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Item Q08 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 17, 2013 Division: Growth Mana eg ment Bulk Item: Yes _ No X Department: Code Compliance Staff Contact Person/Phone#: Ronda Norman X2520 AGENDA ITEM WORDING: A Public Hearing to consider an Ordinance by Monroe County BOCC amending Section 17-2 and Section 17-6, of the Monroe County Code to clarify prohibitions regarding the parking and storage of vehicles; watercraft; and/or wrecked, inoperative or partially dismantled vehicles and watercraft on County roads, rights-of-ways, on private property and in residential districts throughout Monroe County. ITEM BACKGROUND: On August 18, 2010 the BOCC approved Ordinance No. 25-2010, which added sub-sections to Monroe County Code Section 25-35 providing for enforcement and penalties of traffic and vehicle violations on Monroe County roads and rights of ways by a law enforcement officer or a parking enforcement specialist. The sub-sections also addressed storage of vehicles, watercraft and vessels on private property which is not enforceable by law enforcement officers. On January 16, 2013 the BOCC approved Ordinance No. 006-2013, which amended Section 17-2, Section 25-35 and created Section 17-6 of the Monroe County Code to further clarify prohibition and enforcement of the parking and storage of vehicles; watercraft; and/or wrecked, inoperative or partially dismantled vehicles and watercraft on County roads, rights of ways, on private property and in residential districts throughout Monroe County. The proposed Ordinance clarifies which vehicles; watercraft; vessels; and/or wrecked, inoperative or partially dismantled vehicles and watercraft are prohibited or permitted on County roadbeds, rights of ways and/or private property in residential land use districts. Pursuant to the hearing on August 21, 2013, wherein permission was sought to advertise, two versions of the proposed ordinance are included in the backup materials. Version 1 remains unchanged from previous the version presented to the BOCC. Version 2 eliminates the requirement that all recreational vehicles must be registered in the name of the owner or the tenant of the property where they are parked for storage. PREVIOUS RELEVANT BOCC ACTION: On August 18, 2010 the BOCC approved Ordinance 025-2010. On January 16, 2013, the BOCC approved Ordinance 006-2013. On June 19th, 2013, the BOCC continued this item. On August 21, 2013 the BOCC granted permission to advertise a Public Hearing to consider adopting this Ordinance. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval of Revision 2 TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x P OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM# Version 1 2 � 3 4 5 6 7 MONROE COUNTY,FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMIMISSIONERS 9 ORDINANCE NO. -2013 10 11 AN ORDINANCE OF 'THE BOARD OF COUNTY 12 COMMISSIONERS OF MONROE COUNTY AMENDING 13 SECTIONS 17-2 and, 17-6 PARJUNG AND STORAGE OF 14 VEHICLES AND WATERCRAFT ON PRIVATE PROPERTY 15 AND PUBLIC RIGHT-OF-WAY; PROVIDING FOR 16 SEVERAB ITY; PROVIDING FOR THE REPEAL OF ALL 17 ORDINANCES INCONSISTENT :WITH; PROVIDING 18 FOR FILING WITH THE DEPARTMENT OF STATE; AND 19 PROVIDING AN EFFECTIVE DATE. 20 21 22 WHEREAS, it is the intent of the Monroe County Code to protect the public health and 23 safety of the citizens and visitors to Monroe County; and 24 25 WHEREAS, it is necessary to maintain the public rights of way free of obstructions so as 26 not to impede the flow of vehicular, bicycle or pedestrian traffic; and 27 28 V41EREAS, aesthetics are an important factor in ensuring the economic vitality of an area 29 and that the separation of the commercial zones from residential neighborhoods not only affects the health 30 and hazards of the community, it impacts the welfare of the community and the value of property within 31 its borders; and 32 33 WHEREAS,prohibiting campers or other vehicles designed or adaptable for human 34 habitation from being stored or parked upon public or private property unless confined in a garage is 35 reasonable and necessary to protect the public health, safety and welfare of Monroe County citizens; and 36 37 WHEREAS, it is the desire of the community to preserve the residential atmosphere of the 38 residential areas of the County; and 39 40 WHEREAS,protecting the residential neighborhoods against the lingering presence of 41 commercial-vehicles is necessary to maintain the purpose of residential land use districts for residential 42 uses. 43 44 1 Version 1 45 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 46 MONROE COUNTY,FLORIDA: 47 48 [Proposed Text Changes are presented in strikethrough to indicate deletions and underline to 49 indicate additions.) 50 51 SECTION 1. Section 17-2 of the Monroe County Code is hereby amended to read as follows: 52 53 Sec. 17-2. -Inoperative vehicles and watercraft. 54 55 (a)Within all land use districts except Industrial (I) districts, all vehicles that are inoperative and/e 56 shall be prohibited on any publie right of way e on private property 57 unless screened completely from view from street or any other 58 residential structure,must meet setbacks of land use district where located or contained in an enclosed 59 area/garage. 60 (b) Within all land use districts except Industrial(1) districts all vehicles that are unlicensed for a period 61 of ten days shall be prohibited on private property unless screened completely from view from street or 62 any other residential structure, must meet setbacks of land use district where located or contained in an 63 enclosed area/garage. 64 O Within all land use districts except Industrial (I) districts, all watercraft that are wrecked, inoperative, 65 partially dismantled and/or decayed and/or abandoned or stored on a boat trailer that is not ready for 66 highway use for a period of 30 days, shall be prohibited on any waterway, shore,private or public property 67 unless screened completely from view from street or any other residential structure must meet setbacks of 68 land use district where located or contained in a completely enclosed building. 69 70 71 SECTION 2. Section 17-6 of the Monroe County Code is hereby amended to read as follows: 72 73 Sec. 17-6. -Parking and storage of vehicles and watercraft within any 74 residential land use district. 75 76 (a) "Prohibited Within any residential district no tpaeks tra le tmvel *-•,,;le. buseser- f one ten er- 77 pT.a i,nrn ., u greater oity o ryati..na hi va 1v type units,typ as definedF.S.i c inn 0 ' . w yes ef 2 feet i 78 lengthand its egress of 8.5 feat in v4dth shall b va parkedstored en private t vAthin 79 e enclosed empletelygar-age. p g o land elear-ing equipment may 1 b parked of 80 s4er-ed en the same lot fer whieh it is aetively being used te eenduet the seepe ef work related to a valid 81 the parking and/or storage of vehicles and watercraft shall be 82 prohibited as follows. For the purposes of this section a residential district shall be any zoning district in 83 which residential use is allowed. 84 TYPE OF VEHICLE* PROHIBITED Class 1-Class 2A(Light Duty Trucks 0 to 8,500 lbs.) Parking and storage prohibited in right-of-way within road bed Class 1-Class 2A(Light Duty Trucks 0 to 8,500 lbs.) Storage prohibited in right-of-way outside of road bed Class 2B-Class 4(Light Duty and Medium Dpjy Trucks Parking and storage prohibited in right-of-way within road 8,501 to 16 OOO lbs. I bed 2 Version 1 Class 2B-Class 4(Lipht Duty and Medium Duty Trucks Storage prohibited in right-of-way outside of road bed 8,501 to 16 OOO lbs. Class 2B-Class 4(Light Duty and Medium Duty Trucks Prohibited on private property unless screened completely 8,501 to 16,000 lbs.)With cabinet box platform rack,or from view from street or any other residential structure must other equipment for purposes of carrying goods other than meet setbacks of land use district where located or contained personal effects of passengers) in an enclosed area/ aza e. Class 5(Medium Duty Trucks 16,001 to 19,500 lbs.) Parking and storage prohibited in right-of-way within and outside road bed Class 5(Medium Duty Trucks 16,001 to 19,500 lbs) Storage prohibited in right-of-way outside of road bed Class 5(Medium Duty Trucks 16,001 to 19.5001bs.) Prohibited on private property unless screened completely from view from street or any other residential structure must meet setbacks of land use district where located or contained in an enclosed area/ ara e. Class 6(Medium Duty Trucks 19,501 to 26,000 lbs.) Parking and storage prohibited in right-of-way within and outside road bed Class 6(Medium Duty Trucks 19,501 to 26,000 lbs.) Storage prohibited in right-of-way outside of road bed Class 6(Medium Duty Trucks 19,501 to 26,000 lbs.) Prohibited on private property unless screened completely from view from street or any other residential structure must meet setbacks of land use district where located or contained in an enclosed area/garage. Class 7 or 8(Heavy Duty Trucks 26,001 lbs.and up) Parking and storage prohibited on right-of-way within and outside road bed Class 7 or 8(Heavy Duty Trucks 26,001 lbs and up) Parking and storage prohibited on private property within all land use districts except M Industrial. Tractor trailer Parking and storage prohibited on right-of-way