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Item O5 * PUBLIC HEARING 3:00 P.M. * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 15. 2009 - KW Division: County Attorney Bulk Item: Yes ----X- No Staff Contact Person/Phone #: Lisa Granger & Ronda Norman AGENDA ITEM WORDJNG: A public hearing to consider an ordinance prohibiting the sale of merchalldise in the rights-of-way within Monroe County. ITEM BACKGROUND: This ordinance is a re-enactment of previous Monroe County Code Sec. 19-143. It was omitted from the printing of the new Monroe County Code. This ordinance does NOT address or pertain to signs or signage in any way. This ordinance is a necessary protection for our legally established businesses, as well as for public safety. Because it is a substantive provision, it cannot be called a scrivener's error and requires a public hearing. PREVIOUS RELEVANT BOCC ACTION: 1/28/09 BOCC approved adoption of Monroe County Code 3/18/09 BOCC approved Public Hearing for 4/15/09 @ 3:00 p.m. (P-11) CONTRACT/AGREEMENT CHANGES: Adds Section 19-7, Use of public right-of-way back into the newly adopted Monroe County Code (previously Section 19-143 of the former Monroe County Code) STAFF RECOMMENDATIONS: Approval. TOTALCOST: N/A INDIRECT COST: N/A BUDGETED: Yes _No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~ OMBIPurchasing _Risk Management _ DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/09 ORDINANCE NO. - 2009 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY PROHIBITING THE SALE OF MERCHANDISE ON THE PUBLIC RIGHT OF WAY BY ADDING SECTION 19-7; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there previously existed Section 19-143 of the Monroe County Code prohibiting the sale of merchandise from within the limits of the public right of way~ and WHEREAS, this provision did not get included in the Monroe County Code adopted on January 28,2009 by the Board of County Commissioners; now, therefore, BE IT ORDAINED by the Monroe County Board of County Commissioners that the Monroe County Code is amended as follows: Section 1. Section 19-7 is added as follows: Sec. 19-7 Use of public right-of-way The sale of merchandise from within the limits and confines of all public roads or street rights-of way within the jurisdiction of Monroe County is prohibited. Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Page 1 of2 Sales on ROW Ordinance 3/11/09 KMP Section 4 The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to confonn to the uniform numbering system of the Code. Section 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. . PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2009. Mayor George Neugent Mayor Pro tem Sylvia J. Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor George Neugent MONROE COUNTY ATTORNEY APPROVED AS TO FORM: W SU N M. GRIMSl: Y ASSIST. NT COU~TY ATT~~EY Date 7Yt /lye N 5'(! 2-0 Page 2 of2 Sales on ROW Ordinance 3/l 1109 KM P