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Ordinance 015-2004 ' Marine Resources ORDINANCE NO. 015 2004 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COMMISSIONERS AMENDING CHAPTER 5.5 MONROE COUNTY CODE (BOATS, DOCKS, AND WATERWAYS), TO DELETE SEC. 5.5- 1 (I) THE DEFINITION OF A "NO ANCHOR ZONE," TO CREATE THE DEFINITION SEC. 5.5-1 (k) OF A "MOTORBOAT," TO MODIFY 5.5-108 (D) "NO ANCHOR ZONE" TO READ "MOTORBOATS PROHIBITED" ZONE, AND TO ESTABLISH VARADERO BEACH AS A "NO MOTORBOAT ZONE," PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCE CLAUSES, PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the shallow waters adjacent to the shoreline at what is locally known as Varadero Beach on the bayside of Key Largo have become inundated with boaters anchoring and creating a health and safety nuisance as well as a quality of life issue for the adjacent property owners; and "WHEREAS, Monroe County owns a parcel on the cove at Varadero Beach which is impacted by the boating aggregations as well; and WHEREAS, the County adopted Ordinance 40-2003 to protect the area as a "No Anchor Zone;" and WHEREAS, the State of Florida would not permit a "No Anchor Zone" as the adopted zone would not fit the Uniform State Waterways Marking System as specified in Part 62, of Title 33, of the Code of Federal Regulations (CFR); and WHEREAS, the state has agreed in principle that the County's concern is legitimate and indicates that a "Motorboats Prohibited" zone would be a more appropriate regulatory zone for the situation, which is identified in the Part 62, Title 33, CFR, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA THAT the following revision is made to Chapter 5.5, Monroe County Code: Section 1. Sec. 5.5-1 Definitions, is hereby amended to delete sub-section (I) the definition of"No Anchor Zone. Section 2. Sec. 5.5-1. Definitions, is hereby amended to add the following definition: (k) Motorboat means any vessel equipped with machinery for propulsion, irrespective of whether the propulsion machinery is in actual operation. This definition is synonymous with the definition of motorized vessel Documentl 1 06/23/2004 9:43:00 AM , ,_i ' Marine Resources Section 3. Sec. 5.5-108 (d) Boat restricted zones is hereby amended to read as follows: (d) Motorboats Prohibited Zone. No motorboat as defined herein shall enter an area established by County Ordinance as "Motorboat Prohibited Zone." (1)Varadero Beach: To include an area within three hundred (300) feet of shore along the cove on the bayside of Key Largo, known as Varadero Beach at approximately mm 95.6 bayside and as shown graphically in the attached map. Kayaks, canoes and similar exclusively human powered vessels are allowed in this zone. Section 4. 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 5. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 6. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 7. This Ordinance shall be filed with the Office of the Secretary of State of the State of Florida, and will take effect upon receipt by that agency. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on the 16th day of June , A.D., 2004. Mayor Nelson yes Mayor Pro Tem Rice yes. E. ,i issioner McCoy yes 0' Yorn .) loner Neugent yes �`` � /e ( 2 mrss 'ner Spehar yes . '° ), . A , i BOARD OF COUNTY COMMISSIONERS t A tt DANK ,l KOLHAGE, Clerk OF MO OE COUNTY, FLORIDA By_®tc�jr _CA/9 cvrt By Deputy Clerk Mayor/Chairperson jordGMDVeradero MONROE COUNTY ATTORNEY A RO ED AS TO FORM: JOHN R. COLLINS COUNTY ATTORNEY Date 611 O fS x v.1 Documentl 1 06/23/2004 9:43:00 AM • • GOUNTy C ;v : I. C !•0F COUIRY 4y.!- CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE BRANCH OFFICE PLANTATION KEY MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER 3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070 TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145 FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146 July 9, 2004 • Department of State, Bureau of Administrative Code The Collins Building 107 West Gaines Street, Suite L43 Tallahassee, Florida 32399-0250 Certified Mail Receipt #70041160000719745349 Dear Ms. Cloud: Please be advised that at a Regular Meeting in formal session on June 16, 2004, the Board of County Commissioners of Monroe County adopted the following Ordinance: Ordinance No. 015-2004 amending Chapter 5.5 Monroe County Code (Boats, Docks, and Waterways), to delete Sec. 5.5-1(1) the definition of a"No Anchor Zone," to create the definition Sec. 5.5-1(k) of a"motorboat", to modify 5.5-108(D) "No Anchor Zone" to read "Motorboats Prohibited" Zone, and to establish Varadero Beach as a "No Motorboat Zone", providing for severability, providing for repeal of inconsistent Ordinance clauses, providing for incorporation into the Monroe County Code, providing for an effective date. Attached hereto is a certified copy of the subject Ordinance for your handling. Should you have any questions concerning the above, please do not hesitate to contact this office. • Very truly yours, Danny L. Kolhage Clerk of Court and ex-officio Clerk to the Board of County Commissioners Bye_ Isabel C. DeSantis, Deputy Clerk cc: Municipal Code Corporation Growth Management Director Monroe County Commission File County Attorney SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY # II Complete items 1„2,and 3.Also complete A.'Signature item 4 if Restricted Delivery is desired. X GRACIE PENTOZ Agent • Print your name and address-on the reverse a A ;r. R r_ .-r -. ■ -ssee so that we can return the card to you. B. Received by(Printed Name) 'C.' a a Of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1:Article Addressed to: If YES,enter delivery address.below: ❑No Department of State JUL 1 2 2004 Bureau of Administrative Code The Collins Building 107 West Gaines Street, Suite L43 3. S�eceType Tallahassee, Florida 3239'9-0250 1Certifled Mail ❑ Express Mail ❑Registered ❑ Return Receipt for Merchandise ❑Insured Mail . ❑'C.O.D. - 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 1160 0007 1974 5349 (Transfer from service label) PS Form 3811,: U.S, Postal Service,. 102595-02-M-1540 • Dr CERTIFIED MAILTM RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) Ln For delivery information visit our website at www.usps.come OF F ll USE 0-' Postage $ © 33040 N Certified Fee Retum Reclept Fee W? Hem Postmat (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Jcr Total Postage&Fees $ c&Gj s .- j„martmont of Statc Or . ,72oO 1 o Idurnr u of Administrative Code I` ratt•fins Building - /p eairres--Stre-et7--Szrite-L4$ PS Form 3800,June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. S' na re - gent s item.4 if Restricted Delivery is desired. ' / A •• i ❑Addressee ` • Print your name-and address on the reverse ./L/ ✓ so that we can return the card to-you. B. --ceived:�Printed Nance 06 of Delivery • Attach this card to the back of the mailpiece, - ,_ 3 A u ' or on the front if space permits. t� nr Yes D. Is deiive�'address different from 1 1.,Article Addressed to: If YES, er deUVca�y addre b 4 �No ; Municipal Code ----- Corporation BY:- - - -- ------ P. O. Box 2235 Tallahassee, FL 32316-2235 3. SeiteType Certified Mall -0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D.. 4., Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number I 7004 1160 0007 1974 7503 ' (Transfer from service,label) ` Domestic Return,Receipt 102595-o2•M-1540 PSlitt Form 381i1 i Februtal i 1 1)41 1 111 1 41 1 Si U.S. Postal Service,. m ' CERTIFIED MAILTM RECEIPT tri (Domestic Mail Only;No Insurance Coverage Provided) N For delivery information visit our website at www.usps.com®, = F II II L USE IT rl Postage $ — 37 r`- Certified Fee �� ir,.