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Ordinance 020-2003 Marine Resources ORDINANCE NO. 020-2003 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COMMISSIONERS AMENDING ARTICLE II, SECTION 5.5-17, BOATS, DOCKS, AND WATERWAYS, ELIMINATING THE TERM AND DEFINITION "NAVIGABLE CANAL" AND REPLACING IT INSTEAD WITH THE TERM AND THE DEFINITION "MAN MADE WATER BODY" AS CURRENTLY ESTABLISHED IN ARTICLE I OF THE CHAPTER, FURTHER AMENDING THE CHAPTER TO MODIFY CERTAIN ARTICLES AND SECTIONS THROUGHOUT THE CHAPTER TO MOVE ALL DEFINITIONS TO ARTICLE I OF THE CHAPTER, PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF SECTIONS FOUND INCONSISTENT WITH THIS REVISION, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the term "navigable canal" as defined in Chapter 5.5, 17 is overbroad and exceeds the intent of the Board of County Commissioners when adopting the Section; and WHEREAS, the term "man-made water body" as also defined in the Chapter better defines the intent of the Board in adopting an Ordinance requiring that man-made canals be maintained for unobstructed navigation; and WHEREAS, it is the intent of the Board to consolidate the Code, such as definition sections, for simplicity of use, now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA THAT REVISIONS TO CHAPTER 5.5 OCCUR AS FOLLOWS: Section 1. Revise Chapter 5.5, Article I to add definitions as follows: 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; (2) any other vessel, except a recreational vessel as defined in this section. 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(s). Mooring field(s) means areas in and adjacent to Monroe 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 will be approved by the state. C:\TEMP\OrdMangroveTrimRev.070903.doc Marine Resources 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: (a) Manufactured and used primarily for noncommercial purposes; or (b) Leased, rented, or chartered to a person for the person's noncommercial use. Residential area means any area designated improved subdivision, suburban residential or suburban residential limited, sparsely settled, urban residential, and urban residential mobile home under the Monroe County land development regulations. Seaworthy condition means that a vessel is in good condition and capable of the use for which it was designed. Section 2. Include definitions, existing or to be included in Article I, as referenced in Ordinance 006- 2003, but revised herein: Motorized Vessel means any vessel, which is propelled or powered by machinery and which is capable of being used as a means of transportation on water. Combustion Vessel Exclusion Zone means that no person shall operate a motorized vessel (as defmed in Article I of this Chapter), 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 which is so identified as a "Combustion Vessel Exclusion Zone" by appropriate signage. Section 3. Replace 5.5-16 (a) Definitions with the following text: (a) Definitions shall apply as provided in Article I of this chapter or as referenced from other chapters as appropriate. Section 4. Replace 5.5-17 (a) Definitions with the following text: (a) Definitions shall apply as provided in Article I of this chapter or as referenced from other chapters as appropriate. Section 5. Revise Section 5 .5-17 (b) to read as follows: (b) Prohibition on causing or permitting trees to interfere with vessels upon any man-made waterbody. No real property owner may cause, suffer, or permit a tree, trees or other vegetation, to grow, or otherwise extend, from his or her real property into or over a man-made water body in such a way or manner as to constitute a navigational hazard to, or to interfere with, vessels engaged in a journey or ride upon the man-made water body. Section 6. Replace 5.5-46. Definitions, with the following text: Definitions shall apply as provided in Article I of this chapter or as referenced from other chapters as appropriate. Section 7. Replace 5.5-77. Definitions, with the following text: c:\ TEMP\OrdMangroveTrimRev.070903.doc Marine Resources Definitions shall apply as provided in Article I of this chapter or as referenced from other chapters as appropriate. Section 8. Revise Chapter 5.5-108 (c) as follows: Combustion Engine Exclusion Zones: No person shall operate a motorized vessel in the following areas spatially defined as "combustion engine exclusion zones." Chapter 5.5, 108 (c) (1) through (4) are retained intact. Section 9. 