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Ordinance 017-2001 t . r� • Board of County Commissioners ORDINANCE NO 017- 2001 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, PROHIBITING PERSONS FROM WILLFULLY ENTERING UPON OR REMAINING UPON THE PREMISES OF HARVEY GOVERNMENT CENTER AT HISTORIC TRUMAN SCHOOL BETWEEN THE HOURS OF 6 PM AND 6 AM; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; 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. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. No person may willfully enter upon, or remain upon, the premises of the Harvey Government Center at Historic Truman School in Key West (HGC) between the hours of 6 PM and 6 AM. A map of the HGC premises is attached to this ordinance and incorporated into it as Exhibit A. This section does not apply to: a) Employees of Monroe County or its constitutional officers or any contractors or agents in the employ of Monroe County or its constitutional officers; b) Persons attending public meetings, hearings, conferences, or . other events at the HGC; c) Law enforcement officers employed by the Monroe County Sheriff's Office or the Key West Police Department. Section 2. The Public Works Department is• directed to post the HGC • premises as provided in Sec. 810.011(5)(a), FS, with signs reading as follows: NO TRESPASSING 6PM - 6AM Section 3. Law enforcement officers employed by the Monroe County Sheriff's Office and the Kay. West Police Department are hereby designated as authorized persons by the Monroe County Board of County Commissioners (owner of the HGC) to personally communicate to individuals found upon the HGC premises between 6 PM and 6 AM to leave the premises. Section 4. Persons who violate section one of this ordinance, or who, , being in violation of section one, refuse to leave the HGC premises when ordered to do so by a law enforcement officer, are in violation of Sec. 810.09, FS, and shall be arrested, prosecuted, and punished as provided in that statute. Section 5. 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 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 7. 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 8. 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 of said Board held on the 18th day of April , 2001. Mayor George Neugent yes Commissioner Charles McCoy yes missioner Murray Nelson yes (03 a issioner Dixie Spehar yeG s. ` ' k$ sinner Nora Williams yes BOARD OF COUNTY COMMISSIONERS L.KOLHAGE Clerk OF 'dNROE COUNTY, FLORIDA I - 1Qe-4-1._ se___d • meputy lerk ayor/Chairperson jdordHGC A PROVED AS TO FORM 11F CE y ROBERT N , :-.FE DATE — r a °Ji.1N1103 3O i UON . 3 ").113 39VH10,f ...a A.NPIVO S I .F14 Wd c- AUH 10 08033d 03 711:1 ' ' Mar, 13 01 04: 55p Mon,-�`-? Cnty. Publ c Works 305-?'2-4558 p. 1 1 - / / i}-.._. iI './ i J/ mil eli.'I •/ j_ , 1/ • • I ....I . .1— ' ...,<Iinnnnn '..-------- "H—P- ' I i gr.O, li ti I + ,ra. .. 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R/W/-.--—-_____---—----—.-—- t EXHIBIT A " • Bender lc Associates ; ; :' Harvey Government Center > F ARCHITECTS Monroe County Facilities i Pa" tte `,, Kay West,Florida 33040 �FLO'RIP}Ik ItET3��/ no.4065700 ' • V O/7 NOTICE OF INTENTON:I- ON OF I(E!NOhuUERCCOUNTYORDIN IINCE O NOTICE•IS HEREBY GIVEN TO WHOM-IT MAY CONCERN that Published Twice Weekly " ' - " Continued on the Marathon, Monroe County, Florida -_NextColumn. . at 3:00 PM at the Harvey'Gov-I ernment Center - Truman PROOF OF PUBLICATION . School, 1200 County, Truman Avenue,, Key West, Monroe Co Florida, the Board of County Commissioners of Monroe County,Florida,intends to con- STATE OF FLORIDA ingderun adoptiondi cf the follow. ing County ordinance: COUNTY OF MONROE AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUN- TY, FLORIDA,- PROHIBITING