HomeMy WebLinkAboutOrdinance 029-1994 •
FILED FOR RECOF?)
'94 DEC 12 A10 :44 Commissioner Mary Kay Reich
DANY i . I'`ORDINANCE NO.029-1994
CLK. CIR. C i.
MONROE COUNTY, Ft f.
AN ORDINANCE CREATING A BOATING. RESTRICTED AREA
(IDLE SPEED/NO WAKE ZONE) FOR THE NEAR SHORE WATERS
ADJACENT TO POPULATED AREAS ON TAVERNIER CREEK,
PLANTATION KEY/KEY LARGO; PROVIDING FOR DEFINITIONS;
PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
HARMLESS FROM ANY LIABILITY INCURRED FROM THE
NEGLIGENT POSTING OF BOATING RESTRICTED MARKERS;
PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING
FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the area of navigable waters of Tavernier Creek, as
described in Exhibit A, is a common route for numerous boaters, creating a
dangerous situation where 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 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.
1
4
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 Monroe County Department of
Marine Resources.
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 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.
2
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 applicable civil penalty.
c) Any person who willfully refuses to post a bond or accept and
sign a summons is guilty of a misdemeanor of the second degree.
d) Any person charged with a noncriminal infraction under this
section may:
1) Pay the civil penalty, either by mail or in person within
10 days of the date of receiving the citation, or
2) If he has posted bond, forfeit bond by not appearing at
the designated time and location:
If the person cited follows either of the above-procedures, he shall be
deemed to have admitted the infraction and to have waived his right to a
hearing on the issue of commission of the infraction. Such admission shall
not be used as evidence in any other proceedings.
e) Any person electing to appear before the county court or who is
required to appear shall be deemed to have waived the limitations on the civil
3
penalty specified in subsection (a). The county court, after a hearing, shall
make a determination as to whether an infraction has been committed. If the
commission of an infraction has been proven, the county court may impose a
civil penalty not to exceed $500.
f) At a hearing under this chapter the commission of a charged
infraction must be proved beyond a reasonable doubt.
g) If a person is found by the county court to have committed an
infraction, he may appeal that finding to the circuit court.
Section 6. Exemption.
This ordinance shall not apply in the case of an emergency or to a
patrol or rescue craft.
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 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
22nd day of November , A.D., 1994.
4
•
Mayor Freeman yes
Mayor Pro Tern London yes
Commissioner Harvey yes
Commissioner .Douglass yes
Commissioner Reich yes
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: Danny L. Kolhage OF MO 'OE COUNTY, FLORIDA
By 04.ekg*,14/ By•ow"
Deputy Clerk • /Chairman
EFFECTIVE DATE
APPROVED AS YO Few"^
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Attoi e i�ca do ex
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NO WAKE ZONE
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MARKER
NO WAKE ZONE
BOUNDARY
Exhibit A
Tavernier Creek
Plantation Key
GOUN
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Aatutp IL. 1ot1jage
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
December 9,1994
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. 029-1994
creating a Boating Restricted Area (idle speed/no wake zone) for the near shore waters
adjacent to populated areas on Tavernier Creek,.Plantation Key/Key Largo; providing
for definitions; providing that Monroe County agrees to hold the Florida Department of
Environmental Protection harmless from any liability incurred from the negligent
posting of boating restricted markers; providing for penalties for violations; providing
for exemptions; providing for severability; providing for repeal of all ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code; and
providing an effective date.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting in formal session on November 22, 1994...
Please file for record.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen_
jeatit)
Depu Clerk
•
cc: Municipal Code Corporation
County Commissioners
County Administrator
County Attorney
Growth Management Director
•
Director of Marine Resources
File
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Supplement 55 12/22/94 tIl PUMA,
We have received the following material.
Thank you for your assistance and cooperation.
Ordinance Nos. 029-1994, 030-1994, 031-1994,
032-1994, 033-1991, 031-1994, 035-1994, ,
036-1994 and 037-1994. ?O:
Ms. Ruth Ann Jantzen
Deputy Clerk
Monroe County
PC Box 1980
Key West, FL 33040
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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
December 16 , 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 December 9 and 12, 1994
and certified copy each of Monroe County Ordinance Nos .
clieamfbei9,4 through 037-1994 , which were filed in this office on
December 15, 1994 .
For future use, our current address is :
Department of State
Bureau of Administrative Code
The Elliot Building
401 South Monroe Street
Tallahassee, Florida 32399-0250
Sincerely,
4411atiti"d
Liz Cloud, Chief
Bureau of Administrative Code
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SIDER ADOPTION OF COUNTY .
ORDINANCE •r' .;:" `, S? 1 1:1:11 WII.S'I'
NOTICE I -rE EBY GIVEN TO +. "
WHOM IT MAY CONCERN that on. , : R ) I
..
