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Home My Public Portal About1994-04 Prohibiting the operation of vessels in designated areasORDINANCE NO. 94-4 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 COUNCIL OF 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, 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 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 2 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 10th day of May , 1994. PASSED AND ADOPTED on second reading this 14th day of June 1994. a o.,,-„,1)<, FESTA, Mayor GUIDO I UANZO, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY 1-7 RICHARD JAY WEISS, Village Attorney -3 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 Supervisor, 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 Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING 6/14/94 RE: AN ORD. PROHIBITING THE OPERATION OF VESSELS IN DESIGNATED AREAS, ETC. e XX X X4i3C X Court, published in said newspaper in the issues of Jun 31 1994 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 further says that she has neither pa nor promised any pers • , it or corporation any dis - nt, rebate, commissi • - • r • fund or the purpose of se • rin • his advertise f • public tion in the said new p is Sworn to and subscribed-before.m 3 J da of (SEAL) Octelma V. Fe 4 Nadi* is -thatI tlae I wig.- and!nll e w llli► e awed;oft S4aa id F by' i e ` Gey Stabayne,VIIIege Doted at a T. -Meeting b held eitiTheaday. .hire 14, 19$4,3*t 7:OM PAM, In the CounaChantatei1146 hAdntyre Wed, Second Rom Key'Bi- Awrinommint TwawaPRt' 11 E" r BI�TIN1m IONDFVESSEIS IN DE GNM L : RDEFINgl 1s; PROVID NG fOR ;- �Nt i>1M1: XES; Ifl i t MI - THE CODE AND AN EFFECTIVE DATE. 3... , Wended >rlrs d ktaigiear and . r F s afi the �Uo� ?'bs at V' Iage-f l#t t 11 t Ntelnirolibeet.. key Bi 33149. A " " SI:A.. PEENA N • „(1 .LIC STATE OF FLORIDA COMMISSION NO. CC 172;08 MY COMMISSION EXP. . 6 19% 8h ► Oak, to . Coundi voktileSPierki anylnatter that *+e r► -i made teletfrrtN my-i and maybe based .S.-286.000),- yre personally knowtljAX4.4,_ ,,_ Guido H, raga • any, 10,41m010401,