PERSONS FROM WILLFULLY Before the undersigned authority person- ENTERING UPON OR NG UPON THE PREMISESREMAIN- OF ally appeared WAYNE MARKHAM who on VERNMENT CEN TER AT.VEY OHISTORIC. TRUMAN oath, says that he is PUBLISHER of the HOURS SCHOOL OF 6 PM AND 6-AM,•' FLORIDA KEYS KEYNOTER, a twice - PROVIDING PROVIDING FOR EXCEPTIONS; ENFORCE' MENT AND PENALTIES; PRO weekly newspaper published in Marathon, . .VIDING FOR SEVERABILITY; • PROVIDING FOR THE REPEAL In Monroe County, Florida: that the OF ALL ORDINANCES INCON; • SISTENT HEREWITH;PROVID, attached copy of advertisement was ING FOR . INCORPORATION INTO THE MONROE COUNTY published in said newspaper in the issues CODE OF ORG INANCES;CAVD, E of: .(date(s) of publication) DATE - Pursuant to Section 286.0105, ,/�/� % 3 / .'that erson,notice-is given II/ Ip l/�L / that if a person'decides to ap- peal any decision made by the ^ -//� " Board with respect to any mat- (///(f)� GXD®/ wteilcoeed a ct the hearing,h- . will need a record of the pro- ceedings;and that,for such pur-, pose, he may need to ensure that a verbatim record of•the proceedings is made,which re- Affiant further says that the said FLORIDA cord includes the testimony and evidence upon which the appeal KEYS KEYNOTER is a newspaper published is to be based. at Marathon, in said Monroe County , =Copies of the above-referenced v _ordinance_are-available for.re- _ CDview at-the-various public Ii5rra C.-i r= Florida, and that the said newspaper has C iesinMonroeCounty,Florida. ;w — heretofore been continuously published in • Dated at Key West,Florida,this 95 2 't7 f'? 23rd day of March,2001. - p�—. .. 23 CD said Monroe County, Florida, twice each - r-Ir: — DANYL.KOLHAGE ^•i week (on Wednesday and Saturday) and .. -Clerk N of theCirbuitCourtandex C'3• r— - officio.Clerk of the Board of C C•3• has--been entered as a second class mail - County Commissioners of/ C— ' Monroe County;Florida ^C �Q _ matter at the post office in Marathon, in Publish March 31.April 7, �nr— = Pi O 2001. • :�. •,.1. Monroe County, Florida, for a period of - Florida Keys Keynoter . -P .,_.,• • . L' CD rT1one year next preceding the first r` w -7.D�i • publication of the attached copy of '' C cv advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. Sworn to nd s ribed before me this /0 ay o . _4,CA_, , 2001 (SEAL) • �4. (p BEVERLY 1'RAEGER Cdaltir—: / ►a key ON4cfi.:QC 9 070942 N. Ota ry lye•.6=,, , 11 Ma I.D. t 1 THE E, Your Upper Keys Connection No.3767800` + " ' PORTER NOTICETO OFCONSIDER INTENTADOP- ION P.O. Box 1197•Tavernier,Florida 33070-1197 TION OF COUNTY OR- (305)852-3216 Fax: (305)852-8240 DINANCE , NOTICE.IS HEREBY _. TO WHOM IT GIVEN PROOF OF PUBLICATION GIVEN CERNthaton Wednesday,April 18, . 2001 at 3:00 PM at the • STATE OF FLORIDA Harvey Government Center-Truman School, COUNTY OF MONROE 1200TrumanAvenue, Key West,Monroe Coun- ty,Florida,the Board of Before the undersigned authority County Commissioners da,personall appeared JACKLYN HARDER of Monroe County,Flori- Y pP intends to consider who on oath, says that she is ASSOCIATE i the adoption ofthefol- PUBLISHER of THE REPORTER, a weekly ' lowing County ordi- newspaper entitled to publish legal Hance: advertising published at Tavernier, AN ORDINANCE OF THE BOARD OF COUN- , Monroe County, Florida: that the attached TYCOMMISSIONERS copy of advertisement, being LEGAL • OF MONROE COUNTY, PROHIBIT- NOTICE in said newspaper in the issue of: ING PERSONS FROM WILLFULLY ENTER- ING UPON OR REMAIN- ' ING UPON THE -PR_FM)SFS( F.F A9 March 29, 2001 & April 5, 2001 I VEY GOVERNMENT ' CENTER AT HISTORIC TRUMAN SCHOOL BE- Affiant further says that THE REPORTER ' TWEENTHEHOURS , is a newspaper published at Tavernier, in ' PROVIDINGDFOEX- said Monroe County, Florida, and that the ' CEPTIONS;PROVID- G ENFORCE- said newspaper has heretofore been MENTOANDR NPENAL • - continuously published in the said TIES;PROVIDING FOR ' Monroe Counts, Florida, each week 1 SEVERABILITY;FOR PRO- `]r (on � VIDING FORTHE RE- Thursday), and has been entered as PEAL OF ALL O.RDI- second class mail matter at the Post ORDI- NANCES WITHIS- TENT HEREEWITH; Office in Tavernier, in said County of PROVIDINGFORIN- Monroe, Florida, for a period of one year THOE MONROE COUN- next preceding the first publication of the i TY CODE OF.ORDI- attached copy of advertisement; and NANCES;AND PRO- affiant further says that he has neither , DATEGANEFFECTIVE paid nor promised any firm, person, or on corporation anydiscount, rebate, 286.0105,Pursuant Floridapi 286.0105,Floida O E) commission or refund for the purpose of . Statutes,notice is given - — __.. ;— securingthis advertisement for thatifaanys decisin on . :-': appeal any decision_ %C")=- 5; 171 publication in the said newspaper and that i made by the Board with CjI :: -< n The Reporter is in full compliance with j respect to any matter ,,, — -=7 considered at the hear- Chapter 50 of the Florida State Statutes on I ing,he will need a record S -_ Legal and Official Advertisemen -. of the proceedings,and A• c.:-, g that,for such purpose,h c �" may need to ensure that : N C� •a verbatim record of the CD proceedings is made, J;-i — • rU /, // / il,/, which record includes the and evidence �1 tD _4 w / A ' sit / upon whitestimonch the appeal is Swo. n to :nd a scribe. before me th s to be based. 5th •ay of April 2 t 01. Copies of theabove-ref- , erenced ordinance are (SE A L) eefi Anna M Hines available for review at the variouspublic libraries in d;�^'•'1' My Commission CC715804 Monroe County,Florida: `'r: i s March 31,2002 bate t Key West n Flo - - //�`( ik da,this 23rdof March,20001:: Notary DANNY L.KOLHAGE, Clerk of the Circuit . Court and ex officio Clerk of- , the Board of County- ra missbpners of _ injo .ram KE' PWEST � � 4 I7F IT ,4N 3420 Northside Drive Key West Fl. 33040 Office 305-294-6641 Fax 305-294-0768 Published Daily Key West,Monroe County,Florida 33040 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is director of the Advertising Department of the Key West Citizen, a daily newspaper published in Key West, in Monroe County,Florida; that the attached copy of advertisement, being a legal notice in the matter of - 09214.41-La_Ai Ll-n)-Q. . In the . Court, was published in said newspaper in the issues of 30 tacoAlt /, Zoo ) Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published ink said Monroe County, Florida each day (except Saturdays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceeding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 4/ Signature of Affiant ca w %vollt and subscribed before me this 20 day of , 2001 U .. <.) �2 • CD 7 .0 t!_ N yu �L/Yt-R.YIAAJ Y 'r_ `��O ��- ignature of Notary Public Li— CD Thomas `� o\�pA\SSIOIV64- J.�23 2014.: o9. -' Expires: July 23, 2004 `Aotary,Sp.A.1 Personally Known x Produced Identification ti #CC956515 • .o� Type of Identification Produced :, • l Andedto YP •�,9�.`•.;°YFain•Inss��'.