Loading...
Item U5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 19 November 2003 Division: Growth Management Bulk Item: Yes ~ No Department: Marine Resources AGENDA ITEM WORDING: Second of three public hearings on an Ordinance amending Chapter 5.5, Boats, Docks, and Waterways, prohibiting diving and snorkeling within manmade waterbodies and within 300 feet of improved residential canals, marinas, and commercial shorelines during the dates of the "Lobster Mini-season." (Three public hearings scheduled). ITEM BACKGROUND: Lobster mini-season brings a large number of divers to the Florida Keys. Many of the these visitors dive in residential canals and along residential and commercial shorelines disturbing the tranquility of neighborhoods and creating potentially dangerous hazards to navigation. With the large numbers of individuals diving canal areas in the past concern has been raised that these individuals may be injured by passing vessels. This Ordinance is modeled after a similar ordinance passed by Islamorada, the Village of Islands. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS; Approval TOTAL COST: None BUDGETED: Yes No COST TO COUNTY: None SOURCE OF FUNDS: REVENUE PRODUCING: Yes No -L AMOUNT Per Month Year APPROVED BY: County Atty -L DIVISION DIRECTOR APPROVAL: Risk Management NA. DOCUMENTATION: Included -L To Follow DISPOSITION: AGENDA ITEM NO.: VL5" BC031170 10/30/03 3:16 PM Marine Resources ORDINANCE NO. 2003 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CREATING ARTICLE VII IN CHAPTER 5.5 OF mE COUNTY CODE OF ORDINANCES, "BOATS, DOCKS AND WATERWAYS," PROHmITING DIVING AND SNORKELING WImIN MANMADE WATERBODIES, AND WITHIN 300 FEET OF MARINAS, IMPROVED RESIDENTIAL, AND COMMERCIAL SHORELINES DURING THE ENTIRETY OF THE TWO-DAY SPORT SEASON FOR SPINY LOBSTER; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Marine Fisheries Department of the Florida Fish and Wildlife Conservation Commission authorizes a two-day sport season each year for the harvesting of spiny lobster; and WHEREAS, the Board of County Commissioners finds that the increased diver and boat traffic in the navigable canals, and within 300 feet of marinas, improved residential, and commercial shorelines during the two-day sport season presents heightened public safety problems not generally applicable at other times of the year; and WHEREAS, the Board of County Commissioners fmds and declares these public safety problems to constitute a public nuisance, detrimental to the community as a whole, due to the level of policing and emergency services required to respond to accidents and collisions that occur because of the close proximity of divers and vessel traffic in small areas; and WHEREAS, the close proximity of divers to public and private property, as well as their interaction and exploration of docks, piers, and bulkheads in search of spiny lobster, leads to unnecessary destruction of property and deleterious environmental effects; and WHEREAS, the Board of County Commissioners declares this unnecessary destruction of property and the deleterious environmental effects caused in the navigable canals, marinas, and along improved residential and commercial shorelines to be a public nuisance; and WHEREAS, the Board of County Commissionersl finds and declares that the interaction of divers with publicly and privately 'Owned docks, piers, and bulkheads, in the canals, marinas, and along improved residential and commercial shorelines, additionally constitutes the crime of trespass under state law; and WHEREAS, the Board of County Commissioners finds that the prohibition of diving and snorkeling does not intrude upon the Florida Fish and Wildlife Conservation Commission's jurisdiction over the harvesting of spiny lobster and in fact furthers the Commission's stated intent of protecting and conserving Florida's spiny lobster resources. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA; THAT THE FOLLOWING SHOULD BE ADDED TO THE MONROE COUNTY CODE OF ORDINANCES: Section 1. Add Article VII, Chapter 5.5, "Boats, Docks, and Waterways as provided immediately below: Article VII. Diving and snorkeling prohibited during the lobster mini-season. Sec. 5.5-140: Intent and Purpose (a) The intent and purpose of this Article is to abate the destruction of property, deleterious environmental effects, and criminal trespass that results from the close proximity of divers to public and private property, as well as their interaction and exploration of docks, piers, and bulkheads in search of spiny lobster during the lobster mini-season; which activities constitute a public nuisance. Sec. 5.5-141: Definitions (a) Definitions shall apply as provided in Article I of this Chapter or as referenced from other Chapters as appropriate. Sec. 5.5-142: Diving and snorkeling prohibited. (a) It is a public nuisance and unlawful for any person to dive or snorkel in any manmade waterbody as defmed in this chapter, marina, or within 300 feet of an improved residential or commercial shoreline during the entirety of the lobster mini-season. A map reflecting the boundaries of the prohibited areas shall be available at the Department of Marine Resources, Monroe County for reference by the public and shall be incorporated by reference into this ordinance. The prohibited areas shall be marked by signs on the shoreline at conspicuous places, as has previously been done for the general slow speed / no wake zone for man made waterbodies, at marinas and along the main arterial waterways of the County as may be helpful to inform the public of the existence of the prohibition. (b) Exception - Nothing in this ordinance shall prohibit diving incidental to vessel or dock maintenance provided the diver performing the maintenance lawfully displays a diver down flag and otherwise complies with the requirements of Chapter 327, Florida Statutes, as amended from time to time. Sec. 5.5-143: Penalties. ( a) Any person cited for a violation of this Article shall be deemed charged with a non criminal infraction, shall be cited for such an infraction, and shall be cited to appear before the County Court. Citations shall be issued pursuant to 9 327.74, F.S. (uniform boating citations) by any law enforcement agency authorized to issue such citations. The civil penalty for any such infraction is fifty dollars ($50.00), except as otherwise provided in this section. (1) Any person cited for an infraction under this section may: (i) Post a bond, which shall be equal in amount to the applicable civil penalty; or (ii) Sign and accept a citation indicating a promise to appear. (2)The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty. (3) Any person who willfully refuses to post a bond or accept and sign a summons is guilty of a misdemeanor or the second degree. (4) Any person charge with a non criminal infraction under this section may: (i) Pay the civil penalty, either by mail or in person within ten (10) days of the date of receiving the citation, or (ii) If he/she has posted bond, forfeit bond by not appearing at the designated time and location. (5)Ifthe person cited follows either of the above procedures, he/she shall be deemed to have admitted the infraction and to have waived hislher right to a hearing on the issue of commission of the infraction. Such admission shall not be used as evidence in any other proceedings. (6) 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 five hundred dollars ($500.00). (7) At a hearing under this chapter the commission of a charged infraction must be proven beyond a reasonable doubt. (8) If a person found by the County Court to have committed an infraction, he/she may appeal that finding to the Circuit court. (9) Failure to pay fines within thirty (30) days shall be punished as a secondary misdemeanor. Section 2. Add the following defmitions to Article I of this Chapter. (b) "Dive" means to wholly or partially submerge one's body while equipped with a mask or goggles, whether or not any type of underwater breathing apparatus is used. (g) "Lobster mini-season" means the two-day sport season authorized by the Marine Fisheries Department of the Florida Fish and Wildlife Conservation Commission pursuant to Section 68B-24.005, Florida Administrative Code, as amended from time to time. Section 3. 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 4. Repeal of inconsistent ordinance clauses. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section s. 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 6. Effective date This Ordinance shall become effective upon filing with the Office of the Secretary of State of the State of Florida, THE REMAINDER OF TIllS PAGE LEFT INTENTIONALLY BLANK PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of December. 2003. Mayor Dixie Spehar Mayor Pro Tern Murray Nelson Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner David Rice (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Board of County Commissioners Of Monroe County, Florida BY Deputy Clerk Mayor/Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY -7