Item Q5 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20, 2012 - KL Department: County Attorney
Bulk Item: Yes X No _ Staff Contact Person: Christine Limbert-Barrows#3475
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of an
ordinance amending Monroe County Code Section 26-1, to reinsert the definition for "Commercial
Lobster Season" that was inadvertently omitted upon adoption of Ordinance 002-2011 on 1/19/2011;
amending Section 26-96 adding language to provide for enforcement of this section in incorporated
and unincorporated Monroe County to the extent that no conflict exists with a municipal ordinance;
and deleting Section 26-98(c) to remove the sunset date of 8/31/2012 to continue the prohibition
against diving or snorkeling in any manmade water body or marina, or within 300 ft. of an improved
residential or commercial shoreline, beginning three (3) days prior to the opening of and during the
entirety of the lobster mini-season and for the first five(5)days of commercial lobster season.
ITEM BACKGROUND: On 12/15/2010, in response to complaints and concerns regarding public
safety, the BOCC adopted Ordinance No. 038-2010 expanding the prohibition against diving or
snorkeling in any manmade water body or marina, or within 300 ft. of an improved residential or
commercial shoreline beginning 3 days prior to the opening of and during the entirety of the lobster
mini-season and for the first 5 days of commercial lobster season, providing a defmition of
"Commercial Lobster Season" and a sunset date of 8/31/12. On 1/19/2011, the BOCC adopted
Ordinance No. 002-2011 which inadvertently omitted the definition of"Commercial Lobster Season"
adopted by the BOCC on 12/15/2010. On 8/15/2012, the BOCC authorized the County Attorney to
bring the Ordinance back to the Commission to revisit to allow staff time to identify and/or address
any possible conflicts with existing municipal ordinances related to enforcement in incorporated and
unincorporated Monroe County.
PREVIOUS RELEVANT BOCC ACTION:
12/17/2003 Ordinance No. 044-2003 prohibiting diving/snorkeling in any manmade water body or
marina or within 300 ft. of an improved residential or commercial shoreline during the entirety of the
2-day sport season for spiny lobster
6/18/2003 Ordinance No. 020-2003 further defining "navigable canal" and"man-made water body"
2/19/2003 Ordinance No. 003-2003 Established"No Discharge Zone" (see Exhibit A- Map)
11/20/2010 BOCC approved advertising Public Hearing for 12/15/2012 at 3 pm in KL
12/15/2010 BOCC adopted Ordinance No. 038-2010
1/19/2011 BOCC adopted Ordinance No. 002-2011 (GMD) which inadvertently omitted the definition
of"Commercial Lobster Season" created per Ordinance 038-2010 adopted 12/15/2010
8/31/2012 Sec. 26-98, MCC sunset pursuant to Ordinance No. 038-2010
8/15/2012 BOCC authorized the County Attorney to bring the Ordinance back to the BOCC to revisit
CONTRACT/AGREEMENT CHANGES:
Amends Sec. 26-1. Reinserting the definition of "Commercial Lobster Season" that was removed from
the Code upon adoption of Ordinance 002-2011 1/19/2011 which inadvertently omitted the definition
of"Commercial Lobster Season"that was created via Ordinance 038-2010
Amends Sec. 26-96. Adds language to provide for enforcement in incorporated and unincorporated
Monroe County to the extent that no conflict exists with a municipal ordinance.
Deletes Sec. 26-98 (c): Removes sunset date of 8/31/12.
STAFF RECOMMENDATIONS: Approval to advertise a 3:00 p.m. public hearing at the BOCC
Meeting to be held 12/12/12 in Marathon,FL.