•cfl.. NOTICE OF INTENTION TO .. CONSIDER ADOPT,,ON OF COUNTY`ORDINANCE _ NOTICE IS HEREBY GIVEN TO I WHOM IT MAY CONCERN that on 1 Wednesday, April 18, 2001 at 3:00 I PM at the Harvey Government Cen- ter - Truman School, 1200 Truman •Avenue, Key West, Monroe County, 'Florida, the Board of County Com- missioners of Monroe County, Flori- da, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD , OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA, :PROHIBITING PERSONS FROM WILLFULLY ENTERING UPON OR REMAINING UPON THE PREM • - ISES OF HARVEY GOVERNMENT CENTER AT HISTORIC TRUMAN SCHOOL BETWEEN THE HOURS ' OF 6 PM AND 6 AM;PROVIDING , FOR EXCEPTIONS;PROVIDING !FOR ENFORCEMENT AND.PENAL- TIES;PROVIDING FOR SEVERA- BILITY;PROVIDING FOR THE RE- '. PEAL OF ALL ORDINANCES IN • - CONSISTENT HEREWITH;PRO-- VIDING FOR INCORPORATION IN-TO.THE MONROE COUNTY CODE • OP-ORDINANCES;'AND PROVID '4'19 _ INGAN;EFFECTIVE'DATE ;:;i:_t' PUrqarit`to Section 286..0105, FI&i da"Statutes, notice is given that if a person decides to appeal any deci-, sion made-by the Board with respect to any matter considered at the hear ing; he will need a record of the pro- ceedings,and that,for such purpose, he may need to ensure that a verba- tim record of the proceedings is made,which record includes the tes-, 'timony and evidence upon which the ;appeal is to be based: !Copies of the above-referenced ordi- :nance are•available for review at the ;various public libraries in Monroe !County,Florida. Dated at Key West, Florida,this 23rd Iday of March,2001., • j DANNY L.KOLHAGE,Clerk of the Circuit Court and ex-officio Clerk of - the-Board-of County-Commissioners,, of Monroe County,Florida.. March 30&April 6,2001 DIVISIONS OF FLORIDA DEPARTMENT OF STATEC1 __S�„, �t`� HISTORIC PRESERVATION BOARDS Office of the Secretary • ; '"•F,� Historic Florida Keys Preservation Board Division of Administrative Services Historic Palm Beach County Preservation Board Division of Corporations , ,_4.►,Ae c__�•,�b Historic Pensacola Preservation Board Division of Cultural Affairs ht is' Historic St.Au stine Preservation Board Division of Elections z"`ii flin rp h Division of Historical Resources �'�c4^ ;+;. •.3. Historic Tallahassee Preservation Board • Historic Tampa/Hillsborough Division of Library and Information Services �'" % County Division of Licensing F2p wa Preservation Board MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE RINGLING MUSEUM OF ART Katherine Harris Secretary of State DIVISION OF ELECTIONS May 15, 2001 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Pam Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated May 7, 2001 and certified copies of Monroe County Ordinance Nos. 017-2001 and 018-2001, which were filed in this office on May 14, 2001. Sincerely, Liz Cloud, Chief Bureau of Administrative Code LC/mp o ? CD m Onc')r • • CD 2=. • - rri . O , !> , .W cD CJ1. BUREAU OF ADMINISTRATIVE CODE The Elliot Building • 401 South Monroe Street • Tallahassee,Florida 32399-0250 • (850)488-8427 FAX: (850)488-7869 • WWW Address: http://www.dos.state.fl.us • E-Mail: election@mail.dos.statefl.us • • • • • Municipal Code Corporation Hinfo@mail.municode.com — S '�- Q PO Box 2235 2` ;. H Tallahassee, Fl 32316-2235 s U.S.P CSTA%� ' cNAT15'01fn 't' ' • Supplement 72 05/15/2001 �� m t'�37a 0 .2 0 .� PEIMETER 6856045 y -Me have received the following material through hard copy. Thank you for your assistance and cooperation. • Ordinance Mos. 017-2001 and 018-2001. TO: 800-262-2633 fax 850-575-8852 BJJ Ms. Pamela S. Hancock • We can print Police and Sheriff's manuals. - Deputy Clerk Let us help you get your Manuals up-to-date. - Monroe County Tired of mailing out Codes and Supplement? 500 Whitehead Street • We can distribute them for you for a minimal fee! Key West, FL 33040 e-mail your ords to us at ordsSmail.municode.com — — — U'%2 1 4(W1.11y4111htit=11161111 4111.1I111eeili1il1ej116001 l March 7, 2001 Ordinance 017-2001 Page 2 & Ordinance 018-2001 • Cc: Municipal Code Via Certified Mail 7099 3400 0005 9118 6824 County Administrator w/o documents Monroe County Sheriff's Office- Ordinance No. 017-2001 Key West Police Department- Ordinance No. 017-2001 County Attorney Public Works BOCC File I ' 1 7099 3400 0005 9118 6855 4 D SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY H Fri ay a )g• o n ,C r Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly)., B. Date of Delivery , F• w •a Fill U i n , 0 Tm1 • item 4 if Restricted Delivery is desired: _ W Ap ti- N 8 F. s o = " o w 7'-. -0 �° • Print your name and address on the reverse .C. Sig (,�' '' W �' a �� o uN ( = Z11 so that we cam return the card to you. �� rn f-li o „ =e a -� ®F ST \T�J Agent" oo rt,0 ,• T T T m rh m a ■ Attach this card to the back of the mailpiece, "(��� : m 0 r , N coco or on the front if'space permits. 