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Ordinance 050-1995 r- l FO ~ .'('- :I'-('(-l"'n r ~_ _ ;- I,.I;~: t\ t~. \....1._; t":, ~ " '95 DEe 15 All :37 : ,.",'''i , - ~~ J ~i f':. ORDINANCE N0050-1995 AN ORDINANCE CREATING A BOATING RESTRICTED AREA (SLOW SPEED/MINIMUM WAKE ZONE) FOR SNAKE CREEK, LOCATED BETWEEN WINDLEY KEY AND PLANTATION KEY; 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 PENAL TIES 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 of Snake Creek, as described in Exhibit A, is a common route for numerous boaters, creating a dangerous situation where boats move at high speeds in a limited space; 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 (slow speed/minimum 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) "Slow speed/minimum wake" means that a vessel must be fully off plane and completely settled into the water. It must not proceed at a 1 speed greater than that speed which is reasonable and prudent to avoid the creation of an excessive wake or other hazardous condition under the existing circumstances. A vessel that is: 1) operating on a plane IS not proceeding at slow speed/minimum wake; 2) in the process of coming off plane and settling into the water or coming up onto plane is not proceeding at slow speed/minimum wake; 3) operating at a speed that creates a wake which unreasonable or unnecessarily endangers other vessels is not proceeding at slow speed/minimum wake; 4) completely off plane and which has fully settled into the water and is proceeding without wake or with minimum wake is proceeding at slow speed/minimum wake. 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. Slow Speed/Minimum Wake Boating Restricted Area Established. No person shall operate a vessel in the Slow Speed/Minimum Wake boating restricted area at a speed in excess of slow speed minimum 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. 2 Section 3. Slow Speed/Minimum Wake Markers. The Slow Speed/Minimum 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 Slow Speed/Minimum 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. 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. 3 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. 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. 4 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 Slow Speed/Minimum Wake boating restricted area is approved by the necessary state and federal agencies. 5 This ordinance establishing a slow speed/minimum wake zone for Snake Creek was PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21st day of Mayor Freeman Mayor Pro Tern London Commissioner Harvey Commissioner Douglass Commissioner Reich November , A.D., 1995. yes yes yes yes yes (SEAL ) ATTEST: Danny L. Kolhage By~MC. i1xb~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By cJ'/.1;.iLu-:F~ ~airman EFFECTIVE DATE BY 6 \. _IV '\ - '" Exhibit A ., '" ~ '" Snake Creek _'\ "', Slow Speed/Minimum Wake Zone ., ,. '" '" ., ~ '\ ~ ~ ., ~ " '\ . ; II L.~ '" ., '" ., ~ '" '" ., *" , '" // ., ., '" ., *" , *'" <. '" ~ ~ , Q) ~~t '\ ., -~ , '0 ~ Q;I ~ <1> ~ ., '" ~-.- -,'?J ,s. Q' Q' ., *" , '" ~ ., 0"<0 ., '\ '" '" '" ., '" '" '" ~ o "- '\ "- o C> '" .q' ., ., *'" <. '" ., '" '\ ., '" '" '" g.' Q.'r -1'" *" , ., '" ., '" ., ~~ "'~ ~ '\IV ,~Q:- '\ . Q:- <1, .. .'q'fl:l:<O ~ ~ // ?-AA' ., ~ '\ ~~ '\ ., ., '" ., ., ~ /~ ......_~~~=::..:::::::::::.~~.~ ~ , ~ ~ ", rJb Will '\ '\ '\ o f '" *" , '" '" <1> 00,,,, "- o ~ u ~ '" ., ., '" ~'O '" '\ Northwest end of the Slow Speed/Minimum Wake Zone 0\ 'b ~ ~., ~'1 q:~i~~.. ..., So~theast end of the '\ ,,~.\~. Slow Speed/Minimum Wake Zone ." ~ftJ... ",'V . ~;. ,,;' cl' ~., . ,G'~-.. - ;.' ~ ~ 'b ~;~:: '" ....... .~ ... 0) Ct) Q) .... 