TOTAL COST: Adv cost INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County AttQ OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
ORDINANCE NO. - 2012
AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA AMENDING SEC. 26-1 TO INCLUDE
THE DEFINITION OF "COMMERCIAL LOBSTER SEASON"
INADVERTENTLY OMITTED FROM THE DEFINITIONS IN THIS
SECTION UPON ADOPTION OF ORDINANCE 002-2011 ON 1/19/2011;
AMENDING SEC. 26-96 TO PROVIDE FOR ENFORCEMENT OF THIS
SECTION IN INCORPORATED AND UNINCORPORATED MONROE
COUNTY, FLORIDA; DELETING SEC. 26-98(c) TO REMOVE THE
SUNSET DATE OF AUGUST 31, 2012 TO CONTINUE THE
PROHIBITION AGAINST DIVING AND SNORKELING IN ANY
MANMADE WATER BODY OR MARINA, OR WITHIN 300 FT. OF AN
IMPROVED RESIDENTIAL OR COMMERCIAL SHORLINE,
BEGINNING THREE (3) DAYS PRIOR TO THE OPENING OF AND
DURING THE ENTIRETY OF THE LOBSTER MINI-SEASON AND FOR
THE FIRST FIVE (5) DAYS OF COMMERCIAL LOBSTER SEASON;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 15, 2010 the Board of County Commissioners adopted
Ordinance No. 038-2010 to expand the prohibition against diving or snorkeling in any manmade
water body or marina, or within 300 ft. of an improved residential or commercial shoreline,
beginning three (3) days prior to the opening of and during the entirety of the lobster mini-season
and for the first five (5) days of commercial lobster season with a sunset date of August 31,
2012; and
WHEREAS, the Board of County Commissioners intends to have uniformity among the
County and for this ordinance to be effective in incorporated and unincorporated Monroe County
to the extent that no conflict exist with a municipal ordinance pursuant to Art. VIII § 1(f) of the
Florida Constitution; and
WHEREAS, Ordinance No. 038-2010 adopted by the Board on 12/10/2010 added a
definition of "Commercial Lobster Season" to Section 26-1, Monroe County Code; however, the
definition for "Commercial Lobster Season" was inadvertently omitted from the definitions for
Sec. 26-1 upon adoption of Ordinance No. 002-2011 on 1/19/2011 and subsequently is not
presently included in Sec. 26-1,Monroe County Code; and
WHEREAS, the Board of County Commissioners desires to continue the diving and
snorkeling prohibitions beginning three (3) days prior to the opening of and during the entirety of
the lobster mini-season and for the first five (5) days of commercial lobster season, as previously
set forth in Ordinance No. 038-2012, and to provide enforcement throughout incorporated and
unincorporated Monroe County;
1
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
SECTION 1. Section 26-1, Monroe County Code is hereby amended to include the following
definition of "Commercial lobster season" which was to be included upon adoption of
Ordinance No. 038-2010 on 12/10/2010 but was inadvertently omitted from the definitions in
this section upon adoption of Ordinance 002-2011 on 1/19/2011:
Sec. 26-1.Definitions.
Commercial lobster season means the period of time designated for harvesting of
lobster, currently from August 6 through March 31 of the following year, 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 2. Sec.26-96,Monroe County Code is hereby amended to read as follows:
Sec. 26-96. Intent and purpose.
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 from the interactions and explorations by divers of docks,
piers, and bulkheads in search of spiny lobster during the lobster mini-season and commercial
lobster season. Such activities constitute a public nuisance. This article shall be effective in both
incorporated and unincorporated Monroe County to the extent that no conflict exist with a
municipal ordinance as provided in Art. VIII § 1(f) of the Florida Constitution.
SECTION 2. Sec. 26-98, Monroe County Code is hereby amended, deleting Sec. 26-98(c),
to read as follows:
Sec. 26-98. Diving and snorkeling prohibited.
(a) It is a public nuisance and is unlawful for any person to dive or snorkel in any manmade
water body or marina, or within 300 feet of an improved residential or commercial
shoreline beginning three (3) days prior to the opening of and during the entirety of the
lobster mini-season and for the first five(5) days of commercial lobster season.
(b) Nothing in this article 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 F.S. ch. 327, or diving and snorkeling in
front of your property to the center line of the canal or 100 ft. of open water.
( This-DFdkmnee-shall-sunset en August 31, 2012.
2
SECTION 3. SEVERABILITY. If any portion of this ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 4. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 5. INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance
shall be included and incorporated into the Code of Ordinances of the County of Monroe,
Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform
to the uniform numbering system of the Code.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect as provided in Section
125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of December, 2012.
Mayor
Mayor Pro Tem
Commissioner David Rice,District 4
Commissioner Heather Carruthers,District 3
Commissioner George Neugent,District 2
Commissioner Sylvia Murphy,District 5
Commissioner Danny Kolhage,District 1
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: ,Clerk OF MONROE COUNTY,FLORIDA
By By
Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
CHRISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date
3
Current Diving/Snorkeling Ordinances
General ordinance language: No diving or snorkeling with 300' of improved residential or commercial
shoreline, any manmade or private canal, or any public or private marina.
Colors indicate that the local governments have the same rules.
Local Gov. Sport Season Regular Season
Monroc County 3 days preceding and during First 5 days of regular season
Village 3 days preceding and during First 5 days of regular season
Layton n/a
Key Colony Beach 4 days preceding sport season and continuing thru the 10`h day of regular season
Marathon Entirety of sport season
Key West n/a
ADDITIONAL BACK-UP
u
CODE OF ORDINANCES
Chapter26-WATERWAYS
ARTICLE IV.-DIVING AND SNORKELING PROHIBITED DURING LOBSTER MINI-SEASON
ARTICLE IV. - DIVING AND SNORKELING PROHIBITED DURING LOBSTER
MINI-SEASON
Sec.26- 6.-Oin4�n4 and u o �.
