Item H1 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17, 2013 Division: Growth Management
Bulk Item: Yes _ No X Department: Marine Resources Office
Staff Contact Person/Phone#: Richard Jones/289-2805
AGENDA ITEM WORDING:
Presentation by the Florida Fish & Wildlife Conservation Commission on the implementation status of
the Pilot Program anchoring ordinance for Monroe County.
ITEM BACKGROUND:
The Florida Legislature in 2009 approved F.S.327.4105 which directed the Florida Fish & Wildlife
Conservation Commission (FWC) to establish a Pilot Program (Program) to explore options for
regulating the anchoring or mooring of vessels outside of public mooring fields. Monroe County
(County) is one of five local governments in the state selected to participate in the Program. In
September 2011 staff began development of an anchoring ordinance, in partnership with the cities of
Marathon and Key West, providing for boating restricted areas, consistent with the goals of the
Program. The final ordinance (No.036-2012) was adopted on October 17, 2012, with a minor
amendment in February, 2013. Since that time, Monroe County staff installed signage, marking the
boundaries of the managed anchoring zones and no anchoring zones and FWC began implementation
of the ordinance. The FWC Pilot Program is scheduled to expire on July 1, 2014, unless extended by
the Florida State Legislature. The County ordinance shall expire or be extended concurrently with the
FWC Pilot Program.
Monroe County:
The Pilot Program anchoring regulations were implemented in March 2013 in Boca Chica Basin, Cow
Key Channel, and Key West Harbor. The provisions include:
No Anchoring Buffer Zone- in the eastern portion of Boca Chica Basin.
Managed AnchoringZ - in the western portion of Boca Chica Basin, Cow Key Channel and Key
West Harbor. Rules in Managed Anchoring Zones include:
Prohibition of derelict vessels
Proof of pumpout required
Prohibition of vessels exhibiting pre-derelict vessel conditions, including:
1) Vessel is not able to be used for navigation.
2) Vessel is listing.
3) Vessel is aground.
4) Vessel is in danger of breaking its mooring.
5) Vessel is sinking.
6) Vessel is dragging anchor.
7) Vessel has broken its mooring and has been secured for the protection of the health,
safety and welfare of the citizens.
Key West:
Pilot Program anchoring regulations were implemented in the Seaplane Basin in March 2013
subsequent to the installation of regulatory and informational signage, and the distribution of
educational brochures (attached). The provisions include:
No Anchoring Buffer Zone-within the Seaplane Basin(outside of the Garrison Bight Mooring Field).
Marathon:
Pilot Program anchoring regulations in the Boot Key Harbor area were implemented in August 2013,
subsequent to the adoption of an ordinance by the City of Marathon, mirroring the County ordinance,
and the installation of regulatory and informational signage at that locale. The provisions include:
No Anchoring Buffer Zone-within 50' of the Boot Key Harbor mooring field.
Managed Anchoring Zone- in all of Boot Key Harbor (outside of the No Anchoring Zone) and Sisters
Creek. Rules in the Managed Anchoring Zone include:
Prohibition of derelict vessels
Proof of pumpout required
Prohibition of vessels exhibiting pre-derelict vessel conditions, including:
1) Vessel is not able to be used for navigation.
2) Vessel is listing.
3) Vessel is aground.
4) Vessel is in danger of breaking its mooring.
5) Vessel is sinking.
6) Vessel is dragging anchor.
7) Vessel has broken its mooring and has been secured for the protection of the health,
safety and welfare of the citizens.
