Ordinance 034-1996
ORDINANCE NO. 034-1996
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AN ORDINANCE CREATING A BOATING RESTRICTED AREA
(SLOW SPEEDIMINIMUM WAKE ZONE) FOR V ACA CUT,
MARATHON; PROVIDING FOR DEFINITIONS; PROVIDING THAT
MONROE COUNTY AGREES TO HOLD THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION HARMLESS
FROM ANY LIABILITY INCURRED FROM THE NEGLIGENT
POSTING OF BOATING RESTRICTED MARKERS; PROVIDING
FOR PENAL TIES 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, the area of navigable waters of Vaca Cut, as described in
Exhibit A, is a common route for numerous boaters, creating a dangerous
situation where boats move at high speeds in a limited space; and
WHEREAS, in order to protect the public health and safety, the
Board of County Commissioners of Monroe County has determined that it
is neeessary to create a boating restricted area (slow speed/minimum wake
7:one) in the area shown in Exhibit A; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1. Definitions.
a) "Slow speed/minimum wake" means that a vessel must be fully
off plane and completely settled into the water. It must not proceed at a
speed greater than that speed which is reasonable and prudent to avoid the
1
creation of an exceSSIve wake or other hazardous condition under the
existing circumstances.
A vessel that is:
1) operating on a plane IS not proceeding at slow
speed/minimum wake;
2) in the process of coming off plane and settling into the
water or coming up onto plane is not proceeding at slow
,
speed/minimum wake';
3) operating at a speed that creates a wake which unreasonable
or unnecessarily endangers other vessels is not proceeding
at slow speed/minimum wake;
4) completely off plane and which has fully settled into the
water and is proceeding without wake or with minimum
wake is proceeding atslow speed/minimum wake.
b) "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. Slow Speed/Minimum Wake Boating Restricted Area
Established.
No person shall operate a vessel in the Slow Speed/Minimum Wake
boating restricted area at a speed in excess of slow speed minimum 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.
2
Section 3. Slow Speed/Minimum Wake Markers.
The Slow Speed/Minimum 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.
Section 4. Hold Harmless Agreement Authorized.
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 Slow Speed/Minimum 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.
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 infraetion 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.
3
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. Exemption.
This ordinance shall not apply in the case of an emergency or to a
patrol or rescue craft.
4
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 Slow
Speed/Minimum Wake boating restricted area is approved by the necessary
state and federal agencies.
This ordinance establishing a slow speed/minimum wake zone for
Vaca Cut was PASSED AND ADOPTED by the Board of County
Commissioners of Monroe County, Florida, at a regular meeting of said
Board held on the 19 th day of June
Mayor Freeman
Mayor Pro Tern London
Commissioner Harvey
Commissioner Douglass
Commissioner Reich
yes
yes
yes
yes
BY
yes
By ~j"~-+-rmy
Dep ty Cle
BOARD OF COUNTY CO SSIONERS
OF MONROE COUNTY, FLORIDA
cS~-f~~a~
Mayor/Ch rman
(SEAL) .
ATTEST: Danny L. Kolhage
EFFECTIVE DATE
5
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Exhibit A
8
Vaca Cut Slow Speed Minimum Wake Zone
Slow Speed Minimum Wake Zone
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Dannp 1.. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
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
July 1, 1996
CERTD'lliD MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Monroe County Ordinance No. 034-1996,
creating a Boating Restricted Area (slow speed/minimum wake zone) for Vaca Cut,
Marathon; providing for definitions; providing that Monroe County agrees to hold the
Florida Department of Environmental Protection Harmless from any liability incurred
from the negligent posting of Boating Restricted Markers; providing for exemptions;
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 June 19, 1996.
Mrs. Liz Cloud
July 1, 1996
Page 2
Please file for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
Enclosure
~i~Al(!:W~
eputy erk '
cc: County Attorney
County Administrator
Municipal Code Corporation
Commissioner Douglass
Community Services Director
Chief Deputy Clerk
File
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE. ..- HISTORIC PRESERVATION BOARDS
oltice nI the secret irs k+r •'r_4' Historic Florida Keys Preservation Board
Dis Won at:\dmimalruirc scrvices
.