0) ,,~ ., ., '\ ., '\ '" *'" <. ., '" '" '" '" '\ '" ~ q' '\ ., -l' ., ., *'" ., , ., ., '" '" '\ " '\ ., '\ 'b *" , 'b 'b ~ " 'b ., 'b ;ft,..... -j ...., I ~ '\ , " '\ ~ ~ M 00 J> <0 ~ fei ,f 'Y, 'Y- '" <-~, " , ~ '" ~ 'b ::! <J" IV ., Q << ~ ~ ~ ~ 'b '" ::! " ., ~ ., ., ~ ~ '\ ::! '\ , " , '" ~ ::! ~ '" ., ., ~ ::! ::! 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(305) 292-3550 December 15, 1995 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 No. 049, 050, and 051-1995. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on November 21, 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 e . 10 n 6 C= ) Deputy Clerk cc: Municipal Code Corporation 049-1995 & 050-1995 County Commissioners County Administrator County Attorney Planning Department, 051-1995 Marine Resources Department, 050-1995 ; File -- — SENDER: •' I alto to the ■Complete items 1 and/or 2 for additional services. following atowish services-(for receivecer he 0 ■Complete items 3,4a,and 4b. • an d 1O �1 ■Print your name and address qo the reverse of this form so that we can return this eiara fee): �. o 4 card to you. o (, .(. Q sAttach • this form to the front of the mailpiece,or on the bads if space does not 1. ❑ Addressee's Address ,; d ✓ ■permit. eiir- 'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery Vl O c'� V _ c' 0 h • ■The Return Receipt will show to whom the article was delivered and the date �y ; ru > E •C o� `�0. a ' delivered. Consult postmaster for fee. i, ., af",f`#- 3.Article Addressed to: 4a.Article Number ++� c', � ,�k y a'3 I Z CioGt.�j cc E � N „ � .' ? 4b.Service Type J � � a cm m 75�:� y o cu a \'g Q •�� TR e. Ei I/'o 4' ,841• ❑ Registered 0�Certified i v c kc. \ ` N � ❑ Express Mail ❑ Insured co c N iYU2ow V O� 4 5 y®I SOk.f�j1Rt7v7/OC J�� i 1 a � ❑ Return Receipt for Merchandise ❑ COD � , lig N al a o a a •C a``1 ��•`14f lee r� �L. a3 9 9 . 7.Date of Delivery(� (° /� tO • �� ° \ -� v& ° g E t c < E Y 0/��0 11 lI U �ak! , R, a .V ` 3 ��CC 8.Addressee's Address(Only if requested cn in a° ki fn ¢ ¢ ¢ as a 0��, ed u t I q 9 5.Received t y:(Pufnt Name) co , £661.4o.1eW `008E Wi0d Sd• and fee.is paid) g ' !r~_.___.. .. _ _ . 6.Signature:;(f4ddfes�ee or Agent); +i I • , ,� i 1 t A i i Li... i i i i �_ vl WI ! i i i i l l I I I I II PS Form 3811, December 1994 - Domestic Return Receipt ', • kr) SENDER: ',also wish to receive the is y•� 33 •■Complete items 1 and/or 2 for additional services. - - \ rn • items 3,4a,and 4b. following services(for an 1 5• — ! n t- ar ■Print your name and address on the reverse of this form so that we can return this extra fee): i' a c1111 1 v . !:" card to you. I' RJ ° t ? mAttach this form to the front of the mailpiece,or on the back if space does not 1. 0 Addressee's Address Z rn c`o O m permit. m ., c ■Write'Return Receipt Requested'on the mailpiece below the article number. 2. 0 Restricted Delivery f i Ili 'a > c ` `9 ♦ m ■The Return Receipt will show to whom the article was delivered and the date C i., Q� p Consult postmaster for fee. p`2 0 Id♦ O G delivered. O`� °� k' .D .°y �rj� CISM o 3.Article Addressed to: 4a.Article Number cc 11.... �. 39 .,2�a y'o-. mom-, y .' . J .� �� . �li/�i-1/1,-/ LOc% I/Or 4b.Service Type = a c a a� o 7 ❑ Registered I CertifiedN LL 7. • V 7 f/N U z°o�' = k .' - w / • • h O S` `2�3�> ❑ Express Mail ❑ Insured y�a - LL •' • N 3// �'/ 3 �3/�o- -?').3� j 0 Return Receipt for Merchandise 0 COD c, o �.,;•-:,.),,„ \ / L ofo . o ira y O• ''' m 9 ' 4 ' - Ola ' 7.Date of e(iv , aq 'g �\ ° �� a O�Q f. d��• �Q�s /,/ / . E66 L 4oaeW `008E WJOA Sd n 5.Received w /'13 : P'I.) m 8.Addressee's Address(Only if requested c ' .