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Ordinance 032-1995 -7 ORDINANCE NO.032-1995 ~ ..,... ~; ~.. :r: AN ORDINANCE CREATING A BOATING RESTRICTED :pREA (IDLE SPEED/NO WAKE ZONE) FOR THE NEAR SHORE W 1\TERS ADJACENT TO SOMBRERO BEACH COUNTY pARK, MARATHON; 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. ~ ""T1 , r1 Cl CJ C":l "7' -i ~) I ......;,.~ W :,U ::g 111 (.~ N - / 0 0 :D 0 r:J WHEREAS, the area of navigable waters near Sombrero Beach County Park, Marathon, as described in Exhibit A, is used by many boats as well as numerous swimmers, creating a dangerous situation where boats move at high speeds near the swimmers; 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 shown in Exhibit A; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Definitions. 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. l(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 III 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 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 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 $35, 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) 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. 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. Section 6. Exemption. 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. 4 This ordinance establishing an Idle Speed/No Wake Zone adjacent to Sombrero Beach County Park was PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of September , A.D., 1995. Mayor Freeman yes Mayor Pro Tern London yes Commissioner Harvey yes Commissioner Douglass yes Commissioner Reich yes (SEAL ) ATTEST: Danny L. Kolhage BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By cS~~ By{k~C.llJ~ Ii.: Deputy Clerk EFFECTIVE DATE BY 5 1 1 Exhibit A S.ombrero B I each Count die Speed/No Y Park Wake Zone -W] 1 ., , l' .~ ~., 1 '2> GrS 1 '2> Co '2> '2> 1 ~ \ \ ~ 1 (~t \0 '2> \0 GrS \~ ~ 1 Co 1 1 @ 1 i 1 1 1 I Co 1 1 1 ~ ::' 1 1 1 1 1 5 1 1 1 G.,.~,.. n (f\O\f\\6 '2> ~(~ (5 It ~ ~(Ir:~I..Vf 1 tr 1 II '0 \~ \C ~ \\ ,0 '2 ~ \1 '\ \\1 ~ c S~~~ \ ~p~ L?: ~ ,e ,\ ,Cl ' \3 \0 '2> Sl'I\ (eP GrS 1 ,0 1983 (~t ~ ~ 1 '2> \' II \\ ,1 \1 \'2> \l.o \L.o \0 I':> 1 1 :<.0 1 l' 7.7. 7.0 '2.L.o ~'2. , ~'2 ~3 ,C ,/./ '2'0 s@ \~ .0' . ...............-~ .", . \'0 . ...... - ,/ ,,1? ~"" - - - - - ~ . ~ . . - ~~ . . . '2' .'23 " '" ~rd 5, , 0'" co@ 5 r,; 3 / '2'0 ~ ,'/ ,~3 ~ '2':> " : //~- 1S ShoOl7;;;/ 7.'Co,\r:,~'6.9'. _JilrnOJ\,:_~,~,~,G 6."'~ r-r~f! _., " \ \ ~<-. \ IS; / ,- ~/- l' 30 \10 \S ~' '2' 5 '2' 'j~ 1Dannp JL. I\olbage 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 October 3, 1995 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305\ 852-7145 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws The Elliott Building 401 South Monroe Street Tallahassee, FL 32399-0250 . Dear Mrs. Cloud: Enclosed please find certified copies of Ordinance Nos. 032,033,034,035 and 036-1995, which are self-explanatory. Th,ese Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in fonnal session on September 20, 1995. Please file for record. Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By: Isabel C. DeSantis ~C.