Ordinance 035-1997Marine Resources Department
ORDINANCE NO.' 035 _1997
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, CREATING A BOATING RESTRICTED AREA (IDLE SPEED/NO WAKE ZONE) FOR
ALL RESIDENTIAL MAN-MADE CANALS IN THE FLORIDA KEYS AREA OF MONROE COUNTY
EXCLUDING THE INCORPORATED MUNICIPALITIES; PROVIDING FOR POSTING;
PROVIDING FOR PENALTIES FOR VIOLATIONS; 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, boat wakes in residential man-made canals create a wash that, can 'dar: i6ge
boats moored at docks or canal side by causing those boats to crash against docks or tt'e canal
sides; and -�
WHEREAS, boats moving at speeds sufficient to generate a wake also 6.ndanger` Rersons
swimming in residential man-made canals and disturb or annoy adjacent wildlife; n< vw thMerefone
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Definitions.
a) "Idle speed/no wake" means that a vessel cannot proceed at a speed greater than
that speed which is necessary to maintain steerageway.
b) "Dwelling unit" means a building or connected buildings used as a residence by an
individual or individuals.
c) "Residential man-made canal" means an artificial waterway that: (i) has both its sides
or banks in the form of a vertical rock face, seawall or rip rap; and, (ii) has any dwelling units on
property adjoining the waterway.
d) "Vessel" is synonymous with boat as referenced in Art. 7, Sec. 1(b), Fla. Const. (1968),
and includes every description of watercraft, barge and air boat, other than a seaplane on the
water, used or capable of being used as a means of transportation on the water.
Section 2. Idle Speed / No Wake Boating Restricted Area Established.
No person may operate a vessel at a speed in excess of idle speed/no wake in any
residential man-made canal located in the Florida Keys portion of Monroe County, excluding the
incorporated municipalities. A map reflecting the area affected by this ordinance is attached as
Exhibit A and made a part of this ordinance. The map must also be available to the public at the
Monroe County Department of Marine Resources.
Section 3. Regulatory signs and Markers.
Signs describing the Idle Speed / No Wake boating restricted areas set forth in Sec. 2 must be
posted: (i) along U.S. Highway 1 near the Monroe County border and at least four other locations
along U.S. Highway 1 from the Upper Keys to the Lower Keys; (ii) posted at public boat launching
ramps; and (iii) at marinas whose operators wish to post such signs. The posted signs must be in
accord with applicable state and federal laws and regulations. If any regulatory markers are placed
in any of the residential man-made canals described in Section 2, those markers must be in accord
with applicable state and federal laws and regulations.
Section 4. Hold Harmless Agreement Authorized.
If a permit or permits from the Division of Law Enforcement of the Department of
Environmental Protection (the "Department") for any of the Idle Speed / No Wake boating restricted
areas described in Sec. 2 are needed or later become necessary, the County consents and agrees
to hold the Department harmless from fault with respect to any claim or claims arising from alleged
negligence in the placement, maintenance or operation of the Department -approved markers. The
Mayor is authorized to sign and execute an agreement to that effect with the Department if required
by the Department's rules or procedures.
Section 5. Penalties.
a) Any person cited for a violation of this ordinance is deemed charged with a
noncriminal infraction, must be cited for such an infraction, and must be cited to appear before the
county court. Citations may be issued pursuant to Sec. 327.74, Fla. Stat. (uniform boating citations)
by any law enforcement agency authorized to issue such citations. The civil penalty for any such
infraction is $50, except as otherwise provided in this section.
b) Any person cited for an infraction under this section may:
1) Post a bond, which must be equal in amount to the applicable civil penalty; or
2) Sign and accept a citation indicating a promise to appear. The officer may
indicate on the citation time and location of the scheduled hearing and
must indicate the applicable civil penalty.
2
c) Any person who willfully refuses to post a bond or accept and sign a summons is guilty
of a misdemeanor of the second degree.
d) Any person charged with a noncriminal infraction under this section may:
1) Pay the civil penalty, either by mail or in person within 10 days of the date of
receiving the citation, or
2) If he has posted bond, forfeit bond by not appearing at the designated time
and location.
If the person cited follows either of the above procedures, he is 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 may not be used as evidence in any other proceedings.
e) Any person electing to appear before the county court, or who is required to appear,
is deemed to have waived the limitations on the civil penalty specified in subsection (a). The county
court, after a hearing, must make a determination as to whether an infraction has been committed.
