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Ordinance 028-1994 Community Services Division ORDINANCE NO.028 -1994 AN ORDINANCE CREATING A BOATING RESTRICTED AREA (IDLE SPEED/NO WAKE ZONE) FOR THE SOUTH SIDE OF KEY WEST AND., RIVIERA CANAL; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE DEPARTMENT OF ENVIRONMENTAL PROTECTION 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 ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE INCORPORATION OF THIS ORDINANCE INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the area of navigable waters near Key West 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 Count Commissioners of Monroe County has determined that it is necessary todc_reate a4oatikig. n restricted area(idle speed/no wake zone) in the area described in Exhibit A; now;_therefog., BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONS 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, airboat, 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 Office of the Marine Projects Coordinator-Community Services Division. 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, Idle Speed/No Wake Boating Restricted Area Established As a condition for the issuance of a permit from the Division of Law Enforcement of the Department of Environmental Protection (hereinafter "Department" ) for the Idle/Speed/No Wake boating restricted area described in Exhibit A, the County hereby consents and agrees to hold the Department harmless from fault with respect to any claim or claims arising from alleged negligence in the placement, maintenance or operation of the Department approved markers. The Mayor is authorized to sign and execute an agreement to that effect with theIDepartment 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, shall be cited to appear before the county court. Citations shall be issued pursuant to Sec. 327.74, Fla. Stat. (uniform boating citations) by any law enforcement agency authorized to issue such citations. The civil penalty for any such infraction is $35, except as otherwise provided in this section. b) Any person cited for an infraction under this section may: 1. Post a bond, which shall be equal in amount to the applicable civil. penalty, or 2. Sign and accept a citation indicating a promise to appear. The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty. c) Any person who willfully ,refuses to post a bond or accept and sign a summons is guilty of a misdemeanor of the second degree. d) Any person charged with a noncriminal infraction under this section may: 1) Pay the civil penalty, either by mail or in person within 10 days of the date of receiving the citation, or 2) If he has posted bond, forfeit bond by not ti 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 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 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 7r If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 8, All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 9, The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 10, A copy of this Ordinance shall be filed with the Secretary of State, State of Florida, but shall not take effect until the Idle Speed/No Wake boating restricted area 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 20th day of October , A.D. 1994 Mayor London absent Mayor Pro Tem Cheal yes Commissioner Harvey yes Commissioner Freeman yes Commissioner Reich yes (Seal) Attest: Danny L. Kolhage, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ,__ t BY: �G� �% �- 2 C Depu Cle z�3 Mayorkehadamanc Pro Tem Effective Date APPROVED AS FORM `! By // Rf;igrnsys( 1,i c l_l 'i . • • J U U cn 11 ` 3L • 1 , / 4-. �3-W..INUN5 d , o iiii �: . . , O { \ • . • - \\A" o • • S:, `,t . ,k . 1 , k \1kk/ 1A • .. l Ce Z s‘3 1) ;. . • Li �S. ,p` . O .. i ^ ( ti- . . 4 (J e ' 1' 4 d J . X3* 9iV1Wald O ''r. O • S • .6.- , •� FLORIDA COUNTY ORDINANCE DATA REl"Ri VAL SYS I tM •..