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 10. 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 11. 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 12. Effective date. 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. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on the 18 th day of June , A.D., 2003. ~~~~ ..-;.......'" Of-~.~ ;%:"-(c6.',...... ..., N. "" ,,',,:; ..v~}~J',:;,r-"-.;;:,!1;,. ;;;;'.'" //(1'/,-\~ ........,.)..":'~ .J/;.r,.I.~:'."...' r..--_.?"......~..-.'13 ~......'.--...::..'.'...'...'.'~;.\...._ _{ ", E ~......, q, \ _ ,t-.~', ,.", ':1':.-~ 'I.....' ....~" )". :\-.~..\ ! ~~:'d..t:.,"- ~,'-~' {\~ .., )/... ,'< --:. ~.,-.,." .,~, (J.:C "'1f>H. .. :l,;::i:L/') ~:\. <'AtteSt: t)ANNY L.KOLHAGE Clerk '.:, '. ' . .:., .,.. 0: .: ' Mayor Dixie Spehar Mayor Pro Tern Murray Nelson Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner David Rice YES YES not oresent YES YES - ...... . BG~ ~ NDeBYtY.€lerk o . . (.')..J _ ~-r I..L- U - -r-:. 'J.. ' __ .:x:.' ,>- '" -.I __ ~-'~~_ ex:: .a.: ..~ ~. 3 ~ 0 (....le:::> o J .t..) lJ... ~>- ~\..oJ Cl =::) ....:': d Cl L.LJ --, ::.;::;,; cr:: ..-( z .-J 6 '":"-1 ~ lJ... ~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~)J; >n ~ By Mayor/Chairperson ~ . R~"2 t;l, _ -IT.3' DATE "l t) C:\TEMP\OrdMangroveTrimRev.070903.doc CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAJ<(305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAJ<(305)295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAJ< (305) 852-7146 July 10, 2003 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 Via Certified Mail 7002 2030 0001 26688108 Dear Mrs. Cloud, Enclosed please find a certified copy of Ordinance No. 020-2003 amending Article II, Section 5.5-17, Boats, Docks, and Waterways, eliminating the term and definition "navigable canal" and replacing it instead with the term and the definition "man made water body" as currently established in Article I of the Chapter, further amending the Chapter to modify certain Articles and Sections throughout the Chapter to move all definitions to Article I of the Chapter, providing for inclusion in the Code of Ordinances, providing for severability, providing for repeal of Sections found inconsistent with this revision, and providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on June 18, 2003. Please file for record. Should you have any questions please feel free to contact me at (305) 292-3550. Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by c;J;;~ a ela G. Hancock, D.C. Ordinance No. 020-2003 cc: Municipal Code Via Certified Mail 7002 2030 0001 2668 8092 County Administrator w/o documents Growth Management County Attorney BOCC File U.S. Postal ServiceTM o CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) c For delivery information visit our website at www.usps.coms co _a G � F O C A L Li i� ru Postage $ . (±,0 FL 330 0O Certified Fee r p �5 �O v Postmark 0 Return Reciept Fee (Endorsement Required) 1 ,? W o IM Restricted Delivery Fee `` o Z ITt (Endorsement Required) • Jv\' . o Department of taty� (�� B1g4� laKfliistr�ti`v� Cote BcyQS Q:. 0 TTIlins Building . in 1117__W.e_at_G.ain.es_Suleet,--Sua-te-L-43 ra ee, Florida 32399-0250 City,S to,Z 4' ttL 0Zo • 7-0J j PS Form 3800,June 2002. See Reverse for Instructions U.S. Postal Servicery rum. CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.como J ru Postage $ , i ra 0 Certified Fee -, 3 6 A rrj3°40 Po .ark 0 Return Reciept Feerzi R Here J (Endorsement Required) 4 N 2 0 Restricted Delivery Fee O CO 4 m (Endorsement Required) -G��11jCI 1 '� ru Total Postage&Fees $ 4.�� lfL.5 J (&: ru Sent To o Municipal Code Corp r- Street,Apt.No.; P. O. Box 2235 or PO Box No. ci ,State ZIp+T ttatta55Lr��-Ft.3231 2235 See Reverse for Instructions PS Form 3800,June 2002 SENDrER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ` ® Complete items 1,2,and 3.Also complete `-J A. Si. ature J item 4 if Restricted Delivery is desired. ....1. ../i2..