Ordinance 029-1996
ORDINANCE NO. 029 -1996
Commissioner Douglass
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, PROVIDING DEFINITIONS; ESTABLISHING A VESSEL EXCLUSION/SWIM AREA BY
PROHIBITING VESSELS WITHIN CERTAIN WATERS ADJACENT TO THE SHORELINE OF HARRY
HARRIS PARK; PROVIDING FOR REGULATORY MARKERS; PROVIDING FOR PENALTIES;
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, many persons swim and snorkel in the waters immediately adjacent to Harry Harris
Park; and
WHEREAS, the operation of vessels in that same area creates a risk of serious personal injury to
those swimmers and snorkelers; and
WHEREAS, in order to protect the public health and safety, and reduc~s~r:... conrt, t~
Board of County Commissioners of Monroe County have determined that it is ne~; to establ~
.'.. ~ -r,
a vessel exclusion/swim area by prohibiting the operation of vessels in certain '~9J~!S iml1lediateW
-:.r:~" A ::t
:.:0
adjacent to Harry Harris Park; now therefore :z=. r.."
\() (")
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE-:c6UNTy,.!iORI~,
.,::-;
Section 1.
Definitions.
(a) "Operate" means to be in the actual physical control of a vessel upon the waters of
this State located within Monroe County.
(b) "Vessel" is synonymous with boat as referenced in Section 1 (b), Art. VII of the Florida
Constitution and includes every description of watercraft. barge, and air boat, used or capable of
being used as a means of transportation on the water.
Section 2,
Prohibition on the operation of vessels.
No person may operate any vessel within the area shown as a vessel exclusion/swim area on
Exhibit A. Exhibit A is attached and made a part of this Ordinance.
Section 3.
Markers required.
The area covered by the vessel exclusion/swim area of Exhibit A must be marked on the
waters in accordance with the permitting requirements of Chapter 62 N - 23, FAC.
Section 4.
Hold Harmless Aareement authorized.
As a condition for the issuance of a regulatory marker permit from the Division of Law
Enforcement of the Department of Environmental Protection (the Department) under Chapter 62 N -
23, FAC, the County consents and agrees to hold the Department harmless from fault with respect to
any claim or claims arising from alleged negligence, maintenance or operation of the Department-
approved markers. The Mayor is authorized to execute an agreement to that effect if requested by
the Department.
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 actual 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.
(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.
Section 6.
If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 7.
All ordinances or parts of ordinances in conflict herewith are hereby repealed
to the extent of such conflict.
Section 8.
The Clerk of the Board is hereby directed to forward a copy of this Ordinance
to Municipal Code Corporation for incorporation into the Monroe County Code of Ordinances.
Section 9.
This ordinance will take effect upon the receipt of an acknowledgment from
the Department of State, State of Florida, that a copy has been filed with that Department, but may
not be enforced until the regulatory markers required by Section 3 are in place.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the 22ndday of
May
,1996.
Mayor Freeman
Mayor Pro Tem London
Commissioner Harvey
Commissioner Douglass
Commissioner Reich
~
~
yes
yes
yes
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~~~
By b]dA)tH"')
Dep Cler
jordjetski
1Ba:nnp 1.. Itolba:gt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF mE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD SlREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
June 3, 1996
CERTlllED I .MAIL
RETURN REcEIPT REQUESTED
Mrs. Liz Cloud
Florida Department bf State
Bureau of Admin~t1ltive Code and Laws
The Elliot Building I
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Monroe County Ordinance No. 029-1996,
providing definitions; establishing a vessel exclusion/swim area by prohibiting vessels
within certain waters adjacent to the shoreline of Harry Harris Park; providing for
regulatory markers; providing for penalties; 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.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on May 22, 1996.
t
Mrs. Liz Cloud
June 3, 1996
Page 2
Please file for record.