Sec.26-97.-ICDetOnitions.
Sec.26-96.-_Q"vinni and snork 0iin roVniV iced.
Seca 26-99. PenM ies.
Sec. 26-96. -Intent and purpose.
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 from the interactions and explorations by divers of docks, piers, and bulkheads in
search of spiny lobster during the lobster mini-season and commercial lobster season. Such activities
constitute a public nuisance.
(Code 1979, §5.5-140; Ord. No. 044-2003, § 1; Ord. No. 038-2010, § 2)
Sec. 26-97. - Definitions.
Definitions shall apply as provided in this article or as referenced from other chapters as appropriate.
(Code 1979, §5.5-141; Ord. No. 044-2003, § 1)
Sec. 26-98. - Diving and snorkeling prohibited.
(a) It is a public nuisance and is unlawful for any person to dive or snorkel in any manmade water
body or marina, or within 300 feet of an improved residential or commercial shoreline beginning three
days prior to the opening of and during the entirety of the lobster mini-season and for the first five days
of commercial lobster season.
(b) Nothing in this article 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 F.S. ch. 327, or diving and snorkeling in front of your property to the center line of the
canal or 100 feet of open water.
(c) This section shall sunset on August 31, 2012.
(Code 1979, § 5.5-142; Ord. No. 044-2003, § 1; Ord. No. 038-2010, § 3)
Sec. 26-99. - Penalties.
Any person cited for a violation of this article shall be deemed charged with a noncriminal infraction,
shall be cited for such an infraction, and shall be cited to appear before the county court. Citations shall
be issued pursuant to F.S. § 327.74 (uniform boating citations) by any law enforcement agency
authorized to issue such citations. The civil penalty for any such infraction is $50.00, except as
Page 1 of 2 Monroe County, Florida,Code of Ordinances
CODE OF ORDINANCES
Chapter 26-WATERWAYS
ARTICLE IV.- DIVING AND SNORKELING PROHIBITED DURING LOBSTER MINI-SEASON
otherwise provided in this section.
(1) Any person cited for an infraction under this section may:
a. Post a bond that shall be equal in amount to the applicable civil penalty; or
b. 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 of the second degree.
(4) Any person charged with a noncriminal infraction under this section may:
a. Pay the civil penalty, either by mail or in person within ten days of the date of receiving
the citation; or
b. If he has posted bond, forfeit bond by not appearing at the designated time and location.
(5) If the person cited follows either of the procedures in subsection (4) of this section, he shall
be deemed to have admitted the infraction and to have waived his 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 this section. 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 $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 may appeal that
finding to the circuit court.
(9) Failure to pay fines within 30 days shall be punished as a secondary misdemeanor.
(Code 1979, § 5.5-143; Ord. No. 044-2003, § 1)
Monroe County, Florida,Code of Ordinances
Page 2 of 2
ORDINANCE NO. 002 -2011
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMIVIISSIONERS AMENDING CHAPTER 26
OF THE MONROE COUNTY CODE (WATERWAYS) TO
PROVIDE FOR ENO MOTOR ZONES" AND CONSISTENT
SIGNAGE; PROVIDING FOR SEVERABILTTY AND
REPEAL OF INCONSISTENT PROVISIONS; PROVIDING
FOR FILING WITH THE SECRETARY OF STATE;
PROVIDING FOR AN EFFECTIVE DATE.
i
WHEREAS, Monroe County has a variety of boating restricted areas codified under
Sec.26-71 of the Monroe County Code; and
WHEREAS, Monroe County has multiple Combustion Vessel Exclusion Zones intended
to exclude vessels from entering such areas with internal combustion engines running,
and
WHEREAS, the language Combustion Vessel Exclusion may be confusing to boaters
and is inconsistent with similar federally established boating restricted areas in the Keys
that use the language No Motor Zone; and
WHEREAS,utilizing the language No Motor Zone on buoys and signage will be clear to
boaters, provide consistency between similar County and Federal zones, and increase
compliance with the restrictions of such zones, and
WHEREAS, the Florida Fish & Wildlife Conservation Commission permits such .
boating restricted areas in accordance with Chapter 68D-23 Uniform Waterway Markers
in Florida Waters; and
WHEREAS, the Florida Fish & Wildlife Conservation Commission has approved a
request from the Marine Resources Office to rename Monroe County boating restricted
areas from Combustion Vessel Exclusion Zones to No Motor Zones;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
i
i
f
tl
Section 1. Monroe County Code Section 26-1. Definitions shall be amended as
follows:
Sec. 26-1. Definitions
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Combustion vessel exclusion zone means that no person shall operate a motorized
vessel (as defined in this section), by use of a combustion engine, or in some cases
where specifically established an electric motor, in any area spatially defined as
"Combustion Vessel Exclusion Zone" and that is so identified as a "Combustion Vessel
Exclusion Zone"by appropriate signage.
