Ordinance 010-1994 Commissioner Mary Kay Reich
ORDINANCE NO. 010 . -1994
AN ORDINANCE CREATING A BOATING RESTRICTED AREA (IDLE
SPEED/NO WAKE ZONE) FOR THE NEAR SHORE WATERS ADJACENT
TO THE OCEAN REEF COMMUNITY, KEY LARGO; PROVIDING FOR
DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES TO
HOLD THE FLORIDA DEPARTMENT OF NATURAL RESOURCES
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 near the Ocean Ref
%.d --
Community/Key Largo, as described in Exhibit A, is common roiie
CD
for numerous boaters, creating a dangerous situati3'ix:-iwhernboats
move at higher speeds ; and z- •
WHEREAS, in order to protect the public health and afetT
o
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 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) , F1a.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 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 Divi-
sion 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 .
•
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 applica-
ble 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
3
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 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.
4
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 .
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 May , A.D. , 1994 .
Mayor London yes ,
Mayor Pro Tem Cheal yes
Commissioner Harvey yes
Commissioner Freeman yes
Commissioner Reich yes
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MO 0 COUNTY,_,_FLORIDA
Co. 1 f :.
ByBy
Deputy Cl k Mayor airman
EFFECTIVE DATE
viinowake
APPROVED AS TO F^!?r.4
AND LEG" :cr.. i r"r�
By _ - -w-
Date -1 .
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EXHIBIT "A" ----
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Alannp IL. 1aotljage
BRANCH OFFICE CLERK OF THE CIRCUIT-COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305) 852-7145
TEL. (305) 292-3550
June, 1, 1994
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, FL 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 010-1994, creating a
boating restricted area (idle speed/no wake zone) for the near shore waters adjacent to
the Ocean Reef Community,Key Largo; Providing for definitions; Providing that
Monroe County agrees to hold the Florida Department of Natural Resources harmless
from any liability incurred from the negligent posting of boating restricted markers;
Providing for penalties for violations; etc.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting in formal session on May 17, 1994. 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
QOLL c . klvyliyuto)
Deputy Clerk
cc: Municipal Code Corporation
Florida Department of Environmental Protection
Monroe County Sheriff's Office
Florida Marine Patrol
County Administrator
County Attorney
County Commission
File
2
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•o SENDER: • .
'a • Complete items 1 and/or 2 for additional services. I also wish to receive the
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FLORIDA DEPARTMENT OF STATE
Jim Smith, Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
Tallahassee, Florida 32399-0250
(904) 488-8427
June 3 , 1994
Honorable Danny L. Kolhage
Clerk of the Circuit Court
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 June 1 1994 and certified
copy of Monroe County Ordinance No. 94-10 , which was received
and filed in this office on June 3 , 1994 .
Sincerely,
0.1.0t/JAR
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Liz Cloud, Chief
Bureau of Administrative Code
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM ITMAY CONCERN that on Wednesday,April20,1994,at 10: M.at the Holidaylnn Beachside,
•. ' 11111174
3841 Ne.Roosevelt Boulevard,.Key West, a, roe County,Florida, the•
Board of County Commissioners of Monroe County,Florida,intends to.
consider the adoption of the following County ordinance:
ORDINANCE NO. 1994
AN ORDINANCE CREATING A BOATING RESTRICTEDAPEA
(IDLE SPEED/NO WAKE ZONE)FOR THE NEAR SHORE WATERS N
ADJACENT TO THE OCEAN REEF COMIMUNITTY;KEY LARGO;
E��I COUNITY AGFREEs R TO HOLID LATHE FLORIDA DEPARTME TR OF NATURAL RESOURCES HARMLESS FROM ANY LIABILITY IN-
DAGNY WOLFF CURRED FROM THE NEGLIGENT POSTING OF BOATING RE-
Editor&Publisher Bf STRICTED MARKERS;PROVIDING FOR PENALTIES FOR VIOLA TIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OFALL ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR INCORPORATION '
INTO THE MONROE COUNTY CODE;AND PROVIDING AN EFFEC-
TIVE DATE.