Sincerely,
I
'I
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
, III
~~:j;ly,if~#.)
eput Clerk
Enclosure
cc: County Attorney
County Administrator
Municipal Code Corporation
CoD1ID.issioner Keith Douglass
Kim McGee, Marine Projects Coordinator
George Garrett, Marine Resources Director
File
I
/i
.t
---...-
-
P 916 123 643
-0
(j)
'TI
o
IJ
~
W
OJ
o
o
o
~
o
N
\0
1
I-'
\0
\0
(j\
Q'l
o
W
o
I
I-'
\0
\0
(j\
~~I~
>rT1
i~
nm ~
m~ <
:::0
m
()
m
"tJ
-l
"T1
o
:x:J
()
m
:x:J
~
:!!
m
c
s:
~
r
L? ~",.E,,"t.,;
~..........._r ,
\..00' '
IC....t ~
iw (~~~
"",~;;on, - /
'.~.;.I.. J' /_
'" --
.. ,~-=~
Q)
2
Q)l!!gJ ai
~x~~~
Q)Q)"Qia
.~ ffi ~ ~-:
~6_cn~~
B~ ~ ~ ~ m
~.~ e! :s ~ ~
'3~:ggJ~Qi Q)
1il(/)c(a:~~ .JJ a.
~.~o.o.8 ~ ~ ~
g ..... C\I u 'S
Q ~ a.. ~
m
=r
.JJ
~ ~ ~ ~
.!II ~ ~
:; g .9
E
- ~.~
e -ol~
e:
~ ~~~
~ ae:e:
~ ~~i
= ~m
g .2U
E n~
,g cQ).
en 0.0,=
8 ~ ;.U
.~ ~ H~
i ~ ~~ ~
~ ~ ~.:5~
~ :5 o~ ~
.E.ogj C0_
Nod e ,g i~
~~~ ~a:iIl .i;!
~~~ g~i i
~"'!2 E~g <Il
l!1l!1 ~ .E e:a: . e
He: ~e::g
.- - ~ ~.a 5 ~-<
J!.Sl;< -~1i):"".
a:-!-!:s<. ~'a,a:-8 f.l
l!l~~i~:ii~~~~
...B...~c?
...."4.....-...-. .~
..ci
"<t
z
o
H
~
o
~
o
u
.
...:1
rz:I po.;
Aon
OM ..
U~~
,..::j CO
<XCO
~'~ ~
H ....:1
~ ~,~
l-3"ds
~OZ
t""'. H
e;;Oj~
>O"d
~X~
t<:!N
t<:!N(")
.. wO
lJ1t:l
t<:!
(")
o
~
o
~
1-3
H
o
Z
~
t""'
W
N
W
I-'
(j\
I
N
N
W
lJ1
CI
LU
u::
~
LU
(,)
~ '5
Q)
1a
Cl
to-:
on
M
N
N
1
\0
....
M
N
M
P 916 123 644
1-3~I-3Oj~::'::
:>Oi:IlC:::::t""'~
t""'1-'t<:!:;o. CO
t""' t<:!.
~gs~~~t""'
:>C:::::t""' "dH
tf)I-3HOI-3N
tf)i:IlO~.
t<:! 1-3 (")
t<:l6Oj~~8
zc:::::::.:: c:::::
~~HHtf)t:l
t""'O t""'z 1-3
t<:!t:l. :>
H 1-3
Wtf)Z(")t<:!
N1-300
w:;o t:l
\Ot<:! t<:!
\Ot<:!
11-3
o
N
lJ1
o
(j)
m
z
-1
-1
Q
(j) JJ JJ
m m m
JJ (') -<
< m C
o =0 JJ
m -< Z
-0
(j)
'TI
o
IJ
~
W
OJ
o
o
o
j;!
z ,
o '"
ZZ S5
~~ ~
,,> en
Oz >-
"" z
2m 0
-<" ~
mo m
,,< en
zm 'Ji
~~
~rn
>."
r"
;:0
>$
?~
o
I
o >>uo
en OI
~ ~~
m Cf)-l
o ::nO
~ ~~
rn 00
t ~_~
~ <0
~ ~~
" >-
z z
~ ~
c.g ~fij
-< ,UO
~~
:DO
-<-<
en
o
:x:J
m
()
m
;;
-l
"T1
o
:x:J
()
m
:::0
~
"T1
iii
c
s:
~
r
I
I
i
I
I
1
!
~
I
I
I
!
I
, I
~.,.,
,-~ 1
">'.
'~I
c::.'
""'I
CI
~I
iI~
~
o
S.1
Jj
#
o
~
>-
.~
2l
~ g lJl ai
-x~~_
Q)Q)"......
.~fij~~.g
~ 5 ~UJ ~ .S?