within and outside road bed Tractor trailer Parking and storage prohibited onRrivate property within all land use districts exce t I Industrial. Trailer Parking and storage prohibited in right-of-way within road bed Trailer Storage prohibited in right-of-way outside of road bed Buses/Limos(greater than 10 persons for transport)as Parking and storage prohibited on right-of- within and defined in F.S.320.01 (4) outside road bed Buses/Limos(greater than 10 persons for transport)as Parking and storage prohibited on private property within all defined in F.S.320.01 (4) land use districts except(I)Industrial. For Hire Vehicle(less than 10 persons for transport) Parking and storage prohibited on right-of-way within and outside road bed Recreational Vehicles greater than 42'x 8.5'as defined in Parking and storage prohibited on right-of-way within and F.S.316.515 outside road bed Recreational Vehicles greater than 42'x 8.5'as defined in Prohibited on private property unless not visible from street F.S.316.515 or from any other residential structure or contained in an enclosed area/ az e. HABITATION PROHIBITED. Recreation Vehicles,Campers,Cargo Vans less than 42'x Parking and storage prohibited in right-of-way within road 8.5' as defined in F.S. 320.01 bed _Recreation Vehicles,Campers,Cargo Vans less than 42'x Storage prohibited in right-of-way outside of road bed 8.5'as defined in F.S.320.01 3 Version 1 Recreation Vehicles,Campers,Cargo Vans less than 42'x Only one recreational vehicle-type unit as defined in F.S. 8.5' as defined in F.S.320.01 320.01 shall be permitted on any one residential or mobile home lot and unit must be registered in the name of the gLqgerty owner or tenant. Habitation rohibited. Watercraft that are wrecked,inoperative,partially Parking and storage prohibited on right-of-way within and dismantled and/or decayed and/or abandoned or stored on a outside road bed boat trailer that is not ready for highway use for a period of 30 days Watercraft that are wrecked,inoperative,partially Prohibited on private property unless screened completel dismantled and/or decayed and/or abandoned or stored on a from view from street or any other residential structure must boat trailer that is not ready for highway use for a period of meet setbacks of land use district where located or contained 30 days in an enclosed area/ az ge. Inoperative Vehicles Parking and storage prohibited on right-of-way within and outside road bed Inoperative Vehicles Prohibited on private property unless screened completely from view from street or any other residential structure must meet setbacks of land use district where located or contained in an enclosed area/ ara e. Vehicles unlicensed for a period of ten 00)das Parking and storage prohibited on right-of-way within and outside road bed Vehicles unlicensed for a period of ten(10)days Prohibited on private properly unless screened com 1p etely from view from street or any other residential structure must meet setbacks of land use district where located or contained in an enclosed area/ ara e. All other watercraft and vehicles Parking and storage prohibited in right-of-way within road bed All other watercraft and vehicles Storage prohibited in right-of-way outside of road bed *Note- Definitions from F.S. and United tates lie txLent o Tr s ortation e eral lii� Administration l-'lWffi 85 (b)Permissible (or "allowed"): , 86 , 87 : All permissible parking and storage on private 88 property in any district shall still comply with the following conditions this chapter, and part II of this 89 Code and shall be subject to code compliance. 90 (1)All vehicles parked in accordance with this aFfiele chapter shall be parked taking into account the 91 setback requirements as is set forth in part II of this Code. 92 93 (2)All vehicles parked or stored as per the provisions of this article 94 chapter shall not be used as a place of habitation. 95 96 (3)All vehicles as referred to in this section may only be parked on the same lot or contiguous lot with 97 and after the principal structure is erected. 98 4 Version 1 99 (4)All recreational vehicles, campers and cargo vans parked or stored in accordance with this article must 100 be registered in the name of the owner or the tenant of the property where they are parked. 101 [02 (5) Only one recreational vehicle-type unit as defined in F.S. § 320.01, shall be permitted on any one 103 residential or mobile home lot for storage purposes as provided in this section 104 105 (6)All equipment, including construction landscaping or land clearing equipment and vehicles may only 106 be parked or stored on the same lot for which it is actively being used to conduct the scope of work related 107 to a valid active permit or contract for services. 108 109 (7)All vehicles and equipment, including those identified with a business logo services offered or l 10 business identifiers shall be stored or parked taking into account the requirements set forth in the land use l 11 district in which they are being parked or stored. 112 113 114 Section 3. Severability. 115 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by [16 any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or 117 nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, 118 subdivision, clause, sentence, or provision immediately involved in the controversy in which such 119 judgment or decree shall be rendered. 120 121 Section 4. Conflicting Provisions. 122 In the case of direct conflict between any provision of this ordinance and a portion or provision of any 123 appropriate federal, state, or county law,rule code or regulation,the more restrictive shall apply. 124 125 Section 5. Filing. [26 This Ordinance shall be filed with the Department of State and shall be effective as provided in Chapter 127 125.66(2)Florida Statutes. 128 129 Section 6. Inclusion in the Monroe County Code. [30 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the 131 County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered 132 to conform to the uniform marking system of the Code. 133 134 Section 7. Effective]Date. 135 This ordinance shall become effective as provided by law and stated above. This ordinance applies to any l36 permit, and or other development approval application submitted after the effective date. 37 5 Version 1 138 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a 139 regular meeting held on the day of ,2013. 140 141 Mayor George Neugent 142 Mayor Pro Tem Heather Carruthers 143 Commissioner Danny Kolhage 144 Commissioner Sylvia J. Murphy 145 Commissioner David Rice 146 147 [48 [49 (SEAL) BOARD OF COUNTY COMMISSIONERS 150 Attest: Amy Heavilin, Clerk OF MONROE COUNTY, FLORIDA 151 152 By By 153 Deputy Clerk Mayor George Neugent 154 155 MONROE COUNTY ATTORNEY A 11112 VED AS T ORIWt: STEVEN T. WILLIAMS ASSISTANT CO' NTY ATTORNEY Date 6 Version 2 2 3 ' 4 a 5 6 7 MONROE COUNTY,FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2013 10 11 AN ORDINANCE OF T BOARD OF COUNTY 12 COMMISSIONERS OF MONROE COUNTY AMENDING 13 SECTIONS 17-2 and 17-6 PARIaNG AND STORAGE OF 14 VEHICLES AND WATERCRAFT ON PRIVATE PROPERTY 15 AND PUBLIC RIGHT-OF-WAY; PROVIDING FOR 16 SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL 17 ORDINANCES INCONSISTENT HEREWITH; PROVIDING 18 FOR FILING WITH THE DEPARTMENT OF STATE; AND 19 PROVIDING AN EFFECTIVE DATE. 20 21 22 WHEREAS, it is the intent of the Monroe County Code to protect the public health and 23 safety of the citizens and visitors to Monroe County; and 24 25 WHEREAS, it is necessary to maintain the public rights of way free of obstructions so as 26 not to impede the flow of vehicular,bicycle or pedestrian traffic; and 27 28 WHEREAS, aesthetics are an important factor in ensuring the economic vitality of an area 29 and that the separation of the commercial zones from residential neighborhoods not only affects the health 30 and hazards of the community, it impacts the welfare of the community and the value of property within 31 its borders; and 32 33 WHEREAS,prohibiting campers or other vehicles designed or adaptable for human 34 habitation from being stored or parked upon public or private property unless confined in a garage is 35 reasonable and necessary to protect the public health, safety and welfare of Monroe County citizens; and 36 37 WHEREAS, it is the desire of the community to preserve the residential atmosphere of the 38 residential areas of the County; and 39 40 WHEREAS,protecting the residential neighborhoods against the lingering presence of 41 commercial-vehicles is necessary to maintain the purpose of residential land use districts for residential 42 uses. 43 44 1 Version 2 45 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 46 MONROE COUNTY,FLORIDA: 47 48 [Proposed Text Changes are presented in strikethrough to indicate deletions and underline to 49 indicate additions.) 50 51 SECTION 1. Section 17-2 of the Monroe County Code is hereby amended to read as follows: 52 53 Sec. 17-2. -Inoperative vehicles and watercraft. 54 55 (a) Within all land use districts except Industrial(1)districts, all vehicles that are inoperative awe 56 shall be prohibited on private property 57 unless screened completely from view from street or any other 58 residential structure,must meet setbacks of land use district where located or contained in an enclosed 59 area/garage. 