Ordinance 051-1996051
ORDINANCE NO. 1996
AN ORDINANCE CREATING A BOATING RESTRICTED
AREA (SLOW SPEED/MINIMUM WAKE ZONE) FOR WHALE
HARBOR CHANNEL TO INCLUDE THE AREA WITHIN THE
MARKED CHANNEL; PROVIDING FOR DEFINITIONS;
PROVIDING THAT MONROE COUNTY AGREES TO HOLD
HARMLESS THE FLORIDA DEPARTMENT OF ENVIROXMENTAL 6
-�
PROTECTION FROM ANY LIABILITY INCURRED FROM `: cy,
THE POSTING OF BOATING RESTRICTED SIGNAGEfPU�YS;
PROVIDING FOR PENALTIES FOR VIOLATIONS; PRQVfDINe.
�
FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY;'
PROVIDING FOR THE REPEAL OF ALL ORDINANCES.-:,
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE THE MONROE COUNTY _ w
;-1
CODE; AND PROVIDING AN EFFECTIVE DATE. LO
k-" . ,-j
WHEREAS, the area of navigable waters in Whale Harbor
Channel, as described in Exhibit A is a common route for
boaters; and
WHEREAS, in order to protect the public health, safety and
welfare the Board of County Commissioners of Monroe County has
determined that is necessary to create a boating restricted
(Slow Speed/Minimum Wake Zone) in the area described in Exhibit
A; and
WHEREAS, the Board finds that the seasonal fluctuation in
the watergoing community further exacerbates the health, safety,
and welfare concerns of the Board; and
WHEREAS, in order to best balance the needs of the
permanent residents and the commercial users with the concerns
for, health, safety, and welfare of the water going public
during the most intensely used periods, the Board finds that
thearea in the Exhibit be restricted to Slow Speed/Minimum Wake
during the months of March, April, May, June, July, August, and
September; 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 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 created a wake which is
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 at slow speed/minimum wake.
b) "Vessel" is synonymous with boat as referenced in
Art.7 Sec. 1(b), Flat. Constat. (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 Office of Monroe
County Marine Resources.
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 signs 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 required to appear before the
Monroe County Court. Citations shall be issued pursuant to Sec.
327.74, Flat. 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 they have posted a bond, such bond shall be
forfeited if they do not appear 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 their 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)
above. 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, they may appeal that finding to the
16th Judicial Circuit Court.
Section 6, Exemption
This ordinance shall not apply in the case of an emergency
or to 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 into 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 described in
Exhibit A is approved by the necessary state and federal
agencies.
This ordinance establishing a Slow Speed/Minimum Wake Zone for
Whale 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 19th day of September 1996.
(Seal)
Mayor Freeman yes
Mayor Pro Tem London yes
Commissioner Harvey absent
Commissioner Douglass yes
Commissioner Reich yes
L. Kolhage, Clerk
By:
BY: a.LL C.j�
Deputy Clerk
Effective Dat
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor/Chairman
APPROVED AS TO FORM
AND L, AL S FICI
ByC�
RO RT N.
DATE " I�
EXHIBIT A
Whale Harbor Channel
Slow Speed Minimum Wake Zone
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
Amp 1. 101bagc
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
5W WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
October 8, 1996
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
WANCH OFFICE
ti88Y0 OVERSEAS HK;HWAY
PLANTATION KEY, FLORIDA 33M
TEL (MM 852-7145
FAX (305) 852-7146
Enclosed pleased find certified copies of Ordinance Nos. 047 through 052-1996 which are self-
explanatory.
These Ordinances were adopted by the Monroe County Board of County Commissioners at
Regular Meetings in formal session on September 18 dt 19, 1996. Please file for record.
Sincerely yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
BY: Isabel C. DeSantis
Deputy Clerk
cc: Municipal Code Corporation - 050, 051, 052-1996
County Commissioners
County Administrator
Growth Management Director - 047, 048, 049, 051 & 052-1996
Florida Marine Patrol - 051 & 052-1996
Tourist Development Council, 050-1996
File
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DIVISIONSAW FLORIDA DEPARTMENT OF STATE
Office 0 the S vwtarc
Di%i.iun of Admini.tr:niee Scn'ices
Di, kitm at Omj%,rarions
Dichitm .d' Cultural Alf. -Ur,
1).......n of F.Witwt.
Ihsi,wn o1 Iliswi"I Rest um"
D1%i-XI t.l Uhran arpl InittmtatiM SM-iccs
Di, i,wi, of Licensing
MEMBER OF THE FLORIDA CABINET
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
October 24, 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:
HISTORIC PRESERVATION BOARDS
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 Tamps/Hillsbomugh County
Preservation Board
RINGLING MUSEUM OF ART
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated October 8, 1996, and certified copy each of Monroe County Ordinance Nos.
