Ordinance 003-1995
(:'1) Ell F Iii. ;.n:-I r1I'~'
I 'l~ Ll . ',.." , '_,; ..'
Mayor Pro T em London
'95 JAN 31 A9 :07
f!,. N :l~
'CLr.:: ORDINANCE NO. 003-1995
~10NR()f I tHIN iT I-I :
AN ORDINANCE PROHIBITING THE ANCHORING,
MOORING OR DOCKING OF LIVE-ABOARD VESSELS IN
MAN-MADE CANALS AND BASINS LOCATED IN
RESIDENTIAL AREAS; PROVIDING AN EXEMPTION FOR
LAWFULLY OPERATING MARINAS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR PENALTIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WH EREAS, the environmental character of the adjacent residential
property and the public health, safety and welfare of Monroe County residents
can be adversely affected by the uses made of the man-made canals, basins,
and the nearby open water;
WHEREAS, a special relationship exists between man-made canals and
basins and adjacent residential property;
WHEREAS, it is in the best interests of those persons living on the adjacent
residential properties that live-aboard vessels be prohibited from anchoring,
mooring or docking in man-made canals, water basins, and nearby open water
because of:
aJ the danger to public health and the environment caused by
the discharge of untreated wastewater and other pollutants or
effluents into the canals, basins, and nearby open water due to
the lack of wastewater handling facilities in residential areas;
b) the visual obstacles and intrusions that interfere with the
tranquillity otherwise enjoyed by the adjacent residential property;
c) the danger of navigational hazards to other vessels using the
canals, basins, and nearby open water;
WHEREAS, the Florida Environmental Regulation Commission has
designated Monroe County's near-shore waters as Outstanding Florida Waters
offering them the highest and entitling them to the highest protection;
WHEREAS, Sec. 327.60, F.S.A., authorizes Monroe County to restrict the
anchoring, mooring and docking of live-aboard vessels; and
WHEREAS, Sec. 327.73(1 )(i)(2) , F.S.A., authorizes the use of the uniform
boating citation procedure to enforce County restrictions enacted under Sec.
372.60, F.S.A.; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Definitions.
A. "Live-aboard vessel" means
1 ) any vessel used solely as a residence;
2
2) any vessel represented as a place of business, a
professional or other commercial enterprise, or a legal
residence.
A commercial fishing boat is expressly excluded from the term "live-
aboard vessel."
B. "Residential area" means any area designated improved
subdivision, suburban residential or suburban residential limited, sparsely settled,
urban residential, and urban residential mobile home under the Monroe County
land development regulations.
C. "Vessel" is synonymous with boat as referenced in s. 1 (b), Art. VII of
the State Constitution and includes every description of watercraft, barge, and
airboat, other than a seaplane on the water, used or capable of being used as
a means of transportation on water.
Section 2. Prohibition On Live-Aboard Vessels In Residential Areas;
Exception.
A. No person may anchor, moor or dock, or permit or cause to be
anchored, moored or docked, any live-aboard vessel:
(i) in a man-made canal, man-made basin, or man-made cove
that is adjacent to any residential area; or,
3
(ii) within 100 feet of a man-made canal mouth, man-made basin,
man-made cove, or a man-made or natural shoreline whose adjacent or
upland property is a residential area.
B. Any vessel with a person or persons aboard that is anchored,
moored or docked in the same location for 72 hours is presumed to be a Iive-
aboard vessel.
C. This prohibition does not apply to a marina in lawful operation on
the effective date of this Ordinance.
Section 3. Penalties.
Monroe County Code Enforcement is charged with enforcement
responsibility for this ordinance.
A. Any person cited for a violation of this Ordinance shall be deemed
charged with a noncriminal infraction, and notified 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
4
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 1 0 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 so 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
5
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. Affected Area.
This Ordinance is effective only in unincorporated Monroe County.
Section 7. This Ordinance is cumulative to any other substantive laws or
ordinances that regulate live-aboard vessels and is cumulative to any
enforcement procedure that those laws or ordinances may provide. This
Ordinance does not supersede or repeal or otherwise modify those laws,
ordinances or enforcement procedures in any way.
Section 8. 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 9. Repeal of Ordinances in Conflict Herewith.
