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Ordinance 062-1996ORDINANCE NV -1996 • o --h .c z w � AN ORDINANCE CREATING A BOATING RESTRICTED AREA (IDLE SPEED/NO WAKE ZONE) FOR THE NEAR SHORE WATERS ADJACENT TO SAFETY HARBOR SUBDIVISION, LOWER MATECUMBE; 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 near Safety Harbor Subdivision, Lower Matecumbe, as described in Exhibit A, is a common route for numerous boaters, creating a dangerous situation where boats move at higher speeds; 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: 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. 1(b), Fla: Const. (1968), and includes every description of watercraft, barge and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on the water. Section 2. Idle Speed/No Wake Boating Restricted Area Established. No person 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. 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 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 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. 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. 11 This ordinance establishing an Idle Speed/No Wake zone for the nearshore waters adjacent to Safety Harbor Subdivision 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., 1996. Mayor- Douglass yes Mayor Pro Tem London yes Commissioner Harvey yes Commissioner.Fzeeman yes Commissioner Reich yes ATTEST: Danny L. Kolhage EFFECTIVE DATE BOARD OF COUNTY COMMISSIONERS OF MONROji COUNTY, FLORIDA 5 Exhibit A Safety Harbor Idle Speed/No Wake Zone Idle Speed/NoWake Zone - a � � r i rid / Idle Speed/No Wake Zone �� LOWER MATECUMBE �g° FI R 4s 12ft 3M " 2" C� \0 \\ o 0 0 er r $ a 9 / G piling 021",� 9 Oct I4P+ ♦��rd.v �G 1 ors \ ,�y° ° APr 19�3 \�\o P :R0,3 tt reP'i a5 4Ps``� 2 5 g5 ON C� % N.A .. � � \2 �\�65 \\ O \3 5 6 9 g \ a 0 \o 1 9 1 O \0 9 g Gas � 5 OG(S \o $ (ky $ \< �d 6 r 2` \C) 5 2� ti \-I BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 ,g�rpcut 4�14•;;M cUip �A ' •E Fsi oy Y ; AOQ Q0 UMT'f•4�' xuannpojage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 November 25, 1996 CERTEFIM 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: BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 Enclosed please find a certified copy of Monroe County Ordinance No. 062-1996, creating a Boating Restricted Area (idle speed/no wake zone) for the near shore waters adjacent to Safety Harbor Subdivision, Lower Matecumbe; 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. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, in formal session, on November 12,1996. Mrs. Liz Cloud November 25,1996 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 Deput Clerk Enclosure cc: County Attorney County Administrator Municipal Code Corporation Kim McGee, Marine Projects Coordinator File 11 .-. a_ o m p c 0 0 M �' to C C`• b C o C C U rrI 4— .D tali 0 u F .a •� 7 fit C) ate. c o ¢ N tv ooa 17CUZoU 38 Z 396 367 701 Receipt for . Certified Mail No Insurance Coverage Provided W.eusuTes Do not use for International Mail PoST45[ TES (See Reverse) 6S Sent to • T E DER: L s �eetOand. o. 2235 a Complete items 1 and/or 2 for additional services. I also wish to receive theca � ■Complete items 3, 4a, and 4b. State and ZIP Code ■ Print your name and address on the reverse of this form so that we can return this following services (for an C card to you. extra fee): C Postage ) — ■Attach this form to the front of the mallplece, or on the back if apace dose not DO � l/ permit. 1. ❑ Addressee's Address �'?' `— - ---- - -- ■ Write'Retum Receipt Requested' on the mailpiece below the article number. E. : Certified Fee ■The Return Receipt will show to whom the article was delivered and the date 2 Restricted Delivery delivered. ry ! — Consult postmaster for fee. rn Special Delivery Fee 3. Article Addressed to: F0. rticle Number a MRS . LIZ CLOUD 396 Number ]00 l Restricted Delivery Fee FLORIDA DEPARTMENT OF STATE ervice Type Return Receipt ShowiBUREAU OF ADMINISTRATIVE CODE to Whom & D ellTHE ELLIOT BUILDINGegistered ❑Certified t Return Re 401 SOUTH MONROE STREET ❑ Express Mall ❑ Insured Date, an se es .