~~ I Deputy Clerk cc: Municipal Code Corporation 032, 033, & 034-1995 Growth Management Director, 032, 035, & 036-1995 Tax Collector, 033-1995 Property Appraiser, 033-1995 County Commission County Attorney County Administrator ./File ~ - UNITED STATES POSTAL SERVK:E Z 396 282 896 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) . (W) en en ..... ~ ~ as ~ o o GO C') E o u.. Special Delivery Fee en a.. "801AJes ICileoetj wrqey I5utsn JOI no,( JlUlI\4J. - a. 'CD (.) Q) a: c .... :J Q) a: (.) :;:; II) Q) E o Cl CDC .s ~, IDO >:=- 'jjj III ~~ ~.~ -CD ~1Il.. III ~ ._ C) CD ~ .5 oS! ~~e iii'8X __CD III III ~ ~ ~ ~ .2: .... III ~ .E "'Q) "0 "- CD CD ~ lZ 0 'w ID 'C s:: -o1i~ ~ tl. &. - o 0 ~ lii o .c () E ::::I Z CD '0 1: < ai ~ 1:) ~ ~ 5- ~ o ..,; t\i .2 a. .~ _ a: .!!l l!! E ~Q,.a a:~~ ODOr-: <<Xi rn :s 5 15 "Ql ~ ; ~~ c ~ 51! ~ '0 c_ ; ~ ~~ 16 i ij ~ ~ s~ ~ ~ ~~ ..., 0 .e ~ Zgj " u:i '_!!!_ c 21 ~ t.., \r) - 0 CUCD t'l I 15 5 .~ ~ n 5l ~ 8 ~'" ,,"I iil ! l 1!~ ~. \. ~ ~ g " ~ -E :u ~ ~'( ~ '6 S Ql g j , ~J~ ~ alc-sio ~tn ..~ ~~= '0 fi ,,~ \,'" ~ N '0 l!! C tr-!i 0 V ~ llJ l'CJ 5fii~ ,g Cl>v. =='1>' ~.., ~ -=- Ql ~~ ~ ~\~ fii~.~ .s;: .5!-a m ~ .~ "" CJ ..iil i~! ~ ~ ~ ~'< CD...... ~ a: :t=:t:: C :i -; ::s E <C (', J t1: c.:: .. Cf) UJ * * ~ g,:g Gi::> ai CD V "Q J ~ ~ QQ:a.>S~.,,;~:! lD ~ ~ ~ " c:: ~ ZUJ ~ ~~~~ E~1!=i < N ~ d .- >< u.. (J)~~.()-::!~"-o C'i.:.:J ~ ~" Lri : ~ LaPIs aSJa^aJ a41 uo palaldwoo SS3HOOV NHnJ.3H Jno,( SI FLORIDA DEPARTMENT OF STATE Sandra B. Mortharn Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building 401 South Monroe Street Tallahassee, Florida 32399-0250 (904) 488-8427 October 9, 1995 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter dated October 3, 1995 and certified copy each of Monroe County Ordinance Nos. 95-32, 95-33, 95-34, 95-35, and 95-36, which were filed in this office on October 9, 1995. Sincerely, Li~~ Bureau of Administrative Code LC/mw • • c -----_. MUNICIPAL CODE CORPORATION .,,• - Pyti� �� Supplement Department v `�'�; �� �O L'.S.POSTAGi . PO Box tgee Q OCT 12'95 m Tallahace.r.P� Fl 3�31E•-2235 �... grq�� . ��` F6.86�z�4 Supplement 18 10/12/95 �-p'' 2 We have received the followin0 material. Thant you for your assistance and cooperation, Ordinance Nos. 022-1995, 033-1995 and 034-1995. • TO: 1 Ordinance No_. 023-1995 and 0036-1995 vas not tie. Isabel C. De5antis Sent with the above ordinances. Deputy Clerk • • Monroe County PO 2ox 1980 Key West, FL 33040 • 1-800r-262-CODE (National) EH 7ie BIIRVINCI THI! UPJ:I.R K.V8 ,.OR OYER 10 YEARS BOX 1197 . TAVERNIER, FLA. 33070 (305) 862.3218 FAX 852-8248 '. DAGNY WOLPP Bdltor . 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 _ 8/31 & 9/14/95. 