• CODRS CODING FORM _ _. _ Instructions: Florida's Department of State, Bureau of Administrative Code has developed the County Ordinance Data Retrieval System (COORS) to facilitate the • tracking of County ordinances in Florida's 67 Counties. CODRS' data base is • composed of over 25,000 county ordinances enacted since 1974. We request your cooperation in completing this coding form. It is to be completed . whenever your county enacts a new ordinance. Simply complete this form and . include it with other pertinent ordinance information that is submitted to the Bureau . of Administrative Code. • To code this form properly, please refer to the"keyfields" description sheet that has been given to your County Attorney's Office. If you do not have this sheet please contact the Bureau. We will be happy to fax one to you for referencing purposes. Please fill out this form as completely as is possible. Thank you for your assistance. Should you need further assistance please contact the Bureau of Administrative Code, Department of State at (904)-488-8427 or Suncom 278-8427. - - •COUNTY (N�NRQE _ ) • • COUNTY ORDINANCE# (ma.139 ) PRIMARY.KEYF1ELD DESCRIPTOR. ( NO WAIO; )_ __SECONDARY KEYFIELD DAIPTOR. — — _ _ OThER KEYF1EL.D ` +— PTOR _. = — DE3CRt — ORDINANCE DESCRIPTIONS(NO WEST _ ... ; (2S eharactaas maximum Including spae.$) ORD NAI'CTS AMENDED' (List b.tow tl»ordtrnanoss that aro atrwndsd by t .this Ngisbtklofl.It m* than two,'Bal t .most:r nt two} AMENDMENT # 1:( _ ---), 'AMENDMENT # 2-:( ) ORDINANCES REPEALED' (List bstow hu ordlnanoss that a»rspsalod by this Isgaslatfon.} REPEAL.# 1 ( ,.•_;); REPEAL# 3 ( ._ ); REPEAL# 2'..(---— _ _: ;), REPEAL# 4 (.:- )::: (Othorr r.poalod:Ilst all that apply): t O�use owt_Y) COUi.NTY CODE NUMBER (_ ) -. KEYFIELD 2 CODE: ( .) KEYFIELDI CODE: (_, ___._. !_) — _— KEYFIELD 3 CODE: ( _— --_ -•_) fwd.ow" souror).�`P,� / V1f CUIO` er 4 ° OUN1 31Dannp I.. 3aoUjage 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 November 4, 1994 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, Fl. 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of Monroe County Ordinance No. 028-1994, creating a Boating Restricted Area (idle speed/no wake zone) for the south side of Key West and Riviera Canal; providing for definitions; providing that Monroe County agrees to hold the Department of Environmental Protection 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 ordinances inconsistent herewith;providing for the incorporation of this ordinance into the Monroe County Code of Ordinances; and providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session. on October 20, 1994. Please file for record. Sincerely, Danny L.Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners P 891 255 129 P 891 255 131 �z Receipt for Rec for Certified Mail' ertified Mail . No Insurance Coverage Provided 1pt .,, No Insurance Coverage Provided UPMED!TOES Do not use for International Mailwarm Do not use for International Mail (See Reverse) mmusurom (See Reverse) Sent CLOUD, CHIEF Sent to MUNICIPAL CODE CORP Street and No. OF ADMINISTRATIVE CODE Street and No. P. 0. 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' i tt{�1�' l S 1. • TO, V I Y .. 1, :: S P, ' ILO 1Ms. Ruth Ann Jantzen 1 i[Is Deputy' Clerk ' ', :11:',:.,-.',11 II j; Monroe County ' f . ' ' 1 �� '€ PO Box, 1980 1I Y l 111 ; 1 +t Key West, FL 33040 , , : [3 .. EE, 1 liEIIEii1111 iu1E l Eiilli it 1r1+J���N�>,,,oi l��1,�1,1.1�,�1j."�1�11„1<1,<I'1, !F•° . 7 , 90' 262-,,u eNationa.) s al SENDER: y • Complete items 1 and/or 2 for additional services. I also wish to receive the ar • Complete items 3,and 4a&b. 2 • Print your name and address on the reverse of this form so that we can fee): services (for an extra Cl.; atreturn this card to you. ): i 0 • Attach this form to the front of the mailpiece,or on the back if space 1. El Addressee's Address does not permit. N t • Write"Return Receipt Requested"on the mailpiece below the article number. p • The Return Receipt will show to whom the article was delivered and the date 2 ❑ Restricted Delivery 0 c delivered. Consult postmaster for fee. d -0 3. Article Addressed to: 4a. Article Number CC a LIZ CLOUD, CHIEF P891 255 129 E ! c.BUREAU OF ADMINISTRATIVE CODE AND 4b. Service Type to 0E LAWS ❑ Registered ❑ Insured Ica DEPARTMENT OF STATE l Certified ❑ COD c w THE CAPITOL ; ElExpress Mail Return Receipt for 3 ®TALLHASSEE, FL 32301 Merchandise 8 7. Date of Delivery w a C)nd— caA8-19,9 9 = , 5. Signature (Addressee) 8. Addressee's Address(Only if requested Y 0 and fee is paid) r 12 6. Si Gr ge t, ~ % v.'