Ordinance 044-2003
Marine Resources
ORDINANCE NO. 044 2003
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
CREATING ARTICLE VII IN CHAPTER 5.5 OF THE
COUNTY CODE OF ORDINANCES, "BOATS, DOCKS AND
WATERWAYS," PROHffiITING DIVING AND SNORKELING
WITHIN 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 finds 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 Commissioners 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) Defmitions 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 defined 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 of the second degree.
(4) Any person charged 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) Ifhe/she has posted bond, forfeit bond by not appearing at the
designated time and location.
(5) If the person cited follows either of the above procedures, he/she shall
be deemed to have admitted the infraction and to have waived his/her
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 definitions 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 5. 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 THIS PAGE LEFT INTENTIONALL Y 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 Murray E. Nelson
Mayor Pro Tern David P. Rice
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Charles Sonny McCoy
yes
yes
yes
yes
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(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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CHIEF ~'St . WOLFE
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145
FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146
January 23, 2004
Mrs. Liz Cloud, Chief
Bureau of Administrative Code&Laws •
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 8306
Dear Mrs. Cloud,
Enclosed please find a certified copy of Ordinance No. 044-2003 creating Article VII in Chapter
5.5 of the County Code of Ordinances, "Boats, Docks and Waterways,” prohibiting diving and
snorkeling within 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on December 17, 2003. Please file for record. Should you have any
questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Co •ssioners
by:
amela G. ancock, D.C.
•
cc: Municipal Code via certified mail 7002 2030 0001 2668 8290 1 "
County Administrator w/o document Sheriff's Office
Growth Management Police Department
County Attorney Fish&Wildlife Commission
BOCC File
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 t 2003.
Mayor Murray E.Nelson yes
Mayor Pro Tem David P. Rice yes
Commissioner Dixie Spehar yes
=J' Commissioner George Neugent yes
Commissioner Charles Sonny McCoy yes
L.-iol {J
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ATTEST:f''" DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY "i By
Deputy erk Mayor/Chairman
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MONROE COUNTY ATTORNEY
AP ROV AST FORM:
CHIEF R E .WOLFE
Date IST i T C. UtSY ATTORNEY
SENDER: COMPLETE THIS SECTION
COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. sig atyt_l.,, p t
�i-iFtUfE PENT®N ❑Agent
item 4 if Restricted Delivery is desired. �, , ❑ d:r�ssee
• Print your name and address on the reverse NE PA a •".� .' ' ��- =-
so that we can return the card to you. B. Received by(Printed Name)' ri J e..e i. elivery
• Attach this card to the back of the mailpiece,
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or on the front if space permits.
D. Is delivery address different from item 1? 0 Yet
1. Article Addressed to: If YES,enter delivery address below: 0 No
Department of State
Bureau of Administrative Code
The Collins Building
107 West Gaines Street, Suite L43 3. Service Type •
Tallahassee, Florida 32i 99-0250 XNI Certified Mail ❑Express Mail
0 Registered 0 Return Receipt for Merchandise
(Ordinance No. 044-2003) El Insured Mail ❑C.O.D.
1 4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7002 2030 0001 2668 83�Ei
(Transfer from service label)
102595-02-M-1540,
PS Form 381' U.S. Postal Service,.
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAJ<(305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAJ< (305) 295-3663
January 23, 2004
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAJ< (305) 852-7146
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 8306
Dear Mrs. Cloud,
Enclosed please find a certified copy of Ordinance No. 044-2003 creating Article VII in Chapter
5.5 of the County Code of Ordinances, "Boats, Docks and Waterways," prohibiting diving and
snorkeling within 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on December 17, 2003. Please file for record. Should you have any
questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County C~
bY~~
amela G.1fancock, D. C.
cc: Municipal Code via certified mail 7002 2030 0001 2668 8290
County Administrator w/o document Sheriff's Office
Growth Management Police Department
County Attorney Fish & Wildlife Commission
BOCC File
i� ,
i ,,
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete
item 4 if Restricted Delivery is desired. Q� r�amy�� '❑Agent
■ Print your name and address on the reverse `. /1 -'\ ❑Addressee
so that we can return the card to you. . eived by(Printed ame) C. ate of Delivery
■ Attach this card to the back of the mailpiece, / p
or on the front if space permits. I ( /S' • (%4" ! '2i 4
D. Is delivery address different from item 1 O Y
1. Article Addressed to: If YES,enter delivery address below: 0 No
i ufiiaipal Code Corporation
P. b, Box 2235 -
. Tallahassee, FL 32316-2235
Ordinance No. i044-2003 3. Service Type
MICertified Mail Cl Express Mail
0 Registered 0 Return Receipt for Merchandise
• 0 Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number
(Transferfroril'service label) 7 0 p 2 2030 0 0 01 2 6 6 8 A210,
PS Form 3811
U.S. Postal ServiceTM I
102595-02-M-1540
i c, CERTIFIED MAILTM RECEIPT
ir
ru (Domestic Mail Only;No Insurance Coverage Provided)
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For delivery information visit our website at www.usps.coma
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• Postage $—13
( �: �\' Cic) ,
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or PO Box No. Tallahassee, FL 32316-2235
1 City,'State,ZIP+4
PS Form 3800,June 2002 See Reverse for Instructions
---
EmaiI Confirmation
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316-2235
850-576-3171
~u,nl~.com
Monroe County, FL Code of Ordinances -1979(11270)
Supplement 83
Recorded: 1/27/200411:19:40AM
We have received the following material through Hard Copy.
Document Adoption Description
Ordinance No. 044-2003 12/17/2003 Creating Art. VII, in Chap, 5.5, Boats, Docks and
Waterways.
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.
STATE OF FLORIDA
DEPARTMENT OF STATE
JEB BUSH
Governor
GLENDA E. HOOD
Secretary of State
February 4,2004
Honorable Danny L. Kolhage
Clerk of the 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
receipt of your letter dated January 23 and 27, 2004 and certified copies of Monroe
County Ordinance Nos. 044-2003 and 049-2003, which were filed in this office on
February 2, 2004.
Sincerel~, ~
L~
Program Administrator
LC/mp
BUREAU OF ADMINISTRATIVE CODE. DIVISION OF ELECTIONS
The Collins Building, Room L43 . 107 W. Gaines Street. Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 . Facsimile: (850) 245-6282 . WWW: http://www.dos.state.tl.us
E-Mail: DivElections@mail.dos.state.jl.us