FWC Enforcement/Implementation:
The initial phase of implementation of the anchoring ordinance has focused on education and
information. FWC has recently begun to step up enforcement of the ordinance. FWC staff is
providing this presentation on the Program ordinance for Monroe County, including enforcement
activities and statistics on warnings and citations issued. Enforcement provisions include:
1) Written Warning
2) First offense- $50
3) Second offense- $100
4) Third offense- $250
5) Fourth or subsequent offenses- $250 and FWC will request that the owner remove the
vessel from the Managed Anchoring Zone or No-Anchoring Buffer Zone
PREVIOUS RELEVANT BOCC ACTION:
July 2012- approval of Pilot Program anchoring ordinance to be transmitted to FWC
October 2012- adoption of Ordinance 036-2012 establishing Pilot Program anchoring restricted areas
February 2013- Adoption of Ordinance 009-2013 which re-adopted Ordinance 036-2012 to include
Attachment B (maps)
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATIONS:
n/a
TOTAL COST: n/a 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 Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM#
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10 ORDINANCE NO. 009 -2013
11
12
13 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS RE-ADOPTING
15 ORDINANCE 036-2012 WHICH AMENDED CHAPTER 26
16 OF THE MONROE COUNTY CODE (WATERWAYS) TO
17 PROVIDE FOR "ARTICLE V ANCHORING AND
18 MOORING RESTRICTED AREAS"; SPECIFICALLY
19 INCLUDING ATTACHMENT "B" MISSING FROM
20 ORDINANCE 036-2012; PROVIDING FOR
21 SEVERABILITY; PROVIDING FOR REPEAL OF
22 INCONSISTENT PROVISIONS; PROVIDING FOR FILING
23 AND AN EFFECTIVE DATE; PROVIDING FOR
24 CODIFICATION; PROVIDING FOR AN EXPIRATION
25 DATE.
26
27
28 WHEREAS, Ordinance No. 036-2012 (Ordinance)was passed on October 17, 2012,by
29 the Monroe County Board of County Commissioners and was filed with the Secretary of
30 State on November 2,2012; and
31
32 WHEREAS,Ordinance No. 036-2013 is effective;and
33
34 WHEREAS, Sec. 26-102(b) of the Ordinance provided for "No Anchoring Buffer
35 Zones"; and
36
37 WHEREAS, legal descriptions of the "No Anchoring Zones" were provided in the text
38 of the Ordinance in Sec. 26-102(b)(1) ; and
39
40 WHEREAS, the Ordinance referenced Attachment B, maps of the "No Anchoring
41 Zones",in Sec. 26-102(b)(1)to illustrate the legal descriptions in the text;and
42
43 WHEREAS,Attachment B was not included at the time of the public hearing on October
44 17,2012;and
45
1
46 WHEREAS, it is the intention of this ordinance to re-adopt all of Ordinance 036-2012
47 along with the missing Attachment B,now attached hereto;
48
49 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
50 OF COUNTY COMMISSIONERS:
51
52 SECTION 1
53
54 Ordinance 036-2012 is readopted in its entirety to provide the text and attachments
55 in one document as follows:
