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Home My WebLink About4083 ORDINANCE NO. 4083 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ESTABLISHING A NO FISHING ZONE ON THE SHORES OF MARINA ISLE ON LAKE MONROE WITHIN THE CITY LIMITS; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING INTENT AND PURPOSE; PROVIDING FOR A DEFINITION OF THE TERM "FISH"; PROVIDING FOR PROHIBITED FISHING ZONES; PROVIDING FOR UNLAWFUL ACTS; PROVIDING INTRODUCTORY EDUCATION PERIOD; PROVIDING FOR AN EXCEPTION AND IMPLEMENTATION OF THE EXCEPTION WHEN WARRANTED UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it has been determined by the City Commission of the City of Sanford that a necessity exists to enact an Ordinance protecting the health, safety, and welfare of the public and citizens and inhabitants of the City of Sanford by establishing a no fishing zone on the entire shore of Marina Isle on Lake Monroe within the City limits of the City of Sanford at which fishing is not allowed from the shore circumference of Marina Isle; and WHEREAS, fishing along Palmetto Avenue entering Marina Isle has been discouraged and limited for an extended period of time; and WHEREAS, development activities in place and those contemplated for implementation within the boundaries of Marina Isle are not compatible with fishing activities; and WHEREAS, Marina Isle has experienced an increase in pedestrian and vehicular traffic with the construction of streets, access ways, sidewalks, walkways, and gang ways leading to the boats, landings, docks, parking areas, and various commercial establishments on Marina Isle; and WHEREAS, the Marina Isle is currently improved with boat basins, boat ramps, dry and wet boat storage facilities, beach/picnic areas, a motel, and three restaurants; and WHEREAS, the Northshore Project will generate an increased and constant flow of pedestrians, family participation activities, children, and pets as all water associated activities increase with the new major development; and WHEREAS, the concentration of people as contemplated and those activities which are in place and those contemplated are not compatible with fishing activities but are separated as an element of good planning and protection of the health safety and welfare of the citizens and visitors to the City and Marina Isle; and WHEREAS, the Commission finds that a large expanse of Lake Monroe shoreline is available for fishing activities commencing at the east limits of the City and continuing westerly to Interstate 4 a distance of approximately five (5) miles; and WHEREAS, the City Commission of the City of Sanford may act in accordance with the provisions of Article VIII, Section 2(b) of the Constitution of the State of Florida, which provides, in pertinent part, that "[m]unicipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law"; and WHEREAS, the City Commission of the City of Sanford may act in accordance with the provisions of Section 166.021 (1), Florida Statutes, which provides, in pertinent part, that "[a]s provided in S. 2(b), Article VIII of the State Constitution, municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law"; and WHEREAS, the City Commission of the City of Sanford may act in accordance with the provisions of Section 166.021(3), Florida Statutes, which provides, in pertinent part, that "[t]he Legislature recognizes that pursuant to the grant of power set forth in S. 2(b), Art. VIII of the State Constitution, the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state legislature may act" except for certain very limited matters; and WHEREAS, the City Commission of the City of Sanford finds and concludes that the City is not prohibited from acting on the subject matter of this Ordinance, that the Legislature of the State of Florida may act upon the subject matter of this Ordinance and that the provisions of this Ordinance are not preempted by and are consistent with State law; and WHEREAS, the City of Sanford has complied with all requirements and procedures of Florida law in processing, noticing and advertising this Ordinance. NOW, THEREFORE, BE IT ENACTED BY THE CITIZENS OF THE CITY OF SANFORD, FLORIDA: Page 2 of 5 SECTION 1. LEGISLATIVE FINDINGS AND INTENT. The findings set forth in the recitals (whereas clauses) to this Ordinance are hereby adopted as legislative findings by the City Commission of the City of Sanford. SECTION 2. ESTABLISHMENT OF A NO FISHING ZONE ON THE SHORES OF MARINA ISLE ON LAKE MONROE WITHIN THE CITY LIMITS: EXCEPTIONS. (a) AREA MAPPING. There is hereby established on the shores of the City of Sanford no fishing zones as depicted on the map on file in the office of the City Clerk of the City of Sanford, (see Exhibit "A"); that said map is incorporated herein and made a part of this Ordinance by this reference. All other areas along the shore of Lake Monroe are authorized fishing zones. (b ) VIOLATION. 