60 (b)Within all land use districts except Industrial (I)districts all vehicles that are unlicensed for a period 61 of ten days shall be prohibited on private property unless screened completely from view from street or 62 anv other residential structure, must meet setbacks of land use district where located or contained in an 63 enclosed area/garage. 64 Lc)Within all land use districts except Industrial (I) districts, all watercraft that are wrecked, inoperative, 65 partially dismantled and/or decayed and/or abandoned or stored on a boat trailer that is not ready for 66 highway use for a period of 30 days, shall be prohibited on any waterway, shore,private or public property 67 unless screened completely from view from street or any other residential structure must meet setbacks of 68 land use district where located or contained in a completely enclosed building. 69 70 71 SECTION 2. Section 17-6 of the Monroe County Code is hereby amended to read as follows: 72 73 Sec. 17-6. -Parking and storage of vehicles and watercraft within anv 74 residential land use district. 75 76 (a) "Prohibited Within any residential district,Be+.i*ks,+_.,ite-s,+, t +-' ', busesor- f 77 gr- I anj ", or-mer-entirn"., t, i J 1"+. units, ,e fine.] i F.S.' r 32001, r 42 ree4 in . 78 length and in eyeess ef 8.5 feet in m4dth shall be parked er-stored en p4vale pwpeFty emeept y4fl3ja 79 80 stered on the same lot fer-whirah i4 is arAively being used to eeadurA the seepe of work related to a valid 81 the parking and/or storage of vehicles and watercraft shall be 82 prohibited as follows. For the purposes of this section a residential district shall be anv zoning district in 83 which residential use is allowed. 84 TYPE OF VEHICLE* PROHIBITED Class 1-Class 2A(Light Duty Trucks 0 to 8,500 lbs) Parking and storage prohibited in right-of-way within road bed Class 1-Class 2A(Light Duty Trucks 0 to 8,500 lbs) Storage prohibited in right-of--way outside of road bed Class 2B-Class 4(Light Duty and Medium Duty Trucks Parking and storage prohibited in right-of-way within road 8,501 to 16,000 lbs.) bed 2 Version 2 Class 2B-Class 4(Light Duty and Medium Duty Trucks Storage prohibited in right-of 8501 to 16 OOO lbs. --way outside of road bed Class 2B-Class 4(Light Duty and Medium Duty Trucks Prohibited on private property unless screened completely 8,501 to 16,000 lbs.)With cabinet box,platform rack,or from view from street or any other residential structure must other equipment for ppMoses of carrying goods other than meet setbacks of land use district where located or contained personal effects of passengers) in an enclosed area/ az e. Class 5(Medium Duty Trucks 16,001 to 19,500 lbs) Parking and storage prohibited in right-of-way within and outside road bed Class 5(Medium Duty Trucks 16,001 to 19 5001bs) Storage prohibited in right-of-way outside of road bed Class 5(Medium Duty Trucks 16,001 to 19,500 lbs) Prohibited on private property unless screened completely from view from street or any other residential structure must meet setbacks of land use district where located or contained in an enclosed area/garage. Class 6(Medium Duty Trucks 19,501 to 26,000 lbs) Parking and storage prohibited in right-of-way within and outside road bed Class 6(Medium Duty Trucks 19,501 to 26,000 lbs) Storage prohibited in right-of-way outside of road bed Class 6(Medium Duty Trucks 19,501 to 26,000 lbs) Prohibited on private property unless screened complete from view from street or any other residential structure must meet setbacks of land use district where located or contained in an enclosed area/garage. Class 7 or 8(Heav�Duty Trucks 26 001 lbs and up) Parking and storage prohibited on right-of-way within and outside road bed Class 7 or 8(Heavy Duty Trucks 26,001 lbs and up) Parking and storage prohibited on private pmperty within all land use districts except I Industrial. Tractor trailer Parking and storage prohibited on right-of-way within and outside road bed Tractor trailer Parking and storage prohibited on private property within all land use districts except I Industrial. Trailer Parking and storage prohibited in right-of-way within road bed Trailer Storage prohibited in right-of-way outside of road bed Buses/Limos(greater than 10 persons for transport as Parking and storage prohibited on right-of--way within and defined in F.S.320.01 4 outside road bed Buses/Limos(greater than 10 persons for transport)as Parking and storage prohibited on privateRroperty within all defined in F.S.320.01 (4) land use districts except(Il Industrial For Hire Vehicle(less than 10 persons for transport) Parking and storage prohibited on right-of-way within and outside road bed Recreational Vehicles greater than 42'x 8.5' as defined in Parking and storage prohibited on right-of-way within and F.S.316.515 outside road bed Recreational Vehicles greater than 42' x 8.5'as defined in Prohibited on private property unless not visible from street F.S.316.515 or from any other residential structure or contained in an enclosed area/garage. HABITATION PROHIBITED. Recreation Vehicles,Campers Cargo Vans less than 42'x Parking and storage prohibited in right-of-way within road 8.5' as defined in F.S.320.01 bed Recreation Vehicles,Campers Cargo Vans less than 42'x Storage prohibited in right-of--way outside of road bed 8.5'as defined in F.S. 320.01 Version 2 Recreation Vehicles,Campers Cargo Vans less than 42'x Only one recreational vehicle-type unit as defined in F.S. 8.5' as defined in F.S.320.01 320.01 shall be permitted on any one residential or mobile home lot. Habitation prohibited. Watercraft that are wrecked inoperative partially Parking and storage prohibited on right-of-way within and dismantled and/or decayed and/or abandoned or stored on a outside road bed boat trailer that is not ready for highway use for a period of 30 da s Watercraft that are wrecked inoperative partially Prohibited on private property unless screened completely dismantled and/or decayed and/or abandoned or stored on a from view from street or any other residential structure must boat trailer that is not read forhighway use for a period of meet setbacks of land use district where located or contained 30 days in an enclosed area/ ara e. Inoperative Vehicles Parking and storage prohibited on right-of-way within and outside road bed Inoperative Vehicles Prohibited on private property unless screened completely from view from street or any other residential structure must meet setbacks of land use district where located or contained in an enclosed area/garage, Vehicles unlicensed for a period of ten(10)dus Parking and storage prohibited on right-of-way within and outside road bed Vehicles unlicensed for a period of ten G 0)das Prohibited on private property unless screened completely from view from street or any other residential structure must meet setbacks of land use district where located or contained in an enclosed area/Igappe. All other watercraft and vehicles Parking and storage prohibited in right-of--way within road bed All other watercraft and vehicles Storage prohibited in right-of-way outside of road bed *Note -Definitions from F.S. United States e argent o rags o do e e Ali iwa Administration-LEHWA 85 (b)Permissible(or "allowed"): "" ether-,... &s and a trailers, ineluding all_le --L_-.L--il--- K V 86maypaf ' on private pr-epeAy 87 in any distfie4pufsuai#to the fellewifig eendifiefis- All permissible parking and storage on private 88 property in any district shall still comply with the following conditions this chapter, and part II of this 89 Code and shall be subject to code compliance 90 (1)All vehicles parked in accordance with this affiele chapter shall be parked taking into account the 91 setback requirements as is set forth in part II of this Code. 92 93 (2)All vehicles parked or stored as per the provisions of this aF iele 94 chapter shall not be used as a place of habitation. 95 96 (3)All vehicles as referred to in this section may only be parked on the same lot or contiguous lot with 97 and after the principal structure is erected. 98 4 Version 2 V VsP V 1L�,.1J,.V 100 &w%er-or-the tenant of the property where th"are parked. 101 102 (-5)-Only one recreational vehicle-type unit as defined in F.S. § 320.01, shall be permitted on any one 103 residential or mobile home lot for storage purposes as provided in this section 104 105 (5)All equipment, including construction landscaping or land clearing equipment and vehicles may only 106 be narked or stored on the same lot for which it is actively being used to conduct the scope of work related 107 to a valid active permit or contract for services. 108 109 6 All vehicles and equipment, including those identified with a business too services offered or 110 business identifiers shall be stored or parked taking into account the requirements set forth in the land use III district in which they are being parked or stored. 112 113 114 Section 3. Severability. 115 If any section,paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by 116 any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or 117 nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, 118 subdivision, clause, sentence, or provision immediately involved in the controversy in which such 119 judgment or decree shall be rendered. 120 121 Section 4. Conflicting Provisions. 