~~ ~ U ~
.98) gJ~.5 m
~.2 e! 'C:: (/) ru
.- > " iii 0 r-'l
;:"'''Q)a.Qi
o31c(a:~.a ~
~ ~O 0 ~ ~ .JJ ~
- '3 8 Z r-'l
o"':C\i ~o-&
o 'S
:e ~ a. c?3
Q)
2
~
t:l
t""'
~
tf)
=r
=r
..l1
CI
LU
u::
~
LU
(,)
~
(fJ
m
z
-1
q
JJ
m
(')
m
'ij
-<
....
=
'"
.....
3:
"..
"'"
""
=
"'"
CI
~
~
~
J
"tJ
(/) !ij
~"tJ
,,-Sa
~ ~
-~ ~
~~
(/)>-
~~
~......
ex)
...
I:L
W
o
LU
~
Z
~
::)
...
LU
~
o
~
LU
:e
o
Q
H~~~;j r-..:
.!II 2l. ~
~ g S
~ *.:~
0:: 'O.21.~
III BE~
~ ~E~ CO
1 E~2l. ~
2 E~: H ~
E ~~o A N
.E o::..e Z 0
~ o~.a < H I
8 ; ~.U ~ ~ ~
.~ ~ U~ g c.!) ~ ~
~ ~ U~ ~ u ~ en M
B ~_ ~_,:5$l. -< . A rz:I .
'C .~ HZHOH
;.o~ :i~ @ CO~ H ~ ~ ~
NOOe ,g!l~ 0 ~ /Xl 0 ..
~;~ ~l iIl.i;! t3 0 H ~ ~
~a-g ;;:a.~ -0 . ~ 0 i:Il tf)
,Ill -B.~ III N H 0 H H CO
~i~ ~~~ .~i,~,,'.::1 ~ 0 j 5:;;
a~~ .~~E~ ~<~ oo~
.l!!";! :;1ii::l~ . rz:I H
a:.!II]!:s<. .c:9=~-a~ 'CO . ~ rz:I .... ,..::j
l!lg.~:g;l~i!~o~ ~...:1 0 ::r:: 0 :<l:
~88~sc~~.l!!-< ,~~ /Xl H ~ H
(I)...,g....@,('I'j,.
ex)
\0
0\
(j\
....
1
o
M
o
<<:l
'>D Q)
0'\ Q)
0\ (/)
.... ~
I , "
~ ~
o
~
E
Q)
U
E
.f
(/)
a.
+"
c:
~
.
~
o
I
e!
:J
1a
c:
Cl
i:i5
'"
-
'"
` DIVISIONS OF FLORIDA DEPARTMENT OF STATE -dF.;;;,
......_ HISTORIC PRESERVATION BOARDS
Mice of the Secretary h'x_ ® Keys Florida Ke s Preservation Board
Division of Administrative Services ,t `
a •
Historic Palm Beach County Preservation Board
Division of Coiportlions nC
Historic Pensacola Preservation Board
Division of Cultural Affairs14. 4414,Division of Glcct ill `. +" 1 Historic St.Augustine Preservation Board
Division of Hi I mica)Resources ° Historic Tallahassee Preservation Board
Division of Library and Information Services �' %�-=-".
•.rpp � Historic Tampa/HillsboroughCounty
Division of Licensing Preservation Board
MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE RINGLING MUSEUM OF ART
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
June 7 , 1996
9
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr . Kolhage :
Pursuant to the provisions of Section 125 . 66 , Florida Statutes,
this will acknowledge your letters dated June 3 , 1996 and
certified copy each of Monroe County Ordinance Nos . 96-29 and
96-30 , which were filed in this office on June 6 , 1996 .
Sincerely,
ehILAS
Liz Clou , Chief
Bureau of Administrative Code
LC/mw
lr
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building • 401 South Monroe Street • Tallahassee,Florida 32399-0250 • (904)488-8427
FAX: (904)488-7868 • WWW Address http://www.dos.state.fl.us 0 E-Mail: election@mail.dos.statell.us
.,
MUNICIPAL CODE CORPORATION - -- , s--_ �,,; ;' •, ow
� P►1,gs' ;nfi---G SiAGE�
' Customer Services - - ,''v s„ 4 .
PG Re;; 223 sn°� ` y� 1
�;. JUN-T96 mt> 4� ;
Tallahassee, .'_ 3231E-;aL3; �' y Z•
i ' 2 ® Ix
i b e 224
Supplement h,fil !?61fi}il9E LL
Wm have:received the follouinq material.
Thuk: you for your assistance and cooperation.
