Ordinance 022-1993 •
Extension Service
ORDINANCE NO. VV? -1993
AN ORDINANCE CREATING A BOATING RESTRICTED AREA (IDLE
SPEED/NO WAKE) FOR THE CHANNEL BORDERING SUMMERLAND
KEY; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE
COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF NATURAL
RESOURCES HARMLESS FROM ANY LIABILITY INCURRED FROM THE
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; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the area of navigable waters near Summerland Key as described in
Exhibit A is a common route for boaters and frequented by swimmers, creating a
dangerous situation to the public swimming in this area; and
WHEREAS, in order to protect the public health and safety the Board of County
Commissioners of Monroe County has determined it is necessary to create a boating
restricted area (idle speed/no wake zone) in the area described in Exhibit A; now,
therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MQNRCIE
COUNTY, FLORIDA, that: lc-- =
Fri`-. n
�J
Section 1 . Definitions.
a)` "Idle speed/no wake" means that a vessel cannot proceed at a sped,
_ Z)
greater than that speed which is necessary to maintain steerageway.
b) "Vessel" is synonymous with boat as referenced in Art. 7, Sec. 1 (b),
Ha. 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 bounded by the area described in Exhibit
A. A map reflecting the boundaries of the boating restricted area shall be available
at the County Cooperative Extension Office.
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 Natural Resources (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, 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 sic;n 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
3
. •
of commission of the infraction. Such admission shall not be used as evidence in any
other proceedings.
e) Any person electing to appear before the county court or who is required
so to appear shall be deemed to have waived the limitations on the civil penalty
specified in subsection (a). The county court, after a hearing, shall make a
determination as to whether an infraction has been committed. If the commission of
an infraction has been proven, the county 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 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
4
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 described in Exhibit A is approved by the necessary state and federal
agencies.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 6th day of
July , A.D., 1993.
Mayor London yes
Mayor Pro Tern Cheal yes
Commissioner Harvey yes
yes
Commissioner Freeman
yes
Commissioner Reich
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By Cl
Deputy Clerl Mayor/Chairman
EFFECTIVE DATE
APPROVED AS TO FORM
D LEGAL St? 1
By
5 Atter y's
Date S—
•
•
EXHIBIT A
GEOGRAPHICAL DESCRIPTION OF SUMMERLAND COVE
IDLE SPEED/NO WAKE BOATING RESTRICTED AREA
A description of the SUMMERLAND COVE Idle Speed/No Wake boating restricted area, with
latitudes and longitudes and a corresponding chart depicting area to be included in the Idle
Speed/No Wake boating restricted area is contained herein. The Idle Speed/No Wake Zone
signs will be placed at the boundary points labeled 1-9 with signage facing oncoming boaters
within the affected channel. Points 0 and 10 are adjacent a seawall to mark the western and
eastern edges of the boating restricted area which extends seaward from the adjacent
seawalls to the line interconnecting points 1-9. The boating restricted area generally runs,
from west to east, going southeasterly from points 1 to 4, then south-southeasterly to point
5, then southwesterly to point 6, then south-southeasterly to points 7, 8 and 9.
Boundary North West Distance from Direction from Distance
Point Latitude Longitude Previous Point Previous Point to Seawall
0 24° 39.41' 81° 27.21 ' n/a n/a at seawall
1 24° 39.40' 81° 27.21' 50 feet south 50 feet
2 24° 39.37' 81° 27.03' 1000 feet southeast 50 feet
3 24° 39.31' 81° 26.90' 1000 feet southeast 150 feet
4 24° 39.17' 81° 26.76' 1200 feet southeast 100 feet
5 24° 39.12' 81° 26.65' 540 feet south-southeast 180 feet
6 24° 38.95' 81° 26.79' 1000 feet southwest 160 feet
7 24° 38.89' 81° 26.76' 600 feet south-southeast 150 feet
8 24° 38.86' 81° 26.75' 100 feet south-southeast 200 feet
9 24° 38.71 ' 81° 26.70' 880 feet south-southeast 220 feet
10 24° 38.72' 81° 26.68' 220 feet north east at seawall
•
•
PROPOSED
SUMMERLAND COVE BOATING RESTRICTED AREA
The chart below depicts the location of the "No Wake/Idle Speed" signs to be installed
along the channel bordering Summerland Cove.
SUMMERLAND KEY`MONROE COUNTY, FLORIDA
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TwE
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 2002, The Capitol, Tallahassee, Florida 32399-0250
(904) 488-8427
J w
July 21 , 1993
N
Honorable Danny L. Kolhage
Ex-Officio Clerk to the Board of
County Commissioners
Monroe County Courthouse
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 of July 17 , 1993 and
certified copies of Monroe County Ordinance Numbers 93-20,
93-21 and 'andwii9golt;aci which were received and filed in this office
on July 21 , 1993 .