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 finn, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. '1 / ,.' SWORN TO AND SUBS RIBED BEFORE ME TIllS _14TH DAY OF __SEPTEMBER_ A.D. , 1995__ ~<-f ~ /LO'D~<'---" NOTARY PUBLIC FFIClAL OTAR MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC290915 MY COMMISSION EXP. UNE 2,1997 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE • NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN f" that on Wednesday,September 20,1995,the Board of County Commis- ai- f sioners vvill hold a Public Hearing at the Marathon Government Center, 2798 Overseas Highway;;Marathon;FL(MM 48.5),Monroe County, ' .Florida,at 10:00 a.m. to consider the following County ordinance: AN ORDINANCE OF-THE BOARD OF COUNTY COMMIS- e:' SIONERS OF MONROE COUNTY,FLORIDA,CREATINGA BOAT- ING RESTRICTED AREA(IDLE SPEED/NO WAKE ZONE)FOR THE NEAR SHORE WATERS ADJACENT TO SOMBRERO BEACH COUNTY PARK,MARATHON;PROVIDING FOR DEFINITIONS; F PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ; HARMLESS FROM ANY LIABILITY INCURRED FROM THE NEG- LIGENT POSTING OF BOATING RESTRIC1hD MARKERS;PRO- ' VIDING FOR PENALTIES FOR VIOLATIONS;PROVIDING FOR , EXEMPTIONS; PROVIDING FOR SEVERABILITY;PROVIDING FORREPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDINGFOR INCORPORATION INTOTHEMONROECOUNTY , CODE;AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105,Florida Statutes,notice is given that .f if a person decided to appeal any decision made by the Commission with respect to any matter considered at such hearing or meeting,one will need a record of the proceedings,and that,for such purpose,that person will need to ensure that a verbatim record of the proceedings is made,such 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 24th day of August,1995. DANNY L.KOLHAGE Clerk of the Circuit Court and ex offrcio'Clerk of the Board of County Commissioners of Monroe County,Florida Published:8/31 and 9/14/95 The Reporter Tavernier,FL 33070 .;-, r h'u c, ~ . KE'1mVEST ITIZEN , r c.. i/\..J '-' 's :' 0 , C I'<.,^,~, ~ Published Daily Key.\Vest, l\-Ion'roe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE: Before' the undersigned a.uihorily person2!~Y eppe2red R.andy Erickson, who on oath says ih2t he is P.dv8i)ising }/ienager ci The Key \Vest CiHzen', a caily n9V,ISpeper publ;shed et Key \Vest in i'..1onroe County, Florica; that the a!tached copy of the advertisement, being a legel r:oUce R-IS~Y\~1.PC( . .. In ina \\ICL ~~ p~~rn ''p~ r , ,... d' 'd 1- "/- __:t -....... . -, _'II _ _.... ., ceLl!, ',.cS CLU;:S,.:;::: In Sc:. n;;;dSDc:<;""',;;'"\ il~O . t i"'- ,.1,.v ). l:: <::1 ::: ~ 1"'; ___""'~ '..,1 6'fd ~, (f[+~ l C\ qf, ) .....;:,... :.!.f . :~.:.:~ . t -j '-... '/~,... \...1....-: C:::---.:- - - t' - .. . I" I. '< ,-dHcfh Junf19 r says 11 :2.l II i9 sa;o ~:~ ;\:::; '/ "( I ;:::~ HJLci J :::> a. n:::\"'SOGD9J OL!OliSnea 2\ i o'Y : .':.: \.o . . -0 ,. . ~- . ". ;"',' # I' .',.,... # . _. . . . .. . . . . I :. .'.' . #; . , '-" vVaSl,'!i) sald Monroe Coumy, r:onoc; cno in::i Ins S2.ic.ne"I,ISOaDer nasnerSlOiOreoeen coni;nucL:siy 'pu~!isj';~d' In' said' i'Acmc::: County, Flod.d,a, e2.cn day' (except. Saturdays and . '. l::C-'--:'::'" # '... 1:' ) d' I' :..... ,... '-- --,... - I '--- -#1 _..._l.&. _~ l' ..... .... ~r...::ic:O j IOlioays an nas ceen en::f;:;Q c:..:> ~::\...Ol jO-Clc~::> mel II :~uer c:l lne pOSI omce If) K \. I " 'd 111 C 1 -. '... . 