HomeMy Public PortalAbout2019-12 Amending section 22-31 West Mashta Road Bridge to prohibit fishing from the West Mashta Road BridgeO R D I N A N C E N O . 2 0 1 9 -1 2
A N O RD I N A N C E O F T H E V IL L A G E O F KE Y B I S C A Y N E ,
F L O RI D A , A M E N D I N G S E C T I O N 2 2 -3 1 "W E S T M A S H T A
R O A D B R I D G E " T O P R O H IB I T F I S H I N G F R O M T H E
W E S T M A S H T A R O A D B R ID G E ; P R O V ID IN G F O R
S E V E RA B I L I T Y ; P R O V ID IN G F O R C O D I F I C A T IO N ;
P R O V I D I N G F O R C O N F L I C T S ; A N D P R O V ID I N G F O R
A N E F F E C T I V E D A T E .
W H E RE A S , Section 22-31 of the Village of Key Biscayne (the "Village") Code of
Ordinances (the "Village Code") currently restricts uses and activities on the West Mashta Road
Bridge; and
WHEREAS, the Village Council desires to amend the Village Code to further clarify
permitted uses and activities; and
WHEREAS, the Village Council finds that adoption of this Ordinance is in the public
health, safety, and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: 1
Section 1.
incorporated herein by this reference.
Recitals. That the above-stated recitals are true and correct and are
Section 2. Amending Village Code. That Section 22-31, "West Mashta Road
Bridge" of the Code of Key Biscayne, Florida, is hereby amended to read as follows:
Sec. 22-31. - West Mashta Road Bridge.
No person shall engage in or participate in saltwater fishing activities on the West Mashta Road
Bridge, unless authorized by a resolution adopted by the Village Council.
(a) Definitim~s. When used in this section, the following 1.vords shall mean as indicated:
Bridge as used herein means the West Mashta Road Bridge owned by the Village of Key
Biscayne.
Bridge Use Permit as used herein means a permit issued by the Village pursuant to this
section.
Saltwater Fishing Acti..,.ities or Fishing Activities as used herein means those fishing
activities 1.vhich the Village is authorized to regulate or prohibit pursuant to F.8. §
370.102.
1 C oding: 8trikethr01:1gh w ords are deletions to the existing w ords. Underlined w ords are additions to the existing w ords. C hanges
betw een fir st and second reading are indicated w ith highlighted r,hiu lll~ stril:e tlmrn gh and double underline
Vi U age Representative as used herein means a Bridge attendant, Village police officer,
Village code enforcement officer or designee of the Village Manager.
(b) Use; Prohibitions.
(1 ) The Bridge may be utilized for the direct passage of vehicles and pedestrians, m
accordance with the law.
(2) No person shall engage in or participate in 8altvrater Fishing Activities at the Bridge,
unless such person has in their possession a cun-ent and valid Bridge Use Permit issued
by the Village to such person or is a guest of a Village resident who has in such Village
resident's possession such Bridge Use Permit.
(3) No person shall occupy the Bridge under circumstances in which such occupancy
\Vould e>rneed the occupancy limits established in subparagraph (d) belovr.
(4) A.ny person who is violating any of the restrictions of this section may be advised by a
Village Representative to immediately comply with such restriction or to leave the
Bridge and shall be warned that the failure of such person to comply or to leave the
Bridge shall constitute trespass on Village property as proscribed by F.8. §§ 810.08
and/or 810.09. Upon such non complying person's willful failure to leave the Bridge, he
or she shall be subject to enforcement of the provisions of the above cited Florida
8tatutes prohibiting trespass after warning.
(5) In the event that any person is cited by a Village code enforcement officer or police
officer for a violation of the restrictions of this section, upon two or more occasions
within any one year period of time, the Village Manager or her designee may bar such
person from any further use of the Bridge, except for simply passing over such Bridge
without engaging in any Fishing Activities or other activities thereon, for a period of up
to one year, by providing 'Nritten notice thereof by Certified Mail, Return Receipt
Requested, addressed to such person at such person's last known address or at an
address previously furnished by such person to the Village or to a Village
Representative or by \Vritten notice personally served upon such person by hand
delivery. After such notice, if such person shall willfully enter upon or remain at the'
Bridge, (other than simply passing over such Bridge without engaging in any Fishing
Activities or other activities thereon), he or she shall be subject to the enforcement of
the provisions of F.8. §§ 810.08 and/or 810.09, prohibiting trespass after ',Naming.