All Ordinances or parts of Ordinances in conflict with this Ordinance are
hereby repealed to the extent of said conflict.
6
Section 10. 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 numbering system of the Code.
Section 11. Effective Date.
This Ordinance shall take effect immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida that this
Ordinance has been filed with that Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 18th day of
January, 1995.
Mayor Shirley Freeman yes
Mayor Pro Tem Jack London yes
Commissioner Wilhelmina Harvey yes
Commissioner Keith Douglas yes
Commissioner Mary Kay Reich no
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By 6i.i.d.ll6~nJ
epu# Cler
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By cS~~
Effective Date
b/p/resord/vessels 1
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1Bannp JL. itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
January 30, 1995
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
CERTD1ED 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. 003-1995
prohibiting the anchoring, mooring or docking of live-aboard vessels in man-made
canals and basins located in residential areas; providing an exemption for lawfully
operating marinas; providing for definitions; providing for penalties; providing for
severability; providing for the repeal of ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and providing an effective
date.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting in formal session on January 18, 1995.
Please file for record.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
~ -#;;;;i:;.t_J
cc: Municipal Code Corporation
County Commissioners
County Attorney
County Administrator
Growth Management Director
Code Enforcement Director
Marine Resources Director
f10rida Department of Environmental Protection, Keys Branch
/File
;.'
Z 009 995 537
~ Receipt for
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_ No Insurance Coverage Provided
PQSUMTED STATES Don t f
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(See Reverse)
Z 009 995 536
Receipt for
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No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
Sent to MRS. LIZ CLOUD
FL DEPT OF STATE
Street and No
BUREAU OF ADMINISTRATIVE C
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401 SOUTH MONROE ST
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FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
401 South Monroe Street
Tallahassee, Florida 32399-0250
(904) 488-8427
February 6, 1995
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. Ko1hage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letters of January 30, 1995 and
certified copy each of Monroe County Ordinance No. 002-1995 and
003-1995, which were filed in this office on February 3, 1995.
We notice that you did not include the Data Retrieval System
Coding Form for the above numbered 003-1995 ordinance. This
information is needed to help keep our index system updated.
Attached are forms and information to help you in providing us
with this information and for future use.
Sincerely,
~~
b ~
Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
Attachments: Coding forms
Keyfield descriptor chart
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STATE OF FLORIDA
COUNTY OF MONROE:
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Before the undersigned authority personally appeared Randy Erickson, who on oath
says that he is Advertising Manager 01 Tile Key West Citizen, a daily newspaper published
at KeyWest in Monroe County, Florida: that tile attached copy of the advertisement, being
a legal notice
in the matter of--NO ~'(~
A"c.hut'\"~ 6'C" P'GbT'.V'j
in the
u~ ~':l.tV\.~IOT"l / Pl'c)hl'b\'~"1'\j ~h~
IJ e lrl.A( - ~'1~
court, was published in said newspaper in the
issues of ~t-e.v-b.tc 'l~..\-~) tC\ct'f
.
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
neither paid nor promised any person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing tllis advel1isement for publication in the said
newspaper.
SEAL
c-7 (Signature of Affiant)
Sworn to and subscribed before l11e this1~aY of /hA;~ ,1994
II""".' Si nature of Notary Public)
p?-'!~~~!{~~ M"~'~~::~CY E- CfiPZR;l
~~":-,.~~,/.,.~ _ "'~t ,!"lISS:'~N .y ~. _ ~
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, ,......;, 8(.' .t!.,,~, ',_,:', '., .'...., ":-0,":"'_
-~.:-::"~_:~~l)tN-ana:e,o.fl otary Public)
~~'
Expires: ..{'/(~/
Personally Known +- or Produced Identification
Type of Identification Produced
..~" ,', '" __ .-1 ,1
NOTICE bF INTENTION TO CON.
SIDER ADOPTION OF COUNTY ,
ORDINANCE
NOTIj::E IS HEREBY GIVEN TO
WHot1lT MAY CONCERN that on
Wednesday, January" 18, 1995, at
10:00 A.M.' in Courtroom B, 500
Whitehead Sire.et, Key West, Mon.
roe County, Florida. the Board of
County Commissioners of Monroe
County. Florida. intends to consider
the adoption of the following Co,unty ,
ordinance: '
ORDINANCE NO,-1995
AN ORDINANCE PROHIBITING.