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. § 370.06 from which commercial
quantities of saltwater products are harvested, from within and without
the waters of this state for sale either to the consumer, retail dealer, or
wholesale dealer;or
(2) Any other vessel,except a recreational vessel as defined in this section. j
Discharge Includes, but is not limited to, any spilling, leaking, pumping, pouring,
emitting,emptying or dumping.
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.
Floating structure means as defined in F.S.§327.02.
Houseboat means as provided in F.S.§ 337.02.
Idle speed/no wake means that a vessel cannot proceed at a speed greater than that
speed that is necessary to maintain steerage.
Live-aboard vessel.
(1) The term "Ilve-aboard vessel"means as provided in F.S.§327.02.
(2) Any vessel with a person living aboard and that is anchored, moored, or
docked in the same location for 72 consecutive hours is presumed to be
a live-aboard vessel.
Lobster mini-season means the two-day sport season authorized by the state
pursuant to F.A.C. 68B-24.005.
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.
Manmade water body means a water body that was created by excavation by
mechanical means under human control and shall include a canal, cut basin, or channel
where its edges or margins have subsequently been modified by natural forces.
i
!
I
A
(1) For the purposes of this chapter, such water bodies may have natural
components, for instance a channel or canal may have been dredged
such that the dredge material was used to create land on one side, but '
not the other, thus leaving a relatively natural shoreline on the opposite
side.
(2) Also for the purposes of this chapter, the manmade water body must }
have "buildings," as defined in part II of this Code, along its shoreline to
be applicable. If buildings are not present on a given shoreline on the
date of adoption of the ordinance from which this section is derived, but
such buildings are constructed at a later date, then the ordinance from
which this section is derived becomes effective at that time.
Marine sanitation device means as defined in F.S. §327.02.
i
Mobile pump-out vessel means any vessel capable of pumping out and receiving
human body wastes and other effluent contained in marine sanitation devices installed
aboard other vessels.
Mooring field means areas in and adjacent to the 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 shall be approved it
by the state.
Motorboat means as provided in F.S.§327.02.This definition is synonymous with the
definition of motorized vessel.
r
Motorized vessel means any vessel that Is propelled or powered by machinery and
that is capable of being used as a means of transportation on water.
No discharge zone means any of the areas located within state waters within the I
boundaries of the Florida Keys National Marine Sanctuary, as Identified in Federal
Register Notice 66:144, pp 38967-38969, promulgated on July 26, 2001, and as shown
in attachment A of the ordinance from which this section is derived. I
No Motor Zone means all vessels equipped with internal combustion motors (e.g.: j
gasoline or diesel motors)for propulsion must turn off the internal combustion motor and,
if possible to do so, tilt or raise the internal combustion motor out of the water. The use
of electric motors is not prohibited. j
i
Owner means as provided in F.S.§327.02.
Person means an individual, partnership, firm, corporation, association, or other
entity, but does not include an individual on board a public vessel or the owner of a public
vessel. '
i
r
Public vessel means a vessel owned or a bareboat chartered and operated by the
United States,the state, the county, or by a foreign nation, except when such vessel is in i
commerce.
Pump-out station means a facility that pumps or receives human body wastes and
other effluent out of marine sanitation device installed on board vessels.
r
r
i
{k
l
i
i
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: '
(1) Manufactured and used primarily for noncommercial purposes;or
(2) Leased, rented, or chartered to a person for the person's noncommercial
use. I
Residential area means any area designated improved subdivision, suburban i
residential or suburban residential limited, sparsely settled, urban residential, and urban l
residential mobile home under the county land development regulations.
Seaworthy condition means that a vessel is in good condition and capable of the use
for which it was designed.
Sewage means human body wastes and wastes from tollets and other receptacles,
including approved marine sanitation devices (MSD) intended to receive or retain body
wastes,whether treated or raw.