122 In the case of direct conflict between any provision of this ordinance and a portion or provision of any l23 appropriate federal, state, or county law,rule code or regulation,the more restrictive shall apply. 124 25 Section 5. Filing. 26 This Ordinance shall be filed with the Department of State and shall be effective as provided in Chapter .27 125.66(2)Florida Statutes. .28 .29 Section 6. Inclusion in the Monroe County Code. 30 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the 31 County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered 32 to conform to the uniform marking system of the Code. 33 .34 Section 7. Effective Irate. 35 This ordinance shall become effective as provided by law and stated above. This ordinance applies to any 36 permit, and or other development approval application submitted after the effective date. 37 5 Version 2 138 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a [39 regular meeting held on the day of . 2013. 140 141 Mayor George Neugent 142 Mayor Pro Tem Heather Carruthers 143 Commissioner Danny Kolhage 144 Commissioner Sylvia J. Murphy 145 Commissioner David Rice 146 147 [48 149 (SEAL) BOARD OF COUNTY COMMISSIONERS 150 Attest: Amy Heavilin, Clerk OF MONROE COUNTY, FLORIDA 151 152 By By 153 Deputy Clerk Mayor George Neugent 154 155 MONROE COUNTY ATTORNEY A P D A3 T ORRwI: STEVEN T. WILLIAM'5 ASSISTAN iITY ATTORNEY Date �u° 6 BOARD OF COUNTY COMMISSIONERS Mayor George Neugent,District 2 U I�TYSoONROE Mayor Pro Tem,Heather Carruthers,District 3 Danny L.Kolhage,District 1 OCKEYvvEs(3oaion mono David Rice,District 4 taost zsn�sa� Sylvia J.Murphy,District 5 u, Robert B.Shillinger,County Attorney" Office of the County Attorney Pedro J.Mercado,Assistant County Attorney++ 1111 12"Street,Suite 408 Susan M.Grimsley,Assistant County Attorney** Key West,FL 33040 Natileene W.Cassel,Assistant County Attorney** (305)292-3470—Phone Cynthia L.Hall,Assistant County Attorney*+ '"`, (305)292-3516—Fax Christine Limbert-Barrows,Assistant County Attorney** Derek V.Howard,Assistant County Attorney Lisa Granger,Assistant County Attorney Steven T.Williams,Assistant County Attorney **Board Certified in City,County&Local Govt-Law To: Robert B. Shillinger, County Attorney From: Lisa Granger, Assistant County Attorney Date: March 25, 2013 RE: Proposed Ordinance amending MCC Chapters 17 Section 17-2 and Section 17-6 QUESTION PRESENTED: Does the County have the authority to regulate parking and storage of vehicles, vessels, watercraft and/or abandoned and/or inoperative vehicles, watercraft or vessels on the County roads, rights of way or private property? ANSWER: Yes. Pursuant to Chapter 316.006(c) of the Florida Statutes the County has original jurisdiction over all streets and highways located within its boundaries. Under Chapter 316.008(1)(a) of the Florida Statutes the County has the power to exercise its police power to regulate or prohibit stopping, standing, or parking on streets or highways under their jurisdiction. The proposed Ordinance is a valid exercise of the County's police power to maintain safe streets, rights of ways and residential land use districts.See Kuvin v. City of Coral Gables, 62 So. 3d 625, 2010. BACKGROUND: On August 18, 2010 the BOCC approved Ordinance 25-2010, which added sub- sections to Monroe County Code Section 25-35 for the enforcement and penalties for traffic and vehicles on Monroe County roads and rights of ways to be enforced by a law enforcement officer or a parking enforcement specialist. The subsections also addressed storage of vehicles, watercraft and vessels on private property which is not enforceable by law enforcement officers. On January 16, 2013 the BOCC approved Ordinance 006-2013, which amended Section 17-2 and Section 25-35 and created Section 17-6 of the Monroe County Code to further clarify prohibition and enforcement regarding the parking and storage of vehicles and watercraft and/or wrecked, inoperative or partially dismantled vehicles and watercraft on County roads, and rights of ways, on private property and in residential districts throughout Monroe County. The proposed Ordinance clarifies which vehicles, watercraft, vessels and/or wrecked, inoperative or partially dismantled vehicles and watercraft are prohibited or permitted on County roadbeds, rights of ways and/or private property in residential land use districts. CONCLUSION: A lot of time and effort went into the drafting of both the graph and the proposed Ordinance. The graph and proposed Ordinance require BOCC and public discussion and direction from the BOCC. The proposed Ordinance is legally sufficient. 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U N vehicle () O V m ti a stored a "o ^ > 72 C a a) - �„ - - ° hours t_ 7- _ W I 0 z T 3 U V) I of a o No O 0 N (�) vehicle Q U ° stored O C N o ° o > 72 UO O hours _ O)+• •(n a)r- V �'{ Q� /I) 0) C U U -C] N C Vy L N -C .T+ C L a C U•- 0 O n V 4--J 3 7 0 "° in O O E d ; (n " V))— o v °) _ CLLJ - O O O O O 0 o >T d O c0 L O 01 N 3 ao Q O O O 000 c a) 00 O 000 rn 0- 000 0 )no0 !' -0v o O 0 d co rn co $ $ $ Q) O � D O NM { Lp 0 > 0 °� �:E a) I I C 0 F� N ( - 0 O 0 000 CD U) n C) W 0 0 0 O 01n00 0 in I O ' c0 aC C / O '0C D N I) ® D U) 0 0 NNrM It 0 (0ll- CO Truck classification(From Wikipedia,the free encyclopedia) In the ial truck classification is determined range from ld-8 States.,It is also done ore broadly under the U Eede as Hi hwa on the vehicle's dmi stration ic(FHWA)'ht rating nve(GV tort' The classes Vehicle Inventory and Use Survey(VIUS)standards,which groups Class 1,2 and 3 as"Light Duty",4,5 and 6 as"Medium Duty", and 7-8 as"Heavy Duty". Light Duty Class 1-The Class 1 truck dross vehicle wei ht rat' (GVWR)ranges from 0 to 6,000 R2unds(0 tli�,722 k . 'Examples of trucks in this class include the T gtq,_Tg�Dod eg Dakota and GMC Cannons TOYOTA TOCOMA �llllluuum ., DODGE DAKOTA �r �ti �GMC CANYON The Class 2 truckoss vehicle varciht rating(GVWR)ranges from 6,001 to 10,000 pounds(2,722 to 4,536 kg).A °Examples of vehicles in this class include the Dodge Ram 1500 and the Fg.rd_ -.1.SQ. ' t Class 2a and Class 2b,with class 2a being 6,001 to 8,500 pounds(2,722 to 3,856 kg)pounds,and class 2b be'rt8,501 to 10,000 pounds3,856 to 4,536 kg)pounds.Class 2a is commonly referred to as a light duty truck,with class 2b being the lowest heavy&ty"cuss,"jT called the light heavy-duty class. CLASS 2A: �I -, IIC P-lim-MOSM III ...................... GMC YUKON J FORD F-150 (1640 LBS CAPACITY) CLASS 2B: coo Y i FORD F-250(1.5 TON CAPACITY) r rHi�n�J��ll/JG'1(y�,Dk � rnfiq V.UV��m dNi �dm ri CHEVY SILVERADO 1500 HD 1.5 TON CAPACITY)TY) Class 3 [edit The Class 3 truck dross vehicle weight ratrrzg(GVWR)ranges from 10,001 to 14,000 pounds(4,536 to 6,350 kg)-'�j Examples of vehicles in this class include the Dodge Ram 3500 Ford -350 and the G C Sierra 3500 only dual rear wheel.Lj The Hummer��?is another example -��......a.....,9. -.. of a single rear wheel Class 3 truck,with a GVWR of 10,300 lbs. FORD F-350 (2-TON CAPACITY) w yfyl III�r` di 'py air ti ��e J GMC SIERRA 3500(2-TON CAPACITY) d IC � `-r HUMMER 3 Medium Duty [edit Class 4 R ± The Class 4truck 7mEyg&¥le3yiAlr6 (VWR)Ianpsfrml,glml600puds(63!%727k).®E am/@omgclsm this class include 2!&t Ford F-450trucks,gop Ram 40,and the GUC 450OP1 . . . 2 2FORD F-4=(1,TON CAPACITY) 6-1 GMC40 4 Class 5 [edit The Class 5 truck gEqaLyphkje ei t rat° (GVWR)ranges from 16,001 to 19,500 pounds(7,258 to 8,845 kg)."�j Examples of trucks in this class include the Irate atioual Terrat ,Ci550 Dodge Ram 5500,and the Ford F-550 Ih � l "SO International TerraStar t , . GMC 5500 rn �r v � i III ii FORD F-550 5 Class 6[edit The Class 6 truck rose ve 'cle wei t ratin (GVWR)ranges from 19,501 to 26,000 pounds(8,846 to 11,793 kg).Examples of trucks in this class include the Ir►te atic n l_ nrast ar G C To kick C6500.L''"and the Ford F-650 Am gpuuoaaaia �� IIIIIII 1 it �a Interntional Durastar GMC Topkick 6500 ,.mua 7 FORD F-650 Heavy Duty[e it Class 7[eft Vehicles in Class 7 and above require a Class B license to operate in the United States.These include GMC C7500 L.q.0 Their GVWR ranges from 26,001 to 33,000 pounds(11,794 to 14,969 kg). r 1 i } 9 �D r ;yy GMC C7500 Ina V ah,�ii��n°flYrdP�Y1Y`��ry��� %: IIIIII..uVu �V` °II;41 u l GMC C7500 m .�m GMC 7500 7' Class 8 [edit The Class 8 truck gross vehicle v✓er ht ratio (GVWR)is anything above 33,000 pounds(14,969 kg). 