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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 '•,;f.iir.if;?~··· B~nded Thru Troy Fain Insurance 800-385-7019