4
j
Slow speed/minimum wake means that a vessel must be fully off plane and
completely settled into the water. It must not proceed at a speed greater than that which
is reasonable and prudent to avoid the creation of an excessive wake or other hazardous
condition under the existing circumstances. A vessel is not proceeding at a slow I
speed/minimum wake when it is:
(1) Operating on a plane;
(2) In the process of coming off plane and settling into the water or coming
up onto a plane;or
(3) Operating at a speed that creates a wake that is unreasonable or j
unnecessarily endangers other vessels.
i
Speargun means any device whether commercially manufactured or hand-made,that
is designed and constructed so as to be capable of forcefully discharging at great velocity
any spear or any similar projectile in a direction determined by the user thereof for a
distance greater than two feet (24 Inches) whether or not such spear or projectile is
tethered to the firing apparatus or otherwise limited in its range. No distinction shall be
made as to the mechanical construction or physical means used in such devices to
create the potential energy necessary to eject or fire such spear or similar projectiles. !
i
Vessel means as provided in F.S.§327.02.
Water-borne craft or structures subject to density allocation and wastewater
management requirements (water-borne craft) means and encompasses any of the
following definitions, houseboat, floating structures, live aboard vessel, and vessel as
defined in this chapter and F.S. § 327.02 when the object of such definitions is being j
occupied in a manner that would be construed as either a residential or business purpose i
that would normally require wastewater facilities. Such occupation, be it residential or
commercial in nature, could involve either longterm or shortterm tenancies and typically
would involve occupancy Including habitation, eating, sleeping, bathing, and or a F
business functions where the occupant were aboard the water-borne craft for several
hours per day.
E
i
t
}
(1) Water-borne craft may as a matter of course occupy a dry slip, wet slip,
or mooring as defined in this chapter and exist in a marina, marine
facility, mooring field or other location within or on waters of this state as
defined in this chapter.
(2) Water-borne craft are subject to a density allocation commensurate with
the district'it occupies and is to be calculated as the equivalent of one
density unit. Water-borne craft are subject to wastewater management
requirements as defined in this section and part II of this Code. `
Section 2. Article III Sec.26-71 shall be amended as follows:
Sec. 26-71. Boat restricted zones established.
(a) Idle speed/no wake zones. No person shall operate a vessel in the following
areas spatially defined as"idle speed/no wake zones"at a speed in excess of
idle speed/no wake as defined in this chapter:
(1) Summerland Key Channel: To include an area within 300 feet of shore
along the southwest shore of Summerland Key, running contiguous with
the shorelines of Summedand Key Cove and Summerland Cove Isles
subdivisions.
e
(2) Ocean Reef Club:
a. Bayside:To include an area between 300 feet of shore along the g
northwest shore of North Key Largo running contiguous with the I
shoreline of Snapper Point subdivision, Ocean Reef Club, within
the navigation channel that parallels the shoreline. Includes all
Internal canals of Snapper Point subdivision. U
b. Oceanside:To include all residential canals in Angelfish Cay, all
residential canals in Channel Cay, and the portion of Little
Angelfish Creek adjacent to Angelfish Cay.
(3) Riviera Canal: To include the area of Riviera Canal, Key West, running
from Cow Key Channel to the west, until it turns approximately 90
degrees to the north.
(4) Jolly Roger Estates, Little Torch Key:To include an area running parallel
to the eastern shore of Jolly Roger subdivision approximately 300 feet
offshore and within the deep navigation canal parallel to the subdivision
shoreline.To include the northernmost canal(running east-west) leading
into the internal subdivision canals.
(5) Sombrero Beach: To include the area at the west side of Sombrero
Beach extending to the west side of the navigation canal, bounded at its
southern extreme by Day Beacon No. 6.
(6) Safety Harbor: To include an area contiguous to and extending
approximately 300 feet from the residential shorelines of Safety Harbor
and Toll Gate Shores, within the existing deeper parallel navigation
channel.
(7) Community Harbor:To include the area within the bounds of Community
Harbor,Tavernier, Key Largo and extending in an arc from either side of
the mouth,just outside the bounds of the Harbor.
P
{ff
(8) All manmade water bodies: To include all manmade water bodies, as
defined in this chapter,within the waters of the county.
(9) Dove Creek: From the open water of the Atlantic/Hawk's Channel, the
eastern section of Dove Creek to the western end of Dove Creek i
subdivision and including the Dove Creek subdivision residential canal
i
(10) Key West: Smathers Beach: To include an area parallel to the shore
along Smathers Beach running 600 feet offshore.
(b) Slow speed/minimum wake zones. No person shall operate a vessel in the
following areas spatially defined as "slow speed/minimum wake zones" at a
speed in excess of slow speed/minimum wake as defined in this chapter:
(1) Snake Creek:To include the entire width of Snake Creek, from 100 feet
south of the Snake Creek Bridge at U.S. Highway 1, to 100 feet north of
the residential shoreline of the Venetian Shores subdivision, Plantation
Key.
