR ZONE," TO CREATE THE
DEFINITION SEC. 5.5-1 (k) OF A "MOTORBOAT," TO MODIFY 5.5-108
(D) "NO ANCHOR ZONE" TO READ "MOTORBOATS PROHIBITED"
ZONE, AND TO ESTABLISH V ARADERO BEACH AS A "NO
MOTORBOAT 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, the shallow waters adjacent to the shoreline at what is locally known as
Varadero Beach on the bayside of Key Largo have become inundated with boaters anchoring and
creating a health and safety nuisance as well as a quality of life issue for the adjacent property
owners; and
WHEREAS, Monroe County owns a parcel on the cove at Varadero Beach which is
impacted by the boating aggregations as well; and
WHEREAS, the County adopted Ordinance 40-2003 to protect the area as a "No Anchor
Zone;" and
WHEREAS, the State of Plorida would not permit a "No Anchor Zone" as the adopted
zone would not fit the Uniform State Waterways Marking System as specified in Part 62, of Title
33, of the Code ofPederal Regulations (CPR); and
WHEREAS, the state has agreed in principle that the County's concern is legitimate and
indicates that a "Motorboats Prohibited" zone would be a more appropriate regulatory zone for
the situation, which is identified in the Part 62, Title 33, CPR, 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. Sec. 5.5-1 Definitions, is hereby amended to delete sub-section (1) the definition
of "No Anchor Zone.
Section 2. Sec. 5.5-1. Definitions, is hereby amended to add the following definition:
(k) Motorboat means any vessel equipped with machinery for propulsion, irrespective of
whether the propulsion machinery is in actual operation. This definition is synonymous with the
definition of motorized vessel
[renumber accordingly in code book]
BC040431 Ord Veradero NAZ Rev MP 040421.doc
3/31/2004 2:06 PM
Marine Resources
Section 3. Sec. 5.5-108 (d) Boat restricted zones is hereby amended to read as follows:
(d) Motorboats Prohibited Zones. No motorboat as defined herein shall enter an area
established by County Ordinance as "Motorboat Prohibited Zone".
(1) Varadero Beach: To include an area within three hundred (300) feet of shore along the
cove on the bayside of Key Largo, known as Varadero Beach at approximately mm 95.6
bayside and as shown graphically in the attached map. Kayaks, canoes and similar
exclusively human powered vessels are allowed in this zone.
[renumber accordingly in code book]
Section 4. 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 5. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby
repealed to the extent of said conflict.
Section 6. 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 7. 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.
BC040431 Ord Veradero NAZ Rev MP 040421.doc
3/31/2004 2:06 PM
Marine Resources
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 April , A.D., 2004.
Mayor Murray E. Nelson
Mayor Pro Tem David P. Rice
Commissioner George Neugent
Commissioner Charles Sonny McCoy
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIR PERSON
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
BY:
DEPUTY CLERK
APPROVED AS TO FORM ANB-
.LEGAL SUJ1PICIDNCY
BY~
ATTO ~ 's OFFICE
BC040431 Ord Veradero NAZ Rev MP 040421.doc
3/31/2004 2:06 PM
1\" <}....;.,.,o D oC'nn...r>oS
Varadero Beach
NO ANCHOR ZONE
No Anchor Zone
(withi n 300' of sh 0 re)
0.1
,
o
0.1 Miles
,
N
W*E
s
BC040431 Ord Veradero NAZ Rev MP 040421.doc
3/31/2004 2:06 PM