Item Q12BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February
20,
2008
Division: Growth Management
Bulk Item: Yes
No
X
Department: Planning & Environmental Resources
Staff Contact: Richard Jones
AGENDA ITEM WORDING:
Approval of an ordinance modifying Chapter 5.5, Article III, Monroe County Code concerning water-
borne craft, establishing No Discharge Zone regulations for water -borne craft, providing penalties for
violations, providing for repeal of all ordinances inconsistent herewith, providing for incorporation into
the Monroe County Code of ordinances, and providing for an effective date.
ITEM BACKGROUND:
The No Discharge Zone (NDZ) created by the February 2003 NDZ ordinance designated the area to be
established but did not provide for local regulations or penalties. The new ordinance will provide for
regulations and penalties consistent with those created by other local governments in the Florida Keys.
PREVIOUS RELEVANT BOCC ACTION:
February 2003- the Board approved an ordinance establishing a No Discharge Zone area to coincide
with the boundaries of the No Discharge Zone established by the Environmental Protection Agency in
2002.
May 1999- the Board approved an ordinance designating seventeen areas in the Keys as No Discharge
Zones.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: _ AGENDA ITEM #
ORDINANCE NO. 2008
AN ORDINANCE MODIFYING CHAPTER 5.5, ARTICLE
III, MONROE COUNTY CODE CONCERNING WATER-
BORNE -CRAFT, ESTABLISHING NO DISCHARGE ZONE
REGULATIONS FOR WATER -BORNE CRAFT,
PROVIDING PENALTIES FOR VIOLATIONS;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Monroe County is home to North America's only coral barrier reef, among
the most endangered coral reefs in the world due to multiple stressors including pollution from
sewage and stormwater that has caused a decline in water quality; and
WHEREAS, the reduction of water quality in Monroe County is caused in part by the
discharge of untreated or poorly treated sewage from vessels within Monroe County; and
WHEREAS, these waters are of such value that the State of Florida has designated them
as Outstanding Florida Waters and Congress has designated them as part of the Florida Keys
National Marine Sanctuary; and
WHEREAS, through the efforts of the Governor and the U.S. Environmental Protection
Agency, state waters within the boundaries of the Florida Keys National Marine Sanctuary were
established as a No Discharge Zone for boater sewage effective June 19, 2002, as published in
the Federal Register at 67 FR 35735 on May 21, 2002; and
WHEREAS, the No Discharge Zone applies to untreated or treated sewage from marine
sanitation devices but does not apply to gray water from showers or sinks, only sewage; and
WHEREAS, in order to comply with the No Discharge Zone, vessels should close their
through hull fittings and utilize pump -out facilities; and
WHEREAS, compliance with the Florida Keys No Discharge Zone within Monroe
County will be enhanced by the passage of an ordinance establishing that water -borne craft
comply with current U.S. Coast Guard regulations and the federal No Discharge Zone
regulations; and
WHEREAS, passage of such an ordinance will help improve water quality by providing
for an enforceable mechanism within Monroe County to implement the No Discharge Zone, and
encourage the use of certified pump out facilities by water -borne craft;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
Section 1. Chapter 5.5, Article III shall be amended by adding the following sections.
Sec. 5.5-49. No Discharge Zone Regulations.
(1) It shall be unlawful for any person to discharge treated or untreated sewage into the
jurisdictional waters of a No Discharge Zone from any water -borne craft, whether
moored, docked, in transit, or otherwise located within these waters.
(2) When operating a water -borne craft within the jurisdictional waters of the No Discharge
Zone the operator must secure any marine sanitation device in a manner which prevents
any discharge. Some acceptable methods are: padlocking overboard discharge valves in
the closed position, using non -releasable wire tie to hold overboard discharge valves in
the closed position, closing overboard discharge valves and removing the handle, locking
the door, with padlock or keylock, to the space enclosing the toilets (for Type I and Type
II Marine Sanitation Devices only).
(3) Type I and II Marine Sanitation Devices, composting toilets, electrical, or gas waste
burning toilets or similar devices are allowed, in lieu of a Type III Marine Sanitation
Device, so long as the residual waste product produced by such devices is not deposited
into state waters.
(4) If a water -borne craft, as defined herein, is not equipped with a marine sanitation device
capable of retaining sewage for pump -out, and the craft remains in the No Discharge
Zone for twenty-four (24) consecutive hours, then the owner or operator shall:
(i) Immediately install a marine sanitation device with a holding tank that
complies with Chapter 327.53 Florida Statutes; or
(ii) Berth the water -borne craft, when not in use in navigation, at a marina that has
either a pump -out facility to which the water -borne craft can establish a
dockside sewage disposal hookup or land based restroom facilities which are
available for use by the occupants of the water -borne craft.
Sec.5.5-50 Violations.
Violations of this ordinance may be prosecuted in the same manner as misdemeanors are
prosecuted. In such cases, the violations shall be prosecuted in the name of the state in a court
having jurisdiction over misdemeanors by the prosecuting attorney thereof and upon conviction
shall be punished by a fine not to exceed $500.00 for each day of violation or by imprisonment
in the county jail not to exceed 60 days or by both such fine and imprisonment. Violations may
also be prosecuted through proceedings before the Monroe County Code Enforcement Special
Magistrate, or through any other lawfully available means including civil and injunctive relief.
Section 2. Severability.
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 3. Repeal of Inconsistent Provisions.
All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the
extent of said conflict.
Section 4. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Section 5. Effective date.
This Ordinance shall be filed with the Office of the Secretary of State of the State of Florida, and
will take effect upon receipt by that agency.
PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at
a regular meeting of said Board held on the day of , A.D., 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Mario DiGennaro
Commissioner George Neugent
Commissioner Dixie Spehar
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
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(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
MAYOR/CHAIR PERSON
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