Ordinance 051-1997051
ORDINANCE NO. -1997 z
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AN ORDINANCE CREATING A BOATING RESTRICTED A _Y
(IDLE SPEED/NO WAKE ZONE) FOR ALL OF COMMUNIF'
HARBOR; PROVIDING FOR DEFINITIONS; PROVIDING THAT -�
MONROE COUNTY AGREES TO HOLD THE FLORID
DEPARTMENT OF ENVIRONMENTAL PROTECTION HARMLESS
FROM ANY LIABILITY INCURRED FROM THE NEGLIGENT
POSTING OF BOATING RESTRICTED MARKERS; PROVIDING
FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Community Harbor, as described in Exhibit A, is
a well-known anchorage area for moored vessels, and has several shoreside
residences and marine businesses, vessels traveling through the harbor at
higher speeds create a dangerous situation; and
WHEREAS, in order to protect the public health and safety, the
Board of County Commissioners of Monroe County has determined that it
is necessary to create a boating restricted area (idle speed/no wake zone) in
the area described in Exhibit A; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
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.
1
b) "Vessel" is synonymous with boat as referenced in Art. 7, Sec.
l (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.
No person shall operate a vessel in the Idle Speed/No Wake boating
restricted area at a speed in excess of idle speed/no wake. The boating
restricted area is hereby established to be all waters within the area
described
in Exhibit
A.
A map
reflecting the boundaries
of the boating
restricted
area shall
be
available
at the Monroe County
Department of
Marine Resources.
Section 3, Idle Speed/No Wake Markers
The Idle Speed/No Wake boating restricted area described in Exhibit
A shall be marked on the waters with uniform regulatory markers in
accordance with applicable state and federal laws and regulations.
As a condition for the issuance of a permit from the Division of Law
Enforcement of the Department of Environmental Protection (hereinafter
"Department") for the Idle Speed/No Wake boating restricted area described
in Exhibit A, the County hereby 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.
2
Section 5. Penalties.
a) Any person cited for a violation of this ordinance 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 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 shall 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 the time and location of the
scheduled hearing and shall indicate the applicable civil penalty.
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 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.
3
e) 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 subsection (a). 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.
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.
Section6. Exemption.
This ordinance shall not apply in the case of an emergency or to a
patrol or rescue craft.
Section 7. 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 8. All ordinances or parts of ordinances in conflict with this
Ordinance are hereby repealed to the extent of said conflict.
Section 9.. The provisions of this Ordinance shall be included and
incorporated in 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 10. A copy of this Ordinance shall be filed with the
Secretary of State, State of Florida, but shall not take effect until the Idle
Speed/No Wake boating restricted area is approved by the necessary state
and federal agencies.
Cl
This ordinance establishing an Idle Speed/No Wake Zone at
Community Harbor was PASSED AND ADOPTED by the Board of County
Commissioners of Monroe County, Florida, at a regular meeting of said
Board held on the 12th day of November , A.D., 1997.
Commis s i aner Douglass yes
Mayor _ ..London yes
Commissioner Freeman yes
�.` Vommissioner Harvey yes
�►mmissioner Reich yes
(SEA BOARD OF COUNTY COMMISSIONERS
ATTEST: Danny L. Kolhage OF MO COUNTY FLORIDA
By.aa;�.-.e .6".
Deputy Clerk
EFFECTIVE DATE
Mayor/Chairman
5
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Exhibit A
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
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Oannp 1. Rotbage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
November 21, 1997
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
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. 049 through 051-1997,
which are self-explanatory.
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Regular Meeting in formal session on November 12, 1997. Please
file for record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
a'LA C . "a''
Deputy Clerk
cc: Board of County Commissioners
County Administrator
County Attorney
Finance Director, Ord. #050-1997
Public Safety Director, Ord. #050-1997
Tax Collector, Ord. #050-1997
Growth Management Director, Ord. #049-1997
Monroe County Construction Manager, Ord. #049-1997
File
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Office of International Relations
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
November 26, 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
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Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated November 21, 1997, and certified copy each of Monroe County Ordinance
Nos. 97-49, 97-50, and 97-51, which were filed in this office on November 26, 1997.
Sincerely,
11'1v/`n/�/ .. y
V V7Y\
Liz Cloud, 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 0 WWW Address http://www.dos.state.fl.us 0 E-Mail: election@mail.dos.statefl.us
r
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 DAVEE DOVE, who on oath, says that she is
CLASSIFIED 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 10/23 and 10/30/97.
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.