�9 t and fee is paid) 6.Signature: (Addressee or Agent) Will I lit ii III II 1111111 III 11 Il IIIII PS Form 3811. December 19.4 Domestic Return Receipt . Jaann!, I.. .olbale 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 December 15, 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 No. 049, 050, and 051-1995. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in fonnal session on November 21,1995. Please file for record. Danny L. Kolbage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By: Isabel C. DeSantis ~i2)a L~i C. C~A()(\~I Deputy Clerk .' cc: Municipal Code Corporation 049-1995 & 050-1995 County Commissioners County Administrator County Attorney Planning Department, 051-1995 Marine Resources Department, 050-199.5 ;tile Z 396 282 902 ~ Receipt for . ~ Certified Mail _ No Insurance Coverage Provided ,:~m~~~, Do not use for International Mail (See Reverse) (") en Senl 10 /J / r> ~ (1)tLJJ;"U-. a/ LOC/e LOr. ~ fro-~n~j~)X c~cS? 35 :E P A-Sldle and ZIP Code o / all PL 3~UJ~-,)cJ3S o 00 M E o LL en 0.. Postage Celllfled Fee Special DellvefY F~~e Restricted Delivery Fee \ \0 tJ/<-t. #,).5: tJG/~ OS{)-/~:5 Is your RETURN ADDRESS completed on the revers. side? 'lJ !>> ~ .. . ...(J) en ~ i~~j~g~~nm d1 '---.. 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':I 0 ::l it. :io.... ~!.! lti ... 0 . ";< ~.II> Sil. arii ~~ ~ -< ! - ~ i ! - ... - ..,.. _. -- - - - - --, _. ,,-- ~ !>> d1 ><~ 3 ..-; Co) ::.:~ ~ =~ i ~ !!l _.~ i :i e I .I o ~ :f i~ :D g iJ' - .c e <0 ::E o o CD C") E CertIfied Fee o u.. en 0.. \.- C'f" ~. aR 1'1'" iii' Ii j i 'or:: "" I lA ! Special Delivery Fee Restricted Delivery Fee fJrJ, ;, O't'!, o\S'~ ps-I-/' 's. !lO ~ ~ ~ t::" ~ tijl ~ii~~~ ~ " c- tI ~ Ii'Ji~~o"''2.'2. f' ~ · ~~~ ig~~_!~ ~ ~ ~ D~ :Jl3 0" ~.~.. ~ It ~. ~ 1 I,' ~ :~~ ,,~ .. 1i~ g. c.til ... ~:t: f"" i.J1 II .- Q, , ~ '- ~ ?! i! ~ ~ [~ "" p ~" _I So ~~Q l' ~ ~ \' o~ i ~ I . ~ ~ ~ tg i ~ (.u (\ .. ill I ;i ~~~ ~ ill~~I' ~~ alii" i~ i ! ~i :0; !:T !.! .g !!l. Ii IS. :--J 0 0 0 & , i'" f ~ ! f i l' tt i II i t i:c!1 ~ J = 8 ~ i -f "I - <~@! 1 (') .-.... cJ ~ -' . .. 0 ~ ~ -tl i m I I-a ~ 0 0 ft6!. :: I ;"B II. ':":'l~ o I · i i ~ . ',i i __ 0 0' ;: ... ~ '.- i ~ ~8~i - ~~i ~~ oil '-<1 ThMk you for usint ........ ~ ....... ~ ~~'-~-,1""""-~'''''''''- .,._..~..,...... 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 December 20, 1995 Honorable Danny L. Kolhage Clerk to Board of County Commissioners Monroe County 500 Whitehead Street Key West, Florida 33040 "7 ~ -r, is c; :z .. . -- -. 2': r..-, ;;;c: :r ~ 0 ~- '-'1 :;:r;. .. . ~r' C""J " c> .-::J -.--- N ~:r~ -- 1 00 '-- _... z...... '.V :;c: . -0 ~~ N c"".: -, UI 0 -;... : ~ -:7) 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 December 15, 1995 and certified copy each of Monroe County Ordinance Nos. 95-49, 95-50, and 95-51, which were filed in this office on December 20, 1995. Sincerely, Li~C~ Bureau of Administrative Code LC/mw { ti Nt ICIFAL CODE CORPORATION FiT;l ie..6 Depar tre,t , Tallahassee, Fl 32 +� k4IJAPOSTAGE 316 �235 JAN15'96 m4✓4.i 4 ^/ ISupplement 52 L�zt$'� 91/15/96 ��A' PB.as�zia We h3,e received the folloving material. ''`+' ;-ou for your a:5lstanre and to perat,on • • '71r1ir.ince Nos, 049-1995, 059-1995 and TO: Ns, Isabel C. DeSantis Depul:y Clerk Monroe County PG Fox 1980 Key West, FL 33040 -290_ 62-COIE fNitic ln • Send your ordinances to o; Visit our hone page at htt4., 7ie SEPlVING THE UPP8P1 K.VS FOR OYER 20 YEARS DAGNY WOLPP Bdltor I: Publllber BOX 1197 . TAVERNIER, FLA. 33070 (305) 862-3218 FAX 852-8248 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 _ 11/16/95. 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 pericx:l 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. s:!6;;~ swo~:Jo ANO')luBSCRIBEn:BEFORE ME TIllS _16TH DAY OF __NOVEMBER_ A.D. , 1995__ 1"""\ 0- ,..: z ; :::0 - I .