(6) No person v,rlw has received a Written notice from the Village Manager or her
designee in accordance with paragraph (b)(5) above, shall thereafter enter upon or
remain at the Bridge (other than simply passing over such Bridge without engaging in
any Fishing Activities or other activities thereon) during the period for which such
person has been barred from the Bridge.
(c) Bridge Use Permits. Bridge Use Permits (the "Permit") shall be issued and administered in
accordance vrith the requirements of subparagraph ( 1) through (8) as follows:
( 1) Permits shall be issued by the Village upon application and payment of fees, in two
classifications, to wit:
a. For residents of the Village;
b. For non residents of the Village.
2
(2)
(3)
(4)
(5)
3
(d ) Occupancy restrictions. No more than 18 persons may utilize the Bridge for Fishing
Activities at the same time. Residents of the Village, possessing a valid Permit issued
pursuant to this section, shall have a preference over non residents for use of the Bridge for
Fishing Activities under circumstances in 1Nhich occupancy of the Bridge exceeds
occupancy restrictions provided herein.
(e) Special events permits: In the event that a group of persons desire to utilize the Bridge for
Fishing Activities, the Village Manager may issue a Special Event Permit pursuant to the
provisions of Village Code section 17 5 requiring the issuance of a special events permit
shall be applicable.
(f) SanitGlry restrictions. No person engaging in Fishing Activities at the Bridge shall leave or
cause to be left at the Bridge any fish remains, bait, fish tackle or other related debris before
leaving the Bridge.
(g) Signage required. The Village Manager shall provide for the installation of signage at the
Bridge warning of the Permit requirement provided by this section.
(h) Hours e>f use: Saltv,ater Fishing Activities or Fishing Activities at the Bridge shall be
limited to daylight hours between sunrise and sundovm.
(i) Exonptions. This section shall not be construed to prohibit the simple, direct passage of
vehicles or pedestrians over the Bridge in accordance with law.
***
Section 3. Severability. That 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 4. Codification. That 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
Village's Code of Ordinances, and that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section
or other appropriate word.
Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or parts
of resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall become effective immediately
upon final adoption on second reading.
PASSED on first reading on the 15th day of October, 2019.
PASSED AND ADOPTED on second reading on the 29th day of October, 2019.
4
6 '_f)w .
MICHAEL W. DA VEY
MAYOR
ATTEST:
VILLAGE ATTORNEY
5
M IA M I D A IL Y B U S IN E S S R E V IE W
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLO RIDA
CO UNTY O F M IAM I-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIR_ECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review f/k/a Miami Review, a da1·1y s (except
atu_rday, Sunday and Legal Holidays) newspaper,
published at M1am1 m Miami-Dade County, Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
VILLAGE OF KEY BISCAYNE. ORDINANCE - MEETING - OCT
29, 2019 .
in the XXXX Court,
was published in said newspaper in the issues of
10/18/2019
. 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 b_een . entered as second class mail matter at the post
office m M1am1 m 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 advertisement for publication in the said
newspaper.
VILLAGE OF KEY BISCAYNE
· OFFICE OF THE VILLA GE CiERK
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
~eeting to be held on Tuesday, October 29, 2019 at 6:00 p.m., in the Council
Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florid!!:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING SECTION 22-3f "WEST MASHTA ROAD BRIDGE" TO
PROHIBIT FISHING-FROM THE WEST MASHTA ROAD BRIDGE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
FOR CONFLICTS; ~ND 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 Ordinances, 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
writing and or presented in person at the public hearing.
10/18
Jennifer Medina, CMc·
Village Clerk
19- 71 /0000432132 M
GUILLERMO GARCIA personally known to me
•• -;~~:;_'if~¥,:•.. BARBARA THOMAS ,.,. ' ,b, C . . # ~G 121171 f .[ ~ ':-1 ,omr.i1ss1on G
,:-:,-~•~"f l:xpifes November 2, 2021
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