56
57
58 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
59 COUNTY COMMISSIONERS AMENDING CHAPTER 26
60 OF THE MONROE COUNTY CODE (WATERWAYS) TO
61 PROVIDE FOR "ARTICLE V ANCHORING AND
62 MOORING RESTRICTED AREAS"; PROVIDING FOR
63 SEVERABILITY; PROVIDING FOR REPEAL OF
64 INCONSISTENT PROVISIONS; PROVIDING FOR FILING
65 AND AN EFFECTIVE DATE; PROVIDING FOR
66 CODIFICATION; PROVIDING FOR AN EXPIRATION
67 DATE.
68
69
70 WHEREAS,in 1992 the Monroe County Department of Marine Resources prepared The
71 Boating Impacts Management Plan Final Report which documented liveaboard vessel
72 impacts associated with unmanaged anchorages throughout the Keys; and
73
74 WHEREAS, in 2002 the Monroe County Department of Marine Resources prepared a
75 Keys-Wide Mooring Field System Preliminary Planning Document which included an
76 evaluation of anchorages throughout the Keys including Boca Chica Harbor, Cow Key
77 Channel, and Key West Harbor (i.e. Wisteria Island/Fleming Key area) and recognized
78 the need to address negative boating impacts associated with those unmanaged
79 anchorages; and
80
81 WHEREAS, in 2008 the Monroe County Marine Resources Office prepared the
82 Development of a Boating Management Plan for the Boca Chica Harbor Area which
83 evaluated a variety of boating impacts in that anchorage area and provided options for
84 managing anchoring activity, but recognized the lack of authority(at that time)provided
85 to the County to regulate vessels other than liveaboard vessels; and
86
87 WHEREAS, in 2009 the Florida Legislature directed the Florida Fish & Wildlife
88 Conservation Commission (FWC), in consultation with the Florida Department of
89 Environmental Protection, to establish a Pilot Program to explore potential options for
90 regulating the anchoring or mooring of non-liveaboard vessels outside the marked
91 boundaries of public mooring fields(327.4105 F.S.); and
2
92
93 WHEREAS, the goals of the Pilot Program are to encourage the establishment of
94 additional public mooring fields and to develop and test policies and regulatory regimes
95 that: promote the establishment and use of mooring fields, promote public access to
96 waters of the state, enhance navigational safety, protect maritime infrastructure, protect
97 marine environment, and deter improperly stored, abandoned or derelict vessels; and
98
99 WHEREAS, in November 2009 Monroe County sent a Letter of Interest to FWC to
100 participate in the Pilot Program in partnership with the Cities of Marathon and Key West,
101 each of which operate public mooring fields; and
102
103 WHEREAS, the Monroe County Board of County Commissioners entered into Inter-
104 local Agreements with the Cities of Marathon and Key West on February 17, 2010
105 providing for coordinated partnerships in the FWC Pilot Program; and
106
107 WHEREAS, the Monroe County Marine Resources Office retained consultants to
108 complete vessel surveys inside and outside of public mooring fields at Key West and
109 Marathon and in the anchorage at Boca Chica basin, and conducted stakeholder
110 workshops to take public input on anchoring and mooring issues and potential regulatory
111 regimes, in accordance with the criteria of the FWC Pilot Program; and
112
113 WHEREAS, FWC staff evaluated Monroe County's vessel surveys, considered public
114 input provided at stakeholder workshops, and provided a recommendation to the FWC to
115 approve Monroe County for participation in the Pilot Program; and
116
117 WHEREAS, at its February 2011 meeting the FWC approved Monroe County as one of
118 five local governments in the state to participate in the Pilot Program, including St.
119 Petersburg, Sarasota, St. Augustine and Martin County; and
120
121 WHEREAS, the Monroe County Marine and Port Advisory Committee and the Monroe
122 County Board of County Commissioners held numerous public meetings from 2009 to
123 the present to discuss, and take public input on FWC Pilot Program objectives, anchoring
124 impacts in unmanaged Keys anchorages, and viable solutions to address those anchoring
125 impacts; and
126
127 WHEREAS, the Monroe County Board of County Commissioners provided direction at
128 its September 21, 2011 meeting for staff to draft an anchoring ordinance to provide for
129 managed anchoring zones with accompanying regulations, and to coordinate with the
130 Cities of Marathon and Key West for the inclusion of ordinance language providing for
131 anchoring regulations in association with their respective mooring fields; and
132
133 WHEREAS, at the September 21, 2011 Monroe County Board of County
134 Commissioners meeting the Board received a request from a representative of Wisteria
135 Island to have Key West harbor included as a managed anchoring zone, and the Board
136 approved the inclusion of that area as a managed anchoring zone; and
137
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138 WHEREAS, the Monroe County Board of County Commissioners provided additional
139 direction at its January 19, 2012 meeting for the anchoring ordinance to provide for four
140 managed anchoring zones, and revised the regulations for development to be applied
141 within those zones; and
142
