Ordinance 042-1994 •
Commissioner Jack London
ORDINANCE NO.o42-1994
AN ORDINANCE CREATING A BOATING RESTRICTED AREA
(IDLE SPEED/NO WAKE ZONE) FOR THE NEAR SHORE WATERS
ADJACENT TO JOLLY ROGER ESTATES, LITTLE TORCH KEY;
PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE
COUNTY AGREES TO HOLD THE FLORIDA DEPARTMF6ILDF
ENVIRONMENTAL PROTECTION HARMLESS FRO/4 AY o rn_
LIABILITY INCURRED FROM THE NEGLIGENT POST I -A Fig'
BOATING RESTRICTED MARKERS; PROVIDING FOR PENALTIES u,„
FOR VIOLATIONS; PROVIDING FOR EXEMPTIONS; PROBING x,
FOR SEVERABILITY; PROVIDING FOR REPEAL OFF mALL -n c
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR 01
INCORPORATION INTO THE MONROE COUNTY CODE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the area of navigable waters near Jolly Roger
Estates/Little Torch Key, 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.
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• 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
14th day of December , A.D., 1994.
4
Mayor F EMAN YES
Mayor Pro Tern LONDON YES
Commissioner Harvey YES
Commissioner D UGt.ASs YES
Commissioner Reich YES
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: Danny L. Kolhage OF MONROE COUNTY, FLORIDA
By By
Deputy CI Mayor?hairman
EFFECTIVE DATE
APPROVED AS TO FOrpn
GAL F!C!T ,;y
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• . NO WAKE ZONE
BOUNDARY
Exhibit A
Jolly Roger Estates
Little Torch Key Key
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e•;4••gJ;'fsxrS`�` ;
Oannp IL. 1ao[bage
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 30, 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. 042-1994
creating a Boating Restricted Area (idle speed/no wake zone)for the near shore waters
adjacent to Jolly Roger Estates, Little Torch Key; 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 December 14, 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
eputy lerk '
cc: Municipal Code Corporation
County Commissioners
County Attorney
County Administrator
Growth Management Div.
Marine Resources Department
Florida Marine Patrol
Florida Department of Environmental Protection
Monroe County Sheriff's Department
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^ftN:C:PAL CODE CORPORAT;ON •
Supplement Department _ ,�.
PO Box 2235 `rPkH � `" � `
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Tallahassee, Fl 32316-223 5 ` sN!++••-'A U.S.POSTAGE i
• (4. JAN I 115 Pr;r .. 4 • I,�
Supplement 55 . 01/11/95 • 2 ® I
nEr
ALA' P.B.as;zzeaa
We have received the following material. :-
Thank ycu for your assistance and cooperation.
•
Ordinance Nos. 042-1994 and 041 1994.
TO:
Ms. Ruth Ann Jantzen
Deputy Clerk •
Monroe County
PO Box 1980
Key West, FL 33040
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1-800-262-CODE (National) LBJ
•
mi • �1l�Ilitl�i��tl1l�ti�1111I11t� J 1;1111111111hililliiiiini! •
PROOF OF PUBLICATION f
' THE FLORIDA KEYS KEYNOTER .
•
• Published Twice Weekly . .