- - , c.:l L I..LJ ::J c::J L'. ~ , ~ ~ z -< ::> I... ;.: d;~~ /J A2~ NOTARY PUBLIC MY COMMISSION DAVEE R DOVE My Comrnl.eion CC431876 * ExpIree Feb. 05, 1999 Bonded by ANa ,r-:", uF fl~'/.~" 800-852-5676 . , . . .. • . . . . . 1 . . ----,-------- . -- -- NOTICE OF INTENTION TO CONSIDER ,. . ; • . NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN • that on Tuesday,November 21,1995,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, 1 intends to consider the adoption of the following County ordinance: ,I. . . . ORDINANCE NO. 1995 , AN ORDINANCE CREATING ABOATING RESTRICTED AREA- . (SLOW SPEED/MINIMUM WAKE ZONE) FOR SNAKE CREEK, • LOCATED BETWEEN WlisIDLEY KEY AND PLANTATION KEY; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION HARMLESS FROM ANY LIA- BILITY INCURRED FROM THE NEGLIGENT POSTING OF BOAT- ING RESTRICTED MARKERS;PROVIDING FOR PENALTIES FOR VIOLATIONS;PROVIDING FOR EXEMPTIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR INCORPORATION 11 • ,, 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 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 23rd day of October,1995. _ . DANNY L.KOLHAGE • •. Clerk of the Circuit Court , . _ and ex officio Clerk of the ' _ , i3oard of County Commissioners • • • • of Monroe County,Florida . . - Published:11/2 and 11/16/95 - • . • . •. _ . The Reporter . • • . *. Tavernier,FL 33070 , • . . . _.___ __ . ' - • • . _ . ...-_ . _____ •- , . . . . - . .. .._ . .. IS .J ~.---6 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 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 . ( in the matter of --.f\Jb~\"C.e.. c.A! 4.h1.~", ':t"o 1'""'1 CC)~ i'"( C> l"d \ 'f' A.V\ co-<=- (boev\.\~~ "R~~n'c.. {~d A (~o-.. in the "l c... court, was published in said newspaper in the issues of ()<:.~b~ r ~ 9. ~ Y\)o V-e,w-. 6 ~ (" \ ~ I \ Ct-'V; Affiant further says that the said The Key West Citizen is a newspaper published at Key West, in s;3.id 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. Sworn to and subscribed before me thi~ , 1995 i'-'-:."":"'-~~~'",$im~~--J}!:qtary Public) L-~~t:~\::<,;:\ MV ,~~;~~i~,~\ yt;Y, ~.; ~~:;;r~~~,~.~I~~ !~ ~ . !'''''S.'i'''J'''~. me of No#"'ry Public) '. '-. 0'"1".,, n"'I."._"OJ .. _. c ~ vJ m?f'. ~, '",...;,.' ,.b..de ),1111 la n'"u~v .'.'.J..'''.l\..~!' E ' .- " --, ,......", ~,. II xplres' . -~=-o;;--...-..--: . --.--- ..-----1 personall/K own ~or Produced Identification -. - Type of Identification Produced a. NOTICE OF INTENTION TO CON- SIDER ADOPTION OF A COUNTY, • ORDINANCE ' NOTICE IS__HEREBY GIVEN TO WHOM IT MAY CONCERN that on , Tuesday, November 21, 1995, 'at-' 10:00 a.m. at the Key Lego'Library, . Tradewinds Shopping Center, Key Largo,"Monroe County, Florida, the ' Board of County Commissioners of ° Monroe County, Florida, intends to consider the following County ordi- nance: ORDINANCE NO.-1995 AN ORDINANCE CREATING A BOATING RESTRICTED AREA • (SLOW SPEED/MINIMUM WAKE ZONE)FOR SNAKE CREEK,-LO- • 'GATED BETWEEN WINDLEY KEY AND PLANTATION KEY;PROVID- ING FOR DEFINITIONS;PROVID- ING THAT MONROE COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF ENVIRONMEN- TAL PROTECTION HMLESS FROM ANY LIABILITY INCURRED FROM THE NEGLIGENT POSTING , OF BOATING RESTRICTED MARK- VERS;PROVIDING FOR PENALTIES FOR VIOLATIONS;PROVIDING FOR EXEMPTIONS;PROVIDING FOR SEVERABILITY;PROVIDING. FOR THE REPEAL OF ALL ORDI- NANCES INCONSISTENT HERE- WITH;PROVIDING FOR INCORPO- I RATION INTO THE MONROE COUNTY CODE OF ORDINANCES; i AND PROVIDING AN EFFECTIVE DATE. I Pursuant to Section 286.0105, Flor- ida Statutes, notice is given that if a person decided to appeal any deci- sion 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 en- sure that a verbatim record of.the proceedings is made; which record includes the testimony and evidence upon which