3 These include all 4ctor tr&j r trucks. � �✓li �i°�4R s n� a 7� P ibV°: ***************************************************************************************************************** The gross vehicle weight rating(GVWR),or gross vehicle mass (GVM) is the maximum operating weight4mass of a vehicle as specified by the manufacturerLIj including the vehicles chassis,body, engine, engine fluids, fuel, accessories, driver,passengers and c o but excluding that of any Crailers.f2l The term is used for motor vehicles and trains. Ton rating: When domestic light-duty trucks were first produced, they were rated by their p4yLoad capacity in tons (e.g., Y2-, 3/— and 1-ton). This has led to categorizing trucks similarly, even if their payload is different. Therefore,the Ford Ranger, Chevy S-10, and GMC S-15 are called quarter-tons ('/-ton). The Ford F-150, Chevy 10, Chevy/GMC 1500, and Dodge 1500 are half-tons (Y2-ton). The Ford F-250, Chevy 20, Chevy/GMC 2500, and Dodge 2500 are three-quarter-tons (3/-ton). Chevy/GMC's 3/-ton suspension systems were further divided into light and heavy-duty, differentiated by 5-lug and 6 or 8-lug wheel hubs depending on year,respectively. The Ford F-350, Chevy 30, Chevy/GMC 3500, and Dodge 3500 are one tons (1-ton). Similar schemes exist for vans and SUVs (e.g., a 1-ton Dodge Van or a %2-ton GMC Suburban),medium duty trucks (e.g. the Ford ton-and-a-half F-450) and some military vehicles, like the ubiquitous deuce- -a-half. Throughout the years, the payload capacities for most domestic pickup trucks have increased while the ton titles have stayed the same. The now defunct 'ton'rating is now used to compare standard sizes,rather than actual weight rating. t� Mayor Murphy ORDINAN NO. 025 — 2010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY9 FLORIDA AMINDING MONROE COUNTY CODE CHAPTERS19 AND 25; PROVIDING CLARIFICATION OF PRO USES OF RIGHTS-OF-WAY; PROVIDING FOR LIMITATION ON ATTEMPTS TO CIRCUMVENT THE"PEALS PROCESS BY EXCLUDING THE SUBMISSION OF NEW APPLICATIONS OR REQUESTS FOR CLARIFICATION TO START THE APPEAL TIME PERIOD RUNNING ANEW; PROVIDING S; PROVIDING ADD ONAL ENFORCEMENT' MEASURES AND PROCEDURES;- PROVIDING FOR INCREASED FEES FOR ; PROVIDING FOR SE ; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HE PROVIDING FOR INCORPORATION H470 THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE, WHEREAS,the Monroe County Code Ch. 19 currently requires permits for construction or improvements in existing rights-of-way and all roads and streets dedicated to the County in order to preserve the functionality of the rights-of-way, to maintain smooth traffic flow, and to apply safety standards; and WHEREAS, Section 316.025(1), Florida Statutes (F.S.), currently prohibits the obstruction of the normal use of a public street or road by impeding traffic thereon;and WHEREAS, members of the public have complained about children playing on their streets, especially where semi-permanent structures such as basketball hoops have been placed within the right-of-way on or off the pavement, and refusing to move when motor vehicles pull into the streets,thereby endangering both themselves and the persons in the vehicles;and an old County Engineer opinion regarding obstructions in the right-of-way is debatably inconsistent with existing Code provisions and it is deemed in the interest of public safety and welfare that the County Code be revised to clarify permissible uses and effectively repeal the old opinion; and WHEREAS, it has been deemed to be a matter of public welfare to create a separate ordinance reinforcing the state statutes regarding obstruction of traffic and pedestrian traffic violations for enforcement by the State Attorney, County Sheriff and the Courts, to which this ordinance is a companion;and WHEREAS, certain sections in Chapter 19 and 25 incorrectly refer to the public works department and public works director since the engineering department and engineering director handles right-of--way permits and such reference should be changed to reflect the division that is responsible for right-of-way permitting; co.any.Ord Amend ch 19 and 25 Page 1 of 12 As approved BOOC 9/1V10 NOW THEREFORE BE ' O D BY TBE BOARD OF' COUNTY COMMISSIONERS OF CIO OE CO A: SECTION 1. Section 19-31,Monroe County Code, shall be amended to read: Sec. 19-31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Arterial road means a road carrying a higher volume of tragic than a local or collector road, that is used primarily for traffic traveling a considerable distance and as otherwise defined in F.S. §334.03(1). An arterial road is generally continuous and is used as a main traffic artery. Collector road means a road that carries traffic from local roads to major thoroughfares and includes the principal entrance roads of a residential subdivision and as otherwise defined in F.S. §334.03(4). County road system means the same as that term is defined in F.S. § 336.01 and F.S. § 334.03(8). Governmental or subgovernmemal agencies means the state and its various agencies and departments, the United States of America and its various agencies and departments, political subdivisions of the state, including counties, incorporated municipalities of the state, drainage districts, and such taxing districts and special agencies and bodies as are created by county ordinances, state statute or by special act of the legislature, and as otherwise defined in F.S. § 334.03(12). Local road means a road designed and maintained primarily to provide access to abutting property, and as otherwise defined in F.S. § 334.03(15). A local road is of limited continuity and not for through traffic. Permit means the written permission of the board of county commissioners through the office of the county engineering director to enter onto the public rights-of-way within the county road system to perform the construction or installation as specified in that instrument. Pernuttee means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal unit commencing proceedings under this article or obtaining a permit as provided herein to effect construction within the public rights-of-way of the county. Public or private utility includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, cable television, transportation, communication or other system by whomsoever owned and operated for public use, including, but not limited to, the Florida Keys Aqueduct Authority, BellSouth, Keys Energy System, The Florida Keys Electric Cooperative Association,Inc. and/or their successors, affiliates, subsidiaries or assigns. Co Any.Ord Amend.CIL 19 and 25 Page 2 of 12 As approved BOCC 8/1 8/10 Public rights-of-way means land that is dedicated or deeded to(or is now used or will be used by) the county as a road, sheet, alley, walkway, drainage facility, access for ingress and egress, or for other purposes, including those rights-of-way within municipalities that by virtue of bilateral agreements between the municipality and the county are subject to the jurisdiction and control of the county engineering department; and those state secondary roads for which maintenance has been assigned to and accepted by the county. Until such time as the board of county commissioners accepts ownership and responsibility for the maintenance of a right-of- way, it shall not be considered part of the public rights-of-way for the purposes of this article except in cases where the title to such right-of-way was vested in the county prior to June 11, 1963. Public works manual means the current edition of the "Monroe County Public Works Manual,Parts 1 and 2." Road means the same as that term is defined in F.S. §334.03(23). SE ON 2. Section 19-33,Monroe County Code, shall be amended to read: See. 19-33. Permit required. County public right-of--way use permits shall be required for all roads and streets to be constructed or improved in existing rights-of-way; and all roads and sheets that are to be dedicated to the county, all construction or installation or maintenance of any public or private utility as provided for in section 19-36; and any structure, driveway, culvert, pavement, or object in the right-of-way or easement, other than those constructed or maintained by the county,within rights-of-way of the county road system as defined in F.S. § 334.03. Construction or installation within county-owned canals and county-owned waterways will likewise require a permit. A permit from the Florida Department of Transportation is required for the construction of accessways to or construction within the rights-of-way of any part of the state highway system as defined in F.S. § 334.03. A permit cannot be obtained for boulders or landscaping within the County public right-of-way. SECMON 3. Section 19-35, Monroe County Code, shall be amended to read: Sec. 19-35. Permit review by the county engineering director. The board of county commissioners hereby authorizes and empowers the engineering director or his duly authorized representative to receive and review permit applications, collect fees, and issue permits in a timely manner allowing the permittee to enter onto the public rights-of-way within the county road system to perform specified construction or installation. No work may be Performed in county rights-of-way or easements, except as noted in sections 19-34, 19-36, and 1945 until plans have been submitted in conformance with section 19-38 and a county public right-of-way use permit has been issued by the engineering director. c°•AUr•Ord Amami Ch.19 and 25 Page 3 of 12 As approved mac:VIVIO SECTION 4. Section 19-38(a),Monroe County Code, shall be amended to read: (a) All applications for county public right-of--way use permits, accompanied by the appropriate fee, and including four sketches, plans or drawings of the proposed construction or alteration, shall be submitted to the county engineering director. All construction within county public rights-of-way shall conform to and meet the technical standards and specifications of the county as contained in the document entitled, "Public Works Manual: Standard Specification and Details," and/or land development regulations, as applicable. Application for access to or construction within state road rights-of-way shall be submitted to the Florida Department of Transportation. SECTION 