Sponsored by: IIcmstadt Il1troductioll Date: ,June 25, 20B Public Hearing Dates: ,lime 25, 20B ,Iuly 9, 20B Enactment Date: July 9, 2013 CITY OF MARATHON, FLORIDA ORDINANCE 2013-()7 AN ORJ)lNANCE OF nm CITY OF MARATHON, j,'LORlDA REPEALING ORDINANCE 20U-OS ANI) ADOPTING BY REFERENCE MONROE COUNTY ORDINANCE 036-2012; PROVIDING FOR THE REPEAL OF ALL CODE PROVISIONS AND ORDINANCES INCONSISTENT WITH THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSET DATE WHEREAS, the Florida Legislature provided direction to the Florida Fish and Wildlife Conservation Commission ("FWC"), in consultation with the Florida Department of Environmental Protection, to establish a Pilot Program to explore potential options j()r regulating the anchoring or mooring of non-liveaboard vessels outside the marked boundaries of public mooring f1clds (Section 327 Al OS, Fla. Stat. a/k/a the "Pilot Program")); and WHEREAS, the City of Marathon, Florida adopted Ordinance 2012-05, which amended Chapter 36 of the City's Code, "Anchoring and Mooring Restricted Areas" to implement the Pilot Program; and WHEREAS, Ordinance 2012-05, is intended to implement the Pilot Program whose goals are to encourage the establishment of additional public mooring fields and to develop and test policies and regulatory regimes that, promote the establishment and use of mooring fields, promote public access to the waters of the state, enhance navigational safety, protect maritime infrastructures, protect the marine environment, and deter improperly stored or abandoned vessels; and WHEREAS, FWC has advised the City that under the current time constraints established by the State Legislature, Ordinance 2012-05 will likely not be approved by the FWC before the expiration of the Pilot Program; and WHEREAS, FWC has further advised the City that as an alternative to Ordinance 2012- 05, the City may adopt by reference Monroe County's Ordinance 036-2012 which, by lnterloeal Agreement, includes areas of the City generally encompassing Boot Key Harbor; and WHEREAS, adopting Monroe County Ordinance 036-2012, by reference, does not grant Monroe County any additional powers or authority within the City'S jurisdictional boundaries, but rather grants to the Monroe County Sheriffs Office, FWC, and other appropriate law enforcement agencies enforcement authority of the regulations established by the City 111 furtherance of the Pilot Program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THAT: 1 Section 1. The above recitals are true, correct, and incorporated herein by this reference. Section 2. Ordinance 20 12-05, City of Marathon, Florida is hereby rescinded. Section 3. Monroe County Ordinance 036-20 12, attached as Exhibit "A" and incorporated herein by this reference is hereby adopted and may be enforced within the jurisdiction of the City by the Monroe County Sheriffs Offi ce, FWC, and other appropri ate law enforcement agencies. Section 4. The Provisions of the Marathon Code and all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. The provisions of this Ordinance are declared to be severable, and if any sentence, section, clause or phrase of this Ordinance shall , for any reason, be held to be invalid or unconstitutional, such deci sion shall not affect the validity of the remaining sentences, sections, clauses or phrases of the Ordinance, but they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 6. This Ordinance shall be effecti ve immediately upon approval. Section 7. The FWC Pilot Program is scheduled to expire on July I, 2014, unless extended by the Florida State Legislature. Accordingly, this Ordinance shall sunset and expire concurrently with the FWC Pilot Program. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THIS 9th DAY OF JULY, 2013. THE CITY OF MARATHON, F ORIDA I / Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, and deletions are shown as strikethro ugh. 2 AYES: Snead, Ramsay, Bull, Keating, Cinque NOES: None ABSENT: None ABSTAIN: None ATTEST: })lCt\Q" ffi~ L Diane Clavier, City Clerk (City Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIAN E THE CITY OF MARATHON, FLORIDA ONLY: 3 EXHIBIT A 4 1 2 ""~ ~, 3 "~j 'J 4 (""").... ~::-J 5 ,..) 1 ::J I.::J --; 6 , 7 ~ .,--:J 8 '!? ", 9 ORDINANCE NO. 036 • ZOU C,J .~J 10 .:::-- 0 I ! 