96-47 through 96-52, inclusive, which were filed in this office on October 14, 1996.
Sincerely,
d�5 & j
Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Buildin • 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (904) 488-8427
FAX, ON) 488-786• WWW Address http://www,d o.state.fl.uig 9 E-Mail: eleetiond)mail.dos.state fl.us
MlN1CIPA1 CODE COPPORATION
.. ,
T,tl;�..�;�ppY2
'f a 16''t2,..
,ye :? e ecei-ed the following material.
+ham ;o+u for your assistance and cooperation.
Ordinance Nos. 050•-1996, 051-1996 and
052-19'96.
1-800-262-CODE (National) LBJ
ASK U5 �ABr0�J! 4MAGIN6 AjI lIN [ jN,Y,OIR QOCjI4EN�5.
visit Darr j n4igd I t tl : YV�m nic de. o i
c-mail your ordinances to ords@mail.municode.com
�1
ss Ag �'.S.�QSiAGE1
Q -CT 11'96
2 0
PA, �R
� P8.86hE7�z4x
To:
Ms. Ruth A. Jant.en
Depaty Clerk
Monroe Count)
PO Box 1980
Ke) West, F1. 33040
74
C
SERVING THE UPPER KEYS
DAGNY WOLFF FOR OVER 20 YEARS
Edtw5Publisher 13OX 1197 • TAVERNiER, FLA.33070
(305) 852-3218
FAX 852-8248
STATEMENT OF PROOF OF PUBLICATION
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared JAMES RUBINO, who on oath, says that he is
MANAGING 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
ADVERTISEMENT
IN THE MATTER OF NOTICE OF INTENTION.
IN THE _CIRCUIT Court, was published in said newspaper in the issues of 8/22 & 8/29/96.
ffi Aant 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 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_ _
TO AND SUBSCRIBED BEFORE ME THIS _29TH DAY OF __AUGUST— A.D. , 1996__
NOTARY PUBLIC
MY COMMISSION EXPIRES: CAROB
BI-IC STA
MY COM,'I'ISSION N'r OF IZORIpq
OMMLSS! . C�75
ON EXP. NE 2, I997
NOTICE OF INTENTION TO CONSIDER
ANION OF COLINTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM ITMAY CONCERN that
on Thursday, September 19, 1996, at 10:00 A.M. at the Marathon Govern-
ment.Center, 2798 Overseas Highway, Marathon, Monroe County, Flor-
ida, the Board of County Commissioners of Monroe County, Florida,
intends to consider the adoption of the following County ordinance:
AN ORDINANCECREATING A BOATINGRESTRICIEDAREA
(SLOW SPEED/MINIMUM WAKE ZONE) FOR WHALE HARBOR
CHANNEL TO INCLUDE THEAREA WITHIN THEMARKEDCHAN-
NEL; PROVIDING FOR DEFINITIONS; PROVIDING THAT MON-
ROE COUNTY AGREES TO HOLD HARMLESS THE FLORIDA DE-
PARTMENT OF EN VIRONMENTAL PROTECTION FROM ANY LIA-
BILI TY INCURRED FROM THE POSTING OF BOATING RESTRICT-
ED SIGNAGE/BUOYS; PROVIDING FOR PENALTIES FOR VIOLA-
TIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDI-
NANCES INCONSISTENT HEREWITH; PROVIDING FOR INCOR-
PORATION INTO THE MONROE COUNTY CODE OF ORDINANC-
ES; 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 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.
DATHD at Key West, Florida, this 15th day of August, 1996.
DANNY L. KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
Published: 8/22 and 8/29/96
The Reporter
Tavernier, FL 33070
KE*VES'l
EN
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 G� � C2.y n-le v\ 4. t � r,
ec
in the r) "- court was published in said newspaper in the
issues of �fiG i-':� �� , S
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.
naluxe-of Affiant)
Sworn to and subscribed before me this day of �' ` / 199E
?2
(Signature of Notary Public)
1 q ti uy (Name of Notary Public)
Expires� -_________
'¢' NANCY E. �FIERPersonally Known _ or Produced Identification ''y: =: YC�jWCYoNaA
Type of Identification Produced
1
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Thursday, September 19, 1996 at
10:00 a.m. at the Marathon Govern-
ment Center, 2798 Overseas High-
way, Marathon, Monroe County,
Florida intends to consider the adop-
tion of the following County ordi-
nance:
AN ORDINANCE CREATING A
BOATING RESTRICTED AREA
(SLOW SPEED/MINIMUM WAKE
ZONE) FOR WHALE HARBOR
CHANNEL TO INCLUDE THE AREA
WITHIN THE MARKED CHANNEL;
PROVIDING FOR DEFINITION;
PROVIDING THAT MONROE
COUNTY AGREES TO HOLD
HARMLESS THE FLORIDA DE-
PARTMENT OF ENVIRONMENTAL
PROTECTION FROM ANY LIABIL-
ITY INCURRED FROM THE POST-
ING OF BOATING RESTRICTED
SIGNAGE/BUOYS; 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 THE INCORPORA-
TION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND
PROVIDING 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 testimonyandis
oence
upon which the appeal
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 15th
day of August, 1996.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex officio Clerk of
the Board of County Commissioners
of Monroe County, Florida.