(2) Vaca Cut: Extending the length of Vaca Cut, Marathon from the
regulatory marker located approximately 1,250 feet south of the Vaca
Cut Bridge to the regulatory markers located approximately 800 feet
north of the Vaca Cut Bridge.
(3) Whale Harbor:To include the area just north of the Whale Harbor Bridge
and extending south the length of the Whale Harbor navigation channel
to ATON number 1.
(4) Boot Key Harbor and Sister's Creek: To include all waters within Boot i
Key Harbor including contiguous creeks and manmade canals, and E
including approaches to the Harbor from the West beginning at Day
Beacon No. 7 and from the South, Sister's Creek beginning at Day {
Beacon No.4. `
(5) Cow Key Channel: To include Cow Key Channel north of the Cow Key i
Channel Bridge at U.S. Highway 1 and ending at Day Beacon No. 11, south of t
the Cow Key Channel Bridge.
(6) 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.
(c) No Motor Zones. No person shall operate a motorized vessel in the following
areas spatially defined as"no motor zones":
(1) Harry Harris Park: To include an area parallel to the shoreline extending i
the length of Harry Harris Park, Tavernier, Key Largo extending to the
west to include the five contiguous lots of Ocean Park Village and
extending approximately 450 feet offshore.
(2) Dove Creek and Dove Lake: To include the western end of Dove Creek j
from the west and of Dove Creek subdivision to the mouth of Dove Lake
and the entire area of Dove Lake. i
(3) Whale Harbor Channel "Flats": To include the shallow areas adjacent to
the northeast and southwest sides of Whale Harbor Channel on the
ocean side of U.S. Highway 1. The approximate length of the zone
extends from the Whale Harbor Channel Aids to Navigation Numbers 8
and 9 southeastward to Whale Harbor Channel Aids to Navigation
i
i
Numbers 1 and 2. The width of the zone is defined, on either side of the
channel, by the adjacent shallow areas and the small channels farther to
the northeast or southwest of the Whale Harbor Channel.The zones are
approximately triangular on either side of Whale Harbor Channel. The
Zones will specifically exclude the areas known as the "Sand Bar,"
shallow, sandy areas immediately contiguous to Whale Harbor Channel
on either side.
(d) Motorboats prohibited zone. No motorboat as defined herein shall enter an area
established by County Ordinance as "motorboat prohibited zone." The following
area is a"motorboat prohibited zone":
Varadero Beach: To include an area within 300 feet of shore along the
cove on the bayside of Key Largo, known as Varadero Beach at
approximately mm 95.6 bayslde and as shown graphically in the
i
attached map. Kayaks, canoes and similar exclusively human powered
vessels are allowed in this zone.
(a) Viewable map of zones. Viewable maps of each of the zones noted in this
section are available at the county office for marine resources.
Section 3. Severability. If any section, paragraph, subdivision, clause, sentence or
provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair,invalidate, or nullify the remainder of this f
ordinance, but the effect thereof shall be confined to the section,paragraph, subdivision,
clause, sentence, or provision immediately involved in the controversy in which such
judgment or decree shall be rendered.
l
Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal ;
of an ordinance herein shall not repeal the repealing clause of such ordinance or revive
any ordinance which has been repealed thereby.
Secs Filing and Effective Date. This Ordinance shall be filed with the Florida
Department of State, and shall become effective as provided in Sec. 125.66(2), Florida
Statutes.
I
(This area is intentionally left blank)
i
i
I
i
c
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 19thday of January _,2011.
Mayor Heather Carruthers Yes
Mayor pro tem David Rice Yes
Commissioner George Neugent Yes
Commissioner Kim Wigington Yes
Commissioner Sylvia Murphy Yes
E COUNTY BOARD OF COUNTY COMMISSIONERS
Y L. KOLHAGE,CLERK
y
•o„w„ ,�• Deputy Clerk Mayor Heater a there
MONRQq COUNT RNEY
APFR ED AS 0 ORM
iz- w_
rri C7
Co
;y = rn
�> o'
c, •• o
i
t
MONROE COUNTY COURTHOUSE rouNr BRANCH OFFICE:
$00 W!I!'iEHEf\D STREET,SUITE 101 ���4Juy��.oy��o`p
� PLANTATION KEY
KEY WEST,FLORIDA 33040 , GOVERNbIENT CENTER
TEL.(305)294-4641 *: # 88820OVERSEASHIGHWAY
FAX(305)295-3663 PLANTATION KEY,FLORIDA 33070
•....... TEL.(305)852-7145
BRANCH OFFICE: C �� FAx(305)852-7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATIION,FLORIDA 33050 50 HIGH POINT ROAD
TEL.(305)289-6027 MONROE COUNTY PLANTATION KEY,FLORIDA 33070
FAx(305)289-1745 www.clerk-of-the-court.com TEL. (305)852-7145
FAx(305)853-7440
February 8, 2011
d
0
Ms. Liz Cloud, Program Administrator
Administrative Code& Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7010 16 70 0001 0244 7587
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 002-2011 amending Chapter 26,
of the Monroe County Code (Waterways) to provide for "No Motor Zones" and consistent
signage; providing for severability and repeal of inconsistent provisions; providing for filing with
the Secretary of State; providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on Janauary 19, 2011. Please file for the record.