Dis isun of('uti++muioos .€ . , 2� Historic Palm Beach County Preservation Board
Dis ision of Cultural Al lain .� "Ab Historic Pensacola Preservation Board
Pisison of Elections '� +'L' y�±`a :�� Historic St.Augustine Prescrvmiun Board
Pis ision of I Iisorical Resources .,3: .^.^" i '.
Historic Tallahassee Preservation Board
Dio isian nl'l.ihran unJ Inl'nmtation Scrviars 4.'t' +
Division of Licensing
"pd Historic Tampa/Hillshomu h County
Preserva mn Boan1
MEMBER OF THE.FLORIDA CABINET FLORIDA DEPARTMENT OF STATE RINGLING MUSEUM OF ART
Sandra B. Mortham
Secretary of State
• DIVISION OF ELECTIONS
•
July 5, 1996
•
•
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 July 1 , 1996 and
certified copy each of Monroe County Ordinance Nos. 96-31 ,
96-32 , 96-33 , an. 96 10Q which were filed in this office on
July 5, 1996 .
Sincerely, o
ss.LocotV
Liz Cloud, Chief
1
Bureau of Administrative Code
LC/mw
. •
BUREAU OF ADMINISTRATIVE COD
The Elliot Building • 401 South Monroe Street • Tallahassee,Florid 32399-0250 • (904)488-8427
FAX:(904)488-786$ • WWW Address http://www.dos.state.fl.us • -Mail: election@mail.dos.state.fl.us
•
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5upa ement 60 N F!iN ti.
1:e i;d•e ,ecei:ec the {n11otr'lug fuateriai.
Tnani, yc" for y0n1 assistance and coorration.
0'j.; Irir Ice Mos. 021 -14h. 0i2- 1996, 033-1996
_rij 'Jc4 1996. • 10: I
-• Its. Ruth A. ,lantzen
Deputy Clerk
190n10e Count; I
PC Fin;; 1980 1
Key Oast, FI. 33040 I
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8O0-26'-CODE (National)
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f4SK US A3OUT MONO AND IUDE%ING YOUR DOCUMENTS •
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Visit our honapage at htt.p: ' wink d tc ; Ii��:ll �1�:1r�1�11���1��1�11�����11�1
-nail your ordinances to oi$1� ��Ri•, ol� r1�'Voa
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:-::~.:::'A:rZItiJfr!::( :~k?::.lmgmz:D~rr~T;?1;k=E;t~'S1f:%St:;;~~t7 if
Published Daily
Key West, 1\1onroe 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 ---!\)(J:t\'ce 0-+ j.."ie.Tl-=t-"Of1 / 80Cl~\'n~ B.--Rs-tf\'c.1-ed
\J -i:
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court, "'ha}- published in said newspaper in the
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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 thi
, 1996
Expires' S'~~/
Personally K own ~r Produced Identification -.
(Name of Notary Public)
Type of Identification Produced
'f
t '
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY I
ORDINANCE
NOTICE IS,3',HEREi3Y GIVEN TO C
WHOM IT MAY CONCERN that.on F
Wednesday, June 19, 1996 at 10:00 t
a.m.,.at the Marathon Government c
Center, 2798 Overseas Highway,
Marathon, Monroe County, Florida,/
the Board of County Commissioners
of Monroe County, Florida intends to 4
consider the adoption of the follow-
ing
County ordinance:—__ — -
AN ORDINANCE CREATING A
BOATING RESTRICTED AREA
•
(SLOW SPEED/MINIMUM WAKE
ZONE)FOR VACA CUT,MARA-
THON;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 POSTING OF BOATING RE-
STRICTED MARKERS;PROVIDING
FOR PENALTIES FOR VIOLA-
TIONS;PROVIDING FOR EXEMP-
TIONS;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 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,this 24th
day of May, 1996.
•
DANNY L.KOLHAGE,Clerk of the,
Circuit Court and ex officio Clerk of
the Board of County Commissioners
of Monroe County,Florida.
May 29thi&June 2nd, 1996.
B ,0 .c. e.
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
Q-eS:t i \ c t-td
in the
issues of rnc~"'f d- q J-
(\JoQ_ \'Ce
Au~
oC
1. 1'\ i~" '-:L b ~
(
eoo-1\Y'J
court, was published in said newspaper in the
j u..n'~. ~ I lC\ q 0
Affiant fUliher says that the said The Key \J\lest Citizen is a nevv'spaper 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 lhis
tu re of Affiant)
, 1996
(Name of Notary Public)
..~~'f..~r;:;;:-. ~IANCY E. CEIER
{.tJ;;. ..{~ MY COMMISSION' CC 354124
~;~i\W EXPIRES: March 9. 1998
"'f..<ff.,\:.~'" Bonded ThN Notmy Public Und8rwrfte1ll
Expires 4!pp
Personally Known ~or Produced Identification -.
Type of Identification Produced
NOTICE OF INTENTION TO CON •
-
SIDER,ADOPTION OF COUNTY
ORDINANCE
t- NOTICE IS HEREBY GIVEN TO.
WHOM IT MAY CONCERN that on,
• Wednesday, June 19, 1996 at 10:00'
a.m. at the Marathon Government.
Center, 2 i 98--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 CREATING A '
' BOATING RESTRICTED AREA.
(SLOW SPEED/MINIMUM WAKE
ZONE)FOR VACA CUT;MARA- ,
THON;PROVIDING FOR DEFINI-
TIONS;PROVIDING THAT MON-
• ROE COUNTY AGREES TO HOLD
THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION.
I HARMLESS FROM ANY LIABILITY
INCURRED FROM THE NEGLI- •
GENT POSTING OF BOATING RE-,
STRICTED MARKERS;'PROVIDING
FOR PENALTIES.FOR VIOLA-
TIONS;PROVIDING FOR EXEMP-
TIONS;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 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,this 24th
,day of May, 1996.
• DANNY L.KOLHAGE,Clerk of the
Circuit_Courtand-ex-officio-clerk of
the Board of County Commissioners
of Monroe County,Florida.
, May 29th,&June 2nd,1996.
"
S..VING TH. Ul=tl=t." K.V.
'OR OVER 10 YEARS
BOX 1197 . TAVERNIER, FLA. 33070
(305) 862-3218
FAX 852-8240
DAGNY WOLPP
BdIeor . Pub......r
ST A TEMENT OF PROOF OF PUBLICATION
ST A TE 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 as published in said newspaper in the issues of 5/30 and 6/6/96.
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.
~
SE
SWORN TO AND SUBSCRIBED BEFORE ME THIS _6TH DAY OF __JUNE_ A.D.. 1996__
A:t~ p ~
NOTARY PUBLIC
l1>...t1-y PlJ~~ DAVEE R DOVE ~ .."
~ b My ComrrnssK)f; '_..t>.; ..,. b i ~
MY COMMI~~ESEl<pir- Fob. Of:> ,g{,\$
":~. Bonded by ANB
"'?, ~#' 800-852-5871'
1tOFf\.1l
•
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE •
NOTICE IS;HEREBY GIVEN TO WHOM IT MAY CONCERN '
that on Wednesday, June 19, 1996, 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 CREATING-A BOATING RESTRICTED"
AREA(SLOW SPEED/MINIMUM WAKE ZONE)FOR VACA CUT,
MARATHON;PROVIDING FOR DEFINITIONS;PROVIDING THAT
MONROE COUNTY AGREES TO HOLD THE FLORIDA DEPART •
-
MENT OF ENVIRONMENTAL PROTECTION HARMLESS FROM
ANY LIABILITY INCURRED FROM THE NEGLIGENT POSTING
OF BOATING RESTRICTED MARKERS;PROVIDING FOR PENAL-
TIES FOR VIOLATIONS;PROVIDING FOR EXEMPTIONS; PRO-
, VIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF ALL
,ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR IN-
CORPORATION INTO THE MONROE COUNTY CODE;AND PRO-
VIDING 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 in Monroe County,Florida.
-- DATED ai Key West,Florida,this 25th day of May,1996.