THE' ANCHORING OR MOORING
OF LIVE-ABOARD VESSELS IN
MAN-MADE CANALS, AND BASINS
LOCATED IN RESIDENTIAL AR.
EAS; PROVIDING AN EXEMPTION
FOR LAWFULLY OPERATING MA.'
RINAS; PROVIDING FOR DEFINI-
~:~~S;p~~~Y6~~~G :g~ ~~~~~~, I. r ,...,. ,~ .
ABILITY; PROVIDING FOR THE RE-
PEAL OF ORDINANCES INCON-
SISTANT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF OR. ),~ . '. "
DINANCES;AND PROVIDING AN
EFFECTiVe;- DATE.
Pursuant to Section 286.0105. Flor-
ida ~tatutes, notice is given that if a
persondecides to appeal any deci-
sion made by the Board with respect
to any matter considered at the hear-
ing, he will need a record of the pro-
ceedings and that. for such purpose,
he may need to ensure that a verba-
tim record of the proceedings is
, made which record includes the tes-
timony 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
19th day of December, 1994.
DANblY L. KOLHAGE
Clerk of the Circuit Court and
ex officio of the Board
of County Commissioners of
MooroeCounty, Florida,
December 23&30,1994
7ie
SERVINGI THE UPP.R K.VS
FOR OYER 10 YEAR8
BOX 1197 . TAVERNIER, FLA. 33070
(305) 862-3218
FAX 852-8249
DAGNY WOLPF
EdItor. Publllber
STATEMENT OF PROOF OF PUBLICATION
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared DAGNY WOLFF, who on oath, says that she is
EDITOR and PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal
advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being
a LEGAL ADVERTISEMENT
IN THE MATTER OF_NOTICE OF INTENTION
IN THE Court, was published in said newspaper in the issues of _ 12/22 and 12/29/94
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.
/
/
SWORN TO AND SUBS IBED BEFORE ME THIS _29th_ DAY OF __DECEMBER_ A.D. , 1994__
410~Z k? A!~~ 1M
" or ""uwdDA At ~AIl
NOTARY PUBLIC NO'lAltY r:-: :;liliS PlaaUAI'l 01,1995
IIY ~HltU AGlINT'S NOTAR" ~oClIlA<JII
MY COMMISSION EXPIREI:DNDI
•
NOTICE OF INTENTION TO CONSIDER '
- ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN
thaton Wednesday,January 18,1995,at10:00 A.M.in Courtroom B,500
Whitehead Street, Key West, Monroe County, Florida, the Board of I
County Commissioners of Monroe County,Floida,intends to consider
the adoption of the following County ordinance:
ORDINANCE NO. 1995
AN ORDINANCEPROHIBITINGTHEANCHORING OR MOOR-
ING OF LIVE-ABOARD VESSELS IN MAN-MADE CANALS AND
BASINS LOCATED IN RESIDENTIAL AREAS; PROVIDING AN
EXEMPTION FOR LAWFULLY OPERATING MARINAS;PROVID-
ING FOR DEFINITIONS;PROVIDING FOR PENALTIES; PROVID-
ING FOR SEVERABILITY;PROVIDING FOR REPEAL OF ALL OR-
DINANCES 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 decides 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 at Key West,Florida,this 19th day of December,1994.
DANNY L.KOLHAGE
_ Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
of Monroe County,Florida
Published:12/22 and 12/29/94 '
The Reporter
Tavernier,FL 33070 --..
•
•
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly . .
•
MARATHON• , MONROE COUNT', FLORIDA.