Sincerely,
QICLkAS;
Liz Clou , Chief
Bureau of Administrative Code
LC/mb
ice ,
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
•
.o• _ NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, July 6, 1993 , at 3 : 00 P.M. in Courtroom "B", 500
Whitehead Street, Key West, Monroe County, Florida, the Board of
County Commissioners of Monroe County, Florida, intends to
consider the adoption of the following County ordinance:
ORDINANCE NO. -1993 •
AN ORDINANCE CREATING A BOATING RESTRICTED AREA (IDLE
SPEED/NO WAKE) FOR THE CHANNEL BORDERING SUMMERLAND
KEY; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE
COUNTY AGREES TO HOLD THE 'FLORIDA DEPARTMENT OF NATURAL
RESOURCES HARMLESS FROM ANY LIABILITY INCURRED FROM THE
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.
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
E reew 'at the various public libraries in Monroe County, Florida.
w DATED-at Key West,. Florida, this 7th day of June, 1993 .
CY-
DANNY L. KOLHAGE
CDClerk of the Circuit Court and
—' ex of f icio Clerk of the Board
CD
,
of County Commissioners of
Monroe County, Florida ,
(SEAL)
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
•
Meeting Date: MAY 26, 1993 Division: County Attorney
Bulk Item: Yes X No� Department: County Attorney
AGENDA ITEM WORDING: Approval to advertise an Ordinance creating
a boating restricted area (idle speed/no wake) for the channel
bordering Summerland Key, etc .
ITEM BACKGROUND: The area of navigable waters near Summerland
Key is a common route for boaters and frequented by swimmers
creating a dangerous situation to the public swimming in the
area.
PREVIOUS RELEVANT BOCC ACTION:
STAFF RECOMMENDATION: Recommend approval to advertise.
TOTAL COST: BUDGETED: Yes No '
Cost to County: None
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVAL:
ignature
DOCUMENTATION: Included X To Follow Not Required
Agenda Item #
DISPOSITION:
1111(
•
Extension Service
ORDINANCE NO. -1993
AN ORDINANCE CREATING A BOATING .RESTRICTED AREA (IDLE
SPEED/NO WAKE) FOR THE CHANNEL BORDERING SUMMERLAND
KEY; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE
COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF NATURAL
RESOURCES HARMLESS FROM ANY LIABILITY INCURRED FROM THE
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; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the area of navigable waters near Summerland Key as described in
Exhibit A is a common route for boaters and frequented by swimmers, creating a
dangerous situation to the public swimming in this area; and
WHEREAS, in order to protect the public health and safety the Board of County
Commissioners of Monroe County has determined it is necessary to create a boating
restricted area (idle speed/no wake zone) in the area described 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.
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,
1110
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 bounded by the area described in Exhibit
A. A map reflecting the boundaries of the boating restricted area shall be available
at the County Cooperative Extension Office.
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 Natural Resources (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, 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 sic,n 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
3
i
•
of commission of the infraction. Such admission shall not be used as evidence in any
other proceedings.
e) Any person electing to appear before the county court or who is required
so to appear shall be deemed to have waived the limitations on the civil penalty
specified in subsection (a). The county court, after a hearing, shall make a
determination as to whether an infraction has been committed. If the commission of
an infraction has been proven, the county 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 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
4
•
•
addition or amendment thereto, and shall be appropriately renumbered to conform to -
the uniform numbering system of the Code.
•o
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 described in Exhibit A is approved by the necessary state and federal
agencies.
•
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., 1993.
Mayor London
Mayor Pro Tern Cheal
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By
Deputy Clerk Mayor/Chairman
EFFECTIVE DATE
APPROVED AS TO FORM
D LE AL S I - '
By -•
5 Anon-y's
Date S— •1 _'L—�
EXHIBIT A
GEOGRAPHICAL DESCRIPTION OF SUMMERLAND COVE
IDLE SPEED/NO WAKE BOATING RESTRICTED AREA
A description of the SUMMERLAND COVE Idle Speed/No.-Wake boating restricted area, with
latitudes and longitudes and a corresponding chart depicting area to be included in the Idle
Speed/No Wake boating restricted area is contained herein. The Idle Speed/No Wake Zone
signs will be placed at the boundary points labeled 1-9 with signage facing oncoming boaters
within the affected channel. Points 0 and 10 are adjacent a seawall to mark the western and
- eastern edges of the boating restricted area which extends seaward from the adjacent
seawalls to the line interconnecting points 1-9. The boating restricted area generally runs,
from west to east, going southeasterly from points 1 to 4, then south-southeasterly to point
5, then southwesterly to point 6, then south-southeasterly to points 7, 8 and 9.
