ORDINANCE NO. 02-_____
AN ORDINANCE OF ISLAMORADA, VILLAGE OF
ISLANDS, FLORIDA, CREATING A NEW SECTION OF
THE VILLAGE CODE PROHIBITING DIVING AND
SNORKELING WITHIN NAVIGABLE CANALS, BASINS,
AND WITHIN 300 FEET OF RESIDENTIAL SHORELINES
DURING THE ENTIRETY OF THE TWO-DAY SPORT
SEASON FOR SPINY LOBSTER; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 2000-408, Laws of Florida, authorizes the Village to exercise its
police powers 1,200 feet into the tidal waters adjacent to its corporate limits to regulate “the
abatement of nuisances, the enforcement of sanitary laws and regulations, the regulation of
zoning, and the suppression of crime;” and
WHEREAS, the Marine Fisheries Department of the Florida Fish and Wildlife
Conservation Commission authorizes a two-day sport season each year for the harvesting of
spiny lobster; and
WHEREAS, the Village Council finds that the increased diver and boat traffic in the
navigable canals, basins and residential shorelines during the two-day sport season presents
heightened public safety problems not generally applicable at other times of the year; and
WHEREAS, the Village Council finds and declares these public safety problems to
constitute a public nuisance, detrimental to the community as a whole, due to the level of
policing and emergency services required to respond to accidents and collisions that occur
because of the close proximity of divers and boat traffic in small areas; and
WHEREAS, the close proximity of divers to public and private property, as well as their
interaction and exploration of docks, piers, and bulkheads in search of spiny lobster, leads to
unnecessary destruction of property and deleterious environmental effects; and
WHEREAS, the Village Council declares this unnecessary destruction of property and
the deleterious environmental effects caused in the navigable canals, basins and along residential
shorelines to be a public nuisance; and
WHEREAS, the Village Council finds and declares that the interaction of divers with
publicly and privately owned docks, piers, and bulkheads, in the canals, basins, and along
residential shorelines, additionally constitutes the crime of trespass under state law; and
WHEREAS, the Village Council finds that the prohibition of diving and snorkeling does
not intrude upon the Florida Fish and Wildlife Conservation Commission’s jurisdiction over the
harvesting of spiny lobster and in fact furthers the Commission’s stated intent of protecting and
conserving Florida’s spiny lobster resources.
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, AS FOLLOWS:1
Section 1. Recitals. The above recitals are true and correct and are incorporated herein
by this reference.
Section 2. Amendment to the Code. Section _____ of the Village Code is created to read
as follows:
Sec. . Diving and snorkeling restricted during the two-day sport lobster season.
. Diving and snorkeling prohibited.
1/
Additions to existing test are shown by underline, deletions are shown as strikethrough.
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It is a public nuisance and unlawful for any person to dive or snorkel
in any navigable canal, basin, or within 300 feet of a residential
shoreline during the entirety of the two-day sport lobster season. A
map reflecting the boundaries of the prohibited areas shall be
available at the Village Hall for reference by the public and shall be
incorporated by reference into this ordinance as Appendix A. The
boundaries of the prohibited areas shall be marked by signs on the
shoreline at the mouth of any navigable canal or basin. Signs and
buoys indicating the boundaries of the prohibited areas that extend to
the open ocean shall be provided in accordance will the applicable
state and federal laws and regulation.
. Penalties.
A violation of Sec._____ may be enforced by issuance of a citation,
summons, notice to appear in county court, arrest as provided in
Chapter 901, Florida Statutes, or in accordance with Article III of
Chapter 2 of the Village Code, and punishable by a fine not to
exceed $500.00. Nothing contained herein, however, shall prohibit
the Village from enforcing Sec. ____ by any other lawful means.
Section 3. Repeal Of Conflicting Provisions. Any provision of the Code that conflicts
with this Ordinance is hereby repealed.
Section 4. Severability. The provisions of this Ordinance are declared to be severable and
if any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases
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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 5. 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 a part of the Islamorada, Village
of Islands, Florida Code of Ordinances; that the sections of this Ordinance may be renumbered or
re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 6. Effective Date. This Ordinance shall be effective immediately upon its adoption
on second reading.
The foregoing Ordinance was offered by Councilmember _______________, who moved
for its adoption on first reading.
This motion was seconded by Councilmember
__________________, and upon being put to a vote, the vote was as follows:
Mayor Mark H. Gregg
Vice Mayor Michael Forster
Councilmember George Geisler
Councilmember Robert Johnson
Councilmember Chris Sante
PASSED AND ADOPTED on first reading this ____ day of _____________, 2002.
The foregoing Ordinance was offered by Councilmember
moved its adoption on second reading.
,
who
The motion was seconded by Councilmember
____________________, and upon being put to a vote, the vote was as follows:
Mayor Mark H. Gregg
Vice Mayor Michael Forster
Councilmember George Geisler
Councilmember Robert Johnson
Councilmember Chris Sante
PASSED AND ADOPTED on second reading this day of
4
, 2002.
ATTEST:
MARK H. GREGG, MAYOR
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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