-e �� ? -- 0 Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by,(4 i ted 1d e) C. Date of Delivery ■ Attach this card to the back of the mailpiece, �� or on the front if space permits. 1•:k / lic ' D. Is delivery a•'��`- n i.em�WI 1. Article Addressed to: If YES,entelivery addr ss below; . ❑ it 6 _',l 4 LA Municipal Code Corporation gY, _______a_ __ F. O. Box 2235 Tallahassee, FL 32316-2235 3. SSvice Type LEI Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise , ❑ Insured Mail ❑ C.O.D. • . � 0 20•yv o 3 4. Restricted Delivery?(Extra Fee) ❑Yes ' 2. Article Number (lansfer;from service label); 7002 2030 :0 0 01 ;2668 8 0 9 2 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY i • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X 0 A g nt ' • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) r �rC. Lai of ry • Attach this card to the back of the mailpiece, . or on the front if space permits. D. Is delivery address different from item 1? ❑Yes • 1. Article Addressed to: If YES,enter delivery address below: 0 No �y� i e• E CIE PENTON ;partmnt of State DEPARTMENT -� GRA EPAG � ireau of Administrative Code ;e Collins Building 3. Sr ice Type •7 West Gaines Street, Suite L43 ® Certified Mail 0 Express Mail ' Ilahassee, Florida 32399-0250 • ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. C Zo . Zo u 3 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7002 2030 0001 2668 8108 (Transfer from service label) i i PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-154d 6"1.93 iamm"N The Florid. Keys Only DIII/y New.pa".... Est. 1876 Cooke Communications, LLC Florida Keys Mary Beth Canitano Advertising Coordinator PO Box 1800 Key West FI 33041 Office... ... ....305-292-7777 Extension... ... ... ... .... .x219 Fax... ... ... ... .305-294-0768 mcanitano@keysnews.com INTERNET PUBLISHING keywest.com keysnews.com fIoridakeys.com key-west.com Web Design Services NEWSPAPERS The Citizen Southernmost Flyer Solares Hill Big Pine Free Press Marathon Free Press Islamorada Free Press Key largo Free Press Ocean Reef Press Seaport log MAGAZINE The Menu Home Guide C~izen local's Guide Paradise Keys TV Channel Guide MARKETING SERVICES Commercial Printing Citizen locals Card Direct Mail FLORIDA KEYS OFFICES Printing I Main Facility 3420 Northside Drive Key West. Fl 33040-1800 Tel 305-292-7777 Fax 305-294-0768 citizen@keywest.com Internet Division 1201 VVh~e Street (Suite 103) Key West. Fl 33040-3328 Tel 305-292-1880 Fax 305-294-1699 sales@keywest.com Middle Keys Office 6363 Overseas Hwy Marathon, Fl (MM 52.5) 33050-3342 Tel 305-743-8766 Fax 305-743-9977 navigator@floridakeys.com Upper Keys Office 81549 Old Hwy PO Box 469 Islamorada, Fl (MM81.5) 33036-0469 Tel 305-664-2266 Fax 305-664-6411 freepress@floridakeys.com Ocean Reef Office 3A Barracuda lane Key largo, Fl 33037 Tel 305-367-4911 Fax 305-367-2191 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice-President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; th the attached copy of dvertisem nt, being a legal notice in the matter of . . In the Court, was published in said newspaper in the issues o{1. 1 J hl 0 " anr\.. j . Affiant er says that the Key West CItizen IS a newspaper publtshed In Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ~ Signature of Affiant Sworn and subscribed before me this d day (jJ.lJ\/1 ) ,2003 Expires: January 15,2007 Notary Seal "'"'''''' MARY BETH CANITANO ,\ ,..'ilV P(J I, /;>.... :(;;-'~Notary Public. State of Florida ~. : : . ~MvCamlilsionExpiesJan 15.2007 <';;:" ~~/ Commission # 00178046 "'~.9f,~,\,"" Bonded By National Notary Assn. Personally Known x Produced Identification Type of Identification Produced o 0::: o U L,'~.! u:: Ct': o lL. o I...LJ -' L.t... 02..0 NartCE OIl TO ~ONSIDIR ADOPTION OF COUNTY .ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, June 18,~bo3; at'3:0Q PM aftrte Mara1hOt'l Gllwmment Center, '2798 Overseas> HighWay, Marathon, Monroe County., .Florida, the Board of County Commissioners of Monroe County, Florida; intends to consider the adoption of the follow- ing County ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COMMIS- SIONERS AMENDING ARTICLE II, SECTION 5.5-17, BOATS. DOCKS, AND WATERWAYS. ELIMINATING THE TERM AND DEFlNmON "NAVIGABLE CANAL" AND RE. PLACING IT INSTEAD WITH THE TERM AND THE DEFINmON "MAN MADE WATER BODY" AS CURRENTL YESTABLlSHED IN ARTICLE J OF THE CHAPTER, FURTHER AMENDING THE CHAP- TERTO MODIFY CERTAIN ARTI- CLES AND SECTIONS THROUGH- OUT THE CHAPTER TO MOVE ALL DEFINITIONS TO ARTICLE I OF THE CHAPTER, PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES. PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF SECTIONS FOUND INCONSISTENT W1THfHIS RIM- SION, AND PROVIDING FORAN EFFECTIVE DATE. '..0 C"? Pursuant to Section 286,0105, Flori- da Statutes, notice is given that if a person decided to appeal any deci- sion made by the Board with respect to any matter considered at such hearings Of' meetillg$. he wiU need a record of the ~, andttlat, for such purpose,' he may . need to. ensure that a verbatim record of the proceedingS is made. which ,record includes the testimony and evidence. lJ1'OO wt:Ilch the appeal is to. be based. Copies of the above-refere~ced ordi- nance are available for revIew at the various pUblic libraries in Monroe County ,Rorida. . Dated at Marathon, Florida, this 23rd day of May, 2003. DANNY L KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Bo8td of County Commissioners . of Monroe County, FJorida June 1, 2003 ::c c::t: <( ;5 -1 <~ . u... :j t; :: ~~ ~{~ __.;Ui3 >-~w ..--10 ";;: W a:: -<( ;z: !:;) C) ..... ...::... o --r~'" :::) J ......... c=. c= '"" STATE OF FLORIDA DEPARTMENT OF STATE JEB BUSH Governor GLENDA E. HOOD Secretary of State July 18, 2003 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 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 July 10, 2003 and certified copy of Monroe County Ordinance No. 020-2003, which was filed in this office on July 15, 2003. Sincerely, ~~dzuu- rex ~d ~ULw Sarah Jane Bradshaw Assistant Director a ~B/mp a::: c::> <C 0 '.LI , , E: (.::I -J '-- ~ lL. u., ....: 0::: %: 3'-''>: CJ: ~ ,""- a::: ~"~'~5 0 ; (.) CJ u.. N '- .(..) Cl -.J ':_'~W LtJ :::> .. --0 -, .,,: w 0:: ....J ......, <{ 2: - = 0 0 u... <::::::> ::c C'--.J BUREAU OF ADMINISTRATIVE CODE . DIVISION OF ELECTIONS The Collins Building, Room L43 . 107 W. Gaines Street. Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 . Facsimile: (850) 245-6282 . WWW: http://www.dos.state.fl.us E-Mail: DivElections@maiLdos.state.jl.us Email Confirmation un.,. I Code or "'W,;}:,:;,.: "::'Ntl':" .:" t" r' '; tn "a,o .. . 'N.< __' ..,. Municipal Code Corporation in fo@'mail.ml!nLcQde.com P.O. Box 2235 Tallahassee, FL 32316-2235 Monroe County,FL Code of Ordinances -1979(11270) Supplement 81 Recorded: 7/14/20031:27:33 PM We have received the following material through Hard Copy. This is our new acknowledgement format. You will no longer be receiving post cards for ordinances received. If you have any questions please contact us at the phone number or email address listed below. Thank you for your assistance and cooperation. Document Adoption Description Ordinance 6/18/2003 Amending sec. 6-90 powers and duties No. 023-2003 Ordinance 6/18/2003 Amending sec. 6-59(II1) and 6-62 regarding the testing agency No. 024-2003 Ordinance 6/18/2003 Amending Art. II, Sec. 5.5-17, Boats, Docks and Waterways. No. 020-2003 Ordinance 7/15/2003 Amending Code by prohibiting persons form willfully entering upon or No. 029-2003 remaining upon the premises of the Harvey Government Center at the Historic Truman School in Key West while conducting no legitimate public business. Tired of receiving your acknowledgements by mail? Send us your email address at inf()@mail.munjc~dEt.gom. Get our 50th anniversary cookbook at ww-'tt'.mur1ic:~d~&()rn You can submit your ordinances via email to ords(.ijlmQil.munico5:t~com. Should you have questions please contact us. Are you tired of mailing out codes and supplements? Tired of printing additional copies of codes? Let Municipal Code handle the distribution and sales. Contact the distribution department at: dis~l11ail.munico.qe.com Contact Information Ph 800-262-2633 Fax 850-575-8852 EmarLmfo@mall murllcode com Page 2 of3 ,...., ""T'l = :J:. c::> - 0 w.:> r % '- rrt :;::On, e CJ Or--~- 1 -" i"1~ W n' - 0 0 00. ::0 ~?'Ei ):JI> ::0 -I r' ::J: rTl -<(""')~ 0 . :-i> 25 ~ c, 0 r rn 0 ?:J l> --.l 0 http://intranet.municode.com/BIS/Recording/acknowledgePrint.asp?jobid= 12454&print=tr... 7/25/2003