If the commission of an infraction is proved, the county court may impose a civil penalty not to
exceed $500.
f) At a hearing under this chapter the commission of a charged infraction must be
proved beyond a reasonable doubt.
g) If a person is found by the county court to have committed an infraction, he may
appeal that finding to the circuit court.
Section 6. Exemption.
This ordinance does not apply in the case of an emergency or to patrol or rescue craft.
Section 7. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance is not affected by that invalidity.
Section 8. All ordinances or parts of ordinances in conflict with this Ordinance are
repealed to the extent of the conflict.
Section 9 The provisions of this Ordinance must be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment to the Code,
and must be appropriately renumbered to conform to the uniform numbering system of the Code.
3
Section 10. A copy of this Ordinance must be filed with the Secretary of State, State of
Florida, but will not take effect until the Idle Speed/No Wake boating restricted area is approved by
the necessary state and federal agencies.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the 17th day of September , 1997.
Mayor Douglass
Mayor Pro Tern London
Commissioner Harvey
Commissioner Freeman
` a r
Commissioner Reich
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
ordl nowakel
yes
-yes
no
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MON OE UNTY, FL IDA
By
Ma or/Chairm
APPROVED AS TO FORffi
AND L SUE; Y
BY
ROB RT N. WO
DATE' r
4
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1
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Exhibit A
Florida Keys Portion of Monroe County
No person may operate a vessel at a speed in excess of idle
speed/no' wake in any residential man-made canal located in the
Florida Keys portion of Monroe County, excluding the incorporated
municipalities of Key West, Key Colony Beach, and Layton.
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300111annp 1. Rotjage
BRANCH OFFICE CLERK OF THA CIRCUIT COURT
3117 OVERSEAS HIGHWAY MONROE COUNTY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET
TEL. (305) 289-6027 KEY WEST, FLORIDA 33040
FAX (305) 289-1745 TEL. (305) 292-3550
FAX (305) 295-3660
a
October 7, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Lis Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-02SO
Dear Mrs. Cloud:
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL (305) 852-7145
FAX (305) 852-7146
Enclosed please find certified copies of Ordinance Nos. 034-
1997 and 035-1997, which are self-explanatory.
These Ordinances were adopted by the Monroe County Board of
County Commissioners at a Regular Meeting in formal session on
September 17, 1997. Please file for record.
Danny L. Rolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
.1 L."- I C . O ..".
Deputy Clerk
cc: Municipal Code Corporation
Board of County Commissioners
Marine Resources Department, Reso. 1035-1997
Public Works Director, Reso. ,#034-1997
Sheriff Richard D. Roth, Reso. 1034-1997
County Administrator
County Attorney Ii
✓File
i
i
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the SecretarN =
Office uf-lnternationdl Relations = _
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Di\ ision of Election,
Division of I listorical Resources •�Cpp we
Division of Libras and Information Services
Di%isionofLicensing
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
October 14, 1997
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
MEMBER OF THE FLORIDA CABINET
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
Ringling Museum of Art
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated October 7, 1997, and certified copy each of Monroe County Ordinance Nos.
97-34 and 97-35, which were filed in this office on October 13, 1997.
Sincerely,
U)te,—) uz,(—x
Liz Clou , Chief
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building • 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (904) 488-8427
FAX: (904) 488-7869 • WWW Address http://www.dos.state.fl.us • E-Mail: election@inail.dos.state.fJ.its
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PROOF OF PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
Tom Schumaker
Before the undersigned authority personally appeared --- ___who on oath, says that he/she is
Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice of Intention to
Consider Adoption of County Ordinance — No Wake Zone
IN THE MATTER OF:
in the
Court was published in said newspaper in the issues of
August 30, SEptember 6, 1997
-----------------------------------
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper no`Z6496OO
NOTICE OF INTENTION TO
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- CONSIDER ADOPTION OF
COUNTY ORDINANCE
paper has heretofore been continuously published in said MONROE COUN- HNCGIVEN TWO IT MAY
TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been 9s at 11: a.m. atntlMe
athon Government Cents
entered as second class mail matter at the post office in MARATHON, in 2798Overseas Highway, Man
thou. Monroe County, Florid,
said MONROE COUNTY, FLORIDA, fora period of one year next preceding the es rd f c�latty common
P Y P g da, isends toeco . th
the first publication of the attached copy of advertisement; and affiant fur- aadopto�'ofthe following Cour
ty ordinance: `-
ther says that he has neither paid nor promised any person, firm, or corpo- AN ORDINANCE OF TH
BOARD OF COUNTY COMMIS
ration any discount, rebate, commission or refund for the purpose of secur- SIGNERS OF MONROE COUh
TY, FLORIDA, CREATING,, ,
BOATING RESTRICTED ARE,
ing this advertisement for publication in the said newspaper. (SEAL) ODLESPEEO/NO WAKE ZONI
FOR ALL RFSInFNT1At MA&
)ING THE IN-
MUNICIPALI-
i FOR POST -
FOR PENALI-
PROVIDING FOR THE REPEAL
OF ALL"ORDINANCES INCON-
SISTENT HEREWITH: PROVID-
MARY LOU SOLLBERQER ING FOR INCORPORATION
pnr r- INTO THE COUNTY
Notary Public, state of Fiod CODE OF ORDINANCES; AND
• My comm. e0res 8114100 PROVIDING FOR AN EFFEC-
(S C a l) t TI VE DATE.