-Tues€fay,- November 22,. 1994, at �� ,;, := TIZEIN
10:00 a.m. at the Key Largo Library, l
Tradewinds Shopping Center,- Key
•
Largo, Monroe County, Florida, the •
Board. of County Commissioners of Published Daily
Monroe--County, Florida, intends to, -••• T •Florida 33040
consider the adoption of the follow- LC W' es t, ,I... mu O e County,
- ing County ordinance: •
•,ORDINANCE NO.-1994'
,AN-ORDINANCE •CREATING A
„BOATING ;RESTRICTED:AREA
(IDLE SPEED/NO WAKE ZONE) l DA
FOR THE NEAR SHORE WATERS•
ADJACENT TO POPULATED AR- :'N R O E
EAS •ON TAVERNIER CREEK;
PLANTATION KEY/KEY LARGO;. 1
PROVIDING-FOR DEFINITIONS; - �- ?; ^ �r. who oat• h
THAT MONROE :.,erSlgned authority oerso! ,. ,1 c rr,-:, od 11c..ndy iIclCson, who on oath
COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF. ENVI vertlsing !Vlancader of The Key West Citizen, a daily newspaper published
,
RONMENTAL" PROTECTION ,bnl'oe County, Florida; that the attached copy of the ad:%eiliseillent, being
HARMLESS FROM ANY LIABILITY- S .INCURRED FROM THE NEGLI- 1
GENT POSTING OF BOATING RE-
•STRICTED MARKERS; PROVIDING' ''f No%,•c•e a n•�_vi.-i.fbyn( y.->r eock4 t'V1
FOR PENALTIES FOR V1011A-
' TV's1P• PROVIDING FOR 'EXEMP
.TION PROVIDING FOR 'SEVER- -tr.ec&.
ABILI PROVIDING FOR THE RE=_.i .
PEAL vr- ALL ORDINANCES IN- -I CONSISTENT HEREWITH; PRO- I, court, was cublish; 0 in Said newspaper in the
VIDING FOR INGORP,ORATION
INTO THE MONROE .COUNTY . �U . nle)���I _ / d-6` 1PL.9/ .
CODE; AND'-PROVIDING •AN EF- !2 C� ) . •
FECTIVE DATE-.
Pursuant to Section 286.0105, Flor
• ida Statutes;notice is given that'if a .
person decided to appear any deck : , ,
sion made by the Board with respect ?`f S tnat the SaiC i Ile 1<ev \'�,v eSt CI'LLen IS a +;e\'1Soaper published at Key
to any matter considered at_ such • I. I the said newspaper S-
hearings or meetings, he will need a ..: 10e Couin y, F,Crioa, ano that t e c ,d nel paper has nereloiorc been
record of the.proceedings, and that, - : c-, 'Ac l r Florida, (�';� Cell Saturdays and
for such purpose, he may need foen Shed In County,i ,t l IOe Cola t , i"lo,ida, each day ^
sure that a verbatim record-of the , -, as second-class mail matter at the post office in
proceedings is made, which record' •
6 aiid ilaS bee.-1 ei':tei'ed !
.includes the-testimony and evidence Monroe County, Florida, for a i�ei'lcd of ! year next preceding •the first
based,which the' appeal is to 'tie '.attached copy Of acvel'iiscienl; C..;d aiilailt iUl'illel' says that he has
Copies-of the above-referenced ordi ` nilSed a11'•r Imo rcr l ;inn CA'CO1001 aiiOn any discount rebate Coi n,,,issioil
nance are available for•review at the , ' , , • ,
1 various public 'libraries in. Monroe seof sec- ' c >>�1' SC "'-
(�UI'DO vr:-.9 tni.. a d lice of ft for publication ill 'tile Said
County,Florida.• • v v
I, DATED at, Key West, Florida, this
26th day of October, 1994.
DANNY L.KOLHAGE
Clerk of the Circuit Court•and- .
. ex officio Clerk of the Board'
of County Commissioners of. t
Monroe County,Florida. . l (Signature of Milani)
30th&November 6th, 1994 ,
,t i G� , 1994
Sworn to and-subscribed before ,..�c l,,l / _ c-ay c;i
. ____ 6„,,...)
..
• ...
,,,„,,,,,,,,, iariaturc of Notary Public)
SEAL - =„i n% '.,, MY COMMISSION#CC 354124
47 EXPIRES:ilarch 9,1998
_°- 1 -L -=ma Name of Notary Pubic)
Expires: i
Personally Known or PrccuceO identi',icati0n •
•
Type of ldentiiicaiion Produced
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/she is
•
Editor of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice Of Intention To
• Consider Adoption Of County Ordinance
IN THE MATTER OF: Tavernier Creek Idle Speed/No Wake Zone in the
• Court was published in said newspaper in the issues of
October 29 & November 5, 1994
• ono.1001600
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 Tuesday November 22,
-1994,at 10:00 A.M.,at the KeyE
TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been ' Largo Library,Tradewinds Shop-
ping Center,Key Largo Monroe
County, Florida,.the Board of
entered as second class mail matter at the post office in MARATHON, in County Commissioners
v ission6 stenMon-
consider the adoption of the loin
said MONROE COUNTY, FLORIDA, for a period of one year next preceding I lowing County ordinance:
ORDINANCE NO. -1994
the first publication of the attached copy of advertisement; and affiant fur- , AN ORDINANCE CREATINGA.