� ❑ Retum Receipt for Merchandise ❑ COD & Fees TALLAHASSEE, FL, 32399-0250 Fees + 'T 7. Date of Delivery � Postm , ti;'3 atyff�yq 5. Received By: (Print Name dre 8. Adssee's Address y if aquas e 1 and fee is paid) 6. Signature: (Address rAg t) i f l Xi i l i f l �a� 057-114 �u,�06Z illii'iiiii b Ps Form 3811, ecember 1 §94 Domestic Return Receipt f m SENDER: I also wish to receive the s, v ■ complete Hems i and/or 2 for additional eervlcea. w ■Complete Hems 3, 4a, and 4b. following services (for an 0 ■Print your name and address on the reverse_ of this form so that we can return this extra fee): o card to h you 1. ❑ Addressee's Address •� Attach this form to the Bond of the mallplece, or on the bads if eppoe does not ■Wn'ta'Retum RacW Regaected'on the mailpiece balow.tV aftle number. 2. ❑ Restricted Delivery ■The Return Race" wiB show to whom the article was deli red and the date delivered. „ered• - Consult postmaster for fee. ° 4a. Article Number 3. Article Addressed to: ,. • . � a, MUNICIPAL CODE CORPORATION Z 396 367 701 E E P . O. BOX 2235 4b. service Type' rn TALLAHASSEE, FL, 32316-2235 ❑ Registered ❑ Certified fx ❑ Express Mall ❑ InsuredUj 5 cc ❑ Return Receipt for Merchandise ❑ COD c 7. Date.of Delivery(ORD. 057-1996 THRU 062-1996) ,j, ° I 8. Addressee's Address (Oni if requested Y 5. Received By: (Print Name)' Y and fee is paid) g 6. sinna re: (Addressee or ant) I I III II IIIII llll �c 11 December 1094 Domestic Return Rece y'�' Ln N tT O� � W �O O rn rn c'CY _ N ,7 0 0 .rn W x �i. E—f ,a"' ' .... iQ-� O A O w ar a "h}'r •. �O U W u (Wzj LL c �� v "' 3N ti f N A J x v] LL o . '2Diu, . fd m V] i u u m o.. ._• O m v C661 4otelN 1009C wjod Sd DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Seerelarv• 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 MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS November 27, 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 Tampa/Hillshorouggh County Preservation Board RINGLING MUSEUM OF ART Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letters dated November 22 and 25, 1996, and certified copy each of Monroe County Ordinance Nos. 96-57 through 96-64, inclusive, which were filed in this office on November 27, 1996. Sincerely, Liz Cloud, ief Bureau of Administrative Code LC/mw I BUREAU OF ADMINISTRATIVE CODE Ae Elliot Building .• 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (904) 488-8427 FAX-: (904..)488-N60 % WWW Add'; h*tpJhvww.ci"s,jgtate,ft,uS 9 R=Mail: electionainailAbs.statefl.us MUNICIPAL CODE CORPORATION Customer Services PO Box 2235 Tallahassee, Fl 32316-2235 Siippieeent 62 " e)4'96 We ha.e received the following material. -hank you for your assistance and cooperation. Ordinance Nos. 057-1996, 058-1996, 059-1996, 060-1996, 061-1996 and 062-1996. x I PH,!� +. < DEC-5.96 2 0 �K pp � LP' .8.857221 !x IO: Ms. Roth A. .Jant:en Deputy Clerk Monroe Count: PO Box 1900 Key Hest, FL 33040 -800-262-CODE (Natio ASK. US ABOUT IMAGING' visit our nomepage ai c-aa!i your orainancF- Serving the Florida Keys P.O. Box 1197 • Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8240 STATEMENT OF PROOF OF PUBLICATION 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 10/31 and 11/7/96. 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; - o s and affiant further says that she has neither paid nor promised any firm, person, goorporation any discount, rebate, commission or refund for the purpose of securing this said advertisementfor publi4on ib-the said newspaper. f SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS 7TH DAY OF NOVEMBER A.D. , 1996 NOTARY PUBLIC �pPY,Y KAREN E. til LVA Notary Public,_state of Florida MY COMMISSION EXPIRES• ' 'B"`o�� My Comm; expire! Aug- 20, logo NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM rr MAY CONCERN that on Tuesday, November -12, 696, 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:"- ANORDINANCECREATINGABOATINGRESTRICTEDAREA , (IDLE SPEED/NO WAKE ZONE) FOR THE NEAR SHORE WATERS ADJACENT TO'SAFETY HARBOR SUBDIVISION, LOWER MATECUMBE;PROVIDINGFORDEFINITIONS; PROVIDINGTHAT MONROECOUNTYAGREES TOHOLD HARMLESS THEFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FROM ANY LIABILrrY INCURRED FROM THE NEGLIGENT POSTING. OF BOATING RESTRICTED MARKERS; PROVIDING FOR PENAL- TIES FOR VIOLATIONS; PROVIDING FOR