Bonded By ServiCa his. Pursuant to Section 286.0105,
,f No, CCSM77 Florida Statutes, notice is given
pseo W y KnM 1 1 DIMr I.D. than if a person decided to sp-
peal any decision made by the
8 t h ter consideferespect c hi gta
SWORN TO AND SUBSCRIBED BEFORE ME THIS or meetings,he will need'a re-
cord of oppdir�s and
that, for such purer pose, he mey
need to ensure that a verbatim
record of the proceedinrpgs is
made, which record includes
September 97 the testimony
hi h to and i:evidteon e
DAY OF A.D. 19
based.
Copres of the above -referenced
ordinance are available for re-
_—__—_ — —_— view at the various public librar-
ies ies in Monroe County, Florida.
Dated at Key West, Florida, this
-- 21 st day of August, 1997.
U
DANNYLKOLHAGE,
(/`/// Clerk of the Circuit Court
and ex officro Clerk of the Board
of County Commissioners of
Monroe County, Florida
Publish August 30, September
6, 1997.
L Florida Keys Keynoter
(�;4, V3jS
Published Daily
Key West, Monroe County, rioritla 33040
STATE OF FLORIDA
COUNTY OF MONROE.-
Before (he undersigned authority personally appeared handy G. Erickson, who on oath
says Ilia( he is Adverllsing Manager of (lic Key Wes( Citizen: a daily newspaper published
at Key West in Monroe County, Florida; that (fie a((,-)ched copy of the advertisement, being
a legal notice
in the matter of bq%V'e. C4
in (he court, was published in said newspaper in the
issues of
Affian( further says that -the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaperh. s heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) and has been entered as second-class mail mattdrat the=post-office in
Key West, in said Monroe County, Florida, for a period of 1 year next*prece-ding :the first
publication of the attached copy of advertisement; and affiant further says iha"fie Mas nei-
ther 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 news-
paper.
(Signa(ure of AffianO
Sworn to and subv:nbod before me ll)rs % day of . 1997
f._xpires_J,,07'2O
Personally Knowrl or Producc-d Idcnllflcallorl
lypv of Ic)c nlillc,:rllc�n ('icxluc:c'cl
(Signature o Notary Public)
(Nance of Notary PUQUO
Teresa Gayle DarNnq
_* .= MY COMMISSION N CC585942 EXPIRES
"^ a= September 17, 2=
BONDED THRU TROY FAIN INSURANCE, INC.
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY -
ORDINANCE
NOTICE.- IS' HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, September 17th, -1997
at 10:00 AM, at the Marathon Gov-
ernment Center, 2798- Overseas
Highway, Marathon, Monroe County
Florida, the Board of County Com
missioners of Monroe County, Flor-
ida, intends to consider the adoption
Of the following County ordinance.
'AN ORDINANCE OF THE BOARD
'OF COUNTY COMMISSIONERS OF. ;
MONROE COUNTY„ FLORIDA,
`CREATING A BOATING RE-
STRICTED AREA (IDLE SPEED/NO
WAKE ZONE) FOR ALL RESIDEW .
!TIAL MAN-MADE CANALS IN THE
!FLORIDA KEYS AREA OF ,MON-
NROE COUNTY EXCLUDING' THE
4NCORPORATED MUNICIPALI-
TIES; PROVING FOR POSTING;
PROVIDING FOR VENALITIES FOR
!VIOLATIONS; PROVING FOR SEV-
iERABILITY; PROVIDING FOR THE -
;REPEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWITH PROVID-
ING FOR INCOROPATION 'INTO
THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVING FOR
AN EFFECTIVE DATE. Pursuant to .