•
STATE OF FLORIDA )
COUNTY OF MONROE)
Before the undersigned authority personally appeared Tom Tuell. who on oath, says that he/she is
Editor_ of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
,n MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice Of Intention To
Consider Adoption Of County Ordinance
fN THE MATTER OF: Ordinance Prohibiting The Anchoring or Mooring of in the
Live-Aboard Vessels In Man-Made Canals and Basins
^___� ' Court was published in said newspaper in the issues of
December 24, 31 , 1994 _N— •
f no.2604600 ..
eilliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper TO"CONSIDER OEIINTENTION
TENTI ON
it MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
Japer has heretofore been continuously published in said MONROE COUN- 966 a nerd YO January
n a that
! Courtroom B, 500. Whitehead
CY, FLORIDA, twice each wethe
ek (on Wednesday and Saturday) and has been Street,Key West,Monroe Court
f ty.Florida,the Board of County
ommissioners of Monroe Coun-
altered as second class mail matter at the post office in MARATHON, in ty Florida. intends to consider
the adoption of the following
;aid MONROE COUNTY, FLORIDA, for a period of one year next preceding County ordinance:
ORDINANCE NO. -1996
he first publication of the?attached copy of advertisement; and affiant fur- (, AN ORDINANCE OR MOOTING
OF LIVE-ABOARD.VESSELS IN
her says that he has neither paid nor promised any person, firm, or corpo- .
! MA S�D A,CA N RESI ND
I
ation any discount, rebate, commission or refund for the purpose of recur- j TIAL AREAS; PROVIDING AN
EXEMPTION FOR LAWFULLY
OPERATING MARINAS; PRO-
NG
VIDING FOR DEFINITIONS;PRO-
ng this advertisement for publication in the said newspaper.(SEAL). VIDING FOR PENALTIES; PRO
VIDING FOR SEVERABILITY•
PROVIDING FOR THE REPEAL
OF ORDINANCES- IRNCONSIS-
•f, I ORT INCORPORATION VI(INTO
\ T•
HE D COUNTY CODE
OF ORDINANCES; AND PRo-
VIDING AN EFFECTIVE DATE.
. ... .__-- Pursuant to Section s to appeal
"4111111110111
/— ..s. 1 A+;\+�:�}�/; {� p r. any decision made by the Board
�r JJ 1 t'V.LLULRGER _ with respect to any matter con-
AA! 1 eidered at the.hearing, he will
P�7 Comm 0.06
rt/ t [; need a record of the proceedings,
t: NOTAf�. M"� �k Q' '"f�' /�V and that, for such purpose, he
`t f��LIC Conde' e t t may need to ensure that a verba-
O, By Serti1ce Ins tim record of the proceedings is +
/.• J 1� made,which record includes the
seal) ��f FLC� No.6�CC219643 testimony
the appeal s to be bae upon
`-� 1 µ.i"'t^7!Own 1 3 OfJ+,tp f„' I Copies of the above-referenced
ordinance are available for review
at the variCountousy,Fl publicorida.libraries in
. • Monroe
WORN TO AND SUBSCRIBED BEFORE ME THIS 5th DATED'at 9thdeyofDecWemberli9s4this
DANNY L.KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
of Monroe County,Florida
>AY OF January _ A.D. 19 95 Publish:Dec.24.31,1994
Florida Keys Keynoter
14-7-i•—• Y
i
i —
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday,
January 18, 1995, at 10:00 a.m. in Courtroom B, 500 Whitehead Street, Key West, Monroe
County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to
consider the adoption of the following County ordinance:
ORDINANCE NO. -1995
AN ORDINANCE PROHIBITING THE ANCHORING OR
MOORING OF LIVE-ABOARD VESSELS IN MAN-MADE
CANALS AND BASINS LOCATED IN RESIDENTIAL AREAS;
PROVIDING AN EXEMPTION FOR LAWFULLY OPERATING
MARINAS; PROVIDING FOR DEFINITIONS; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ORDINANCES INCONSISTENT
HEREWITH; PROVIDING 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 decides
to appeal any decision made by the Board with respect to any matter considered at the
hearing, 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 19th day of December, 1994.