Boundary North West Distance from Direction from Distance
Point Latitude Longitude Previous Point Previous Point to Seawall
0 24° 39.41' 81° 27.21' n/a n/a at seawall
1 24° 39.40' 81° 27.21' 50 feet south 50 feet
2 24° 39.37' 81° 27.03' 1000 feet southeast 50 feet
3 24° 39.31' 81° 26.90' 1000 feet southeast 150 feet
4 24° 39.17' 81° 26.76' 1200 feet southeast 100 feet
5 24° 39.12' 81° 26.65' 540 feet south-southeast 180 feet
6 24° 38.95' 81° 26.79' 1000 feet southwest 160 feet
7 24° 38.89' 81° 26.76' 600 feet south-southeast 150 feet
8 24° 38.86' 81° 26.75' 100 feet south-southeast 200 feet
9 24° 38.71 ' 81° 26.70' 880 feet south-southeast 220 feet
10 24° 38.72' 81° 26.68' 220 feet north east at seawall
•
. PROPOSED
SUMMERLAND COVE BOA TING RESTRICTED AREA
The chart below depicts the location of the "No Wake/Idle Speed" signs to be installed
along the channel bordering Summerland Cove.
•
••
SUMMERLAND KEY, MONROE COUNTY, FLORIDA
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The Key West Citize vq
„„ , „,„„.,-7, ,,,,,„A 4.:
Published Daily
Key West, Monroe County, Florida ,040 UN 2d4, \99.5
STATE OF FLORIDA ® 1t�
COUNTY OF MONROE:
Before the undersigned authority personally appeared Randy 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 kooks p- on -4D Cons('der Aclep66/ 041'naoc
Crux h n jc O bucc r)3 r c I ed . 4-re
in the court, was published in said newspaper in the
issues of June_ a(') P93
Affiant further says that the said)-he Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) and has been entered as second-class mail matter at the post office in
Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first
publication of the attached copy of advertisement; and affiant further says that he has
neither paid nor promised any person,firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said
newspaper.
(Signature of Affiant)
Sworn to and subscribed before me this &S day of , 1993.
��FifOrdi.,� (Sig ure of Notary Public)
SEAL !AV Cal.vgiaa0N E:C.AFJG.t-vO 25,1.Ss
TrYA. ,Ii'.!FA
yND:3011-� �_°-� � Bette J. Push
(Name of Notary Public)
Expires:
Personally.Known 2Kor Produced Identification
Type of Identification Produced
`
�
^=
� . .
`
' NOTICE OF INTENTION TO
ERADOPT0 |
~ ' ~
O� ''' ''C� oS E,8Y GIVEN TO
Tuesday, July 6,1993, at 3:00 p.m.
in Courtroom�--"B% 500 Whitehead
Florida, the Board of,County Com-
WHOM ,IT MAY CONCERN that onStreet,'Key Xest, Monroe County,
o
ORDINANCEof the following County oRlinanc
N 6RDINANCE CREATI-NG- '.�
>Oo*)/ .
/orcc","° ,
/
CHANNEL BORDER PROVIDING FOR DEFF' -
I ROE COUNTY AGREES TO HOLD-)
THE— FLORIDA- F ESOURCESf1ARM'LESS ��
) NATURAL FnoN| ANY LV\B LITY IN-'FOR EXEMPTIONS- PROVIDINGi
I CURRED FROM THE POSTING OF
ERS: PROVIDING FOR PENALTIES I
FORVIOLATIONS; PROVIDING,,
| FOR SEVEn*e ,; rnuv/u.N= �
' FOR -
REPEAL OF ALL OR0|''
< NANCES INCONSISTENT HERE-!
WITH;PROVIDING FOR INCORPO-_j
COUNTY CODE; AND PROVIDING,,
�,�EFI�ECTIVE DATE.
Pursuant to Section 286.0105,'Flor-
idd Statutes, notice is given that if aj
person decided to 'appeal any deci-1
sion made by the Board with respect
to apy matter considered at 'such,
hear ngs or meetings, he will need a'
11 record of the proceedings,'-and that,
-- ' — --'� un such purpose,/=may.need-- ' --- -- ' --- — -- —
� x�o that o verbatim mo�d of �o�
which �uu�'
( proceedings is made,
' includes i upon which the appeal is to�o |
' boaod
' Copies of the abo mmre
nance are available for review at the
various 'public libraries in -Monroe'
County,Florida.
DATED at Key West, Florida,this 7th
^ day of u""= ."~.. �
DANNYLKOLHAGE)
| Qork��oQ��Q�m
� � o�c�0 �of��^
\ ~. _-
of County Commissionerso,
~-of�o �oumy�Florida
'—' �
June 1o&uo.1990
'
. �
� ^