the appeal is to be bed. Copiesas of the above-referenced'Or- dinance are available for review at the various public libraries in Monroe I County,Florida. - DATED at Key West, Florida, this 23rd day of October, 1995.. DANNY L.KOLHAGE' -, Clerk of the Circuit Court and ex offico Clerk of the Board of County Commissioners of Monroe County,Florida October 29th & November 12th, 1995 • / . PROOF OF PUBLICATION - T • fi .. THE FLORIDA KEYS KEYNOTER • • Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) • r,. Tom Schumaker Before the undersigned.authority personally appeared_ _ ___ �� Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHO - in MONROE COUNTY, FLORIDA; that the attached copy of_advertisement, being_Notice Of Intention Consider Adoption of County Ordinance IN THE MATTER OF: See Attached • in th ___. ____________w___ Court was published in said newspaper in the issues o no.8860000 • November 4, 18, 1995 M__ NOTICE OF INTENTION --• ��~_ TO CONSIDER ADOPTION OF COUNTY ORDINANCE • NOTICE IS HEREBY-GIVEN TO Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper onH°M TuuesdaMAY y, CONCERN that 1995,at 10:00'a.m.at the Key at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- Largo Library,Tradewinds Shop- ping Center,Key Largo,Monroe paper has heretofore been continuously published in said MONROE COUN- County, Florida, the Board of County Commissioners of Mon- roe County, Florida, intends to TY. FLORIDA, twice each week (on Wednesday and Saturday) and has been consider the adoption of the fol- lowing County ordinance: entered as second class mail matter at the post office in MARATHON, in ORDINANCENO._ -1995 said MONROE COUNTY, FLORIDA. for a period of one year next preceding BOATN NG TI'RESTRICTED AREANANCE CREATING A (SLOW SPEED/MINIMUM the first publication of the attached.copy of advertisement; and affiant fur- SNAKE .CWAKE REEK, LOCATEDONE) BETWEEN ther says that he has neither paid nor promised any person, firm, or corpo- I LANTA- WON LEY KEY; PROVIDINKEY AND G FOR DEFINITIONS• PROVIDING ration any discount, rebate, commission or refund for the purpose of secur- THAT .MONROE Y AGREES TO HOLD THE CO TY ing this advertisement for publication in the said newspaper.(SEAL) DEPARTMENT OF ENVIRON- MENTAL PROTECTION HARM- LESS FROM ANY LIABILITY IN- -CURRED FROM THE NEGLI- GENT POSTING OF BOATING RESTRICTED.MARKERS; PRO VIDING FOR PENALTIES FOR VI- OLATIONS;PROVIDING FOR EX- EMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING t..4 ORDI- NANCES' FOR THE REPEAL OF NCONSISTENT HERE- WITH;--�� PROVIDING FOR INCOR- PORATION INTO THE MONROE COUNTY CODE Of ORDI- MICHEAL R.FORRFST R. NANCES;AND PROVIDING AN fg..1.7 EFFECTIVE DATE." 4 o My Comm Exp. 1/03/99 Pursuant to Section 286.0108, (seal) w WAR d,_Bonded By Servide Florida Statutes,•notice is given w BUBLIC that if a person decided to appeal No. CC431 a any decision made by the Board Pet3andly lfinotva melds • with respect t way matter co - siered at such hearings or meet- ings,he will need a record of the SWORN TO AND S SCRIBED BEFORE ME THIS 18th proceedings, end that, for such purpose,he may need to ensure that a verbatim record of the pro- ceedings is made,which record includes the testimony and evi- dence upon which the appeal is to be based. November A.D. 19 95 • Copiesr of are evaioblefo�e�w DAY OF _____� at the various public libraries in • Monroe County,Florida. �fy//�� /1 'DATED at Key West,Florida,this ---.16(11 = -k--+`- S 23rd day of D Y 1996. LKcOL AGE-- Clerk of the and ex officio Cleric of the I Board of County Commissioners of Monroe'County,Florida ' I i Publish:November 4,18,199B R Florida Keys Keynoter NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday. November 21. 1995. 