EXEMPTIONS; PRO- VIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALLORDINANCESINCONSIS'IENTHERHWITH;PROVIDINGFOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDI- NANCES; 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. DATED at Key West, -Florida, this 22nd day of October, 1996: DANNY L. KOLHAGE _ Clerk of.the Circuit Court and ex offrcio Clerk of the Board of County Commissioners. of Monroe County, Florida Published: 10/31 and 1in1% The Reporter - Tavernier, FL 33070 �7—. j� K ON/ l S ' l TWEN 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 lie is Advertising Manager of the Key West Citizen; a daily newspaper published of Key West in Monroe County, Florida; that the attached copy of the adverlisenlent, being a legal notice in the matter of P_& - no4lc-y� en on 10 CanSrc(er ^ e- 1' 1 '7 1 - l , 1 1 - in the ^ l0. court, was published in said newspaper in the issues of 0cloo,(- 31 «g 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. (Signature of Affiant) Sworn to and subscii5ed i;c-;Iorcr me this___ cJ<iy of 1.996 (Signature of Notary Public) (Name of No l:+ry Puhlic) P(,i',rmmrlly Known OI Pro�duc od klenlific.fliori l yl)(. OI 10Ill lllcatiol l I 'f 0,clu(,r "(J RI=_NOTICE OF INTENTION TO CON- G(DER ADOPTION OF - COUNTY �IORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that- on Tuesday, November 12, 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 con - ,suer the .arPoption of the following County ordinance: AN ORDINANCE CREATING A BOAT- ING RESTRICTED" AREA (IDLE SPEED%NO WAKE ZONE), FOR THE I -BEAR SHORE,•W.ATERS ADJACENT .TO, SAFETY HARBOR SUBDIVISION, LdWER MATECUMBE; PROVIDING OI DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES .TO HOLD HARMLESS THE FLORIDA -DEPARTMENT OF ENVIRONMENTAL "PROTECTION, FROM ANY LIABILITY . INCURRED FROM .THE NEGLIGENT POSTING OF"BOATING RESTRICTED MARKERS; PROVIDING FOR PENAL - ;TIES FOR VIOLATIONS;" PROVIDING FOR EXEMPTIONS, PROVIDING FOR SEIIERABILITY; PROVIDING FOR, THf- REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH„ PRO- VIDING FOR INCORPORATION INTO --THE MONROE CVUNTI CODE OF <ORDINANCES; AND PROVIDING AN U.PECTIVE DATE. Pursuant to Section 286.0105, Florida :Statutes, notice Is given that If a •person •decided to appeal any decision made PB 'the Board with respect to any matter .considered at such�hearings or meet (rigs, he will need a record of the pro- ceedinas, and"th , for such -purpose-•"- ;he may need to ensure that a verbatim record of the proceedings is made, 1 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 I County, Florida, . . Dated at Key West, Florida, this .29th 'day of October, 1996. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida., October 31st, 1996 f�"0,C, Published Daily Key West, Monroe County, Florida 33010 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 / r in the matter of - 10 �•G2 C) 'y1.�2ytiAxbr. / SC"C4. !:�i 60 ':" atox&Lorn in the n 1 C'_ court, was published in said newspaper in the issues of o c_-4-11 6 t- l Ct%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 Aay. (exc*t Saturdays and specified holidays) and has been entered as second-class magm4er at the pest office in Key West, in said Monroe County, Florida, for a period of 1 ye -next Weced1ng the first publication of the attached copy of advertisement; and affiant fukther saZthat ie has nei- ther paid nor promised any person, firm or corporation any disfeunt, rebate, commission or refund for the purpose of securing this advertisement for publ-Ication A the gaid news- -pa er. o K cWtiTy (Signature of Affiant) Sworn to and subscrrbod I)Oore me thise � day of (- �- �� _ 1996 :•o° ER.•: ignature of Notary Public) Name of No l.+ry Publi(,) L xljrre ; 9110/,2000 Pr!r tonally Known _ Or 11orl f Yl)(' of IdentrficaUurr I'fodlj(.