143 WHEREAS, the Monroe County Board of County Commissioners at its April 18, 2012
144 meeting accepted a request by the City of Marathon to include the greater Boot Key
145 Harbor area as a fifth managed anchoring zone, heard concerns from the Navy, and
146 directed staff to include a prohibition on vessels within managed anchoring zones that
147 exhibit conditions known to precede a derelict vessel condition, eliminate floating
148 structures language and eliminate USCG Auxiliary Vessel Safety Check language
149 pending a recommendation from the USCG; and
150
151 WHEREAS, the Monroe County Board of County Commissioners at its May 16, 2012
152 meeting accepted a request by Naval Air Station Key West to make areas of Boca Chica
153 basin, encompassed by the Navy Accident Potential Zone and baybottom, a no anchoring
154 zone to ensure the safety and security of the public; and
155
156 WHEREAS, the Monroe County Board of County Commissioners has indicated that the
157 anchoring ordinance should not be over-reaching and not overburden transient boaters;
158 and
159
160 WHEREAS,it is the intention of the Monroe County Board of County Commissioners to
161 optimize the incentive for vessel owners, who contribute to Boating Improvement Funds
162 through vessel registration fees and contribute to DEP Clean Vessel Act Program funds
163 through marine fuel taxes, to properly pumpout and comply with existing sewage
164 discharge regulations within the federal No Discharge Zone in the Keys, by providing
165 free pumpout service to vessels located in managed anchoring zones and which are
166 served by the County pumpout program; and
167
168 WHEREAS, Monroe County staff is negotiating a contract with the National Marine
169 Waste Foundation to provide free pumpout service to vessels anchored in unincorporated
170 areas of the Florida Keys and to provide for a registration process, with accompanying
171 participation stickers or tags to be displayed on vessels indicating proof of regular
172 pumpouts; and
173
174 WHEREAS, because the anchoring ordinance is a test program the Monroe County
175 Board of County Commissioners desires that vessel owners be provided warnings by
176 enforcement officers prior to the issuance of citations, to allow every opportunity for the
177 vessel owner to comply with the described regulations; and
178
179 WHEREAS, the anchoring ordinance shall provide for the regulation of both liveaboard
180 and non-liveaboard vessels;and
181
182 WHEREAS, the Monroe County Board of County Commissioners encourages FWC to
183 fully implement the agency's At Risk Program in designated managed anchoring zones as
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184 a tool to identify vessels which exhibit conditions known to precede a derelict vessel
185 condition; and
186
187 WHEREAS, the regulations established in the anchoring ordinance are consistent with
188 the municipal codes of the City of Marathon and the City of Key West; and
189
190 WHEREAS, the Monroe County Board of County Commissioners will transmit the
191 approved anchoring ordinance to FWC for consideration and approval prior to adoption
192 of the ordinance by the Board of County Commissioners;
193
194 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
195 OF COUNTY COMMISSIONERS:
196
197 Section 1. Chapter 26 of the Monroe County Code is amended as follows:
198
199 Chapter 26
200 WATERWAYS
201
202 ARTICLE V
203 ANCHORING AND MOORING RESTRICTED AREAS
204
205 Sec.26-100. Purpose. It is the purpose of this section of this Code to provide for
206 anchoring and mooring restricted areas where unmanaged anchoring and/or mooring and
207 associated environmental and navigational impacts exist These areas and restrictions are
208 created in accordance with F.S. & 327.4105 and by approval of the Florida Fish and
209 Wildlife Conservation Commission which has been directed by the Florida State
210 Legislature to establish a Pilot Program to explore potential options for regWating the
211 anchoring or mooring of non-liveaboard vessels outside the marked boundaries of public
212 mooring fields. These restrictions are deemed to be necessary to protect the public
213 health, safety and welfare. These restrictions also include the regulation of liveaboard
214 vessels and floating structures, as provided for in F S $ 327.60(3).
215
216 Sec. 26-101. Definitions.
217
218 Proof of vumnout means an acceptable form of proof that a vessel has had its vessel
219 sewage legally pumped out, or disposed of(in the case of a Porta-Potti or other portable
220 toilet). Acceptable forms of proof include a pumpout registration sticker or tag issued by
221 the City of Key West, City of Marathon or Monroe CountypmRout programs indicating
222 that the vessel receives routine pumpouts or a pumpout receipt from a pumpout facility
223 (including portable toilet dump stations)or pumpout vessel within the past ten(10)da,�
224
225 Derelict Vessel means any vessel, as defined in F S § 327 02 that is left stored or
226 abandoned:
227 (a) In a wrecked, junked, or substantially dismantled condition upon any public
228 waters of this state.
229 b�2 At any port in this state without the consent of the agency having jurisdiction
230 thereof.