. ., is iu .. . .:i /Y '. ,liVie-c/i I y PS Form 3811, December 1991 �rus.GPo:tse3-ss2ata DOMESTIC RETURN RECEIPT Tom..._.... Cop WE TR 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 November 9 , 1994 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr . Kolhage : Pursuant to the provisions of Section 125 . 66 , Florida Statutes , this will acknowledge your letters of November 3 and 4 , 1994 and certified copy each of Monroe County Ordinance Nos . 0.22-1994., 027-1994 and $01243 149 which were filed in this office on November 9, 1994 . Sincerely, Liz Clouu, Chief Bureau of Administrative Code LC/mw NOTICE OF INTENTION TO CON ' ' SIDER ADOPTION OF COUNTY 'l 0i‘i,,INANCE �ti I .-NOTICE IS H r, rY GIVEN TO j / - -'t•'N WHOM .IT MAY CONCERN that on,w� r� 1F,-. ;,: a=:;�.r,•.,, • Thursday, October 20, 1994,• at -.- 't; 40:00 A.M. at the Holiday Inn Beach ' ,41:,,NRooseveltBouevard •' n re Iv ITI7EN Key West, Monroe County; Florida, the Board of County Commissioners , • of Monroe County, Florida,intends to Z'uU�zs�>ec� Daily ponsider the adoption of the follow- • i .ing County ordinance: T ' r s ORDINANCE NO.-1994 Key West Monroe County, Florida 330 AN ORDINANCE CREATING A , BOATING RESTRICTED AREA ' (IDLE SPEED/NO WAKE ZONE) FdR THE-SOUTH SIDE OF THE KEY WEST EXTENDING INTO COW )R1 DA KEY CHANNEL AND BRANCHING TO RIVIERA CANAL; PROVIDING IONROE: FOR DEFINITIONS;-PROVIDING - THAT MONROE COUNTY AGREES - t0 HOLD THE DEPARTMENT OF ,nderSiC�lled authority personally appea red Randy Erickson, who on oath ENVIRONMENTAL PROTECTION7. HARMLESS FROM ANY LIABILITY ''1,dvertisinc Manager of The Key West Citizen, a daily newspaper published INCURRED FROM THE POSTING ', ' OF BOATING RESTRICTED MARK- Monroe County, Florida; that the attached copy of the adverlisernent, being ERS; PROVIDING FOR PENALTIES . • FOR VIOLATION; PROVIDING FOR P - EXEMPTIONS; PROVIDING FOR t t,naN� ���hq boa��\•,q Y"-t 8 elm Z-4-ee SEVERABILITY; PROVIDING FOR.r of A f/t-� O``� C J l ' THE REPEAL OF ORDIANCES IN- CONSISTENT HEREWITH; -PRO- " VIDING FOR THE INCORPORA- TION OF THIS ORDINANCE INTO' ' ' • THE MONROE COUNTY CODE OF , cou• rt, was published in said 1 ie\':'SDal�er Ill the ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. � 1 I� q, Pursuant to Section 286.0105, Flor- 'z,• ,,,,,b,�t- 3p (^ - �C d �� \a ida Statutes, notice is given that if a 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 • Says that the' said The Key WeStt Citizen is a newspaper published at Key - record of the prdceedings, and that, for such purpose, he may need to en- ./lonrOe County, Florida, and that the said newspaper has heretofore been sure that a verbatim record of the ,•i ,� i r (r-,x t Saturdays d� ^lisped in said iviollioe County, Florida each da} exCe-'U :tar a}'S and proceedings is.made._which�,recof d U� includes-the testimony=and evidence , ., ,, o t upon which the a eal is -to be 0 s) and pas been entered as second-class mail matter at the post office in ' year ncAl cl'occoing the first based. `0 Monroe COU1ity, Florida, for a period Of ! yew 'Copies-of the above-referenced ordi the attached Copy of adVertlseil lent; and ai fia :t further says that he has hence are available for review.at the ' ,various-.public libraries in Monroe :or promised any iy person,firm Or corporation any discount, rebate, commission ;County, Florida. - thepurpose of securing tilts adVel'tlseili?ilt 101' 1;•Upi!Cat1011 in file Bald DATED at Key West. Florida, this � 28th day of September, 1994. DANNY L.KOLHAGE Clerk of the Circuit'Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida car Heik /2---- September 30th&October 7th, 1994 (Signature of Affiani; - - Sworn to and subscribed before me This/ day of • -lature of Notary' Public 1.,1y , NANCY E.C61EB .1 MY COMMISSION H CO 354124 SEAL ^>: :;; EXPIRES:March 9,1998 • ''.ct °•'� ©onthd Tim N o• Pubiic Ur. - -- • - . _ -• Name of Notary Public ?/ / Expires: ' . Personally Known ' or Produced identification T,rnn of IrinnliiiCaiiOn Produced 'T PROOF OF PUBLICATION • • THE FLORIDA KEYS KEYNOTER . Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) Before the undersigned authority personally appeared Tom Tuell who on oath, says that he/sh Editor _ 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: — Creating_A Boating Restricted Area �___ __ in th __ Court was published in said newspaper in the issues o October 1 & 8, 1994 'no.5081900 Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper NOTICE OF INTENTION TO CONSIDER ADOPTION at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO paper has heretofore been continuously published in said MONROE COUN- WHOM IT MAY CONCERN that on Thursday,October 20, 1994, at ae1O:0�0e"3.4at N.Holiday Inn TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been Boulevard,Key CountWest,Florida,the entered as second class mail matter at the post office in MARATHON, in of stotoe County, Florida, in- the adoption of the following County ordinance: said MONROE COUNTY, FLORIDA, for a period of one year next preceding ORDINANCE NO. . . -1994 AN ORDINANCE CREATING A the first publication of the attached copy of advertisement; and affiant fur- BOATING OSRDINANCE ZONE)AREA firm, OR THE SOUTH SIDE OF KEY I ther says that he has neither paid nor promised any person, or corpo- WEST EXTENDING INTO COW KEY CHANNEL AND BRANCH-1 .-ING TO R CANAL; PRO- ration anydiscount, rebate, commission or refund for the purpose of secur- VIDING RIVIERA IMER INmA L;;•PRO 1 VIDING THAT MONROE COUN- TY AGREES TO HOLD THE DE- I in this advertisement forpublication in the said newspaper.(SEAL) PARTMENT OF ENVIRONMEN- g 1 FROM PROTECTION BILITTY IN— CURRED FROM THE POSTING ' OF BOATING RESTRICTED I MARKERS; PROVIDING- FOR PENALTIES •FOR VIOLATIONS; PROVIDING FOR EXEMPTIONS- ' PROVIDING FOR SEVERABILI- TV; PROVIDING FOR THE RE- PEAL OF ORDINANCES INCON- SISTENT HEREWITH,• PROVID-'OR' ING FOR THE-INCORPORATION __ _ ' OF THIS ORDINANCE INTO THE MONROE COUNTY CODE OF �J ter"' d{,RY ;} , `, RE ,..re ORDINANCES•AND PROVIDING ty mile =.•.. f .;�:j_i_..� �,L('. AN EFFECTIVE DATE. / ,r•--•., �1 . . _ _ ��,,, •/ n I l !..,iv i. ?Ii1C11 ..?+. (' '1� ✓i) Pursuant l idaa ate Section Is�giveri fr"'`ir.TAM, ,,.,( r ^r.n E-•+ t;nc, e ' that H a person decided to appeal d I (seal) l_.tl 4 J+Ai,ir=J : i!t.� :!.e..4 ICJ I witthresppeecct made anny m tte the®ccoon-- ,Y�',h. ..,_� ,; ' 'r• l:r'.� aidered at such hearings or meet-! �,•%. '�-r•..,,' inns,he will need a record of the, �• i-= .''� proceedings, and that,for such �-"`:.:�+'`� l Tip i::Y.rSO ;P'�?;i6�1. purpose,he may need to ensure ' e."`' that a verbatim record of the pro- ' ceedings is made,which record ' 1 3 t h includes-the testimony and evi- I SWORN TO AND SUBSCRIBED BEFORE ME THIS derma upon which the appeal is to be based. CVs of the eboble for revied atdinenve are available for review at the various public libraries in ./, . Monroe County,Florida. DAY OF October ___ A.D. 19 94 iemd°ayaofS September,Florida, 1e �___---~� — --_ f DANNY L.KOLHAGE ' Clerk of the Circuit Court n end ex officio Clerk of the ; /7//ssq/ / Board of County Commissioners _ ��_�� of Monroe Conty,Florida Publish:October 1 t 8.1994 Florida Keys Keynoter 1. . 1. NOTICE OF INTENTION TO CONSIDER _ t ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM ITMAY CONCERN that on Thursday,October 20,1994,at.` A.M.at the Holiday Inn Beachside; '' 3841 N.Roosevelt Boulevard,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. 1994 74 ( - AN ORDINANCE CREATING A BOATING RESTRICTED AREA I (IDLE SPEED/NO WAKE ZONE)FOR THE SOUTH SIDE OF KEY WEST EXTENDING INTO COW KEY CHANNEL AND BRANCHING TO RIVIERA CANAL:-PROVIDING FOR DEFINITIONS;PROVID- egeMING THAT MONROE COUNTY AGREES TO HOLD THE DEPART- MENT OF ENVIRONMENTAL PROTECTION HARMLESS FROM ANY LIABILITY'INCURRED FROM THE POSTING OF BOATING j RESTRICTED MARKERS;PROVIDING FOR PENALTIES FOR VIO- LATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR I SERVING SEVERABILITY;PROVIDING FOR REPEAL OF ALL ORDINANCES I DAGNY WOLFF INCONSISTENT HEREWITH;PROVIDING FOR INCORPORATION"{ INTOTHEMONROECOUNTYCODE;ANDPROVIDINGANEFFEC- 1( Editor&Publisher BOX 11 TIVE 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.1 STATEMENT OF PROOF OF PUl 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. , STATE OF FLORIDA ) h Copies of the above-referenced ordinance are available forreview at COUNTY OF MONROE ) i the various public libraries in Monroe County,Florida. 