•
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
Before the undersigned authority personally appeared well • who on oath, says that he/she is
Frl;tor- 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 Consider
igfroption or County urciinance
IN THE MATTER OF: December 14, 1994 _ _ -- _ in the
Court was published in said newspaper in the issues of
November 23, 30, 1994 —
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper 'no.6374600 -
Nat MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- TO CONSIE DE IADOPTIION
OF COUNTY ORDINANCE
paper has heretofore been continuously published in said MONROE COUN- . NOTICE
O GIVEnON IT MAY CNERN thati on Wednesday, December 14,
TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been I. 1994,at 10:00 A.M.,at the Mar-
athon Government Center,2796
Overseas Highway, Marathon,
entered as second class mail matter at the post office in MARATHON, in Mond f county, Floridaionthe
in-
saidof MONROE COUNTY, FLORIDA, for a period of oneyear next precedingtohd to ens��Florida,
d pton
the following County ordinance:
the first publication of the attached copy of advertisement; and affiant fur- ORDINANCE NO. -1994
ther says that he has neither paid nor promised any person, firm, or corpo- • O ORDINANCE CREATING A
AN
TING RESTRICTED AREA
(IDLE SPEED/NO WAKE ZONE)
FWA-
ration any discount, rebate, commission or refund for the purpose of secur- TOR THE ADJACENTNEAR SHORE JOLLY
ROBS . LITTLE
LE
P P ROGER ESTATES.
ingthis advertisement forpublication in the said newspaper.(SEAL).. - DEFINIH KEY PROVIDING FOR
THANITIONS• PROVIDING
THAT
TO HOLD THE FLORIDA
DEPARTMENT OF
t, ENVIRON-
ESTRALIABILITY-NLSFOM NY I
CURRED FROM THE NEGLI-
• RESTRICTTED MARKERS BOATING
RESTRICTED FOR PENALTIESFOR VI-
OLATIONS;PROVIDING FOR EX-
EMPTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDI-
4 ❑ O ( _I R NANCES INCONSISTENT HERE-
�'�'l�LOU SOL`BE`'U�f'E("(�� POI THL RATION PROVIDING
THEO FOR
E
My Comm Exp, 8/1 Y/:16 COUNTY-CODE;AND PROVID-
fliOTARY INGAN EFFECTIVE DATE. -
. v PUHLiC) B17nded By Service Ins Pursuant to-Section 286.0105,
:a // Florida Statutes, notice is given
(seal) o�'I No. CC?i 3c+3 that if a person decided to appeal
OF �,L/" any decision made by the Board
with respect to any matter con-
`'� *ttSardy Karma lNixx 49 adored at such hearings or moet-
ings,he will need a record of the
proceedings, and that, for such
purpose,he may need to ensure
SWORN TO AND SUBSCRIBED BEFORE ME THIS 30th 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.
Copies of the abova�eferenced
ordinance are available for review
at the various public libraries in
DAY OF Novr �___�� A.D. 19 94 ____�MN Monroe County,Florida,
•
DATED at Key West,Florida this
16th day of November,1994.
- DANNY L.KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the
__ Board of County Commissionera
of Monroe County,Florida
Publish:Nov.23,30,1994-
Florida Keys Keynoter
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l
INV I!um Vr IIN I MIN 1 IL)I,/ 1 V VVIV-
SIDER ADOPTION OF COUNTY '
ORDINANCE '•
N E IS HEREBY GIVEN TO
WHOM—I r MAY CONCERN that on
Wednesday, December 14,' 1994, at
10:00 a.m. at the Marathon Govern f ;'5': "s' KGOd'EST
merit Center, 2798 Overseas High- ; .x
way, Marathon, Monroe County, k < >..
Florida,•the Board of County'"Corn-
r` . ITIZEN
missioners of Monroe County, Flo.r- i -
ida, intends'to c'Onsider the'addption
of the following County ordinance: • 3 Published Daily
.ORDINANCE NO.-1994
AN ORDINANCE CREATING A ?ey West, Monroe County, Florida 33040
BOATING RESTRICTED AREA ,
(IDLE SPEED/NO WAKE ZONE)
FOR THE NEAR SHORE WATERS
ADJACENT TO JOLLY .ROGERS '
ESTATES, LITTLE TORCH 'KEY; IDA
PROVIDING FOR DEFINITIONS;
PROVIDING THAT MONROE NROE:
COUNTY AGREES TO HOLD THE
FLORIDA DEPARTMENT OF'ENVI-
RONMENTAL PROTECTION ;jerslgned authority personally appeared Randy Erickson, who on oath
HARMLESS FROM ANY LIABILITY
INCURRED FROM THE NEGLI- fertising Manager of The Key West Citizen, a daily newspaper published
GENT POSTING MARKERS;BOATING RE-
ING nroe County, Florida; that the attached copyof the advertisement, being
PROVIDING
FOR PENALTIES FOR VIOLA- I r
TIONS; SEER
PROVIDING FOR SEVER-PROVIDING FOR EXEMP-
TIONS; Qw� `kre -t er%Vbn / �oaer, g lttC4-e
: f
ABILITY; PROVIDING FOR THE RE-
PEAL OF ALL ORDINANCES IN J.