5
231 U Docked or grounded at or beached upon the property of another without the
232 consent of the owner of the property
233
2334 5 Sec. 26-102. Anchoring and Mooring Restricted Areas
236 U Managed Anchoring Zones. Managed Anchoring Zones are established for the
237 purpose of protecting the marine environment enhancing navigational safety and
238 deterring improperly stored, abandoned, or derelict vessels Managed Anchoring
239 Zones are created as a tool to regulate anchoring activity in currently unmanaged
240 anchorages.
241
242 Managed Anchoring Zones shall be established in the following described
243 &eographic areas. Maps delineating the Managed Anchoring Zones are
244 attached hereto as Attachment A. and are incorporated herein by reference and
245 will be made available in the Marine Resources Office.
246
247 a. Boca Chica Basin: To include the body of water occurring between Stock
248 Island and Boca Chica Key (excluding the NM Accident Potential Zone
249 (APZ),restricted areas, and bay bottom) south of U.S. Highway 1 west of
250 the western edge of the arc of the NAS Key West Accident Potential Zone
251 (APZ), west of aline intersecting the APZ at 24' 34 10' N 81° 43 35' W
252 and running south to 24° 33.63' N 81° 43.35' W south of a line running
253 east-west from 24° 33.63' N 81° 43.35' W to 24° 33.63' N 81° 43.15' W
254 west of the western edge of Boca Chica Channel running southwest from
255 240 33.63' N 810 43.15' W to 240 33.45'N 81°43 24' W north of latitude
256 24' 33.45' N (approximately at the location of Boca Chica Channel
257 marker 7). east of a line running north-northwest from 240 33.45' N 81°
258 43.38' W to 24° 33.82' N 81° 43.46' W and continuing along the Stock
259 Island shoreline.
260 b. Key West Harbor: To include the body of water occurring west of
261 Fleming Kev and Key West (excluding NM restricted areas) south of a
262 line running east-west at latitude 24°35.19' N east of a line running from
263 the northwest tip of Pearl Bank to the north side of Tank Island (Sunset
264 Key),and north of a line running east-west at latitude 24'33 84' N
265 c. Cow Key Channel: To include the body of water occurring between Key
266 West and Stock Island. south of U.S. Highway 1 and north of a line
267 running east-west at latitude 24' 33.44' N (approximately at the location
268 of Cow Key Channel marker 51.
269 d. Boot Kev Harbor: To include the area of Boot Key Harbor(excluding the
270 permitted public mooring field and No-Anchoring Buffer Zone)occurring
271 south of the Vaca Key shoreline, east of Boot Key-Harbor main channel
272 entrance marker 7 located at position 24° 42.13' N 81° 06 84' W north of
273 the Boot Key shoreline, and west of the far eastern side of Boot Key
274 Harbor at position 24'42.54' N 8 P 04.99' W and including the entirety
275 of Sisters Creek south to marker 4 at the entrance of Sisters Creek and
276 including the area occurring from Sisters Creek marker 4 at position 241
277 41.35' N 810 05.26' W running east to the shoreline of Vaca Key at
6
278 position 24'41.43' N 81° 04.93' W and running north along the shoreline
279 of Vaca Key and continuing to the west along the shoreline of Sombrero
280 Beach.
281
282 The following regulations shall apply within Managed AnchoringZones:
ones:
283
284 a. Prohibition of vessels exhibiting pre-derelict vessel conditions. Vessels
285 determined to exhibit conditions known to precede a derelict vessel
286 condition are prohibited, including_
287 1) Vessel is not able to be used for navigation.
288 2) Vessel is listing:
289 3) Vessel is aground.
290 4) Vessel is in danger of breaking its mooring.
291 5) Vessel is sinking.
292 6) Vessel is dragging anchor.
293 7) Vessel has broken its mooring and has been secured for the protection
294 of the health, safety and welfare of the citizens.
295 b. Prohibition of derelict vessels. Vessels determined to be derelict in
296 accordance with F.S. § 823.11 are prohibited.