5. Section 19-38(bX3),Monroe County Code, shall be amended to read: (3) A general description of the proposed project, its purpose and intended use, including a description of the nature and type of construction; composition, etc.; date when the activity is proposed to commence and approximate date when the proposed activity will be completed, including legal description, or street address and approximate nearest mile marker and key; and an explanation or detailing of any additional information reasonably required by the engineering director, including„ as applicable, survey drawings, aerial photographs,topographic maps, soil percolation test,etc.;and SECTION 6. Section 19-39, Monroe County Code, shall be amended to read: (a) Unless specifically waived by the board of county commissioners, or the county engineering director, the permit shall not be effective for any purpose whatsoever until the applicant, or his designated representative, delivers to the county engineering director a certificate of general liability insurance and automobile liability insurance with combined single limits of liability of no less than $300,000.00 for bodily injury and property damage coverage equal to or in excess of the following limits: $300,000.00 combined single limit for property damage and/or bodily injury. The certificate of insurance shall name the county as an additional insured, shall be effective for all periods of work covered by this use permit, and shall be in a form acceptable to the county engineering director. A statement of insurance from a self-insured entity may be accepted as a substitute. (b) An executed right-of-way bond or other form of surety acceptable to the engineering director may, at the discretion of the engineering director, be required in an amount equal to 110 percent of the estimated cost of construction. Such bond shall be in effect for a period of not less than 30 days and not more than 90 days after final inspection and acceptance of work by the engineering department. A letter guaranteeing performance of work may be deemed acceptable in lieu of a bond. All restoration shall leave the right-of-way or easement in a condition that is as ,flood as or better than that which existed prior to construction. Co.Atty.Ord Amend.Ch.19 ad 25 Page 4 of 12 As approved HOCC 8/19/10 SECTION 7. Section 19-40(f), Monroe County Code, shall be amended to read: (f) All permitted work will be subject to inspection by the county engineering, department. SECTION S. Section 1941(b),Monroe County Code, shall be amended to read: (b) Access driveways onto rights-of-way shall be limited to the least possible number required to adequately serve the intended use and shall conform to all applicable traffic safety standards. Prior to installation within county rights-of-way, the application shall be reviewed by the engineering director regarding any effects on sidewalks, ditches, swales, curbs or other facilities located within rights-of-way or easements. Once a permit is issued, all construction and improvements shall be subject to inspection by the engineering department. SECTION 9. Section 1943(a),Monroe County Code, shall be amended to read: (a) The board of county commissioners hereby establishes reasonable application and permit fees to be charged by the engineering department for activities permitted hereunder. SE ON 10. Section 1943(bxl),Monroe County Code, shall be amended to read: (1) Where the construction performed is for the benefit of a governmental or subgovernmental agency and applicable fees are specifically waived on an individual project-by-project basis by the director of engineering; SECTION 1.1. Section 1943(b)(2), Monroe County Code, shall be amended to read: (2) Where the permittee is under contract to deliver the constructed project over to a governmental agency upon completion of the project and the director of engineering has waived applicable fees for such project consistent with subsection (b)(1) of this section; SECTION It Section 1943(c), Monroe County Code, shall be amended to read: (c) The permit fees designated hereinafter shall be payable upon issuance of the construction permit in an amount determined by the engineering director pursuant to the following schedule. In the event a construction permit is denied, only the application fee shall be payable. co.,4ay.Ord Amend Ch.19 and 25 Page 5 of 12 As W B0M s/Is/10 SE Ohl 13. Section 19-43(d),Monroe County Code, shall be amended to read: Section 19-43(d Fps. (d) The engineering department shall charge and collect fees for the items at rates listed in the following schedules: (1) Application fee. A nonrefundable processing fee of$25.00 shall accompany all county public right-of-way use permit applications. If the permit application is approved,the application fee will be applied to the permit fees as detailed under subsection(dx2)of this section (2) Permit fees Fees for public works construction, under permit issued by the engineering department, in canal, road and street rights-of-way and easements in the unincorporated area of the county and in the rights-of-way of canals, roads and streets located within municipalities that are maintained by the county are established as follows: a. For installation or repair of sanitary and storm sewers, waterlines, gas lines, and other underground utilities: TABLE INSET: For 100 lineal feet or fewer $30.00 For each additional 100 lineal feet or fraction thereof 6.25 b. For French drains, consisting of catch basin and seepage trench or slab covered trench: TABLE INSET: For the installation consisting of one or two catch basins, and seepage trench or soakage pit of lengths not to exceed 100 lineal feet $30.00 c. For construction or replacement of sidewalks, curb and gutter: TABLE INSET: For 100 lineal feet or fewer $25 00 For each additional 100 lineal feet or fraction thereof 6.25 d. For construction of driveways: TABLE INSET: For driveway width of 20 feet or fewer $25 00 For driveway width greater than 20 feet but less than 40 feet(each driveway) 15.00 For driveway width greater than 40 feet(each driveway) 20.00 co.nuy.om Amend.ch.19 end 25 Page 6 of 12 As approved HOCc F/18/l0 e. For construction of street pavements: 1. One-lane or two-lane pavements(width of pavement zero to 24 feet): TABLE INSET: For 100 lineal feet or fewer $50.00 For each additional 100 lineal feet or fraction thereof 10.00 2. Three or more lanes of pavement(aggregate width greater than 24 feet): TABLE INSET: For 100 lineal feet or fewer $100.00 For each additional 100 lineal feet or fraction thereof 25.00 f. For paving of parkways and shoulders: TABLE INSET: For 100 lineal feet or fewer $50.00 For each additional 100 lineal feet or fraction thereof 12.50 g. For construction of curb separators: TABLE INSET: For 100 lineal feet or fewer $25.00 For each additional 100 lineal feet or fraction thereof 5.00 h. For construction of bridges: TABLE INSET: For bridge roadway area of 1000 square feet or fewer $500.00 For each additional 100 square feet 25.00 i. For installation of permanent-type traffic barricades,guardrails and guide posts: TABLE INSET: For each 100 lineal feet or fraction thereof $12.50 j. For construction of street or driveway culvert crossing of canals and drainage ditches (not controlled by DEP): TABLE INSET: For each lineal foot pipe, per foot of pipe diameter or fraction thereof Co.Auy.Ord Amend Ch.19 and 25 Page 7 of 12 As approved BOCC 9/19110 k. A permit fee for a multiple-pipe culvert shall be determined by regarding the aggregate lengths as one continuous pipe. 1. Penalty fees a. When work for which a permit is required is commenced prior to obtaining a permit, a penalty fee will be imposed. If the applicant can show that failure to apply for a permit is based on a good-faith belief that the construction is not affecting the county right-of--way, the penalty fee may be waived at the discretion of the engineering director, provided, however, that violators promptly apply for a permit and pay all applicable fees. b. The penalty fee shall be$250.00 plus double the original permit fee. c. The payment of such penalty fee shall not relieve any person, firm or corporation from fully complying with all of the requirements of all applicable regulations and codes, nor shall it relieve any person, firm or corporation from being subject to any of the penalties therein. SECTION 14. Section 19-44, Monroe County Code, shall be amended to read: See. 1 Relocation upon notice by the engineering director. Any permission granted for construction under this article does not constitute and shall not be construed as permitting a permanent installation within any public right-of-way. Any facility permitted within the public right-of-way shall be relocated or reconstructed by the owner at his sole cost and expense when in irreconcilable conflict with any construction, reconstruction, or any project performed by the county or its authorized representative, that is deemed to be in the interest of the general public within 30 days of the request. It shall be the responsibility of the engineering director to provide notice to the affected permittees at the earliest possible time prior thereto of any such conflicts, whether actual, possible or planned. Where the owner requests additional time up to a maximum of 180 days, this