-
CONSISTENT HEREWITH; PRO-
VIDING FOR INCORPORATION
INTO THE MONROE COUNTY,
CODE; AND PROVIDING AN EF- Court, was published in said newspaper in the
FECTIVE DATE.
Pursuant to Section 286.01 that
if a t rt6er ('1 O� , \.GI
Flor-
ida Statutes, notice is given thattif a � Q�CJ
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 aysCitizen is a newspaper s that the said The KeyWest published ublished at Key
record of the proceedings, and that,
for such purpose,he may need to en- roe County, Florida, and that the said newspaper has heretofore been
sure that a verbatim record of the I
proceedings is made, which records shed in said Monroe County, Florida, each day (except Saturdays and
includes the testimony and evidence and has been entered as second-class mail matter at the post office in
upon which the appeal is to be
based. • .Monroe County, Florida, for a period of 1 year next preceding the first
Copies are the above or revs eed t ordi-
nanceh ,attached copy of advertisement; and affiant further says that he has
available for review at the
various public libraries in Monroe )mised any person,firm or corporation any discount, rebate, commission
County;Florida.
DATED at Key West, Florida, this I purpose of securing this advertisement for publication in the said
16th day of November, 1994.
DANNY L.KOLHAGE I
• Clerk ofihe1,Ccu t C�oultgand
ex offici'oCferk of the BFoard I
of County C rnmissi�o�Hers;of
„`Monroe1 199t;y'Florida (Signature of Affiant)
-1 November 20th&27th, 994 -
Sworn to and subscribed before me thisd9day of , 1994
0:1b. � ;s(Signature of Notary Public)
MY COMMISSION¥CC 354i34 j
SEAL :;^ a EXPIR S:Polsrcr S,?�r8
'%r? ;°`P 9ondsd Thru rota/1 puEnit.tN^�;
(Name of Notary Public)
Expires: Q
Personally K own V— or Produced Identification
Type of Identification Produced
. . • .
74
zoAtee,t
BERVINO THE UPPER KEYS
FOR O
DAGNY WOLFF
• NOTICE OF INTENTION TO CONSIDER
Editor&Publisher BOX 1197 • T ADOPTION OF COUNTY ORDINANCE
(3t NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERT
FAl that on Wednesday,December 14,1994,at 10:00 A.M.at the Maratho
1 Government center,2798 Overseas Highway,Marathon,Monroe Count}
.Florida,the Board of County Commissioners of Monroe County,Florida
STATEMENT OF PROOF OF PUBLICA intends to consider the adoption of the following County ordinance:
STATE OF FLORIDA ORDINANCE NO. 1994
, ANORDINANCECREATINGABOATINGRESTRIC-IEDAREA
COUNTY OF MONROE ) ' (IDLE SPEED/NO WAKE ZONE)FOR THE NEAR SHORE WATERS
ADJACENT TO JOLLY ROGER ESTATES,LITTLE TORCH KEY;
PROVIDING FOR DEFINITIONS; PROVIDING THAT MONROE
Before the undersigned authority personally appeared DAGNY WOLI COUNTY AGREES TO HOLD THE FLORIDA DEPARTMENT OF
EDITOR and PUBLISHER of THE REPORTER, a weekly tic'ENVIRONMEN7ALPROTECTIONHARMLESSFROMANYLIABIL-
advertising published at Tavernier, Monroe County,Florida: that the att; ITY INCURRED FROM THE NEGLIGENT POSTING OF BOATING
a LEGAL ADVERTISEMENT ' RESTRICTED MARKERS•PROVIDING FOR PENALTIES FOR VIO-
LATIONS; PROVIDING FOR EXEMPTIONS; PROVID G FOR
' SEVERABILITY;PROVIDING FOR REPEAL OF ALL ORD ANCES
1 INCONSISTENT HEREWITH;PROVIDING FOR INCO RATION
IN THE MATTER OF NOTICE OF INTENT TO CONSIDEI INTO THE MONROE COUNTY CODE;AND PROVIDIN AN EF-
FECTIVE DATE.