297 c. Proof of pumpout required. Vessels anchored or moored for more than ten
298 (10) consecutive days, and which are required to have a marine sanitation
299 device in accordance with F.S. § 327.53, must provide proof of pumpout.
300 Vessel owners may utilize a pumpout service which may be provided bX
301 the City of Key West, City of Marathon, Monroe County pumpout
302 proesams, or other authorized vessel pumpout facility or vendor. The
303 municipal and County pumpout services are structured to provide ongoing
304 pumpouts for vessels located within managed anchoring zones, and may
305 provide a registration process by which vessel owners sign up for regular
306 pumpouts at a frequency based on anticipated need, with a minimum of
307 one pumpout per month. A monthly, color coded, registration sticker or
308 tag may be provided which vessel owners may display on their vessel,
309 indicating participation in the municipal or Co=MMout program, and
310 which will be considered proof of pumpout. The municipal and/or County
311 pumpout programs shall maintain registration documentation and pumpout
312 logs throughout the duration of the Pilot Program, which shall be available
313 for review by any law enforcement officer. If a vessel owner utilizes
314 another vessel pumpout provider the vessel owner is required to maintain
315 documentation and pumpout logs to demonstrate use of pumpout to FWC,
316 MCSO or other law enforcement officers.
317
318 (b) No Anchoring Buffer Zones. No-Anchoring Buffer Zones are established outside
319 of, and immediately adjacent to, permitted public mooring fields for the purpose
320 of protecting maritime infrastructure, enhancing navigational safety and
321 p g romotinpublic access and the use of public mooring fields.
323 (1) No-Anchoring Buffer Zones shall be established in the following described
324 geographic areas. Maps delineating the No Anchoring Zones are attached
7
325 hereto as Attachment B. and are incorporated herein by reference and will be
326 made available in the Marine Resources Office.
327
328 a. Boot Key Harbor: To include a fifty foot 50') wide area immediately
329 adjacent to, and outside of, the perimeter of the east and west mooring
330 fields and the leased anchorinix area.
331 b. Seaplane Basin: To include the area of Garrison Bight known as the
332 Seaplane Basin occurring north of the Key West shoreline east of the
333 Fleming Key shoreline, south of a line running east-west 50' north of the
334 Garrison Bight mooring field boundary markers C and D. and west of
335 Sigsbee Park.
336 c. Boca Chica Basin: To include the body of water occurring between Stock
337 Island and Boca Chica Key (excluding Navy restricted areas) south of
338 U.S. Highway 1, east of the western edge of the arc of the NAS Key West
339 APZ, east of aline intersecting the Navy APZ at 24° 34 10' N 81* 43 35'
340 W and running south to 24° 33.63' N 81° 43 35' W north of a line
341 running east-west from 24' 33.63' N 81° 43 35' W to 24° 33.63' N 81'
342 43.15' W, and west of the western edge of Boca Chica Channel and the
343 Navy restricted area (which includes Boca Chica Channel and the Navy
344 mooring field basin).
345
346 (2)The following regulations shall apply within No-Anchoring Buffer Zones:
347
348 No anchoring or mooring, of any kind (vessels or floating structures) exgMt
349 for vessels mooring within established permitted public mooring fields by
350 permission of the mooring field owner or manager vessels within a leased
351 anchoring area associated with a mooring field commercial vessels (e.g.
352 barges) engaged in marine related work, military operations vessels anchored
353 for the puroose of fishing or other recreational activities (but not ovemi t)
354 or in the case of an emergency(e.g. weather,mechanical medical)causing the
355 need for a vessel to temporarily anchor.
356
357
358 Sec.26-103. Enforcement. Regulations described in this Article may be enforced by law
359 enforcement officers of the City of Marathon or City of Key West (within their areas of
360 jurisdiction),Monroe County,or FWC or any other law enforcement officer.
