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HomeMy Public PortalAbout1993-18 Prohibiting the operation of vessels in designated areasORDINANCE NO. 93-18 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PROHIBITING THE OPERATION OF VESSELS IN DESIGNATED AREAS; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, this Council wants to restrict vessels in certain areas of the Atlantic Ocean east of the Village in order to protect bathers from possible injury; and WHEREAS, the Village wants to place signs in the water designating no boating zones in order to notify boaters of the restrictions the Village has imposed; and WHEREAS, permits and approvals are required from the State of Florida in order to place necessary signs in the ocean; and WHEREAS, the State of Florida has required the Village to designate by ordinance restricted areas; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Code of the Village of Key Biscayne, Florida is amended by adding a new section which section shall read as follows: SECTION . Sec. 1. Definitions. For the purposes of this Ordinance, the following terms, phrases, words and derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory: a. "Beach" shall mean the soft sand portion of land lying landward of a seawall or line of permanent vegetation and landward of the mean high water line. b. "Operate" shall mean to navigate or otherwise use any vessel in, on or under the water. c. "Person" shall mean any individual, partnership, firm, corporation, association or other entity. d. "Vessel" shall mean a motor -propelled or artificially -propelled vehicle and every other description of boat, including sailboats, watercraft, barge, and airboat other than a seaplane on the water, used or capable of being used as a means of transportation on water including personal watercraft, a class A-1 and A-2 vessel as defined by state law which uses an outboard motor, or an inboard motor powering a water jet pump, as its primary source of motive power and which is designated to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the Vessel. This term shall not include rafts, floats or floatation devices, whether of canvas, vinyl, rubber, styrofoam or other substance, intended or capable of assisting in the floatation of a person on or in the water. Sec. 2. Prohibited Water Activity. No owner, operator or Person in command of any Vessel shall permit or operate a Vessel within the area of the Atlantic Ocean, 500 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 Manager. Sec. 3. Enforcement. The provisions of this Ordinance shall be enforced by members of all duly authorized law enforcement agencies within the Village. Sec. 4. Penalties. Violation of the provisions of this Ordinance, or failure to comply with any of the requirements, shall constitute a non -criminal infraction. Any person who violates this Ordinance or fails to comply with any provisions shall, upon conviction thereof, be fined or imprisoned, or both, as provided by law, and in addition shall pay all costs and expenses involved in the case. In the alternative, a citation may be issued pursuant to the procedures set forth in Sections 327.73 and 327.72, Florida Statutes. Section 2. 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 3. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "Ordinance" may be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this October , 1993. PASSED AND ADOPTED on second reading this October , 1993. ATTEST: 12th day of 26th day of RAFAEL I. CONTE, MAYOR GUIDO INGUANZO, Village Clerk 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY 44 Richar Jay Weiss, Village Attorney MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Super- visor, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE SECOND READING OF ORDINANCES ON OCTOBER 26, 1993 in the X X X Court, ,oas published in said newspaper in the issues of October 15, 1993 Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said 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 Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant furt er says that she has neither paid nor promised any on, m or corporation any discount, rebate, commis - r refu • for the purpose of secu - g this advertise y�� r publ ation in the said ne Sworn to and subscribed before me this OctobeF , A.D. 19 93 (SEAL) Octelma V. Ferbeyre person ICIAL N e ARY AGNES F. PENA ilia6VAtIterALIC STATE OF FLORIDA COMMISSION NO. CC 172108 MY COMMISSION EXP. AN. 6,1996 VILLAGE OP KEY BISCAYNE PUBLIC NOTICE Notice is hereby given that the following ordinances wiiil be considered on Second Reading by the Key Biscayne Village Coun- cil -at a meeting to be held on Tuesday, October 26, 1993, at 7:00 p.m., in the Council Chamber, at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1992-1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROHIBITING THE OPERATION OF VESSELS IN DESIGNATED AREAS; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PEN- ALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABUSHING THE REGULATIONS BY WHICH THE VILLAGE SHALL REGULATE BASIC TIER RATES; AUTHORIZING THE FILING OF COMPLAINTS WITH THE FEDERAL COMMUNICATIONS COMMISSION FOR OTHER TIERS OF SERVICE; AUTHORIZING THE ENFORCEMENT OF FEDERAL CABLE TELEVISION CUSTOMER SERVICE OBLIGATION RULES WITHIN THE VILLAGE; ESTABLISHING RECOGNITION OF AND COMPLIANCE WITH ALL REGULATIONS CURRENTLY OR HEREAFTER ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Interested parties are invited to appear and be heard. Copies of the proposed ordinances may be obtained at Village Hall, Office of the Village Clerk, 85 West McIntyre Street, Key Biscayne, Florida 33149. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meet- ing, that person shall insure that a verbatim record of the pro- ceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Guido H. Inguanzo, Jr. Village Clerk 10/15 93-4-101512M