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: ORDINANCE NO. -1995 AN ORDINANCE CREATING A BOATING RESTRICTED AREA (SLOW SPEED/MINIMUM WAKE ZONE) FOR SNAKE CREEK. LOCATED BETWEEN WINDLEY KEY AND PLANTATION KEY; 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 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 23th day of October, 1995, DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) .. NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday. November 21. 1995. 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: ORDINANCE NO. -1995 AN ORDINANCE CREATING A BOATING RESTRICTED AREA (SLOW SPEED/MINIMUM WAKE ZONE) FOR SNAKE CREEK. LOCATED BETWEEN WINDLEY KEY AND PLANTATION KEY; 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 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 23th day of October. 1995. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County. Florida (SEAL) ~ 0' ( ORDINANCE NO. -1995 AN ORDINANCE CREATING A BOATING RESTRICTED AREA (SLOW SPEEDfMINIMUM WAKE ZONE) FOR SNAKE CREEK, LOCATED BETWEEN WINDLEY KEY AND PLANTATION KEY; 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 of Snake Creek, as described in Exhibit A, is a common route for numerous boaters, creating a dangerous situation where boats move at high speeds in a limited space; 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 (slow speed/minimum 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) "Slow speed/minimum wake" means that a vessel must be fully off plane and completely settled into the water. It must not proceed at a 1 .' speed greater than that speed which is reasonable and prudent to avoid the creation of an excessive wake or other hazardous condition under the existing circumstances. A vessel that is: 1) operating on a plane IS not proceeding at slow speed/minimum wake; 2) in the process of coming off plane and settling into the water or coming up onto plane is not proceeding at slow speed/minimum wake; 3) operating at a speed that creates a wake which unreasonable or unnecessarily endangers other vessels is not proceeding at slow speed/minimum wake; 4) completely off plane and which has fully settled into the water and is proceeding without wake or with minimum wake is proceeding at slow speed/minimum wake. 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. Slow Speed/Minimum Wake Boating Restricted Area Established. No person shall operate a vessel in the Slow Speed/Minimum Wake boating restricted area at a speed ia excess of slow speed minimum 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. 2 l_ _ (, .- Section 3. Slow Speed/Minimum Wake Markers. The Slow Speed/Minimum 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 Slow Speed/Minimum 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. 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. 3 (. 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. 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. 4 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 Slow Speed/Minimum Wake boating restricted area is approved by the necessary state and federal agencies. , .. 5 , 'I.- This ordinance establishing a slow speed/minimum wake zone for Snake Creek 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., 1994. Mayor Freeman Mayor Pro Tern London Commissioner Harvey Commissioner Douglass Commissioner Reich (SEAL) ATTEST: Danny L. Kolhage BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman EFFECTIVE DATE \ BY ~ 6 <l' ~:,/ ~\\..-: ". I/.; G ." .~ j,f ., ~.u. \: d" v, ~'" .\. ~"...... .... I U' . ".1! ~ ,,"~'-1" m.ifl '> '- ~" -" '" . /v," '" ..... / d v, '78' N 00'" ,,0 "- ~ al\ AIft -l~ f\ R AS ^' / cP ./ '<> / "'./// "., Exhibit A <0 ., '\ .:;::. 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