361
362
363 Sec.26-104. Penalties.
364
365 U Any person cited for a violation of this article shall be charged with a noncriminal
366 infraction. A written warning shall be issued to provide the vessel owner 30 daps
367 for corrective action or removal of the vessel. If corrective action or removal is
368 not accomplished, a Uniform Boating Citation may be issued for violations of this
369 ordinance pursuant to F.S. § 327.74 by any law enforcement agency authorized to
370 issue such citations. Vessel owners will be provided thirty (30) days between
371 issuance of citations. Fines associated with citations are established as follows:
8
372 (1) First offense-$50
373 (2) Second offense- $100
374 (3) Third offense- $250
375 (4) Fourth or subsequent offenses- $250 and FWC will request that the owner
376 remove the vessel from the Managed Anchoring Zone or No Anchoring
377 Buffer Zone
378
379 W An person who fails to pLogerly respond to a Uniform Boating Citation issued
380 for a violation of this_article shall in addition to the charge relatingt o the
381 violation of the boating laws of this Cog=be charged with the offense of failing
382 to respond to such citation and upon conviction be guilty of a misdemeanor of the
383 second degree punishable as provided in F S § 775.082 and F S § 775.083.
384
385 (g) If a law enforcement officer determines that a vessel is derelict the violation shall
386 be processed in accordance with F.S. $ 823.11
387
388 (d) Allowance shall be provided for vessels in need of safe harbor due to severe
389 weather conditions or temporary mechanical issues which may otherwise prohibit
390 a vessel from safely departing a managed anchoring zone
391
392
393 Sec. 26-105. Exemptions. The following exemptions are provided:
BI
396 (a) Vessels equipped with only incinerating or composting toilets are not required to
397 provide proof of oumpout as those types of toilets are not designed to be pumped
398 out. However, effluent from those toilets is not allowed to be disposed of in the
399 waters of the No Discharge Zone within the Florida Keys.
400
401 bL1 Stored vessels are not required to provide proof of pumpout
402
403 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
404 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
405 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this
406 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision,
407 clause, sentence, or provision immediately involved in the controversy in which such
408 judgment or decree shall be rendered.
409
410 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
411 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal
412 of an ordinance herein shall not repeal the repealing clause of such ordinance or revive
413 any ordinance which has been repealed thereby.
414
415 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of
416 the Secretary of the State of Florida and shall become effective as provided by law.
417
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418 Section 5, Codification. The provisions of this ordinance shall be included and
419 incorporated into the Code of Ordinances of Monroe County, Florida and shall be
420 numbered to conform with the uniform numbering system of the Code.
421
422 Section 6. Expiration Date. The FWC Pilot Program is scheduled to expire on July
423 1, 2014, unless extended by the Florida State Legislature. This ordinance shall expire or
424 be extended concurrently with the FWC Pilot Program.
425
426 SECTION 2
427
428 Attachments A and B are specifically incorporated herein as mentioned in the text
429 of the ordinance above.
430 SECTION 3
431
432 Severability. If any section, paragraph, subdivision, clause, sentence or provision of this
433 ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
434 judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance,
435 but the effect thereof shall be confined to the section, paragraph, subdivision, clause,
436 sentence, or provision immediately involved in the controversy in which such judgment
437 or decree shall be rendered.
438
439 SECTION 4
440
441 Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict with
442 this ordinance are hereby repealed to the extent of said conflict. The repeal of an
443 ordinance herein shall not repeal the repealing clause of such ordinance or revive any
444 ordinance which has been repealed thereby.
445
446 SECTION S
447
448 Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of
449 the State of Florida and shall become effective as provided by law.
450
451 SECTION 6
452
453 History Notes.This ordinance shall be sent to Municipal Code Corporation to include this
454 ordinance in the history notes along with Ordinance 036-2012 in the Monroe County
455 Code.
456
457
458
459
460
461
462
10
463 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
464 Florida at a regular meeting held on the 20th day of February,2013.
465
466 Mayor George Neugent Yes
467 Mayor pro tem Heather Carruthers Yes
468 Commissioner David Rice yeS
469 Commissioner Danny L. Kohlage Yes
470 Commissioner Sylvia Murphy Yes
471
472
473 MONROX COUNTY BOARD OF COUNTY COMMISSIONERS
474
475
476 Attes�t:7AMY HEAVILIN, CLERK
478 By V By
479 Deputy Clerk Mayor George Neugent
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