Di;linani.n Nos, 030-1996 and 029-1996. '
TO,
Us'. Ruth A. Jantzen
Deputy Clerk
• iionroc Coimnt.y
PO SQ% 19E0
• Key Ue=_et, FL -3010
1-G00'.262-CODE (Nat(' ,
ASK US ABOUT IMO • - : .
' Visit our nwepaOe i. .. 1,,11l��at t1►iggIitti„11„iItllir�'1if1ittli,l;r1i1:1 ll,l .
-mail your ordinan.
(1..0 -e..c.
KE~EST
ITIZEN
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE;
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is Advertising Manager of the Key West Citizen; a daily newspaper published
at Key West in Monroe County, Florida; that the attached copy of the advertisement, being
a legal notice
in the matter of
SW\" "'"" (k Y''('~
in the h I c....
issues of MO.'} l do- .~ )
(\)o~\ 'C~
c)~
:f.n i:t. r<i:-\ '0 r-, / u ~SS~ { -e lC. e ll-t c; 10)oJ I
/' court, was published in said newspaper in the
lCtq"
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 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 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.
Sworn to and subscribed before me this~--
Signature of Affiant)
, 1996
Expires' ,...;f !:#P
Per$onally1<nown ../Qr Produced Identification _.
(Name of Notary Public)
Type of Identification Produced
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY
ORDIN NA IV-
NOTICE IS HEREBY GIVEN -TO .
WHOM IT MAY CONCERN that:on
_ Wednesday, May 22, 1996,at 10:00
- a.m. at the_ Key Largo—Library„1
Tradewinds Shopping..Center, Key
Largo, 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 BOARD
OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA,
PROVIDING DEFINITIONS;ESTAB-
LISHING A VESSEL EXCLUSION/
' SWIM AREA BY PROHIBITING
VESSELS WITHIN CERTAIN WA-,
TERS ADJACENT TO THE SHORE-
LINE OF HARRY HARRIS PARK;
PROVIDING FOR REGULATORY
MARKERS;PROVIDING FOR PEN-
ALTIES;PROVIDING FOR SEVER-
ABILITY.,-PROVIDING 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 if
person decided to appeal and 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 of
' the proceedings is made, which rec-
ords includes the testimony and evi-
' dence 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 25th
day of April, 1996
DANNY L.KOLHAGE
Clerk of the Circuit Court and ex offi•
cio Clerk of the Board of Count),
Commissioners of Monroe County
Florida
May 1st&5th. 1996
7ie
SEPlVINII THI! UPI=IBPI K.V8
FOR OYER 10 YEAR8
BOX 1197 · TAVERNIER, FLA. 33070
(305) 862-3218
FAX 852-824e
DAGNY WOLPP
Bdltor 6: Publllller
STA TEMENT OF PROOF OF PUBLICATION
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared DAGNY WOLFF, who on oath, says that she is
EDITOR and PUBLISHER 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 ADVERTISEMENT
IN THE MATTER OF_NOTICE OF INTENTION_.
IN THE Court, was published in said newspaper in the issues of 5/2 and 519/96.
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 affiant further says that he 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.
s!6:J~ --
SWORN TO AND SUBSCRIBED BEFORE ME TillS _9TH DAY OF __MAY_A.D. , 1996__
,/ , i - // 11), uma, J .~cn.iHO\,~
/Y~ ;(,~ ~1~!n ~1J ."
1, ',"'_" " ",- .1, ~,H\' \,j
NOTARY PUBLIC' ..' , ' ~
i '. .. ..'\\
~ :. ! ~
L . ..n",.I~
4.;1,1" "~~
MAY 13 19%
\.\;.,F" Fuo
.~v'"
MY COMMISSION EXPIREjj ';r
Ii
. Bonded by ANa
-. ,$>" 800-852
')'()fFlO~ . ,.5878 031\::i
}BO:l jb ~\O ~ -
COUNTY ATTY
:>',,.'