+33040 p Postmark Retue nt Req t Fee �I Her O (Endorsement Required) /, Gs- +j i im Restricted Delivery Fee is �� ..0 (Endorsement Required) `�. $ 5 V� Y � Total Postage&Fees r' `'.,�0 l� o Sent To Municipal Code Corporation ci Street Apt.No.; R-�.-$e•X'2235 or POBox't.Iiahassee, FL 32316-2235 City,State,ZIP+4 PS Form 3800,June 2002 See Reverse for Instructions FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES July 15, 2004 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letters dated July 9, 2004 and certified copIes of Monroe County Ordinance Nos. 01IA-2004, 015-2004, 019-2004 and 020-2004, which were filed in this office on July 12, 2004. Sincerely, ~'b- ~ Liz Cloud Program Administrator LC/mp ~ :r as ." 0 0 ..r::- r- :r: 't> :C,:" c.. f"Tl Or C 0 "1-- r- (") " N .." oe. 0 0 c: :i:: ' ' :::0 :r:. c " :::0 -l (") r-' :< =-I:::: :x f"Tl . . );> ~ ;!J c;; - .. 0 >- ITl N :-0 . 0&- r::;; OSTATE LIBRARY OF FLORIDA R.A. Gray Building. Tallahassee. Florida 32399-0250 . (850) 245-6600 FAX: (850) 488-2746. TOD: (850) 922-4085 . http://www.dos.state.O.us OLEGlSLA TIVE LIBRARY SERVICE o RECORDS MANAGEMENT SERVICES OFLORIDA STATE ARCHIVES (850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894 OADMINISTRATIVE CODE AND WEEKLY (850) 245-6270. FAX: (850) 245-6282 Email Confirmation Page 1 of 2 ~un~.com Municipal Code Corporation P.O. Box 2235 Tallahassee, FL 32316-2235 850-576-3171 Monroe County, FL Code of Ordinances -1979(11270) Supplement 85 Recorded: 7/15/20047:09:20 AM We have received the following material through Hard Copy. Document Adoption Description Ordinance No. 015-2004 6/16/2004 Amending Chap. 5.5, Boats, Docks and Waterways, to delete Sec. 5.5-1 (I)the definition of a "No Anchor Zone", to create the definition Sec. 5.5-1 (k) of a "Motorboat" . Ordinance No. 020-2004 7/6/2004 Declaring an emergency exists and waiving notice by a four- fifths vote, creating Sec. 19-102.5, to prohibit persons from camping on county owned property. Ordinance No. 022-2004 7/14/2004 Correcting Monroe County Code of Ordinances referring to repealed statutes and County Ordinances. . Are you e-mailing us your ordinances? Send them to ords@municode.com . Does your code need a legal review? We can help - e-mail for an estimate . Ask us about electronic supplementation and our newest service N.O.W. posting ordinances in between supplements r-, \D .c( ex:: 0 w -J C. .. <..:) L&.. - 4: ';>: "-.:' - :I;:f-' W z:. -l (.) I- 0: <4 ":..'"':' Z "::J 0: N ':'~ a I .W I.J... !_l..J (.!) . '..:J C ::::l .; u.:: W tCI: "" % .......l ..:r ,':) 0 -- 0;:::;> %: ;_L = <'..l http://intranet.municode.com/B IS/Recording/acknow ledgePrint.asp?j obid=26490&print=tr... 7/29/2004 . 6&0 iAmZEN Or-cl-,'yt Q..,n Ge... 11" 0/ y- ,;loot! The FIorlda Keys Only Dally N_per, Est. 1876 Cooke Communications, LLC Florida Keys Mary Beth Canitano STATE OF FLORIDA Advertising Coordinator PO Box 1800 COUNTY OF MONROE Key West FI 33041 Before the undersigned authority personally appeared Randy G. Erickson, who Office......... .305-292-7777 Extension......... ........x219 on oath says that he is Vice-President of Advertising Operations ofthe Key Fax......... ....305-294-0768 West Citizen, a daily newspaper published in Key West, in Monroe County, mcanitano@keysnews.com INTERNET PUBLISHING Florida; tha e attached copy of vertisemen bei g.a legal notice in the keywest.com matter of keysnews.com fIoridakeys.com key-west. com Web Design Services In the NEWSPAPERS issues of The Citizen Southernmost Flyer Solares Hill nAffiantJurthel"n 8 that the KeyW~t.Citizenisanewspaper published in Key --Big PinltReef'ress Marathon Free Press West, in said Monroe County, Florida and that the said newspaper has Islamorada