Item N2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
November 20, 2001
Division:
County Attorney
Bulk Item: Yes 0 No 0
AGENDA ITEM WORDING:
Approval to advertise an ordinance prohibiting the owners of real property from causing,
suffering or permitting trees or other vegetation from their property to interfere with
vessels traveling upon navigable canals.-
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes 0 No 0
APPROVED BY:
County Attorney - OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL:~ ~;;~
JA T, H DRIC
DOCUMENTATION: Included 0 To Follow 0 Not Required 0
AGENDA ITEM #
/-~
Mayor George Neugent
ORDINANCE NO
- 2001
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, PROVIDING FOR DEFINmONS;
PROHIBITING THE OWNERS OF REAL PROPERTY FROM CAUSING,
SUFFERING OR PERMITTING TREES OR OTHER VEGETATION FROM THEIR
PROPERTY TO INTERFERE WITH VESSELS TRAVELING UPON NAVIGABLE
CANALS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES: AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Definitions,
a) Navigable canal means a canal which is navigated by a vessel
as part of a journey or ride to or from the marginal sea adjacent to the
State of Florida and the high seas.
b) Owner means any part owner, tenant in common, tenant in
partnership, joint tenant or tenant by the entirety, with legal or beneficial title to
the whole or to part of real property.
c) Vessel is synonymous with boat as referenced in Art. 7, Sec. l(b),
Fla. Cons't. (1968), and includes every description of watercraft, barge, and
airboat, other than a seaplane on the water, used or capable of being used as a
means of transportation on the water,
Section 2. Prohibition on Causing or Permitting Trees to Interfere With Vessels
Upon Navigable Canals.
No owner may cause, suffer, or permit a tree, trees or other vegetation, to grow,
or otherwise extend, from his or her real property into or over a navigable canal in such
a way or manner as to constitute a navigational hazard to, or to interfere with, vessels
engaged in a journey or ride upon the navigable canal.
Section 3. Penalties for violation.
a) Pursuant to Sec. 125.69(1), Fla. Stat., violations of this ordinance
shall be prosecuted in the same manner as misdemeanors are prosecuted. Such
violation shall be prosecuted in the name of the state in a court having jurisdiction
of misdemeanors by the prosecuting attorney thereof and upon conviction shall be
punished by a fine not to exceed $500 or by imprisonment in the County jail not
to exceed 60 days or by both fine and imprisonment.
b) Violations of this ordinance shall also be punished by prosecution
before the Code Enforcement Special Master as provided in Chap. 6.3, Art. I,
Monroe County Code, and Chap. 162, Fla. Stat., or by prosecution pursuant to the
citation and civil infraction procedure of Chap. 6.3, Art. II, Monroe County Code,
and Chap. 162, Fla. Stat.
c) This Ordinance may also be enforced through any lawful procedure or
process available to the County for the enforcement of its ordinances, including by
way of illustration and not limitation, suits for injunctive relief.
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 or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 7. This ordinance shall take effect immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida that this ordinance
has been filed with said Office.
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
2001.
Commissioner George Neugent
Commissioner Charles McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Nora Williams
(SEAL)
Attest: DANNY LKOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
jdorclcanaltrees
B