Should you have any questions please feel free to contact me at(305)295-3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Municipal Code via e-mail
Growth Management via e-mail
County Attorney via e-mail
File
µ
'e
co
Ln For delivery information visit our website at www.uspsxom�)
ru Postage S
Certified Fee So ,` F L 33
O Retum Receipt Fee 1 Posture 9
p (Endorsement RegWred) J a He O !p
t7 Restricted Delivery Fee r. O
(Endorsement RegWred)
p N
N � N
_a Total Postage d Few � 3 Ze
� vc� O
Sent To
istrator
C3 orPOBox'�o�r ; @mini t a venCode and Weekly
d sine;Y7MA.-Gra"uttdtTl+9-- ----.
00Z
M
Iffl `�' '"� STATE OF FLORIDA
"NoMambiwom 0-4 -....e�aWill COUNTY OF MONROE
Cooke Communications,LLC
Florida Keys
Before the undersigned authority personally appeared Randy G.Erickson,
Danielle Cleghom PO Box 1800 who on oath says that he is Vice-President of Operations of the Key West
Key West FI 33041 Citizen, a daily newspaper published in Key West, in Monroe County,
Office....305-292-7777 Florida; that the attached copy of advertisement, being a legal notice in the
Extension........x219 matter of
Fax.......305-295-8025
leaskohn—arimmmkdjYcffl
tr o
INTERNET PUBLISHING /• _ r l keywest.com ` A 1.1 n I�1(x i cep _=;:-� -' c—
keysnews.com
floridakeys.com
key-west.com was published in said newspaper in the issue(s) of
Web Design Servicesfv�
I� _, rri
NEWSPAPERS —� `� / i� =The Citizen o
Southernmost Flyer Affiant further says that the Key West Citizen is a newsMer gtbli&d in
Solares Hill KeyWest in said Monroe County, Florida and that the said newspaper has
Big Pine Free Press ty�
Marathon Free Press heretofore been continuously published in said Monroe County, Florida every
Islamorada Free Press day, and has been entered as second-class mail matter at the post office in Ke
Key Largo Free Press P Y
West, in said Monroe County, Florida, for a period of 1 year next preceding
MARKETING SERVICES the first publication of the attached co of advertisement; and affiant further
Commercial Printing copy
Citizen Locals Card says that he has neither paid nor promised any person, firm or corporation any
Direct Mail discount, rebate, commission or refund for the purpose of securing this
FLORIDA KEYS OFFICES advertisement for publication in the said newspaper.
Printing I Main Facility
3420 Northside Drive
Key West,FL
33040-1800
Tel 305-292-7777 I/X
Fax 305-294-0768 Signature O ant
citizcriftavwest.com
Internet Division
33040-3328 Sworn and subscribed before me this f day ofT'- 64U4 2014
Tel 305-292-1880
Fax 305-294-1699 �t11t111111/�/
sales@keywest.com ����,`g CLF �ii�
Notary Public: :� �• ""•••.o
Middle Keys Office �f,A
6363 Overseas Hwy14,?�' ••
Marathon,FL (MM 52.5) Danielle Cleghorn
33050-3342
Tel 305-743-8766 riffs
Fax 305-743-9977 ��. •• ts�►�
marathon(alkevstimccom
Upper Keys office Expires: December 14, 2014 Notary S"O
91731 Overseas Hwy
Tavernier,FL 33070
Tel 305-853-7277
Fax 305-853-0556
kmpress@floridakeys.com Personally Known x Produced Identification
Type of Identification Produced
I'Ir
Pursuant to Section;286.0105,
Florida Statutes; notice is given
that if a person decided to appeal
any decision.made by the Board
with respect to any matter
considered at such has or
meetings,he will need a record of
the proceedings,and that,for such
Purpose, he may need to ensure '
that a verbatim record of the
proceedings is made, which
'at- ,:u f10RiCE OF INTEN'1& 'Iddudes the testiniony anft ,,
TO CONSIDER ADOPTION evidence upon which the appeal Is
OF COUNTY ORDINANCE to be based.