.Section 286.0105,':,Florida Statutes, ,
notice is given that is -a person de-
cided to appeal . any decision' made
by the Board with respect to any mat-'
ter considered at such hearings or
Meetings, he will need a record of the "
Proceedings, and that, for such pur-
pose, he may need to ensure that a
Verbatim record of the proceedings is
made, which record includes the tes-
timony and evidence upon, which the .
appeal is to be based'
Copies of the above -referenced ordi-
nance are available for review at the
various public libraries in Monroe
;County, Florida:
Dated at Key West, Florida, this 21 st
day of August, 1997.
DANNY L. KOLHAGE
Clerk of the Circuit Court
and ex-officio Clerk of the Board of
County Commissioners,of Monroe
County, Florida
„ August 29th & September 5th 1997
Published Daily
I(cy West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE.-
Before the undersigned aulhon(y personally appeared Bandy G. Erickson, who on oath
says that he is Adv6ilising Manager of the I<ey \Arcs( Citi�cn; a daily newspaper published
al Key Wes( in f\401"-Oe County, Florida; Ilia[ Me altaached copy of the advertisement, being
a legal notice
in the mailer of iyy? I•(t v� �r��te►n i'or. l �>�. c'h5 �.
GO 124-1 na (ResIrtC�4t6 kOrt .
in the �^ Ir~ court, was published in said newspaper in the
issues of -_ I)c,ca ,,QL ' 1 4�
Affiant further says that- the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) and has been entered as second-class mail matter a( the post office in
Key West, in said Monroe County, Florida, for a period of 1 year next preceding the firs(
publication of the attached copy of advertisement; and affian( further says that he has nei-
ther 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 news-
paper.
I
Sworn to and sul).,(;r11)r'd before me Ilia, _-_ % day of
1'ersun<)Ily Kruw�rl Of I'roduc;r d (dc n(Iflc;�llc)rl
1 yl)c' of Icl� nlrlrr-:flr�rrl ('r�)<Jru:r �!
(Signa(ure of Affiant)
_ 1997
Si na(ure of tV�rY Public
( 9 )
(Nariie of No(ary f'ut?tic)
Teresa Gayle Daring
•
MY COMMISSION 0 00585942 EXPIRES
X.,•Qr
September 17, 2000
BONDED TWU TROY FAIN INSURANCE, INC.
NOTICE OF INTENTION TO CON-
SIbER ADOPTION OF COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, -teptember 17th, 1997
at 10100 AM, at the Marathon Gov-
ernment Center, 2798 Overseas
Highway, Marathon, Monroe County,
Florida, the Board of County Com-
missioners of Monroe County, Flor-
ida, intends to consider the adoption
of the following County ordinance.
AN; ORDINANCE OF THE BOARD
AF,C.b1JNT'i COMMISSIONERS OF
MONROE COUNTY, FLORIDA,
CREATING A BOATING RE-
STRICTED AREA (IDLE SPEED/NO
WAKE 'LONE) FOR ALL RESIDEW
TIAL MAN-MADE CANALS IN THE
FLORIDA KEYS AREA OF MON-
ROE COUNTY EXCLUDING THE
INCORPORATED MUNICIPALI-
TIES; PROVING FOR POSTING,
PROVIDING FOR VENALITIES FOR.
VIOLATIONS; PROVING FOR SEV-
ERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWITH PROVID-
ING FOR INCOROPATION INTO
THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVING FOR
AN EFFECTIVE DATE.Pursuant to
Section 286.0105, Florida Statutes,
notice is given that is a person de-
cided to appeal any decision made
by the Board.with respect to any mat-
ter considered at such hearings or
meetings, he will need a record of the
proceedings, and that, for such pur-
pose, he may need to ensure that a
verbatim record of the proceedings is
made, which recordincludes the tes-
timony and evidence upon which the
appeal is to be based.
Coples of the above -referenced ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida.
Dated at Key West, Florida, this 21st
day of August, 1997.
DANNY L. KOLHAGE
Clerk of the Circuit Court
and ex-ofncio Clerk of the Board of
County Commissioners of Monroe
County; Florida
August 29th & September 5th 1997
Serving the Florida Keys
P.O. Box 1197 • Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8249
STATEMENT OF PROOF OF PUBLICATION
USPS #905580
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared NANCY J. THOMPSON, who on oath, says that she
is ADVERTISING EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal
advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being
a legal ad.
IN THE MATTER OF NOTICE OF INTENTION
IN THE Court, was published in said newspaper in the issues of 8128197 and 9/4/97.
Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,
Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement;
and afiant further says that she has neither paid nor promised any firm, person, or corporation any discount,
rebate, commission or refund for the purpose of securing this said advertisement for publication in the said
newspaper.