0 'J . . j 9Y ,.",.es!, in sa: l.'ionroe cunlY, r-:Gi,C2, ror 2. p~nco 0; I yeer neXI precedlng the Hrst . pubEc~i1on or the attached copy of ~dveriiseiT;ent; and aHiant further says ihcd he has nej1her paid nor promised eny persoil, ~j{fil or corporetion any dis~ount, rebete, commission r . .' .. .' '.. # , . # ., ..' 4 # . . o iSiUi:O ror ine purpose 0; secuiii,g in IS 2.0vemsemem lor pUD/lcadon In tile said nsv/sp=per. Sworn :0 and subscribed cefcre me \;-;:5 (Signature or .:\fi!ani) f1 Pta'l of "/p ~ A,(/I/) ./ / _,199'5 t= .. ",,-...- A-/ ---'~'-".~""'t,T;..;-;t~19,~elt1ft3 of Notary Pl.:oHc) BC::~Y/;;:;,;:,]~:~;,ri!t:;i~~~~'::,ro II -.. ......"'.,.;..'''.:"..__~;SI''.. . :. C"'_ -..: (Name of Notary Public) Expires: .J't'f'.F Perscflcliy I<r,. \',In ~ or Produced lcenmic2iicn Type of ldentificc}ion Produced NOTICE OF INTENTION TO CON- SIDER ADOPTION-OF ACOUNTY ORDINANCE !NOTICE IS HEREBY GIVEN TO,-I WHOM IT MAY CONCERN that on:: Wednesday, September 20, 1995; the Monroe.County Board of-County: `.. Commissioners will hold`a Public • • Hearing at the Marathon Govern- ment Center, 2798 Overseas High,- way, Marathon, FL(MM 48.5), Mon- roe County, Florida,at 10:00-a:m.,to consider the following..County Ordi- • c nance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,.FLORIDA, CREATING A BOATING RE- STRICTED AREA(IDLE SPEED/NO • WAKE ZONE)FOR THE NEAR - SHORE WATERS ADJACENT TO SOMBRERO BEACH COUNTY PARK;MARATHON;PROVIDING. FOR.DEFINITIONS;PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA DEPART- -MENTOF ENVIRONMENTAL PRO-. TECTION HARMLESS FROM ANY LIABILITY INCURRED FROM THE NEGLIGENT:POSTING OFBOAT- i" -ING RESTRICTED_MARKERS; PROVIDING FOR;PENALTIES FOR • •VIOLATIONS;.PROVIDING FOR EX-: EMPTIONS;PROVIDING FOR SEV- ERABILITY;PROVIDING FOR RE- . PEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH;PRO- VIDING FOR INCORPORATION . . INTO THE MONROE COUNTY CODE;AND PROVIDING AN EF- ,FECTIVE DATE. • Further, pursuant' to. Section:. 286.0105, Florida statutes, notice is given that if a.person decides to ap- peal ( any decision made by the Corn- mission with respect.to'any matter I considered at such hearing or meet- ing,'one will'need.a record of the pro= ceedings, and that,for such purpose f• "that person will need-to ensure that a • ' - ' verbatim record of the is proceedings Ij I. made;such record includes the testi- •I mony: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 this 24th day. of August, ! 1995: . . DANNY L.KOLHAGE Clerk of the Circuit Court '. and ex offico Clerk of the Board of County Commissioners of Monroe - County,Florida f. September 3rd&17th, 1995 \ -' NOTICE OF INTENTION TO CONSIDER ADOPTION OF A COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesda~, September 20, 1995. the Monroe County Board of County Commissioners will hold a Public Hearing at the Marathon Government Center, 2798 Overseas Highway, Marathon~ FL (MM 48.5), Monroe County, Florida, at 10:00 a.m. to consider the following County Ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CREATING A BOATING RESTRICTED AREA (IDLE SPEED/NO WAKE ZONE) FOR. TH0!'