August 25th & September 1 st, 1996
PROOF OF PUBLICATION
r
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
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 Legal Notice
IN THE MATTER;;OF: Intention to Consider County Ordinance ,RE: Boating Restricted Argj the
Court was published in said newspaper in the issues of
Augsut 24, 31'. 1996 M�
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 affiant 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)
(seal)
SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th
DAY OF September A.D. 19 96
see reverse side
s
r_
Q
cn
r:
w
118 Legal Notices
no. 7277900
NOTICE OF INTENTION TO
CONSIDER
F
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on Thursday, September 19,'
1996, at 10:00 a.m. at the Mara-
thon Government Center, 2798
Overseas Highway, Marathon.,
Monroe County, Florida, the
Board of County Commissioners
of Monroe County, Florida, in-
tends to consider the adoption of
the following County ordinance:
AN ORDINANCE. CREATING A
BOATING RESTRICED AREA
caFFnlMINIMUM
CHANNEL
TO INCLUDE
AREA WITHIN THE
1KED CHANNEL: PROVID-
FOR DEFINITIONS; PROVID-
THAT MONROE COUNTY
LEES TO HOLD HARMLESS
FLORIDA DEPARTMENT OF
iIRONMENTAL PROTEC-
V FROM ANY LIABILITY IN-
ewcn FROM THE POSTING
Sig
TY: PROVIDINU rvn me -
PEAL OF ALL ORDINANCES IN-
TH; PRO -
CONSISTENT FOR INCORPORATION
INTO THE MONROE
CODE OF ORD NANCES::UNTY 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 con-
sidered at such hearings or meet-
ings, he will need a record of the
proceedings, and. that, for such
purpose, he may need to ensure
that a verbatim record of the pro-
ceedings is made, which record
includes the testimony and
evi-
dence upon which the appeal
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
15th day of August, 1996.
DANNYLKOLHAGE,
Clerk of the Circuit Court
and ex officio Cleric of the Board
of County Commissioners of
Monroe County. Florida
Publish Aug. 24. 31, 1996
Florida Keys Keynoter
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 N01%Z'e- ��' ��,►� 1 (,��-ta1e� 44o rboc
in the n 1" court, was published in said newspaper in the
issues of 1%A!au4- IS d— S.cpe,r,6tr- t . lac 6
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.
r
ignature of Affiant)
Sworn to and subscribed before me this r% day of 1996
—IVa,4,k .1 qA,9--r
Signature of NoVary Public)
Expires `f//'7
/;�0 00 (Name of Notary Public)
Personally Known _ �`®r Produced Identification,v Teresa Gayle Darling
�.; IN COMMISSION M CCM9Q EXPIRES
Type of Identification Produced SWUMber
,�_�
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF C014NTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Thursday, September 19, 1996 at
10:00 a.m. at the Marathon Govern-
ment Center, 2798 Overseas High-
way, Marathon, Monroe County,
Florida intends to consider the adop-
tion of the following County ordi-
nance:
AN ORDINANCE CREATING A
BOATING RESTRICTED AREA
(SLOW SPEED/MINIMUM WAKE
ZONE) FOR WHALE HARBOR
CHANNEL TO INCLUDE THE AREA
WITHIN THE MARKED CHANNEL;
PROVIDING FOR DEFINITION;
PROVIDING THAT MONROE
COUNTY AGREES TO HOLD
HARMLESS THE FLORIDA DE-
PARTMENT OF ENVIRONMENTAL
PROTECTION FROM ANY LIABIL-
ITY INCURRED FROM THE POST-
ING OF BOATING RESTRICTED
SIGNAGE/BUOYS; 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 THE INCORPORA-
TION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND
PROVIDING 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 awal is be
based.
Copies of the above-%' erencM ordi-
nance are available foot review -At the
various public libraries in Monroe
County, Florida.
Dated at Key West, ;fstorida, d* 15th
day of August, 1996.
DANNY L. KOLHAGE, CIft of the
Circuit Court and ex otfici6glerk of
the Board of Couni)L�ommissioner�j-
of Monroe-CountyZlorida.:
August 25th, & September Ph 1996