r
-NOTICE OF INTENTION TO CONSIDER
rn,.i nr,MiJNTY OIDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that
on Wednesday,May 22,1996,at 10:00 A:M.,at the Key Largo Library; •
' Tradewinds Shopping Center,Key Largo,Monroe County,Florida,the-
Board of County Commissioners of Monroe County,Florida,intends to
consider the adoption of the following County ordinance:
AN ORDINANCE_ OF THE BOARD OF COUNTY COMMIS-
-- SIONERS OF MONROE COUNTY,FLORIDA,PROVIDING DEFINI-
TIONS;ESTABLISHING A-VESSEL EXCLUSION/SWIM AREA BY
PROHIBITING VESSELS WI'r AIN CERTAIN WAp pVIDING FOR
ADJACENT
TO THE SHORELINE OF HARRY HARRIS
•
REGULATORY MARKERS;PROVIDING FOR PENALTIES;.PRO-
VIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR"IN-'
CORPORATION.INTO THE MONROE COUNTY DE OF ORDI-
NANCFS;AND PROVIDING AN EFFECTIVE
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 to Frec mat a
the proceedings,and that,for such purpose,he may n
verbatim record of the proceedings is made,which
be ord includes the'
• testimony and evidence upon which the appeal
is d.
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 25th day of April,1996. -
• - • DANNY L.KOLHAGE&
. Clerk of the Circuit Court,
- -- . - - and ex officio Clerk of the!
Board of County Commissioners'',
of Monroe County,Florida,
Published:5/2 and 5/9/96 • • '
The Reporter
-- --- - — — Tavernier,FL 33070 " • -
fr )Itt; .
-PROOF OF PUBLICATION r
.m.
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly . ..
MARATHON, MONROE COUNTY, FLORIDA_ =n
• o C
Z - rT1
STATE OF FLORIDA )' `"— _
1• < -< C.)COUNTY OF MONROE) _
C.—;x:
Zi.,
_ _ —0 rn
-C:� r W C;
Tom Schumaker who.otioatha s§at he/she is
Before the undersigned authority personally appeared_ _ __�� r., Y }
-.. ,
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
IN THE MATTER OF: Establishing a vessell exclusion/swim area in Harry Harris Park — in the
. COurt was published in said newspaper in the issues of
May 4, 11, 1996 • _—_ ____•
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper no.7027700 y j
NOTICE OF INTENTION TO
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- - CCNUNTYARO TIONEOF ,
•
paper has heretofore been continuously published in said MONROE COUN- NOTICE IS HEREBY GIVEN TO'�
WHOM IT MAY CONCERN that
TY. FLORIDA, twice each week (on Wednesday and Saturday) and has been on Wednesday,May 22,1996 at
10:00 a.m.at the Key Largo LI-•
entered as second class mail matter at the post office in MARATHON, in brary,Tradewinds Shopping Cen-
ter,'Key-Largo, Monroe County, i
Florida. the Board of County
said MONROE COUNTY, FLORIDA, for a period of one year next preceding Commissioners of Monroe Coun-
ty, Florida, intends_.to consider-
the adoption of the following
the first publication of the attached copy of advertisement; and affiant fur- County ordinance:
ther says that he has neither paid nor promised any person, firm. or corpo- AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORI-
ration any discount, rebate. commission or refund for the purpose of secur- DA, PR VII ING ADVESSITI NS;
ESTCLUSION/SWIM AREA BY PRO- ,
EX-
ing this advertisement for publication in the said newspaper.(SEAL) HIBITING VESSELS •WITHIN •
CERTAIN WATERS ADJACENT
TO THE SHORELINE OF HARRY"
HARRIS PARK;PROVIDING FOR ,
REGULATORY MARKERS; PRO- '
VIDING FOR PENALTIES; PRO- I
VIDING FOR SEVERABILITY;
"PROVIDING_FOR-THE REPEAL
OF ALL ORDINANCES=INCON-- I - -----
, SISTENT HEREWITH; PROVID--
+_ i ING FOR INCORPORATION INTO
THE MONROE COUNTY CODE
l�A.RY LOU �0(LBERG_R : DIORDINANCES;
G FOR CAN EFFECTIVE
PRO-
My
My Comm Exp. 8/'1 /96 DATE.
NUT�rR'd . Pursuant to Section 286.0105,
Seal PUe�IC " Bonded By Service Ins Florida Statutes, notice is given
• . that if a person decided to appeal
(seal)
V`'sr �a No. CC21.9G�3 any deciion made by the Board
• \ F Fy® \ with respect to any matter con-
sidered at such hearings or meet-
'\ • ings,he will need a record of the
proceedings, and that, for such
SWORN TO AND SUBSCRIBED BEFORE ME THIS 14th purpose,he may need to ensure
•
that a verbatim record of the pro- I
ceedings is made, which record
_includes the testimony and evi-, .
dence upon which the appeal is`-
to be based.