- • DANNY L.KOLHAGE
• Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
• • - of Monroe County,Florida
Published:5/30 and 6/6/96
, The Reporter - - - - -
Tavernier,FL 33070 •
PROOF .oF PUBLICATION
f
....
THE FLORIDA KEYS KEYNOTER
Pu blished Twice Weekly
MARATHON, MONROE COUNTY. FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
" . 11 Torn Schumaker h .
Before the underSigned authonty persona y appeared __~_~ _ rm ' ____ who on oat ,says that he/she I
___ P_ublisher _~_ of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
Notice of Intention to
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Consider Adoption of
'. County Ordinance, Wednesday June 19, 1996 at 10 am at the Marathon Gov't.
IN THE MATTER OP: Center, 2798 Overseas Hwy. Marathon FL RE: An Ordinance Creati ng ;:J in the
Boating Restricted Area for Vaca Cut, M~rathon.
__________~ . Court was published in said newspaper in the issues of
_______________~~_12._June 8. 1996
-"
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper
at MARATHON, iQ said MONROE COUNTY, FLORIDA, aDd 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 precedinl
the (frat publication of the attached copy of advertisement: and affiant fu....
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 secu....
ing this advertisement for publication in the said newspaper_(SEAL)
rio. 1731000
NOTICE OF INTENTION TO
CONSIOERAOQPTIQN OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CQNCERN that
on Wednesday.. JUne 19. 1996
at 10:00 a;m. at the Marathon
Government Center, 2798 Over-
seas Highway. Marathon" Mone
roe County,.FI~, the ~~'of
County <;ommlssioners of Mon-
1'08 '<;ounty.' ~8i' intends to
con~~tt\eadQPtM;uJ.pf tI1.aWl,
I Iowmg C.ounty or~ce: '
AN OROtNAf.1CE.CREAl1'NG' A
BOATING RES.lR 1Kl'l:.w... 'AREA.
(SLOW 'SPl:fD7MrNIMlJM
WAKE ZONE) fOR. VACA CUT:
MARA.THON:. $'flQVJ' .
. .J~E""'T . .
.-lit:
ClfflRE~, FROM NUiU..
GENT~',;.:... TI.NG. '. UNG
REST......., O,:,M . ~
VIDINQ.FORPE,.AlT . foR VI-
~.TlONS:f'~.' ,.lfIIGfiOR.,' f)(-I
EMPTIONS; 'ffiOVIOlN$ FOR .
SEVERABIlfPh ., ,PIilOVfOING'!
FORTg'~'Df.ALLP8Ql-.!
~Af.f..~,' 11\1.COt$. Itl !!!~..fit,.. 'flEA." ~~~ i
PRORATIO INfC,~' ~~=
ROE COUf<{1Y~.~~
NANcak NlD PRO'iIlDJN<:1 FOR
ANEFFECTlVE DATE;'}'";" ,
Put~U8rlt'to~ 6:t>1lO!S,
FI~, . 5t8. tutel". . . 1$. 'C" .'ven
that If e ~son de(: t..al
any decision ~byth. ." d
"",tft respect to '*'Y' matter Cone
~idered'et'~~lJ!>t'~-i;
1Ilgs, ~.W1l1-need" record Of the
prOO&edings. and tt)at. for such
porPOIil!l.. he, fnltY' .ne8d'to ensure
ttJl!!.~ ~";r:n ~onfofthe pr<r
~ogSl. ma$i;WhiCh '''ecord
tncl~ thete.t~ and.' !>vi-
:'::'ba~ whichtheilppellUs
COI>ies of . the lElbove-referenced
or~ ... 8l!OliI!oble !prrt;lview
at the various 'publiC ':'JlIlfiil'i<i,{ u"
MonrOE! County. FIor~): . , i .
08te4~t KayWe"':fio,~: thi~'
Z5th day of MaV. 1996.
OAN8Yt KOLHAGE.
'CIerk Of the Circuit Court
and U ~icio C",", Of the Board
ofCounty Commissioners of
Monroe County. Floritte
P.ul>lisl).May 29...Jl0I08$. .199li
.Florlda Keys K~vnoter
~'<. ~€/;!"i\/l."."
