Third Reading September 18, 2001
AN ORDINANCE OF THE CITY OF KEY WEST, FLORIDA, AMENDING
CHAPTER 42 OF THE CODE OF ORDINANCES ENTITLED "VESSELS AND DOCKING" BY
ADDING SECTION 42.14 TO ESTABLISH A "KEY WEST MARINE PARK" WITHIN THE
JURISDICTIONAL WATERS OF THE CITY; ESTABLISHING SWIM ZONES AND PROHIBITING
MOTORIZED VESSELS IN THOSE ZONES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Commission desires to establish a "Key West Marine
Park" within 600 feet from shore in an area of the oceanside of the island
from approximately Duval Street to White Street Pier; and
WHEREAS, the purposes of the park are to provide a safe swimming area, to establish a no-motor zone, to provide lanes for watercraft to travel to and from the shore, and to protect the coral reef ecosystem and its inhabiting species within the area; and
WHEREAS, the City Commission finds that because the City of Key West's jurisdiction extends 600 feet from the shore, it has the responsibility when establishing the Key West Marine Park also to establish restrictions on boating in the area; and
WHEREAS, the City Commission finds that the establishment of a "Key West Marine Park" would promote the health, safety and welfare of the citizens of Key West and enhance protection for the coral reef ecosystem within the boundaries of Key West.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF KEY WEST, FLORIDA:
Section 1: That section 42.14 is hereby added to the Code of Ordinances as follows:
Sec. 42.14 Key West marine park; established.
(a) There is hereby established the "Key West Marine Park." It shall be located within an area reserved for swimming to be identified by demarcation buoys (the "swim areas"). The legal description of the swim areas is attached to and made a part of this ordinance in Exhibit "A." A map of the swim areas shall be kept on file and be available for inspection in the city clerk's office. No motorized vessels shall operate in the swim areas.
(b) The City shall designate lanes for motorized vessels for ingress to and egress from the shoreline. The legal description of the two lanes ("Entry Lane One" and "Entry Lane Two") is attached to and made a part of this Ordinance in Exhibit "A." A map of such lanes shall be kept on file and be available for inspection in the city clerk's office. Vessels operating within these lanes shall operate at a idle speed, creating no wake.
(c) Violations of this section are punishable in accordance with section 42.12.
Section 2. If any section, provision, clause, phrase, or application of this
Ordinance is held invalid or unconstitutional for any reason by any court of
competent jurisdiction, the remaining provisions of this Ordinance shall be
deemed severable therefrom and shall be construed as reasonable and necessary to
achieve the lawful purposes of this Ordinance.
Section 3. All Ordinances or parts of Ordinances of said City in conflict with the provisions of this Ordinance are hereby
superseded to the extent of such conflict.
Section 4. This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the Commission.
Read and passed on first reading at a regular meeting held this day of _______________, 2001.
Read and passed on final reading at a regular meeting held this day of ______________, 2001.
Authenticated by the presiding officer and Clerk of the Commission on day of ______________, 2001.
Filed with the Clerk ____________________, 2001.
JIMMY WEEKLEY, MAYOR
CHERYL SMITH, CITY CLERK