1 DATED at Key West,Florida,this 28th day of September,-1994. ' Before the undersigned authoritypersonallyappeared DAGNY! - DANNY L.KOLHAGE g pp Clerk of the Circuit Court EDITOR and PUBLISHER of THE REPORTER, a weel and ex officio Clerk of the advertising published at Tavernier, Monroe County, Florida: tls '- - Board of County Commissioners being a LEGAL ADVERTISEMENT of Monroe County,Florida ¢Published:10/6 and 10/13/94 The Reporter - IN THE MATTER OF NOTICE OF INTENTION Tavernier,FL 33070 - ' IN THE Court, was published in said newspaper in the issues of _ 10/6 AND 10/13/94. Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any 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 SWOR TO ANIIESUB CRIBEt BEFORE ME THIS 13TH_ DAY OF OCTOBER_A.D.,1994_ 'art. C : . tie Z c\ -- NOTARY PUBLIC r �� ^- r--)C NO1AM t1:<71tLS 51'�7E Ot FLOittOA AT LAii3J :i_ t"'— y •U MY COMMISSION EXPIRES FEBRUAIVf 03.1995 O — MY COMMISSION EXPIRES:MEG THRt! AGENT'S NOTARY SROKERAD9 CD c-' LU L CC _< Z la- t NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE �d . -n .- NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN Qgp.t -an Thursday, October 20 , 1994, at 10 : 00 A.M. at th0:--Holic ' y Inn Beachside, 3841 N. Roosevelt Boulevard, Key West, IC'Ionroe cunt , Florida, the Board of County Commissioners of Monroe aunt , . Florida, intends to consider the adoption of the following Courtesy ordinance: - ORDINANCE NO. -1994 AN ORDINANCE CREATING A BOATING RESTRICTED AREA (IDLE SPEED/NO WAKE ZONE) FOR THE SOUTH SIDE OF KEY WEST EXTENDING INTO COW KEY CHANNEL AND BRANCHING TO RIVIERA CANAL; PROVIDING FOR DEFINITIONS ; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE DEPARTMENT OF ENVIRONMENTAL PROTECTION 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 ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE INCORPORATION OF THIS ORDINANCE 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 28th day of September, 1994. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Community Services Division • ORDINANCE NO. -1994 AN ORDINANCE CREATING A BOATING RESTRICTED AREA (IDLE SPEED/NO WAKE ZONE) FOR THE SOUTH SIDE OF KEY WEST EXTENDING INTO COW KEY CHANNEL AND BRANCHING TO RIVIERA CANAL; PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE DEPARTMENT OF ENVIRONMENTAL PROTECTION 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 ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE INCORPORATION OF THIS ORDINANCE INTO THE MONROE COUNTY CODE OF ORDINANCES;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the area of navigable waters near Key West 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 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), Fla.Const. (1968), and includes every description of watercraft, barge, airboat, 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 Office of the Marine Projects Coordinator-Community Services Division. 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, Idle Speed/No Wake Boating Restricted Area Established As a condition for the issuance of a permit from the Division of Law Enforcement of the Department of Environmental Protection (hereinafter "Department" ) for the Idle/Speed/No Wake boating restricted area described in Exhibit A, the County hereby consents and agrees to hold the Department harmless from fault with respect to any claim or claims arising from alleged negligence in the placement, maintenance or operation of the Department approved markers. The Mayor is authorized to sign and execute an agreement to that effect with the Department if required by the Department's rules or procedures. 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 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 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 toexceed $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 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 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 day of , A.D. 1994 Mayor London Mayor Pro Tem Cheal Commissioner Harvey Commissioner Freeman Commissioner Reich (Seal) Attest: Danny L. Kolhage, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Deputy Clerk Mayor/Chairman Effective Date APPROVED AS F0 P GULF I.. • ICA 47\ ST 6C.K zsL AN D r..5 , e 4 •••• i . A. ,ass- ws"� ✓ . • /-,i44 /111000011461.024.4.i KEY WEST p� l' :00S 1 '' Ai = Ca �p O ]. I VI' f 441 300 06 cd jts- !C. No bleb ,- ;' ATL,AN'ZIC OCEAN El A • MARACRS lobo '(th . Sca“..E 14 • NZ-AA. CH ART u 1 99 I