DANNY L. KOLHAGE
Clerk of the Circuit Court and
ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
(SEAL)
Mayor Pro Tern London
ORDINANCE NO. -1995
AN ORDINANCE PROIllBITING THE ANCHORING
OR MOORING OF LIVE-ABOARD VESSELS IN
MAN-MADE CANALS AND BASINS LOCATED IN
RESIDENTIAL AREAS; PROVIDING AN
EXEMPTION FOR LAWFULLY OPERATING
MARINAS; PROVIDING FOR DEFINITIONS;
PROVIDING FOR PENALTIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF
ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OP ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, a special relationship exists between man-made canals and
basins and adjacent residential property;
WHEREAS, the environmental character, public health, safety and welfare of
the adjacent residential property can be adversely affected by the uses made of the
man-made canals, basins, and the nearby open water;
WHEREAS, it is in the best interests-ef those persons living on the adjacent
residential properties that live-aboard vesse!~be prohibited from man-made canals,
~ -
water basins, and nearby open water because of:
a) the danger of navigational hazards to other vessels using the
canals, basins, and nearby open water;
.
-',"-"-"-~""'"-<-'-~--~'--'--~'--:"~:-'---~
b) the danger to public health and health of the environment caused
by the discharge of wastewater and other discharges into the canals,
basins, and nearby open water;
c) the visual obstacles and intrusions that interfere with the
tranquillity otherwise enjoyed by the adjacent residential property;
WHEREAS, Sec. 327.60, F.S.A., authorizes Monroe County to restrict the
anchoring and mooring of live-aboard vessels; and
WHEREAS, Sec. 327.73(l)(i)(2), F.S.A., authorizes the use of the uniform
boating citation procedure to enforce County rbstrictions enacted under Sec. 372.60,
F.S.A.; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
Section 1. Definitions.
A. "Live-aboard vessel" means
1) any vessel used solely as a residence;
2)-- '----l1Ifyvesselrepresentedas a place of business; a----
professional or other commercial enterprise, or a
legal residence.
A commercial fishing boat is expressly excluded from the term "live-
.
aboard vessel."
2
B. "Residential area" means any area designated improved subdivision,
suburban residential or suburban residential limited, sparsely settled, urban
residential, and urban residential mobile home under the Monroe County land
development regulations.
C. "Vessel" is synonymous with boat as referenced in s. l(b), Art. VII of
the State Constitution and includes every description of watercraft, barge, and
airboat, other than a seaplane on the water, used or capable of being used as a
means of transportation on water.
Section 2. Prohibition On Live-Aboafd Vessels In Residential Areas:
Exception.
A. No person may anchor or moor, or permit or caused to be anchored or
moored, any live-aboard vessel:
(i) in a man-made canal, man-made basin, or man-made cove that is
adjacent to any residential area~
or,
(ii) within 100 feet of a man-made=canal mouth, man-made basin, man-
made cove, or a man-made or natural shoreline whose adjacent or
upland property is a residential area.
B. Any vessel with a person or persons aboard that is anchored or moored
in the same location for 72 hours is presumed to be a live-aboard vessel.
3
C. This prohibition does not apply to a marina in lawful operation on the
effective date of this Ordinance.
Section 3. 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, 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:
4
<,,'-.,"
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 so 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 coUIt____may imp()se 3_ civil penal!Y_ not.to
exceed $500.
F. At a hearing under this chapter, the--cnmmissTorrofa chargethnfraction~'
-
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.
..
5
. .-".
Section 6. Affected Area.
This Ordinance is effective only in unincorporated Monroe County.
Section 7. This Ordinance is cumulative to any other substantive laws or
ordinances that regulate live-aboard vessels and is cumulative to any enforcement
procedure that those laws or ordinances may provide. This Ordinance does not
supersede or repeal or otherwise modify those laws, ordinances or enforcement
procedures in any way.
Section 8. 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 9. Repeal of Ordinances in Conflict Herewith.
All Ordinances or parts of Ordinances in conflict with this Ordinance are
hereby repealed to the extent of said conflict.
Section 10. 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 numbering
system of the Code.
.
6
Section 11. Effective Date.
This Ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this Ordinance
has been filed with that Office.
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
, 1995.
Mayor Shirley Freeman
Mayor Pro Tern Jack London
Commissioner Wilhelmina Harvey
Commissioner Keith Douglas
Commissioner Mary Kay Reich
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(SEAL)
ATTEST: DANNY L. KOLHAGE
Clerk
Deputy Clerk
A1'MOVtD AS TO FORM
AND LEGAL SUFFICfEftlr:y,
...&~~ -
By
Effective Date
.
presordllive-aboard
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