Free Press Key Largo Free Press heretofore been continuously published in said Monroe County, Florida every Ocean Reef Press Seaport Log and has been entered as second-class mail matter at the post office in Key West, MAGAZINE in said Monroe County, Florida, for a period of 1 year next preceding the first The Menu Home Guide publication of the attached copy of advertisement; and affiant further says that Citizen Local's Guide Paradise he has neither paid nor promised any person, firm or corporation any discount, Keys TV Channel Guide MARKETING SERVICES rebate, commission or refund for the purpose of securing this advertisement for Commercial Printing publication in the said newspaper. Citizen Locals Card 41-~ Direct Mail FLORIDA KEYS OFFICES Printing I Main Facility , Signature of Affiant 3420 Northside Drive Key West, FL 33040-1800 Tel 305-292.7777 Fax 305-294-<1768 Sworn and subscribed before me iliis 3- day of J).j /\tJ citizen@keywest.com ,2004 -> Internet Division 1201 White Slreel{Sulte 103) Key West, FL 33040-3328 Tel 305-292-1880 Fax 305-294-1699 sales@keywest.com - Mary Beth Canitano, Notary Public Middle K.ys OffIce 1 6363 Overseas Hwy Marathon;n (MM 52,5) . 33050-3~ , ,Tel 305-74~766 ' ~.,. 305-743-9977 (q:lVigator@Abridakeys.com J Expires: January 15,2007 Notary Seal Upper ~ Offic~ ._ ...~~~~"~;;;"" MARY BETH CANITANO 8154901 ;__ PO BOX:" '. Islamora L (MM81 :5) ':, /"'~J\Notary Public - State of Florida 33036~ ~.: ti< '~rv1yCommissionExpres.kln15.2007 Tel 305 ~266 ( \~,*r~<~:.~ Commission # DD178046 Fax 305.0&+8411 "..",;,;,>" Bonded By Na!ional Notary Assn. freepress@floridakeys.com '--'-~-'-'>",!,~ Ocean Reef Office 3A Barracuda Lane Key Largo, FL 33037 Tel 305-367-4911 Personally Known x Produced Identification Fax 305-367-2191 Type of Identification Produced .. r~ -:.r --I ... . .. ADOPTION OF COUNTY ORDI- NAt:fCE ~CE IS' HER.EBY-GIVl:N to d .' M IT MAY CONCERN that on Wednesday, June 16,2004, at 3;00 PM at the Marathon Government Center, 2798 Overseas Highway, Second Floor, Marathon, Florida, the Board · of County Commissioners of Monroe County, Florida, intends to consider the adoption of the follow- ing County ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COMMIS- SIONERS AMENDING CHAPTER 5.5-108(d), OF THE MONROE COUNTY CODe ENTITLED "BOATS, DOCKS, AND WATER- WAYS" TO ELIMINATE THE "NO ANCHOR ZONE" REGULATORY CATEGORY AND INSERT A "MO- TORBOATS PROHIBITED" CATE- GORY AND TO ESTABLISH VARA- DERO BEACH AS A MOTOR- BOATS PROHIBITED ZONE. Pursuant to Section 286.0105, Flori- da Statutes, notice is given that if 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 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 ~ "Tl includes the testimony and evidence :z ~ c ~ upon Which the appeal is to be i .If:'" r- ,... f: r"l based. = -.. Cl C"" ~ C r- Copies of the above-referenced ordi- "" -. .." .-' I C") . 0 nance are available for. review at the o~.. \D various public libraries in Monroe C:::::c; ..' :u County, Florida. z:. c ~ ::0 -tC") I ~ :-f;:t r"l Dated at Marathon, Florida, this 24th . );. W ~ day of May, 2004. ~ C') .. 0 r- ,.., w ;0 . DANNY L. KOlHAGE, Clerk of the . 0 I:J Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida May 28 & June 4, 2004 I . 8ltJ-5 . ~ The Florida Keys Only Dally Newspaper, Est. 1876 O~. # Cooke Communications, LLC . r I /1.. a.. rt. C ~ 01 S - ;;;'001- Florida Keys Mary Beth Canitano STATE OF FLORIDA Advertising Coordinator PO Box 1800 COUNTY OF MONROE Key West FI 33041 Before the undersigned authority personally appeared Randy G. Erickson, who Office...... ... .305-292-7777 Extension... ... ... ... .... .x219 on oath says that he is Vice-President of Advertising Operations of the Key Fax...... ... ....305-294-0768 West Citizen, a daily newspaper published in Key West, in Monroe