IN THE Court, was published in said newspaper in the issue Pursuant to Section 286.0105,Florida Statutes,notice is given that
Affiant further says that the said REPORTER is a newspaper publi1 if a person decided to appeal any decision made by the Board with respect
County, Florida, and that the said newspaper has heretofore been c':to any matter considered at such hearing or meeting,he will need arecord
Monroe County,Florida, ach week(on Thursday),and has been entere,a 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
Post Office in Tavernier, in said County of Monroe, Florida, for a pei testimony and evidence upon which the appeal is to be based.
first publication of the attached copy of advertisement; + Copies of the above-referenced ordinance are available for review
:at the various public libraries in Monroe County,Florida.
p DATED at Key West,Florida,this 16th day of November,1994.
and affiant further says that he has neither paid nor promised any, DANNY L.KOLHAGE +
discount, rebate, commission or refund for the purpose of securing thij Clerk of the Circuit Court 1
in the said newspaper. and ex officio Clerk of the
•
Board of County Commissioners
i of Monroe County,Florida i
„Published:11/24 and 12/1/94 t
'The Reporter
S ; Tavernier,FL 33070 f I
SWORN TO AND SUBSCRIBED BEFORE ME THIS _1ST_ DAY OF_DECEMBER_A.u.,-,.. --- -- ---- _--_ __ _ :
/6.44.(_-C— e Z2e7-74-Q____
NOTARY PUBLIC
I TAt;r?[tBAts~t sSAn. OP ROMA AT LABG11
MY COMMISSION EXPI 'tt'SStOt1 sSCf1A '@ESIIUARV°51 1996
R;�,�:#�caF;t+ cy b°'.i0?tiilt:+C�i'9
EOPZDED THIZ 7 Aeon t'oiJ?.^...-
4
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•
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday,
December 14, 1994, at 10:00 a.m. at the Marathon Government Center, 2798 Overseas
Highway, Marathon, 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 JOLLY ROGER ESTATES, LITTLE
TORCH KEY; 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; PRO'IN m
FOR EXEMPTIONS; PROVIDING FOR SEVERABIt1 ; o 0
PROVIDING FOR THE REPEAL OF ALL ORDINANCES o
INCONSISTENT HEREWITH; PROVIDING FOR =a
INCORPORATION INTO THE MONROE CQ!JNT-Y
CODE; AND PROVIDING AN EFFECTIVE DATE. m
LA, 0
co
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 16th day of November, 1994.
DANNY L. KOLHAGE
Clerk of the Circuit Court and
ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
(SEAL)
Commissioner Jack London
ORDINANCE NO. -1994
AN ORDINANCE CREATING A BOATING RESTRICTED AREA
(IDLE SPEED/NO WAKE ZONE) FOR THE NEAR SHORE WATERS
ADJACENT TO JOLLY ROGER ESTATES, LITTLE TORCH KEY;
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 MARICERS; 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 Jolly Roger
Estates/Little Torch Key, 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 Tern 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 FORfn
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BOUNDARY
Exhibit A
Jolly Roger Estates
Little Torch Key Key