NOTICE IS HEREBY GIVEN TO ADA ASSISTANCE N you are.a •
WHOM IT MAY CONCERN that person With a disability. who
on Wednesday,. January 19, needs special accommodations
2011 at 3:00 P.M., or as soon in order to Participate in this
thereafter as may be heard, at Proceeding, Neese contact the
the Harvey Government Center, Growth
oro t Alanagement Oiik�e, by
1200 Truman Avenue,2ND floor, Phoning(30)289.2517,
Key West,'Monroe County, between the hogs of 8.00 a.m..
Florida,- the Board of County 5.00 P.m.,no later than 2
Commissloners of Monroe working days Prior to the
County,Florida,intends to scheduled meeting, if you are
consider hire adoption of the hearing or ►rolce•impaired, cab
following County Ordinance: "711".
AN ORDINANCE BYTHE Dated at Marathon, Florida, this
MONROE COUNTY BOARD OF 29th day of December,2010.
COUNTY COMMISSIONERS
AMENDING CHAPTER 26 OF' DANNY L.KOLHAGE,
THE MONROE COUNTY CODE Clerk of the Circuit Court
(WATERWAYS)TO PROVIDE and ex officio,
FOR"NO MOTOR ZONES"AND Clerk of the Board of
CONSISTENT SIGNAGE; County Commissioners of
PROVIDING FOR Monroe County,Florida
SEVERABILITY AND REPEAL January 1,2011
OF INCONSISTENT
PROVISIONS;PROVIDING FOR
FILING WITH THE SECRETARY
OF STATE; PROVIDING FOR
AN EFFECTIVE DATE. ,
.��w
PLORIDA DEPARTMENT 0 STATE
RICK SCOTT STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING
Governor Secretary of State
February 11, 2011
rn
Honorable Danny L. Kolhage �'
Clerk of the Circuit Court -�
Monroe County
500 Whitehead Street, Suite 101 �
Key West, Florida 33040 M
0
- r : cn -;o
Attention: Isabel C. DeSantis,Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated February 8, 2011, and certified copy of Monroe County Ordinance No. 002-2011, which was
filed in this office on February 11, 2011.
Sincerely,
*1 7U"
Liz Cloud
Program Administrator
LC/vm
DIRECTOR'S OFFICE
R.A.Gray Building . 500 South Bronough Street• Tallahassee.Florida 32399-D250
850.245.6600• FAX:850.245.6282 • TDD:850.922.4095 • http://dUx.dosstote.fl.us
CONDAUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA
850.245.6600• FAX:850.245.6643 850.245.6600 o FAX 850.243.6744 850.245.670D• FAX 950.488.4894
CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY
850.488,2812 • FAX 850.488.9879 850.245.6750 • FAX 850.245.6795 850.245.6270• FAX:850.245 6292
COMPLETE1 SENDER:
.N COMPLETE THIS SeCTION .
■ Complete Items 1,2,and 3.Also complete A signature
Item 4 If Restricted Delivery Is desired. OF STATE o
■ Print your name and address on the reverse X DEPT. A Agent
nlssee
At that we Can re the Card t you. B. ReceivedTLD 1 1 Len) C. Date of Delivery
■ Attach this card too the back of the
e mailpiece,
or on the front if space permits.
1. Article Addressed to: D. Is d*my address different from Item 1? 13Yes
If YES,enter delivery address below. 13No
Ms. Liz Cloud, Program Admin.
Administrative Code & Weekly
R. A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250 a service IVpe
CerUfled Mall 0 Etrpross Mau
Ordinance 002-2011 13 Registered 13 Retum Recelpt for Merchandise
❑Insured Mali ❑C.O.D.
4. Restricted D~Xkft Fbo ❑Yes
2. Article Number
(Ransfer from serv/ce/abed 7 010 1670 0001 0244 7587
PS Form 3811,February 2004 Domestic Return Receipt 102595-02_M.1510
s
086T-T+10££ 'IA ISaM A8X
096T xog Od
xuoousg •d :uoTlualgv
93TI10 S,3119T0 filunoo aoauow
xoq sM ui V+dlZ pue 'ssaippe 'aweu inoA luud aseald :JapuaS
O L-0'oN;luued
Sdsn
pled saed 39 e6e;sod
i1eVV sse10-;sold 3DIAa3S lV1SOd S31VIS a311Nn