County, mcanitano@keysnews.com INTERNET PUBLISHING Florida; that the atl~f advertisement, being a legal notice in the keywesl.com keysnews.com matter of 170 ;J-Clli-P f1oridakeys.com key-west. com Web Design Services In the Court, was ublished in said newspaper in the NEWSPAPERS issues of The C~izen Southernmost Flyer Solares Hill . . Affiant further -that~he-KeyW.estCitizenis.a newspaper published jnKey u - ------- -----Big Pine Free Press- Marathon Free Press West, in said Monroe County, Florida and that the said newspaper has Islamorada Free Press Key Largo Free Press heretofore been continuously published in said Monroe County, Florida every Ocean Reef Press Seaport Log and has been entered as second-class mail matter at the post office in Key West, MAGAZINE The Menu in said Monroe County, Florida, for a period of 1 year next preceding the first Home Guide publication of the attached copy of advertisement; and affiant further says that C~izen Local's Guide Paradise he has neither paid nor promised any person, firm or corporation any discount, Keys TV Channel Guide MARKETING SERVICES rebate, commission or refund for the purpose of securing this advertisement for Commercial Printing publication in the said newspaper. ~ C~izen Locals Card Direct Mail FLORIDA KEYS OFFICES Printing I Main Facility , Signature of Aftlarrt-- 3420 Northside Drive Key West, FL 33040-1800 Tel 305-292-7777 Fax 305-2~768 citizen@keywest.com Sworn and subscribed before me this--2- day of r!)11.MJ. ,2004 ~ Internet Division 1201 \MlKe Street (Su~e 103) Key West, FL 33040-3328 Tel 305.292-1880 Fax 305.294-1699 sales@keywesl.com Middle Keys Office Mary Beth Canitano, Notary Public 6363 Over.;eas Hwy Marathon, FL (MM 52.5) 33050-3342 Tel 305-743-8766 Fax 305-743-9977 navigator~ridakeys.com Expires: January 15,2007 Notary Seal Upper Keys Office 81549 Old Hwy ...'~~;::"':;:i~" MARY BETH CANITANO PO Box 469 Islamorada, FL (MM81.5) fr'i~O..,NOlmY "bile. S10le 01 "mida 33036-0469 : '" l/.). ~MyCommisdonExrtes.kn 15 ?007 Tel 305-064-2266 ~, ,\" ;.J\: ..' ".~ ,I ,_ Fax 305-064-8411 <;>~?,'~.." Commission # DD178046 freepress@floridakeys.com , ',.""".,. BomJedBvNa'iona:NofarvAssn Ocean Reef Office ,~~'ltS\"""\l!!l'"""""''''',~ ' ' 3A Barracuda Lane Key Largo, FL 33037 Tel 305-367-4911 Personally Known x Produced Identification Fax 305-367-2191 Type of Identification Produced --r ",.", tc .. ...;0, .. ~TIONQI!~ ORDI- NA&E NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, June 16, 2004, at 3:00 PM at the Marathon Government Center, 2798. Overseas Highway, ,Second Floor, Marathon, Florida, the Board of County Commissioners of MOl'lfge County, Florida, intends to COI'leKlElr the adoption of the follow- ing County ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COMMIS- SIONERS AMENDING CHAPTER 5.5-108(d), OF THE MONROE COUNTY CODE ENTITLED "BOATS, DOCKS, AND WATER- WAYS" TO ELIMINATE THE "NO ANCHoR ZONE" REGULATORY CATEGORY AND INSERT A "MO- TORBOATS PROHIBITED" CATE- GORY AND TO ESTABLISH VARA- DERO BEACH AS A MOTOR- BOATS PROHIBITED ZONE. Pursuant to Section 286.0105, Flori- da Statutes, notice is given that if 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 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 CI ""T) includes the testimony and evidence ~ 0 ~ ;= upon which the appeal is to be z )> <- fT1 . . ::0 Z c:: - based. . 0('")""- _ ...., roo' __ ,.., -:'J: .. .." Copies of the above-referenced ordi- ('") ~ 'r' ~ a nance are available for review at the g ~ :;):.. :::0 various public libraries in Monroe Z :x' c::: Z- :::0 County, Florida. ~~~ :x ,." ..)> = c: Dated at Marathon, Florida, this 24th ~ ~ .. ~ day of May, 2004. ~ W CI U1 DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida May 28 & June 4, 2004 _.~---_..- --" -,~."-_...~ - -_._----_._-~-~--------_.._-