Copies of the,above-referenced
DAY OF May Y69„„1.L.---
A•D. 19 96 ordinance are available for review
at the various public',libraries in
Monroe County,Florida.
Dated at Key West, Florida,this 25th day of April,1996. IDANNYL.KOLHAGE,Clerkof the Circuit Court~��� and ex officio Clerk of the Board
. of County Commissioners of I
Monroe County,Florida
' Publish May 4,11,1996'
• Florida Keys Keynoter
J
"
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday. May
22. 1996, at 10:00 a.m. at the Key ~argo Library. Tradewinds Shopping Center. Key Largo.
Monroe County, Florida. the Board of County Commissioners of Monroe County. Florida,
intends to consider the adoption of the following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY. FLORIDA, PROVIDING DEFINITIONS; ESTABLISHING A VESSEL
EXCLUSION/SWIM AREA BY PROHIBITING VESSELS WITHIN CERTAIN WATERS
ADJACENT TO THE SHORELINE OF HARRY HARRIS PARK; PROVIDING FOR
REGULATORY MARKERS; PROVIDING FOR PENALTIES; 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
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 hearings or meetings. he will need a record of the proceedings. and
that. for such purpose. he may need to ensure that a verbatim record of the
proceedings is made, which 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.
.~-:f
Dated at Key West, Florida, this ,:., '] v day of April. 1996.
DANNY L. KOLHAGE. Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
(SEAL)
Section 4.
Hold Harmless Aareement authorized.
As a condition for the issuance of a regulatory marker permit from the Division of Law
Enforcement of the Department of Environmental Protection (the Department) under Chapter 62 N -
23, FAC, the County consents and agrees to hold the Department harmless from fault with respect to
any claim or claims arising from alleged negligence, maintenance or operation of the Department-
approved markers. The Mayor is authorized to execute an agreement to that effect if requested by
the Department.
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 actual 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.
(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) A t 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.
If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 7.
All ordinances or parts of ordinances in conflict herewith are hereby repealed
to the extent of such conflict.
Section 8.
The Clerk of the Board is hereby directed to forward a copy of this Ordinance
to Municipal Code Corporation for incorporation into the Monroe County Code of Ordinances,
Section 9.
This ordinance will take effect upon the receipt of an acknowledgment from
the Department of State, State of Florida, that a copy has been filed with that Department. but may
not be enforced until the regulatory markers required by Section 3 are in place.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the _ day of
,1996.
Mayor Freeman
Mayor Pro T em London
Commissioner Harvey
Commissioner Douglass
Commissioner Reich
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
jordjetski
Mayor/Chairman
APPROV, ED, A~SO FOR
8~~~'ClE .
~&"l;:
DATE Lt. c0 ' t?
Commissioner Douglass
ORDINANCE NO. -1996
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY.
FLORIDA. PROVIDING DEFINITIONS; ESTABLISHING A VESSEL EXCLUSION/SWIM AREA BY
PROHIBITING VESSELS WITHIN CERTAIN WATERS ADJACENT TO THE SHORELINE OF HARRY
I
HARRIS PARK; PROVIDING FOR REGULATORY MARKERS; PROVIDING FOR PENALTIES;
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. many persons swim and snorkel in the waters immediately adjacent to Harry Harris
Park; and
WHEREAS, the operation of vessels in that same area creates a risk of serious personal injury to
those swimmers and snorkelers; and
WHEREAS. in order to protect the public health and safety. and reduce user conflict, the
Board of County Commissioners of Monroe County have determined that it is necessary to establish
a vessel exclusion/swim area by prohibiting the operation of vessels in certain waters immediately
adjacent to Harry Harris Park; now therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA.
Section 1.
Definitions.
(a) "Operate" means to be in the actual physical control of a vessel upon the waters of
this State located within Monroe County.
(b) "Vessel" is synonymous with boat as referenced in Section 1 (b), Art. VII of the Florida
Constitution and includes every description of watercraft. barge. and air boat, used or capable of
being used as a means of transportation on the water.
Section 2.
Prohibition on the operation of vessels.
No person may operate any vessel within the area shown as a vessel exclusion/swim area on
Exhibit A. Exhibit A is attached and made a part of this Ordinance.
Section 3,
Markers required.
The area covered by the vessel exclusion/swim area of Exhibit A must be marked on the
waters in accordance with the permitting requirements of Chapter 62 N - 23, FAC.