§ 26-217. Prohibitions.  


Latest version.
  • (a)

    All legal and natural persons are prohibited from mooring, anchoring, or otherwise indefinitely or permanently affixing, a floating structure upon, or to, waters or submerged lands included within county waters.

    (b)

    All legal and natural persons are prohibited from anchoring, mooring, tying off, or otherwise indefinitely or permanently affixing a floating structure to State of Florida or county-owned uplands and over or otherwise upon waters or sovereign submerged lands included within county waters.

    (c)

    All legal and natural persons are prohibited, within waters or submerged lands included within county waters, from anchoring, mooring, tying off, or otherwise affixing a floating structure to one or more plant species protected by federal, state, or local law(s), rule(s), or regulation(s) pursuant to an endangered, threatened, or species of special concern designation or listing; all legal and natural persons are prohibited, within waters or submerged lands included within county waters, from anchoring, mooring, tying off, or otherwise affixing a floating structure to one or more plant species (including, but not limited to, mangroves) whose defoliation or destruction is subject to special protections under the Monroe County Comprehensive Plan and Code(s) and special permitting requirements under the Florida Mangrove Trimming and Preservation Act, codified at F.S. §§ 403.9321—403.9333, as may be amended or supplemented.

    (d)

    All legal and natural persons are prohibited from constructing, placing, or maintaining a floating structure violative of this article; all legal and natural persons are prohibited from proximately causing or proximately contributing to the construction, placement, or maintenance of a floating structure violative of this article.

    (e)

    All natural and legal persons are prohibited from storing items upon, occupying, or residing upon a floating structure violative of this article.

    (f)

    Any municipality that later adopts this ordinance [from which this article derives] may independently enact its own separate-and-distinct subsection of enumerated prohibitions.

( Ord. No. 015-2018 , § 3)