BOATING RESTRICTED AREA'
(IDLE SPEED)/NO WAKE ZONE)
ther says that he has neither paid nor promised any person, firm, or corpo- ' FOR THE NEAR SHORE WA-
TERS ADJACENT TO POPULAT-
ED ER
AREAS ON TAVERNI
ration any discount, rebate, commission or refund for the purpose of secur- CREEK SNTATION VERNIER
w LARGO; PROVIDING FOR PROVIDING THAT
oDEFI-
•
- ing this advertisement for publication in the said newspaper.(SEAL) NITIONSMONROEE COUNTY AGREES TO
HOLD THE FLORIDA DEPART-
MENT OF ENVIRONMENTAL
• PROTECTION HAMLESS FROM
ANY LIABILITY INCURRED
FROM THE-NEGLIGENT POST-
ING OF BOATING RESTRICTED
MARKERS,' PROVIDING FOR
PENALTIES FOR VIOLATIONS;
PROVIDING FOR-EXEMPTIONS;
PROVIDING FOR SEVERABILI-
• TY; PROVIDING-FOR THE RE-
PEAL OF ALL ORDINANCES IN-
,...-.. VIDING FOR THE INCORPORA-
TION
..,,,, ,..i, '<..*.-------7.--'4e::r''----'-*----'-----.-----:1• .-.... INTO THE MONROE
MARY LOU SOLLUERGER COUNTY CODE; AND PROVID-
ING AN EFFECTIVE DATE.
'My Comm Exp. S/1�1/98 Pursuant to Section 286.0106,
Florida Statutes, notice is given
PJr3TAP.Y that if a person decided to appeal
(seal) a pU®61C `� Bonded By Service Ins any decision made by the�oard
® with respect to any matter con-
' - 4� No. CC21.9.64.5 sidered at such hearings or meet-
¢ Q I ings,he will need a record of the
®F �1� �[ proceedings, and that, for such
• IR l sa y Knott I)0lhts't O. • ' purpose,he may need to ensure
U that a verbatim record of the pro-
Includes the testimony which record
TO AND SUBSCRIBED BEFORE ME THIS 5 th evi-
dence 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.
DAY November A.D. 19 94 -- 26fhEday oKey
Octobeert,Florida,lo this
DANNY L.KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the
• Board of County Commissioners
' ed-7/L
of Monroe County,Florida
Publish:Oct 29&Nov 5,1994
Florida Keys Keynoter
•
L .
• NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIV ,, TO WHOM IT MAY CONCERN
that on Tuesday,November 22, 1994,a� 00 A.M.at the Key Largo
Library, Tradewinds Shopping Center, Key Largo, Monroe County, a
I Florida,the Board of.County Commissioners of Monroe County.Florida,
intends to consider the.adoptionof the following County ordinance:
74
ORDINANCE NO. 1994
AN ORDINANCE CREATING A BOATING RESTRICTED AREA
(IDLE SPEED/NO WAKE ZONE)FOR THE NEAR SHORE WATERS
ADJACENT TO POPULATED AREAS ON TAVERNIER CREEK,
PLANTATION KEY/KEY LARGO;PROVIDING FOR DEFINITIONS;
PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE '
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
SEfaV INL3 ' HARMLESS FROM ANY LIABILITY INCURRED FROM THE NEG-
LIGENT POSTING OF BOATING RESTRICTED MARKERS;PRO-
DAGNY WOLFF FI VIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR
Editor PublisherBOX 1197 EXEMPTIONS; PROVIDING FOR SEVERABILITY;-PROVIDING,
• FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; '
PROVIDING FOR INCORPORATI ON INTO THE MONROE C O UNTY
CODE;AND PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105,Florida Statutes,notice is given that if
STATEMENT OF PROOF OF PUBL `a person decided to appeal any decision made by the Board with respect to
I any matter considered at such hearing or meeting,he will need a record of
STATE OF FLORIDA I 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
COUNTY OF MONROE ) -testimony and.evidence upon which the appeal is to be based.
Copies of the above-referenced ordinance are available for review at
Before the undersigned authoritypersonallyappeared DAGNY W;' the various DATEDpu attc libraries Wet, Monroe,this C 26th,dayFlorida.fOctober,PP Key West,Florida, 26th of October,1994.