(°(1 --- -_-- 2 NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUNTY, _ " � ORDINANCE NOTICE IS -HEREBY GIVEN TO WHOM tT'MAY _CONCERN that on Wednesday, November 12, 1996,, at jd:oo'am. at the Key=Largo Library, i Tradewinds, Shopping -Center, , Key Largo' Monroe County, Florida, the.:: Boardof County Commissioners of... Monroe County , Florida, intends to con- sider the adoption of the following County ordinance: AN ORDINANCE CREATING A BOAT- -,8,_REED/1NO WAKE ZONE) FOR I htf NEAR SHORE WATERS ADJACENT TO, SAFETY HARBOR SUBDIVISION" LOWER MATECUMBF—FROVIDINd FOR DEFINITIONS; PROVI'DIN, ' G, THAT MONROE COUNTY AGREES TO HOLD HARMLESS THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FROM ANY LIABILITY INCURRED CURRED FROM THE NEGLIGENT POSTING OF BOATING RESTRICTED MARKERS; PROVIDING FOR PENAL- TIES FOR VIOLATIONS; PROVIDING FOR EXEMPTIONS;� PROVIDING FOR SEVERABILITY- PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PRO vIbING 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 hearings or Meet-., ings, he will need a record of the pro -I ceedings, and that, for such purpose, he� a verbatimli e may need tonsure that record of the -proceedings is made, 1 which record includes the testimony and evidence upori which the appeal Is to be' t based. -referenced - ordi- Copies 'of the above available for review at the nance are,a various public libraries 'in Monroe county, Florida. Dated at Key West, Florida, this 22nd day of October, 1996 . . : M.-DA�NY L. KOLHAGE, Clerk of the Circuit Court and ex off icio Clerk of the, Board of County Commissioners of Monroe County, Florida October 23rd 8, 27th, 1996 T PROOF OF PUBLICATION THE FLORIDA KEYS KEYNOTER ? ., Published Twice Weekly z �r MARATHON, MONROE COUNTY, FLOMK STATE OF FLORIDA COUNTY OF MONROE) N C' _ tv Tom Schumaker ____ who on oath, says that he/she is Before the undersigned authority personally appeared Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, Notice of Intention in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being IN THE MATTER OF: to consider Adoption Ordinance RE: Boating Restricted Area in the Court was published in said newspaper in the issues of OCt. 26, NOv. 2, 1996• Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper no.8683400 NOTICE OF INTENTION TO at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- CONSIDER ADOPTION OF COUNTY ORDINANCE published in siId MONROE COUN• IS HEREBY N WHOM paper has heretofore been continuously IT MAY CONCERTICE the TY. FLORIDA, twice each week (on Wednesday and Saturday) and has been 1996 aO 00 a.m. at the Key tLargo Library, Tradewinds Shop as second class mail matter at the post office in MARATHON, in cow ty, FloCenter, Key rida, theoard Largo, Monroe entered MONROE COUNTY, FLORIDA, for a period of one year next preceding County Commissioners of Mon - roe County, Florida, intends to fol- said copy of advertisement; and affiant fnr• consider the adoption of the lowing County ordinance: the first publication of the attached AN ORDINANCE CREATING A he has neither paid nor promised any person, firm. or corpo- BOATING RESTRICTED AREA WAKE ZONE) they says that (IDLE SPEED/NO ration any discount, rebate, commission or refund for the purpose of secnr- FOR THE NEAR SHORE WA- TERS ADJACENT TO SAFETY LOWER in (SEAL) HARBOR SUBDIVISON, PROVIDING ROVIDI ing this advertisement for publication the said newspaper. o TE noNs: GD NG THAT MONROE COUNTY AGREES TO HOLD HARMLESS THE FLORIDA DEPARTMENT OF ENVIRONMENTAL, PPROTEC- TION PROM ANY LIABIUTY OW CURRED FROM THE NEGU- GENT POSTING OF BOATING RESTRICTED MARKERS; PRO- VIDING FOR PENALTIES FOR VI- ---- OLATIONS; PROVIDING FOR EX-, EMPTIONS; PROVIDING FOR; SEVERABILITY; PROVIDING' /�MtIFER N my CC= Es0, 4 201 FOR THE REPEAL OF ALL ORDI- NANCES INCONSISTENT HERE- WITH; PROVIDItG FOR INCOR- } �L:s..,.r , .^�yiJ„;• (seal)i, ii PORATION INTO THE MONROE COUNTY ODE OF ORDI- NANCES; D PROVIDING AN EFFECTIVE ATE. Pursuant to Section 286.0105, Florida Statujes, Potios is given 2nd that if a person decided toappe al any decision made by the Board SWORN TO AND SUBSCRIBED BEFORE ME THIS - 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 verbatlrri recdra of the Pro- NO V emb e r = g 6 DAY OF �� A.D. 19 ceedings is made, which record includes upon which�dteyapppeavi- 1 is --- to be based. Copies ofa the above -referenced ordinance are available for review at the various public libraries in Monroe County, Florida. w—� --- -- �� Dated at Key West, Florida, this 22nd day of October. 1996. DANNY L KOLHAGE, Clerk of the£i►cultCourt and ex officio Clerk of the Board of County Commissioners -of Monroe County, Florida Publish Oct. 26, Nov. 2, 1996 Florida Keys Keynoter L