Pursuant to Section 286.0105,Florida Statutes,notice is given that if '
PROOF OF PUBLICATION ' 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
STATE OF FLORIDA ) testimony and evidence upon which the appeal is to be based.
COUNTY OF MONROE ) - Copies of the above-referenced ordinance are available for review at
the various public libraries in Monroe County,Florida.
•
Before the undersigned authority personally appeared_D) DATED at Key West,Florida,this 28th day of March,1994,
,who on oath, says that she is_EDITOF ClerkDA of thee KOLHAGE
Circuit Court
of THE REPORTER, a weekly newspaper published at Tavern, of and ex officio Clerk of the
that the attached copy of advertisement,being a LEGAL AD' Board of County Commissioners
of Monroe County,Florida
IN THE MA'1"1ER OF_NOTICE OF INTENTION Published:3/31 and 4/7/94
IN THE Court, was published in! The•Reporter - '
Tavernier,FL 33070
newspaper in the issues of 3/31 AND 4/7/94_
Affiant further says that the said REPORTER is a newspape
at Tavernier,in said Monroe County,Florida, and that the said newspaper nas
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 firm,person, or
corporation any discount,rebate, commission or refund for the purpose of securing
this said advertisement for publication in the said newspaper.
� �} --
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'� '� i4'!� 1��� I y�.
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zi
SWORN TO AND SUBS BED BEFORE ME THIS = CO
_7TH_DAY OF_APRIL_A.D.,1994_ 00
-
-- /6.--71.._e_e_ / . 'P44..c..., ---, _
- NOTARY PUBLIC
NOTARY MEMO PTATII OZ t%ORt®A Al 6ARGe
MY COMMISSION EXPIRES`IJ CONMZESKTA[ 3PIC S PEIBRUAIII?OP,1995
BONDED TI M ARt3VS NOTA62T'SSAL1tCtiR�.iCir
•1
NOTICE F INT.ENTIONTO CON-
ut ADOPTION OF COUNTY 1 s ors Jlirs. ,x,`,,
• ORDINANCE 1 li�;,�.�ti:�rbl , KL1vVLS"C
NOTICE IS HEREBY GIVEN TO 1 's,,
• CONCERN that on 1Till! s 3".WHOM IT MAY CON c1994, at 10:00i "�
•
April 20, I ITI ' F./
Wednesday, Beachside I
A.M. at the Holiday Inn �.,
3841 N. Roosevelt Boulevard,
d Key
West, Monroe County, �7 uU��S��LC- Daily T
Board of County Commissions
intends of I'
Monroe County A/7 .:t, 1'�ozxx^oe .County, Florida 330�0
consider the adoption of the follow- I
•
ing County.ordinances:
ORDINANCE NO.-1994
AN ORDINANCE CREATING A •
', BOATING RESTRICTED AREA •
(IDLE SPEED/NO WAKE ZONE) I
FOR THE NEAR SHORE WATERS
', ADJACENT TO THE OCEAN REEF
COMMUNITY, KEY LARGO;
RO-
' VIDING FOR DEFINITIONS; PRO-
•
' VIDING THAT MONROE COUNTY
AGREES TO HOLD THE FLORIDA led authority personally appeared Randy Erickson, who on oath,
DEPARTMENT OF NATURAL RE-
' SU g Manager of The Key West Citizen, a daily newspaper published
ALOIABILIETY HARMLESS FROM At\l‘(INCURRED FROM THE Iounty, Florida; that the attached Copy of the advertisement, being
NEGLIGNET POSTING OF BOAT- •
ING RESTRICTED MARKERS; i
PROVIDING FOR PENALTIES F.OR lia! nQ ` f/I ,,^ /� /1���a, *
VIOLATIONS ; ' PROVIDING FOR " ' Cjr T 1 1 1C J.; Vt /=J
' EXEMPTIONS; PROVIDING FOR
i SEVERABILITY; PROVIDING FOR �f� r�u11
REPEAL OF ALL ORDINANCES IN-
' CONSISTENT HEREWITH;
•