SEAL
SWORN TO AND SUBSCRIBED BEFORE ME THIS 4th DAY OF SEPTEMBER A.D. , 1997
NOTARY PUBLIC
OFFICIAL NOTARY SEAL (, O� PaY P&e�i KAREN E CUSHMAN
MY COMMISSION EXPIRES: -CO RC5
CC047920
MY COMMISSION EXPIRES
OF F\V0 AUG. 29,1998
NancE OF VgTVM0N TO CONSWM
NOTKEIS HEREBYGIVENTO WHOM ITMAYCONCERNthat
on Wednesday, September 17, 1997, at 10 00 A.M. at the Marathon
Government Center, 2799 Overseas Highway, Marathon, Monroe coun-
ty, Florida, cite Board of Gouuty Commissioners of Monroe County,
Florida„ intends to consider the adoption of the following County ordi-
nance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, CREATING A BOAT-
ING RESTRICTED AREA (IDLE SPEED/NO WAKE ZONE) FOR ALL
RESIDENTIAL MAN-MADECANALS IN THEFLORIDA KEYS AREA
OF MONROE COUNTY EXCLUDING THE INCORPORATED MU-
NICIPALITIES; PROVIDING FOR POSTING; PROVIDING FOR PEN-
ALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABII.TTY;
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MON-
ROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
pursuant to Section 2".0105, Florida Statutes, notice is given that if
aperson decided to appeal any decision made by the Board with respect to
any matter considered at such hearing or meeting; 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 record includes the
testimony and evidence upon which the appeal is to be based.,
Copieaof the above -referenced ordinance are available for review at
the various public libraries in Monroe County, Florida.
DATED at Key Weal, Florida, this 21st day of August, 1997.
DANNY L. KOLHAGE
Clerk of the Circuit Court
and ex offteio Clerk of the
Board of County Commissioners
of Monroe County, Florida
Publided:SM and 9/4/97
The Reporter
Tavernier, FL 33070
Serving the Florida Keys
P.O. Box 1197 • Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8249
STATEMENT OF PROOF OF PUBLICATION
USPS #905580
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared NANCY J. THOMPSON, who on oath, says that she
is ADVERTISING EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal
advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being
a legal ad.
IN THE MATTER OF NOTICE OF INTENTION
IN THE Court, was published in said newspaper in the issues of 8/28/97 and 9/4/97.
Afiiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,
Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement;
and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount,
rebate, commission or refund for the purpose of securing this said advertisement for publication in the said
newspaper.
SEAL
SWORN TO AND SUBSCRIBED BEFORE ME THIS 4th DAY OF SEPTEMBER A.D. , 1997
L � (. n 4 7
NOTARY PUBLIC
Ry p OFFICIAL NOTARY SEAL
MY COMMISSION EXPIRES: �P Uee KAREN E CUSHMAN
R
N, Q CC647920
MY comLI.SSION EXPIfE:S
`�OF FVO AUG. 29,1998
NOTICE OF INTENTION TO CONSIDER --
ADOPTION OF COUNTY ORDINANCE
NOTICT IS HEREBY GIVENTO WHOM ITMAYCONCERNthat
on "Wednesday, September 17, 1997,. at 10' 00' A M. at the Marathon
Government Center, 2798 Overseas Highway, Marathon, Monroe Coun-
ty, Florida, the Board of County Commissioners of Monroe•County,
Florida, intends to consider the adoption of the following County ordi-
nance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY; FLORIDA, CREATING A BOAT-
ING RESTRICTED AREA (IDLE SPEED/NO WAKE ZONE) FOR ALL
RESIDENTIAL. MAN:MADECANALS INTHEFLORIDA KEYS AREA.
OF MONROE COUNTY EXCLUDING THE INCORPORATED MU-
NICIPALITIFS; PROVIDING FOR POSTING; PROVIDING FORPEN-
ALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY,
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MON-
ROE COUNTY CODE' OF.ORDINA_NCES; AND PROVIDING -AN
EFFECTIVE DATE.
Pursuant to Section 286.0105, FloridaStatutes, notice is given that if
a person decided to appeal any decision made by the Board with respect to ,'
any matter considered at such hearing or [meeting, 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 record includes•the '
testimony and evidence upon which the appeal is to be based.
Copies of the above -referenced ordinance are available for review at
the -various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 21st day of August, 1997.
DANNY L. KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the'
Board of County Commissioners
of Monroe County, Florida
Published:8/28 and 9/4/97
The Reporter
Tavernier, FL 33070