~NEAR SHORE WATERS ADJACENT TO SOMBRERO BEACH COUNTY PARK, MARATHON; 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. Further, pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the commission with respect to any matter considered at such hearing or meeting, one will need a record of the proceedings, and that, for such purpose that person will need to ensure that a verbatim record of the proceedings is made; such 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 this 24th day of August, 1995 DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida page 1 NOTICE. 17/TXTADAMS, 082495 : 11 • • ORDINANCE NO. -1995 • AN ORDINANCE CREATING A BOATING RESTRICTED AREA (IDLE SPEED/NO WAKE ZONE) FOR THE NEAR SHORE WATERS v. ADJACENT TO SOMBRERO BEACH COUNTY PARK, • MARATHON; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE .FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION HARMLESS FROM ANY LIABILITY INCURRED FROM THE 'NtOLIGENT 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 Sombrero Beach County Park, Marathon, as described in Exhibit A, is used by many boats as well as numerous swimmers, creating a dangerous situation where boats move at high speeds near the swimmers; 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 shown in Exhibit A; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Definitions . 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 • 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 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 $35, except as otherwise provided in this section. �4!357•,; 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 j At a hearing under this chapter the commission of a charged infraction must be proved beyond a reasonable doubt. s.• 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. Exemption. 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. 4 • • • This ordinance establishing an Idle Speed/No Wake Zone adjacent to Sombrero Beach County Park was 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 , A.D., 1995. 1 Mayor Freeman • Mayor Pro Tern London Commissioner Harvey • Commissioner Douglass • , ;v,s;••• Commissioner Reich (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: Danny L. Kolhage OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman EFFECTIVE DATE APP' • ED • O)i ORM AN, F •IENCY r / oTheys Office 5 ~ 1 Gr~ ~ .' .,'0 ~ , e ~ ~ ~ IC) ~ \ .. < SJD""pl> o,\e "0 ~ ~ Ie, ~ /~ 1. , SOmbrero Beach County Park Idle Speed/No Wake Zone - EJ ~ 1 Co ~ 1 e . I 1 1/'/ vrs ~ 1 .~ 1 ,981 "",. ,"p' l\ ,ell 'i 1 1 1 1 5 1 El\ / 1 1 1 1 @ 1 1 1 e 1 co 1 1 1 olr 1 I Co 1 J 1 C3 1 1 1 5 e e r~Y \0 1 1" n G .\' ;.0,,\\6 e rS It ,.\'1 lI~GO~ t.4 \.. V' .j fcC' lV' f 1 1 ". Gr~ \~ C3 , .... \~ \e \Q ~ \c, \ tv/' ~ It. IZ \, Idle Speed/No Wake Zone ~ 7.3 7.3 :" ,C) " Sl'\ leI' vrS 1983 1 <:l Ie " C3 ,0 ..,>(' '2' 1 <:l 1 " II ~~ '20 '23 '\c. // I() <:l r~'f '21.o '2'2 '2'2 IS 12 13 \'" '2~ s@ l<:l '23 . . ~(d 5 (. 'l.() " '2€>/--- ;,0 '>,' ;," / '23 [';) ,/ . ...rt / (11 /7.\'O\\':J*(~'ff 1:" (lrf\(11\ <~~O;;;;(!~ \..:<: 0/ ;" Ie / / ~~ )'7 ,/'.....---., '= 18 ...._/ (. ____' 7.? 5 c AI ~ ::'2 / '21 I<J - . '21 '2' \t. I" IS '2'