5�PA� ❑Addressee o �� o O D. Is delivery address different from item 1? ❑Yes clf x PL`- 71 c. 1. Article Addressed to: G Z G if.YES,enter delivery address below: 0 No t� Gh r'. Mrs. Liz Cloud ( �„ n H N•a c ° D 5 Bureau of Administrative Code • \ a R. - '` The Elliott Building A:N p� \o ao rt� 1 m 401 S Monroe Street o N W o m o Tallahassee FL 32399-0250 3. ice Type VI m` KF _� m a.m .4fr ertified Mail ❑ Express Mail O CD a y cn_ c, 9 o Registered ❑ Return Receipt for Merchandise a ___, <N— p cQ _ ❑ Insured Mail ❑ C.O.D. �"C . =y -I 4. Restricted Delivery?(Extra Fee) ❑Yes ti m r �, o '/ q� O co 2. / N0 " Q Q co PS Fo 2595-00-M-0952 ; / SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY .� 7099 3400 0005 9118`6824 W T n' �; Z ■ Complete items 1,2,and 3.Also complete A: Received by(Please Print Clearly) B. Date of Delivery a 1 ,4 o am n item 4 if Restricted Delivery is desired: - siii g. °s a m rilF„D! ,_,:s, 0 m cc a j • Print your.name and address on'Yhe reverse C. Sign- re ° ° w 3 a 3' ' `D m so that we can return the card to'you. g 8 N io d a a '~'° o ❑A ent •u m rn c' O ■ Attach this card to the back of the mailpiece, /ice/,�/� p Addressee ' 0, ^ , �g a - or on the front if space permits. ? • ❑Yes o ism W m m w I co m m D. Is delivery address differ item 1? Ill 8 m a _ 1. Article Addressed to: • If YES,enter delivery address below: ❑ No I MP, �5' iii ( O m (1 • Municipal Code Corporation 4 Evelyn Jefferson . g-o / c D n• i� PO Box 2235 .. • �u v-1 f • y r a) Tallahassee FL. 32316-2235 (• ° • z 3. Service Type ( � .� o m Ij(certified Mail ❑ Express Mail .44-11r . 1 N n N g �� I ` m ❑ Registered • 0 Return Receipt for Merchandise V11 L ❑ Insured Mail ❑C.O.D. ` d `.. 4. Restricted Delivery?(Extra Fee) ❑Yes CD c' 1 N � i CD 2. Article Number(Copy from service label) '.7 �� d 7099 3400 0005 9118 6824 o W R {{ { {? I{ {t{t 4 102595 00-M-0952 cn v` b PS Form 3811,tJuly 1999{ { { {{Domestic Return Fie eipt - � 0 g I I GOUNTy CO:rr .i Jam.;JM•CU�O`•.G r' cowl.to CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE BRANCH OFFICE PLANTATION KEY MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER 3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070 TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145 FAX(305)289-1745 • FAX(305)295-3663 FAX(305)852-7146 May 7, 2001 Mrs. Liz Cloud, Chief Bureau of Administrative Code&Laws The Elliott Building 401 S Monroe Street Tallahassee FL 32399-0250 Via Certified Mail 7099 3400 0005 9118 6855 Dear Mrs. Cloud, Enclosed please find certified copies of the following: Ordinance No. 017-2001 prohibiting persons from willfully entering upon or remaining upon the premises of Harvey Government Center at Historic Truman School between the hours of 6 PM and 6 AM; providing for exceptions; providing for enforcement and penalties; 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; Ordinance No. 018-2001 amending Section 13.5-3, in order to define the usage of the wood pier at Higgs Beach County Park; 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. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on April 18, 2001. Please file for. record. Danny L. Kolhage Clerk to Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. H cock Deput Clerk