12 AN OI.U>INANCE BY THE MONROE COUNTY BOARD OF 13 COUNTY COMMISSIONERS AMENDING CHAI.'TER 26 14 OF THE MONROE COUNTY CODE (WATERWAYS) TO 15 PROVIDE FOR "ARTICLE V ANCHORING AND 16 MOORING RESTRICTED AREAS"; PROVIDING FOR 17 SEVERABILITY; PROVIDING FOR REPEAL OF 18 INCONSISTENT PROVISIONS; PROVIDING FOR filLING 19 AND AN EFFECTIVE DATE; PROVIDNG FOR 20 CODIFICATION; PROVIDING FOR AN EXPIRATION 21 DATE. 22 23 24 WHEREAS, in 1992 the Monroe County Department of Marine Resources prepared The 25 Boating Impacts Management Plan Final Report which documented liveaboard vessel 26 impacts associated with unmanaged anchorages throughout the Keys; and 27 28 WHEREAS, in 2002 the Monroe County Department of Marine Resources prepared a 29 Keys- Wide Mooring Field System Preliminary Planning Document which included an 30 evaluation of anchorages throughout the Keys including Boca Chica Harbor, Cow Key 31 Channel, and Key West Harbor (Le. Wisteria IslandIFleming Key area) and recognized 32 the need to address negative boating impacts associated with those wunanaged 33 anchorages; and 34 35 WHEREAS, in 2008 the Monroe County Marine Resources Office prepared the 36 Development of a Boating Management Plan for the Boca Chica Harbor Area which 37 evaluated a variety of boating impacts in that anchorage area and provided options for 38 managing anchoring activity. but recognized the lack of authority (at that time) provided 39 to the County to regulate vessels other than liveaboard vessels; and 40 41 WHEREAS, in 2009 the Florida Legislature directed the Florida Fish & Wildlife 42 Conservation Commission (FWC), in consultation with the Florida Department of 43 Environmental Protection, to establish a Pilot Program to explore potential options for 44 regulating the anchOring or mooring of non-liveaboard vessels outside the marked 45 boundaries of public mooring fields (327.4105 F.S.); and 46 1 47 WHEREAS, the goals of the Pilot Prograrn are to e!lCDmage the establishment of 48 additional public mooring fields and to develop and test policies and regulatory regimes 49 that: promote the establishment and use of mooring fields, promote public access to 50 waters of the state, enhance navigational satety, protect maritime infrastructure, protect 51 marine environment, and deter improperly stored, abandoned or derelict vessels; and 52 53 WHEREAS, in November 2009 Monroe County sent a Letter of Interest to FWC to 54 participate in the Pilot Program in partnership with the Cities of Marathon and Key West, 55 each of which operate public mooring fields; and 56 57 WHEREAS, the Montoe County Board of County Commissioners entered into lnter- 58 local Agreements with the Cities of Marathon and Key West on February 17, 2010 59 providing for coordinated partnerships in the FWC Pilot Program; and 60 61 WHEREAS, the Montoe County Marine Resources Office retained consultants to 62 complete vessel surveys inside and outside of public mooring fields at Key West and 63 Marathon and in the anchorage at Boca Chiea basin, and conducted stakeholder 64 workshops to take public input on anchoring and mooring issues and potential regulatory 65 regimes, in accordance with the criteria of the FWC Pilot Program; and 66 67 WHEREAS, FWC staff evaluated Monroe County's vessel surveys, considered public 68 input provided at stakeholder workshops, and provided a recommendation to the FWC to 69 approve Monroe County for partiCipation in the Pilot Program; and 70 71 VVI:IEREAS, at its February 2011 meeting the FWC approved Monroe County as one of 72 five local governments in the state to participate in the Pilot Program, including st. 73 Petersburg, Sarasota, St. Augustine and Martin County; and 74 75 WHEREAS, the Montoe County Marine and Port Advisory Committee and the Monroe 76 County Board of County Commissioners held numerous public meetings from 2009 to 77 the present to discuss, and take public input on FWC Pilot Program objectives, anchoring 78 impacts in untnanaged Keys anchorages, and viable solutions to address those anchoring 79 impacts; and 80 81 WHEREAS, the Montoe County Board of County Commissioners provided direction at 82 its September 21, 2011 meeting for staff to draft an anchoring ordinance to provide for 83 managed anchOring zones with accompanying regulations, and to coordinate with the 84 Cities of Marathon and Key West for the inclusion of ordinance language providing for 85 anchoring regulations in association with their respective mooring fields; and 86 87 WHEREAS, at the September 21, 2011 Montoe County Board of County 88 Commissioners meeting the Board received a request from a representative of Wisteria 89 Island to have Key West harbor included as a managed anchoring zone, and the Board 90 approved the inclusion of that area as a managed anchoring zone; and 91 2 92 WHEREAS, the Monroe County Board of County Commissioners provided additional 93 direction at its January 19, 2012 meeting for the anchoring ordinance to provide