ARTICLE VII.  DIVING AND SNORKELING PROHIBITED DURING THE LOBSTER MINI-SEASON

Sec. 5.5-140.  Intent and purpose.
The intent and purpose of this article is to abate the destruction of property, deleterious environmental effects, and criminal trespass that results from 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 during the lobster mini-season; which activities constitute a public nuisance.
(Ord. No. 044-2003, § 1)

Sec. 5.5-141.  Definitions.
Definitions shall apply as provided in article I of this chapter or as referenced from other chapters as appropriate.
(Ord. No. 044-2003, § 1)

Sec. 5.5-142.  Diving and snorkeling prohibited.
(a)   It is a public nuisance and unlawful for any person to dive or snorkel in any manmade waterbody as defined in this chapter, marina, or within three hundred (300) feet of an improved residential or commercial shoreline during the entirety of the lobster mini-season. A map reflecting the boundaries of the prohibited areas shall be available at the Department of Marine Resources, Monroe County for reference by the public and shall be incorporated by reference into this article. The prohibited areas shall be marked by signs on the shoreline at conspicuous places, as has previously been done for the general slow speed / no wake zone for man made waterbodies, at marinas and along the main arterial waterways of the county as may be helpful to inform the public of the existence of the prohibition.
(b)   Exception. Nothing in this article shall prohibit diving incidental to vessel or dock maintenance provided the diver performing the maintenance lawfully displays a diver down flag and otherwise complies with the requirements of Chapter 327, Florida Statutes, as amended from time to time.
(Ord. No. 044-2003, § 1)

Sec. 5.5-143.  Penalties.
(a)   Any person cited for a violation of this article shall be deemed charged with a non criminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court. Citations shall be issued pursuant to § 327.74, F.S. (uniform boating citations) by any law enforcement agency authorized to issue such citations. The civil penalty for any such infraction is fifty dollars ($50.00), except as otherwise provided in this section.
(1)   Any person cited for an infraction under this section may:
(i)   Post a bond, which shall be equal in amount to the applicable civil penalty; or
(ii)   Sign and accept a citation indicating a promise to appear.
(2)   The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty.
(3)   Any person who willfully refuses to post a bond or accept and sign a summons is guilty of a misdemeanor of the second degree.
(4)   Any person charged with a non criminal infraction under this section may:
(i)   Pay the civil penalty, either by mail or in person within ten (10) days of the date of receiving the citation, or
(ii)   If he/she has posted bond, forfeit bond by not appearing at the designated time and location.
(5)   If the person cited follows either of the above procedures, he/she shall be deemed to have admitted the infraction and to have waived his/her right to a hearing on the issue of commission of the infraction. Such admission shall not be used as evidence in any other proceedings.
(6)   Any person electing to appear before the county court or who is required to appear shall be deemed to have waived the limitations on the civil penalty specified in subsection (a). The county court, after a hearing shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the county court may impose a civil penalty not to exceed five hundred dollars ($500.00).
(7)   At a hearing under this chapter the commission of a charged infraction must be proven beyond a reasonable doubt.
(8)   If a person found by the county court to have committed an infraction, he/she may appeal that finding to the circuit court.
(9)   Failure to pay fines within thirty (30) days shall be punished as a secondary misdemeanor.
(Ord. No. 044-2003, § 1)