VIDING FOR INCORPORATON IN 'i Cowl, was published in said nCWSpapel in the
TO THE MONROE COUNTY CODE;AND' PROVDING AN EFFECTIVE r
PATE. v2 p
Pursuant to Section 286.0106 a Flor-if a I rI I 9V
•
Ida Statutes, notice is given
person decided to appeal any deci-
• sion made by the Board with respect
to any matter considered at'such hearing or meeting, he will need a the said The Key West Citizen is a newspaper published at Key
' record of the proceedings, and that, lily, Florida, and•that the said newspaper has heretofore been
for such purpose,he may need to en-
sure that a verbatim record of the ';aid Monroe County, Florida, each day (except Saturdays and
proceedings is made, which record
includes the testimony and evidence ; been entered as second-class mail matter at the post office in
upon which the appeal is to be County, Florida, for a period of 1 year next preceding the first
based. advertisement;of adverliseent; and afiiant further says that he has
Copies of the above-referenced ordi
nance are available for review at the
' various public libraries in Monroe 'ny person, flrnl.Orcorporation any discount, rebate, commission
County,Florida.
Dated at Key Key
West, Florida this.28th; of securing this advertisement ,for publication. in the said
day of March, 1994.
DANNY L.KOLHAGE.
Clerk of the Circuit Court
i and ex officio Clerk of•the
' Board of County Commissioners
• of Monroe County,Florida
March 31, 1994421-7\-------'
(Signature of Affiant)
' April 7, 1994_ ._
•
da �
Sworn to and subscribed before me this /C Y of a , 1994-
•
.
,1',,,,, NAht
Alin.
a Notary Public)
¢' ,I MY COMMISSION l!CC 354124
EXPIRES:March 9,1998 '
,44c ;°:` Bonded Thru Notary Public Underwriters
. . �" �"" ' ante o Notary Public)
Expires: /0',,A •
.
Personally Known _ or Produced identification •
Type of Identification Produced •
f. PROOF OF PUBLICATION
. THE FLORIDA KEYS KEYNOTER
Published Twice Weerd113ED FOR RECORD
MARATHON, MONROE COUNTY, FLORIDA
'94 i1AY 23 P 2 :13
STATE OF FLORIDA )
COUNTY OF MONROE) DANNY '
UK. CIf . CI.
MONROE COUNTY. F L I.
Before the undersigned authority personally appeared MARY LOU SOLLBERGER who on oath, says that she is
FINANCIAL DIRECTOR of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
in MONROE COUNTY, FLORIDA;
that the attached copy of advertisement, being a NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY
ORDINANCE
IN THE MATTER OF AN ORDINANCE CREATING A BOATING RESTRICTED AREA
no.0933400
was published in said newspaper in the issues of APRIL 2 & 9, 1994 TNOTICE
O CONSIDER ADOPTIION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY-CONCERN that 1
Alliant further says that the said FLORIDA KEYS KEYNOTER is a news- I on 000 A.M.Wednesdayat April
Holiday In,
Beachside, 3841 N. Roosevelt
paper at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said i BoCounty,`dFlorida.vthetBoa Monroe
County Commissioners of Mon-
roenewspaper has heretofore been continuously published in said MONROE considCountyer
Florida,a intends to
consider the adoption of the fol-
lowing County ordinance:
COUNTY, FLORIDA, twice each week (on Wednesday and Saturday) and has ORDINANCE NO. 1994 !