�1
SEAL
SWORN TO AND SUBSCRIBED BEFORE ME THIS 30th DAY OF OCTOBER A.D. , 1"7
NOTARY PUBLIC
�A%jY p4,6 KAREPi�E COSH HMAAN
NOTARY SEAL
MY COMMISSION EXPIRES: ° [!0YY1A91[1Y YI
a CC047920
r"'Mon" MPMES
9 OF VCR` AUG. 29,1998
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i
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TOWHOM ITMAY CONCERN that ,
on Wednesday, November' 12, 1997,.at 11:00 A.M: at the Key Largo
Library, Tradewinds Shopping Center, Key Largo, Monroe County, Flor-
ida, the Board of County'Commissioners of Monroe County, Florida,
intends to consider the adoption of the following County ordinance:
AN ORDINANCE CREATING ABOATING RESTRICTEDAREA
(IDLE SPEED/NO WAKE ZONE) FOR ALL OF COMMUNITY HAR-
BOR; PROVIDING FOR DEFINITIONS; PROVIDING THAT MON-"
ROE COUNTY AGREES. TO HOLD THE FLORIDA DEPARTMENT
OFENVIRONMENTALPROTECTION HARMLESS FROM ANYLIA-
BILITY INCURRED FROM THE NEGLIGENT POSTING OF BOAT-
ING RESTRICTED MARKERS; PROVIDING FOR PENALTIES FOR
VIOLATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR .
SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES '
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY, CODE OF ORDINANCES; AND
PROVIDING AN.EFFECTIVE DATE.
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 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-ii Monroe County, Florida.
. " .-DATED at KeyWe"st, Florida; this 24th day of October, 1997;' _
DANNYL:KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
Publi"stiea l0%23`and 10/36/97
The Reporter ;
Tavernier; FL 33070 ; . . • -
PROOF OF PUBLICATION
T
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
Before the undersigned authority personally appeared Tom Schumaker
Publisher
who on oath, says that he/she is
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
IN THE MATTER OF: Consider Adoption of County ORdinance Nov,.. 12, 1997 in the
Court was published in said newspaper in the issues of
October 25, NOvember 1, 1997
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news-
paper has heretofore been continuously published in said MONROE COUN-
TY, FLORIDA. twice each week (on Wednesday and Saturday) and has been
entered as second class mail matter at the post office In MARATHON, in
said MONROE COUNTY, FLORIDA, for a period of one year next preceding
the first publication of the attached copy of advertisement; and afflant fur-
ther says that he has neither paid nor promised any person, firm. or corpo-
ration any discount, rebate, commission or refund for the purpose of secur-
ing this advertisement for publication in the said newspaper. (SEAL)
DOROTHY C. SHEb
My Comm Emp. 10/15/2
a �uYUC Bonded By Swig Ins
(seal) I / No. CC688796
SWORN TO AND SUBSCRIBED BEFORE ME THIS
DAY OF
November
4th
A.D. 19 97
see reverse side
118 Leg2l Notices.
no.4117900
NOTICE .OF_I NTE NTIONTO—
CONSIDER ADOPTION OF
ti COUNTYORDINANCE -
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on Wednesday, November 12,
1997 at 11:00 AM at the Key
Largo . Library, - TradeWinds
Shopping .Center, Key Largo,
Monroe- County, Florida, the
Board of County Commission-
ers of Monroe Courity, Florida,
intends to consider the adop-
tion of the following County or-
dinancec
DUA I11'A3 RtS I RIG I E:U- AREA
(IDLE SPEED/NO-WAKE ZONE)
FOR- ALL•,- OF, CUMMUNITY
HARBOR-- PROVIDING- FOR
DEFINITIONS;: - PROVIDING
THAT- MONROO.- COUNTY
AGREES:TO'=HOLD THE FL'•ORI-
DAG, DEPARTMENT= OF, ENVI=
RONMENTAL, PROTECTION
HARMLESS'9,FROM+ ANY! LIA-
B1LIT-W`INCURRED FROWTHE
NEGLIGENT POSTING OF
BOATI NG:RESTR I CTE D.' MAR K-
ERS;:PROV.IDINGEOR PENALk
TIESi'FOR;-VIOLATIONS,- PRO=
VIDING- FOR:` EXEMPTIONS,
PROVIDING: -FOR• SEVERABILI-
TY; PROVIDING:,FOR;THERE-
CONSISTEN.T.-- HEREWITH;
P ROVIDI NGIEQMVIMORPORA-
TIONr^ INTOi- THe- MONROE
f COUNT`f�_ CODE_ OF? ORDI-
NANCES;`,. AND',: PROVIDING.
FOWAR UFEGTIVE`DAT.E=.