/' '-" '\ llflrii\. LI,..:\..1 c
( ~, '~i" ,." " IJ'" /.l6
; IN':"'il\~'.," \ '. 'f d (Ii rlf:/~'
.""j 1.,-/ [;.....1 "., ~ .
\-. \ PU~I,:C lc~ I.wn,X'J "1~' '~I"Cf" Ins
i\~:\;;"::_::.';Q)! .'.., ., .. ,
SWORN TO A~~~~~si;;;;'~EF~~;'~E TIllS
(seal)
11th
June
A.D. 19 96
i.
/
'"'
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, June 19,
1996, at 10:00 a.m. at the Marathon Government Center, 2798 Overseas Highway,
Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County,
Florida, intends to consider the adoption of the following County ordinance:
AN ORDINANCE CREATING A BOATING RESTRICTED AREA (SLOW
SPEED/MINIMUM WAKE lONE) FOR VACA CUT, MARATHON; PROVIDING FOR
DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA
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 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.
Dated at Key West, Florida, this '25''''day of May, 1996.
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
(SEAL)
ORDINANCE NO. -1996
AN ORDINANCE CREATING A BOATING RESTRICTED AREA
(SLOW SPEED/MINIMUM WAKE ZONE) FOR V ACA CUT,
MARATHON; PROVIDING FOR DEFINITIONS; PROVIDING THAT
MONROE COUNTY AGREES TO HOLD THE FLORIDA
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, the area of navigable waters of Vaca Cut, as described in
Exhibit A, is a common route for numerous boaters, creating a dangerous
situation where boats move at high speeds in a limited space; 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 (slow speed/minimum wake
zone) in the area shown in Exhibit A; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY
C01vlMISSIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1. Definitions .
a) "Slow speed/minimum wake" means that a vessel must be fully
off plane and completely settled into the water. It must not proceed at a
speed greater than that speed which is reasonable and prudent to avoid the
1
." .-~: ~ _T""_-'--:'_-;"'~\";'?""''''',~",,,,~,,-:,~.,,-_,,,,._-_,,~.,,,-_~. "':.,----
,,- ..' . .'
creation of an excessive wake or other hazardous condition under the
existing circumstances.
A vessel that is:
1) operating on a plane IS not proceeding at slow
speed/minimum wake;
2) in the process of coming off plane and settling into the
water or coming up onto plane is not proceeding at slow
,
speed/minimum wake';
3) operating at a speed that creates a wake which unreasonable
or unnecessarily endangers other vessels is not proceeding
at slow speed/minimum wake;
4) completely off plane and which has fully settled into the
water and is proceeding without wake or with minimum
wake is proceeding atslow speed/minimum wake.
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.
Section 2. Slow Speed/Minimum Wake Boatini Restricted Area
Established.
No person shall operate a vessel in the Slow Speed/Minimum Wake
boating restricted area at a speed in excess of slow speed minimum 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.
2
.. ~."-~~--:-:-::::''''~'--'''-''-''''-'''''---.'',~-'''''''''-
Section 3. Slow Speed/Minimum Wake Markers.
The Slow Speed/Minimum 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.
Section 4. Hold Harmless Ail"eement Authorized.
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 Slow Speed/Minimum 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.
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 infraetion 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.
3
_--':~_._~.-",~~_....;..._'._.:.",-~"""^:;",,.-,~.
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) Ifhe 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. Exemption.
This ordinance shall not apply in the case of an emergency or to a
patrol or rescue craft.
4
" "'-'"j;'7')-.'"':"""'-~"-""_'~'~~~"""'-"""--,."~,,,,,,,,,,____,
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 Slow
Speed/Mininium Wake boating restricted area is approved by the necessary
state and federal agencies.
This ordinance establishing a slow speed/minimum wake zone for
Vaca Cut was PASSED AND ADOPTED by the Board of County
Commissioners of Monroe County, Florida, at a regular meeting of said
Board held on the" day of
Mayor Freeman
Mayor Pro Tern London
Commissioner Harvey
Commissioner Douglass
Commissioner Reich
BY
(SEAL) .
ATTEST: Danny L. Kolhage
BOARD OF COUNTY CO SSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
EFFECTIVE DATE
5