been entered as second class mail matter at the post office in MARATHON, AN ORDINANCE CREATING A
BOATING RESTRICTED AREA
(IDLE SPEED NO`WAKE ZONE)
in said MONROE COUNTY, FLORIDA, for a period of one year next preceding FOR THE NEAR,SHORE WA-
TERS ADJACENT 70` THE
the first publication of the attached copy of advertisement; and affiant fur- OCEAN REEF
PROVIDING FOR
DEFINITIONS; PROVIDING
THAT MONROE COUNTY
ther says that she has neither paid nor promised any person, firm, or cor- AGREES TO HOLD THE FLORIDA •
,DEPARTMENT OF- NATURAL
RESOURES HARMLESS FROM
poration any discount, rebate, commission or refund for the purpose of ANY . LIABILITY. INCURRED
FROM THE NEGLIGENT securing .POST-
INGthis advertisement forpublication in the said news a er. SEAL ING OF BOATING-VIDIN RIGTEb
P P ( ) MARKERS PROVIDING RESTRICTED
PENALTIES FOR_VIOLATIONS•
PROVIDING-FOR EXEMPTIONS;'
_ • -PROVIDING FOR SEVERABILI-
TY-PROVIDING FOR REPEAL OF
• ALL ORDINANCES INCONSIS-
FORT INCORPORATION__PROVIDING
THE MONROE;,COUNTY CODE_;
AND PROVIDING AN EFFECTIVE`
DATE.
-
Pursuant to Section 286.0105;
7.Y)_
Florida-Statutes, notice is given
that if a person decided to appeall
4 Ya(__,
any decision madebytheBoard n with r st at-sucho ying or con-
that sidered, ilneed'hearing d meate
ing,he will a record of-the
proceedings, and 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.
SWORN TO •ND SUBSCRIBED B ME THIS 22ND DAY OF APRIL A.D. 1994 ' Copies of the above-referenced
' v ordinance are available for review
at the various public libraries
Monroe County,Florida:
DATED at Key West,Florida,this
28TH day of March,1994. , ::
6 ' DANNY L.KOLHAGE1
Clerk'•of the Circuit Court)
and ex.officio Clerk of the!
Board of County
rooe County.Flor da
v�/�J—r�I �L E�TQpJ II FloridaKeysK a oter89 �r
yO
boy Comm Exp. 5/27/97 4•Q nded i?y Service Ins No. CC290087
I I PersontY.y Known I I Olher I.a
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Wednesday, April 20 , 1994, at 10: 00 A.M. at the Holiday _pm
Beachside, 3841 N. Roosevelt Boulevard, Key West, Ionroe xCourity71 ,
Florida, the Board of County Commissioners of 1�Ib goe ourEy,
Florida, intends to consider the adoption of the fo .lowing, Co2ty
ordinance: - = =�
rn
ORDINANCE NO. -1994 - ��-
AN ORDINANCE CREATING A BOATING RESTRICTED AREA (IDLE
SPEED/NO WAKE ZONE) FOR THE NEAR SHORE WATERS ADJACENT
TO THE OCEAN REEF COMMUNITY, KEY LARGO; PROVIDING FOR
DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES TO
HOLD THE FLORIDA DEPARTMENT OF NATURAL RESOURCES
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.
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 28th day of March 1994.
LANNY L. KOLHAGE
Clerk of the Circuit Court and
ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
(SEAL)
%
H'
Commissioner Mary Kay Reich
ORDINANCE NO. -1994
AN ORDINANCE CREATING A BOATING RESTRICTED AREA (IDLE
SPEED/NO WAKE ZONE) FOR THE NEAR SHORE WATERS ADJACENT
TO THE OCEAN REEF COMMUNITY, KEY LARGO; PROVIDING FOR
DEFINITIONS; PROVIDING ' .THAT • MONROE COUNTY AGREES TO
HOLD THE FLORIDA DEPARTMENT OF NATURAL RESOURCES
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 near the Ocean Reef
Community/Key Largo, as described in Exhibit A, is a common route
for numerous boaters, creating a dangerous situation when boats
move at higher speeds ; 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 described in Exhibit Al 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
_J
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, 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 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 Divi-
sion 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, 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 applica-
ble 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
3
ti
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 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.
4
~ J
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 .
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 London
Mayor Pro Tem Cheal
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By Deputy Clerk By Mayor/Chairman
EFFECTIVE DATE
vi inowake APPROVED AS T^F^"•"•?
- AND LEG ' r''""
Daft) .
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