- P'uesaaiiY.Tn�Ses�wfiZ86�OT05.
-Florida.S7'aCuTas.noticesis•given
tti-attifa=pet'sbii:decFded to=apti
pea"ny=d'ecislon made: by+the
Board w1tW. respecr-to;anyamat
teG.caasidered,'at such=hearings
' "or-meeti49%; We: wilrneed'a're-
cord:'ot7tri&,proceed[ngs;: and
r that:. for'surh` onrnnce- ha maw
the -.testimony? and; evidence
upon which&the appeal: is to. be
based4--
CopFes a£th&above-referenced
ordiftanW ares=available�for re-
viewaYthe;various-public librar-
ies,in'Ntonroe<Goanty:Florida,.
Dated arl(by,West , Florida; this
Z4th_ day_of.Oetotxer,;t;397.:
DANNY UKOLHAGE
C1erk:of-tRe;Circuit Court
` and:exoffiCio�Clerlco8the.Board
of,_Uunty.Commissioners.of
NIRRrpi;,County,. Elo rids
I
Pii611sFiAcfdljet2b _November`
e 7,.199.T
' F-lorida:Keys,Keyrtot'eE-
3Cc-.)p cn
O
Published Daily `:
Ke}' West, Monroe County, Florida 33040 � � r
STATE OF F-LORIDA
COUNTY OF MONROE Cj
rn
:< o
I3efiore the undersigned authorit r.I a+
personally appeared Rand g
he is Advertising Alanager of the Key ��� _ ) G Lncksor>, wlt�on oath -us t}o
est Citizen, a daily newspaper published at Key 1Vest in
MonJoe County, Florida; that the attached copy of the advertisement, being a legal notice
inthermatter of _ 'v n ���o . 4 n _ r,
in the rZ 10.
Court, was published in said newspaper in the issues of
Affiant further says that the said The Keyr
said N4onroe Count � V� est Citizen is a newspaper published at Key West, in
Flonda, and that the said newspaper has heretofore been continuously
published in said Monroe County,
has been entered as second-class nail atterat1the }poet office xcept inuKe} Wed specified holidays) and
County, Florida, for a period of I year next preceding the frst publication of tile dMonroe
ttached copy of
advertisement; and af3iant further says that he has neither paid nor promised an person, firm corporation any discount, rebate, commission or refund for the purpose of secunz thirm or
advertisement for p::blica ion in the said newspaper.
Signature of Affiant
Sworn and subscribed before me this day of ��ZTi ��
1997
Signature of Not y Public
Expires r7— '�LZ Notary Seal
Pcisonall), Known �r
oducul Identification
Type of Identification Produced
:N0
Teresa Gayle Darling
.. ._
MY COMMISSION N CC585942 EXPIRES
iy ; cc
September 17, 2000
°p ••
`... .....
BONDED THRU TROY FAIN INSURANCE, INC.
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHO 1T"`VIAY ERN that`s
..•, Wedn s 12, 1997 a
moo` ,antlba Key Largo Library,
Tradewinds Shopping Center, Key
Largo, Monroe County, Florida, the
t
Board of County Commissioners of
Monroe County, Florida„ intends to
., consider the adoption of the follow-
ing County ordinance.
r AN ORDINANCE CREANNG A
BOATING RESTRICTED AREA
(IDLE SPEED/NO WAKE ZONE)
FOR ALL OF COMMUNITY HAR-
BOR; PROVIDING FOR DEFINI-
TIONS; PROVIDING THAT MON-
ROE COUNTY AGREES TO HOLD
THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
HARMLESS FROM ANY LIABILITY
INCURRED FROM THE NEGLI-
GENT POSTINGS OF, BOATING
RESTRICTED MARKERS PROVID-
ING FOR PENALTIES FOR VIOLA-
TIONS; PROVIDING FOR EXEMP-
TIONS; PROVIDING. FOR SEVER -
ABILITY; PROVING FOR THE RE-
PEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWITH; PRO-
VIDING FOR INCORPORATION
INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE
DATE.
Pursuant to Section 286.0105, Flor-
ida Statutes, notice is given that is a
person decided to appeal any deci-
sion made by the Board with respect
to any matter considered at such
hearings or meetings, he will need a
record of the proceedings, and that,
for such purpose, he may need to en-
sure 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 ordi-
nance are available for review at the
various public ,libraries in Monroe
County, Florida. ,
Dated at Key West, Florida, :his
24TH day of September, 1997.
DANNY L. KOLHAGE
Clerk of the Circuit Court
and ex -off icio Clerk of the Board of
County Commissioners of Monroe
County, Florida
�tober 24th & 31 st, 1997