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Home My Public Portal About2015-01 Amending section 4-32 _Prohibited Water Activity_ creating a Vessel Exclusion ZoneORDINANCE NO. 2015 -1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 4-32 "PROHIBITED WATER ACTIVITY" CREATING A VESSEL EXCLUSION ZONE WITHIN THE MASHTA FLATS AREA, AS FURTHER DESCRIBED ON EXHIBIT "A;" REPEALING ORDINANCE 2014-5; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mashta Flats is a multi -acre sandbar in the shallow waters of Biscayne Bay located off the Village of Key Biscayne (the "Village"), which is often frequented by boaters; and WHEREAS, people often leave their boats when at the Mashta Flats to wade and swim in the water, which has unfortunately caused accidents and injuries to occur; and WHEREAS, the Village, pursuant to Section 327.46(1)(b), F.S., has the authority to designate a swim area and adopt a vessel exclusion zone within the Village; and WHEREAS, in order to protect the safety of the public, the Village Council desires to create a vessel exclusion zone and designate the Mashta Flats, as further described on Exhibit "A," as a swim area; and WHEREAS, the Village Council hereby finds and declares that adoption of this Ordinance is necessary, appropriate, and advances the public interest. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The preceding "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Section 4-32 of the Village Code Amended. The Village Council hereby amends Section 4-32 "Prohibited Water Activity" as follows: Sec. 4-32. - Prohibited water activity. (1) No owner, operator or Person in command of any Vessel shall permit or operate a Vessel within the area of the Atlantic Ocean, 300 feet east of the Beach from the southern boundary of Crandon Park to the northern boundary of Bill Baggs, Cape Florida State Park, except as authorized by the Village Council. *** No owner. operator or Person in command of any Vessel shall permit or operate a Vessel within the Mashta Flats area within the Village's municipal boundaries as shown on the Mashta Flats Map below.. [add main (43) Vessels used solely for an emergency/sea rescue or for ensuring compliance with local, state, or federal law are excluded from the provisions of this section. Section 3. Repeal of Ordinance 2014-5. The Village Council hereby repeals Ordinance 2014-5 in its entirety. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Conflicts. All ordinances or parts of ordinances, resolution or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 23rd day of January , 2015. PASSED AND ADOPTED on second reading this 10th day of February , 2015. 2 . ad/e‘," CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE ATTORNEY 3 „A a -IP /ric-111/N MA YRA PENA LINDSAY HADONNE 1 1985 NW 88'^ Court • Suite 202 • Dora!, FL. 33172 • ph.: 305.266.1188 • fax: 305.207.6845 • www.hadonne.com • LB7097 N87°28`02"E 184.75' 208.82 N86°07'06"E HADONNE KEY BISCAYNE PARCEL PARCEL 537,131 SQ. FT. 12 ACRES 85g157 X a� N75°r'' R=300.00' R=122.92' L=148.08' L=102.13' Tan=75.58' Tan=54.22' DELTA=28°16'55" DELTA=47°36'32" Land Surveyors and Mappers 3D Mappers GPS / GIS Services Subsurface Utility Surveyors N89°5332°E -rA6 116.36' F HADONNE 11985 NW 88t Court • Suite 202 • Dora!, FL. 33172 • ph.: 305.266.1188 • fax: 305.207.6845 • www.hadonne.com • L87097 (407) 398-0153 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - MEETING 2/10/15 ORDINANCE AMENDING SECTION 4-32, ETC. in the XXXX Court, was published in said newspaper in the issues of 01/29/2015 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advert for publication in the said newspaper. Swom to scribed before me this 29 day of JANUfj.!/ , A.D. 2015 (SEAL) MARIA MESA`perrfcfnally known to me ff, � i:',7 "kz;: MERCEDES ZALDIVAR MY COMMISSION #FF029736 EXPIRES June 20. 2017 FlcridaN otar; Service.com VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, February 10, 2015 at 7:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 4-32 "PROHIBITED WATER ACTIVITY" CREATING A VESSEL EXCLUSION ZONE WITHIN THE MASHTA FLATS AREA, AS FURTHER DESCRIBED ON EXHIBIT "A;" REPEALING ORDINANCE 2014-5; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F. S. 286.0105). Comments of any interested party relative to this matter may be submitted in wilting and or presented in person at the public hearing. Conchita H. Alvarez, MMC Village Clerk 1/29 15-4-67/2400962M