EDITOR and PUBLISHER of THE REPORTER, a weekly' DANNY L.KOLHAGE
advertising published at Tavernier, Monroe County, Florida: that, - - Clerk of the Circuit Court .'
being a LEGAL ADVERTISEMENT and ex officio Clerk of the
Board of County Commissioners
of Monroe County,Florida
IN THE MATTER OF NOTICE OF INTENTION ; Published:11/3 and 11/17/94 -
The Reporter •
IN THE Court, was published in said newspaF Tavernier,FL 33070 •
11/17/94. Affiant further says that the said REPORTER is a news ..intiavva at i tit santiond a1>lsa o
Monroe County, Florida, and that the said newspaper has heretofori .T�..- am
1 ;wnTpau,mtu astm s£ 3 I
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.
• H J SE
SWORN TO AND SUBSCRIBED BEFORE ME THIS _17TH_ DAY OF NOVEMBER_A.D.,1994_ • -
NOTARY PUBLIC
/4 T,MY PU$UC;(STATE Of FLORIDA Al LAtI
MY COMMISSION EXPIRE 4"1"Mtli EXP1223"i311UAG'Y Mt t t
42.P1 aA tram.MUMS IIOIAtt L RAOI
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday,
November 22, 1994, at 10:00 a.m. at the Key Largo Library, Tradewinds Shopping Center,
Key Largo, Monroe County, Florida, the Board of County Commissioners of Monroe
County, Florida, intends to consider the adoption of the following County ordinance:
ORDINANCE NO. -1994
AN ORDINANCE CREATING A BOATING RESTRICTED AREA
(IDLE SPEED/ NO WAKE ZONE) FOR THE NEAR SHORE
WATERS ADJACENT TO POPULATED AREAS ON
TAVERNIER CREEK, PLANTATION KEY/KEY LARGO;
PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE
COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION HARMLESS FROM ANY
LIABILITY INCURRED FROM THE NEGLIGENT POSTING OF
BOATING RESTRICTED MARKERS; PROVIDING FOR
PENALTIES FOR VIOLATIONS; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE; 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 26th day of October, 1994.
'11.i 'A LN(lO:) JO JNGNJ el!_i -1 G
upf v-pANNY L. KOLHAGE
Clerk of the Circuit Court and
PZ: Z d LE 130 bpx officio Clerk of the Board
f County Commissioners of
Monroe County, Florida
(SEAL) 03-113
•
•
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 POPULATED AREAS ON TAVERNIER CREEK,
PLANTATION KEY/KEY LARGO; PROVIDING FOR DEFINITIONS;
PROVIDING THAT MONROE COUNTY AGREES TO HOLD THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
HARMLESS FROM ANY. LIABILITY INCURRED FROM THE
NEGLIGENT POSTING OF BOATING RESTRICTED MARKERS;
PROVIDING FOR PENALTIES FOR VIOLATIONS;- PROVIDING
FOR EXEMPTIONS;" PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE; AND. PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the area of navigable waters of Tavernier Creek, as
described in Exhibit A, is a common route for numerous boaters, creating a
dangerous situation where 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 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.
1
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 Monroe County Department of
Marine Resources.
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 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.
, 2
•
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 applicable civil penalty.
c) Any person who willfully refuses to post a bond or accept and
sign a summons is guilty of a misdemeanor of the second degree.
d) Any person charged with a noncriminal infraction under this
• section may:
1) Pay the civil penalty, either by mail or in person within
10 days of the date of receiving the citation, or
2) If he has posted bond, forfeit bond by not appearing at
the designated time and location:
If the person cited follows either of the above procedures, he shall be
deemed to have admitted the infraction and to have waived his right to a
hearing on the issue of commission of the infraction. Such admission shall
not be used as evidence in any other proceedings.
e) Any person electing to appear before the county court or who is
required to appear shall be deemed to have waived the limitations on the civil
3
�
• ' penalty specified in subsection (a). The county court, after a hearing, shall
make a determination as to whether an infraction has been committed. If the
commission of an infraction has been proven, the county court may impose a
civil penalty not to exceed $500.
f) At a hearing under this chapter the commission of a charged
infraction must be proved beyond a reasonable doubt.
g) If a person is found by the county court to have committed an
infraction, he may appeal that finding to the circuit court.
Section 6. Exemption.
This ordinance shall not apply in the: case of an emergency or to a
patrol or rescue craft.
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 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.
4
Mayor London
Mayor Pro Tem Cheal
• Commissioner Harvey
Commissioner Freeman •
Commissioner Reich
(SEAL) • BOARD OF COUNTY COMMISSIONERS
ATTEST: Danny L. Kolhage OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairman
EFFECTIVE DATE
APPROVED AS TO F�
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BOUNDARY
Exhibit A
Tavernier Creek
Plantation Key