may be granted by the office of the engineering director upon receipt of a letter stating adequate grounds to support the owner's position that additional time is necessary to complete the relocation. If the extension of time requested by the owner is denied by the engineering director or an extension in excess of 180 days is desired by the owner, the owner may appeal to the board of county commissioners by written request; and the time for relocation shall be stayed while the appeal is pending. Where the county has requested a relocation, permits shall be required to approve the new sites of the utility facility, but permit fees shall be waived. Utility placements and relocations shall be governed as provided by general law. SECTION 15. Section 19-45,Monroe County Code, shall be amended to read: Sec. 19-45 Emergency repairs. In the event of an emergency requiring repairs by utility companies to some portion of their facilities, nothing in this article shall be deemed to prohibit the making of such repairs; however, emergency repairs shall be reported to the county engineering director the next business day as provided for in section 19-36. Traffic safety measures must be implemented by the utility. Work. Co.AW.Ord Amend Ch 19 and 25 Page 8 of 12 As approved BOCC 8/19/10 performed as a result of such emergency repairs may continue pending the granting of an after- the-fact permit. SECTION 16. Section 19-46, Monroe County Code, shall be amended to read: Sec.1946. Appeals. Any party claiming to be aggrieved by a decision of the engineering director may appeal to the board of county commissioners by filing a written notice of appeal with the engineering director within 30 days of the date of denial. Once a denial has been issued by the County engineering director or his designee, the aggrieved party shall be restricted to only the appeal to the BOCC within 30 days of the denial and shall not be allowed to submit a second application or a petition for clarification, or any other mechanism to attempt to create a new date from which the 30 days for appeal shall run. SECTION 17. Section 1947,Monroe County Code, shall be amended to read: See. 19-47. Time limits. (a) Within seven days after receipt of an application for a permit under this article, the director of engineering (or his designee) shall review the application and shall request submittal of any additional information the director is permitted by law to require. If the applicant believes any request for additional information is not authorized by law or departmental rule, the applicant shall notify the director that the applicant objects, the grounds therefore, and that he will rely upon his appellate rights under section 1946 in the event the permit is denied. Within 15 days after receipt of any submitted additional information, the director shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information. If the applicant believes the request of the director for such additional information is not authorized by law or department rule, applicant shall notify of his objection and give notice to proceed to process the permit application. Permits shall be approved or denied within 30 days after receipt of the original application, the last item of timely requested additional material, or the applicant's written request to begin processing the permit application, whichever shall have last occurred. ff the application is not approved or denied in writing within 360 days after the last submittal, it shall be deemed approved and the applicant may demand the permit be issued. Applications for permits may be denied solely on the basis of actual and irreconcilable conflict of the proposed work with provisions of the public works manual. Any denial of an application must state the specific basis upon which the denial is based. The permit shall be considered valid for six months beginning on the date of issuance unless the commencement date shall be beyond such time. If work does not commence by the end of this period, the permit shall be considered void and reapplication shall be necessary. Work must be completed by the completion date indicated on the application unless the permit is extended upon request to the department of engineering with an explanation of the basis for such request. (b) A request may be made to the director of engineering with the filing of an application for expedited review and processing, and provided that all information required as described in subsection (a) of this section is submitted with the application, the director shall make a reasonable effort to review and process the same within five days after receipt. Co.My.Ora Amend Ch 19 ad 25 Page 9 of 12 As approved BOM 8/18/10 SECTION 1& Section 1948, Monroe County Code, shall be amended to read: Sec. 194& Restoration and penalty. No person shall use county rights-of-way or easements for any purpose for which a permit is required by this article without first obtaining a permit therefore unless otherwise authorized by law. In the event county rights-of-way or easements are used and/or construction or obstruction takes place without a permit, upon written notice by the engineering director, the person shall apply for an after-the-fact permit and pay all fees and penalties as provided in Section 19-43 of this Chapter and shall restore any area for which an after-the-fact permit may not be issued to its original condition and cease any nonpermitted use except as noted in section 1943(b). SECTION 19. Section 25-5,Monroe County Code, shall be created to read: Sec.25-5. Prohibition of obstruction,of It is unlawful for any person or persons willfully to obstruct the free, convenient, and normal use of any public street, highway, or road in the unincorporated areas of Monroe County by impeding, hindering, stifling, retarding, or restraining traffic or passage thereon, by standing or approaching motor vehicles thereon, or by endangering the safe movement of vehicles or pedestrians traveling thereon, and any person or persons who violate the provisions of this subsection, upon conviction, shall be cited for a pedestrian violation, punishable as provided in Sections 25-6, Monroe County Code. SECTION 20. Section 25-6,Monroe County Code, shall be created to read: Sec. PenaftieL (a) Any person cited for a violation of Section 25-5, Monroe County Code is charged with a noncriminal infraction and shall be cited for such an infraction as well as the corresponding state statute and shall be cited to appear before the court official who handles other traffic violations. (b) Any person cited for an infraction under this section must sign and accept a citation indicating a promise to appear. The officer may indicate on the traffic citation the time and location of the scheduled hearing and must indicate the applicable civil penalty established in s. 318.18. (c) Any person who willfully refuses to accept and sign a summons is guilty of a misdemeanor of the second degree. CO•Altr•Ord Amend.Ch.19 and 25 Page 10 of 12 As approved BOCC 8/19/10 SECTION 21. Section 25-35, Monroe County Code, shall be amended to read: Sec.25-31 ParlChig oftraclu4 trailen and travel trailers,sto (a) Within any residential district, no trucks, trailers or wagons of one-ton or greater capacity or recreational vehicle-type units, as defined in F.S. § 320.01, in excess of 42 feet in length and in excess of 8.5 feet in width shall be parked on the paved part of any public right-of- way, or on private property except within a completely enclosed garage. No trailers of less than one-ton capacity, including all pleasure boat trailers regarding of capacity, collapsible camping trailers and cargo trailers shall be parked for storage purposes, including overnight,on any public right-of-way, but such trailers may be parked on private property in any district pursuant to subsection(b)of this section and this chapter. Only one recreational vehicle-type unit as defined in F.S § 320.01, shall be permitted on any one residential or mobile home lot for storage purposes as provided I this section. Trucks,trailers, wagons, or recreational vehicle-type units as referred to in this subsection may only be parked on the same lot with and after the principal structure is erected. (b) All trailers, motor homes or motor coaches parked in accordance with this article shall be parked taking into account the setback requirements as is set forth in part 11 of this Code. (c) Trailers, motor homes or motor coaches that are parked for storage as per the provisions of this article shall not be used as a place of habitation. (d) No motor vehicle of any type shall be stored, including parking overnight, on any public right-of-way. A motor vehicle parked on a public right-of-way in excess of seventy-two (72)hours shall be presumed to be stored. (e) These vehicles must be registered in the name of the owner or the tenant of the property where they are parked. (f) A law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of this section may issue a ticket in the form used by the county for parking violations to the driver or, if the vehicle is unattended, attach the ticket to the vehicle in a conspicuous place. All parking ticket penalties collected pursuant to this section must be remitted to the county's general fund. (g) In the case of a violation of this section, the law enforcement officer or parking enforcement specialist, in addition to charging the owner or operator with any noncriminal violation set forth in subsections(a)through(e) of this section, may have the vehicle towed and impounded at the owner's expense. The cost of such towing and impoundment shall be a lien against the vehicle. If the county court determines that the noncriminal violation charged was invalid: (1) The vehicle must be immediately released without charge and with the lien provided for in this section automatically extinguished;or (2) If the owner or operator has paid the cost of towing and impoundment, the amount paid must be refunded. co.nny.Ord Amend.Ck 19 and 25 Page 11 of 12 As approved E00C 8/19/10 SECTION 22. SEVERABELJTY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereon other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 23. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 24. INCLUSION IN THE CODE OF ORDINANCES. 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 conform to the uniform numbering system of the code. SECTION 25. EMCT11VE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in section 125.66(2),Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,at a regular meeting of said Board held on the I day of August, 2010. Mayor Sylvia Murphy Yes Mayor Pro Tem Heather Carruthers Yes Commissioner George Neagent Yye, Commissioner Mario Di Gennaro Yes Commissioner Kim'"VI+"igington Yes (SEAL) 130 OF COUNTY COMMISSIONERS Attest: DANNY 1,KOLHACE, Clerk OF MONROE COU ,FLORIDA 81Q�-, Abj� By Deputy Clerk yor/Chairperson 0 0 ct 1n w LU LU 'C ..�.i �; a. :c -0UNTYATTO o A .,` AP CAVED AS T LA- - o y ZA C-LA. ON GJ(liyyy+,O EY _J e d�`/�Y/�i C-AW.ore Amend Ch.19 and 25 Page 12 of 12 As approved BOCC 8/18/10 ORDINANCE NO. 006—2013 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA PROVIDING FOR AMENDMENT OF MONROE COUNTY CODE CHAPTERS 17 AND 25; PROVIDING CLARIFICATION OF WATERCRAFT AND VESSELS WHICH MAY NOT BE STORED IN SECTION 17-2(b); PROVIDING FOR CREATION OF SECTION 174; PROVIDING FOR MOVEMENT OF PROHIBITIONS REGARDING PARKING AND STORAGE OF TRUCKS, TRAILERS AND TRAVEL TRAILERS FROM SECTION 25-35 TO SECTION 174; PROVIDING FOR ELIMINATION OF INCONSISTENT LANGUAGE; 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, The Board Of County Commissioners of Monroe County, Florida on August 18, 2010 approved Ordinance 25-2010, adding specific sub-sections to Monroe County Code 25-35 for the enforcement and penalties for traffic and vehicles on Monroe County roads rights-of-way to be enforced by a law enforcement officer or a parking enforcement specialists; and WHEREAS, certain sub-sections of the MCC 25-35 also address the storage of vehicles on private property which is not enforceable by a law enforcement officer or parking enforcement specialist; and WHEREAS, that portion of section 25-35 which is not enforceable by law enforcement officers should be moved to a new section (17-6)to allow authorization of enforcement by code compliance officers; and WHEREAS, the intent of this new section prohibiting the storage and parking of certain vehicles in residential zoning districts is to prevent diminution of property values and to retain the residential community character of the neighborhood; and WHEREAS, a common complaint from the public pertains to derelict unsightly vessels and junk cars; and WHEREAS, it is deemed in the interest of public to expand on the description of watercraft and vessels in section 17-2(b)to clarify under what conditions watercraft and vessels may not be stored; and WHEREAS, Section 17-2(c) should be removed to avoid inconsistent interpretations of code compliance actions; NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe County, Florida that: SECTION 1. Section 25-35, Monroe County Code, shall be amended to read: Ord.Changing Ch.17&25 1 Sec. 25-35. -Storage of vehicles on County right-of-way prohibited. (a) Within any residential district, no trucks, trailers, travel trailers, or buses of one-ton or greater capacity or recreational vehicle-type units, as defined in F.S. § 320.01, in excess of 42 feet in length and in excess of 8.5 feet in width shall be stored on the paved part of any public right-of-way. No trailers of less than one-ton capacity, including all pleasure boat trailers regardless of capacity, collapsible camping trailers and cargo trailers shall be parked, or stored on any public right-of-way, but such trailers may be parked on private property in any district pursuant to section 17-6 and part II of this Code. (b) No motor vehicle of any type shall be stored on any public right-of-way. A motor vehicle parked on a public right-of-way in excess of 72 hours shall be presumed to be stored. (c) A law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of this section may issue a ticket in the form used by the county for parking violations to the driver or, if the vehicle is unattended, attach the ticket to the vehicle in a conspicuous place. All parking ticket penalties collected pursuant to this section must be remitted to the county's general) fund. (d) In the case of a violation of this section, the law enforcement officer or parking enforcement specialist, in addition to charging the owner or operator with any noncriminal violation set forth in subsections (a)through (c)of this section, may have the vehicle towed and impounded at the owner's expense. The cost of such towing and impoundment shall be a lien against the vehicle. If the county court determines that the noncriminal violation charged was invalid: (1)The vehicle must be immediately released without charge and with the lien provided for in this section automatically extinguished; or (2) If the owner or operator has paid the cost of towing and impoundment, the amount paid must be refunded. SECTION 2 Section 17-2, Monroe County Code, shall be amended to read: Section 17-2-Inoperative Vehicles and Watercraft (a) Within all land use districts except Industrial (1) districts, all vehicles that are inoperative and/or unlicensed for a period of ten days shall be prohibited on any public right-of-way or on private property except within a completely enclosed garage. Ord.Changing Ch.17&25 2 (b) Within all land use districts except Industrial (1) districts, all watercraft that are wrecked, inoperative, partially dismantled and/or decayed and/or abandoned or stored on a boat trailer that is not ready for highway use for a period of 30 days, shall be prohibited on any waterway, shore, private or public property unless contained in a completely enclosed building. SECTION 3 Section 17-6, Monroe County Code, shall be created to read: Section 17-6 Parking and Storage of Trucks, Trailers and Travel Trailers (a) Prohibited: Within any residential district, no trucks, trailers, travel trailers, or buses of one-ton or greater capacity or recreational vehicle-type units, as defined in F.S. § 320.01, in excess of 42 feet in length and in excess of 8.5 feet in width shall be parked or stored on private property except within a completely enclosed garage. Construction, landscaping or land clearing equipment may only be parked or stored on the same lot for which it is actively being used to conduct the scope of work related to a valid active permit or contract for services. (b) ) Permissible(or"allowed"): All other trucks and trailers, including all pleasure boat trailers, recreational vehicle-type units, or collapsible camping trailers may be parked or stored on private property in any district pursuant to the following conditions: i (1) All vehicles parked in accordance with this article shall be parked taking into account the setback requirements as is set forth in part 11 of this Code. a (2)All recreational vehicle-type units that are parked or stored as per the provisions of this article shall not be used as a place of habitation. (3)All vehicles as referred to in this section may only be parked on the same lot or contiguous lot with and after the principal structure is erected. (4) All vehicles parked or stored in accordance with this article must be registered in the name of the owner or the tenant of the property where they are parked. (5) Only one recreational vehicle-type unit as defined in F.S. § 320.01, shall be permitted on any one residential or mobile home lot for storage purposes as provided in this section. Ord.Changing Ch.17&25 3 SECTION 4:SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 5:CONFLICT WITH OTHER ORDINANCES.All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 6: INCLUSION IN CODE OF ORDINANCES.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 conform to the uniform numbering system of the Code. SECTION 7:TRANSMITTAL AND EFFECTIVE DATE.This Ordinance shall be filed with the Department of state and shall be effective as provided In section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,at a regular meeting of said Board held on the 16ththis day ofJ _„2013. Mayor George Neugent Yes Mayor Pro Tern Heather Carruthers Yes Commissioner Danny Kolhage 4� 'des Commissioner David Rice ----YAg Commissioner Sylvia Murphy VPQ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By . Mayor George Neugent (SEAL) ATTEST:Amy Heavilin, Clerk Ad Interim Blk Deputy CI o RCE cou TTORNEY ROVED F Deb: rn � O � 2 rn -� O to Ord.Changing Ch.17&25 4