1. It is unlawful for any person to fish in that area on the shore of Marina Isle on Lake Monroe within the City limits of the City of Sanford which is designated hereby as a no fishing zone. The term "fish" means "taking, attempting to take, pursuing, hunting, molesting, capturing, or killing any fish, or their nests or eggs, by any means, whether or not such actions result in obtaining possession of such fish or their nests or eggs." Although not required to prove a violation of this Ordinance, the City Manager, or designee, shall cause appropriate signage to be installed to announce to and advise the general public of the general locations of the no fishing zones and the City Manager, or designee, shall take such other appropriate action as deemed appropriate to advise the public of the existence of the no fishing zones. 2. Introductory Education Period. For the first three months after the effective date of this Ordinance, a violator shall receive a courtesy notice of the violation. Commencing three months after the effective date of this ordinance, all violations are subject to enforcement as provided herein. 3. Fishing along the shore of Lake Monroe within the City Limits of the City of Sanford may occur, consistent with the requirements of State law, in those areas that have not been designated as a no fishing zone. (c) AMENDMENT. Any amendments to Exhibit "A" may be made by means of adoption of a resolution by the City Commission of the City of Sanford. Amendments to Exhibit "A" shall be appropriately announced and publicized by the City Manager or designee and the signage provided for in Section 2(b) shall be appropriately revised and modified. Page 3 of 5 (d) EXEMPTIONS. The City Commission may, upon application or on its own accord exempt certain activities from the effects of this Ordinance in the event that the City Commission finds that a public purpose in the nature of economic development, tourism development, special events, or other similar activities warrant the exemption of the prohibition set forth herein. Such action shall be accomplished by means of the adoption of a resolution by the City Commission of the City of Sanford. SECTION 3. PENALTIES. The City may pursue any enforcement action or legal remedy available under controlling State law and any legal remedy available to the City, as a non-criminal infraction, to include, but not be limited to, a fine not exceeding fifty dollars ($50,00) or by imprisonment for a term not exceeding five (5) days, or by both such fine and imprisonment. $ECTION 4. CONFLICTS. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed SECTION 5. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 6. CODIFICATION. The provisions of this Ordinance shall be codified as and become and be made a part of the City of Sanford Code. The Sections of this Ordinance may be renumbered or relettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section," "Article", or other appropriate word; provided, however, that Sections 4, 5, 6 and 7 shall not be codified, The Code codifier is granted liberal authority to codify the provisions of this Ordinance. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED and ADOPTED this 26th day of November, 2007. A TTEST: CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA ~Y< .;t~~1lfm J ET DOUGHERTY, ITY C RK (' (--~f-) r ...J-/ . '-'_._,.....,../""'~ ~~ LINDA KUHN, MA VOR ' Page 4 of 5 CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 4083 PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 26th day of November, 2007, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 28th day of November, 2007. Page 5 of 5 C '-DOCUMENTS AND SETT1NGS\SMITHC 00 1 \DESKTOP'.QRAWtNGI VSD \ \. "- "- "- & ~ZQ-? '~Iz- ~/A. '''1(( 'V~ '6'S' ~ 81' , .....:,:1& " , "- ~-<J.s: I , ~ ~~ I , ........~'VI' I ,,,- Ii,',' ~...... .,,\ ) " I j:/ " I ;'.j , I :' /' I ;s:.. .f.'1 , 00 I ," , -i -i ,:II , m", (jj, /j I PUBLIC INGRESS EGRESS EASEMENT ,.. ~ !! r-:-----~8--------------~"~1/6?,,,/ ,','.! /1; W (') ~ r----------~~" 0", 0" I :;1, (" I I ~ -i " >VQ I ... li~ I I +- I...A. '- ~ .: 10 ______.....__-1 I' ~ I :p... /'i!? ,.----~---...--- -~-l--- ",."Q , , t I'Ji I .. -I .. ::0 .. 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