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