Ordinance 010-1989
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Commissioner John Stormont
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ORDINANCE NO. 010 -1989
1\N, ,ORDINANCE OF MONROE COUNTY, FLORIDA,
plWVT1HNG FOR THE AMENDMENT OF SECTION 3-12,
OF THE MONROE COUNTY CODE ENTITLED, "ENFORCE-
MENT; FINES" SUBSECTION (1) (a) SHALL BE
AMENDED TO PROVIDE FOR A CITATION TO THE
OWNER OR KEEPER OF THE ANIMAL; SUBSECTION
(1) (b) SHALL BE DELETED, SUBSECTION (1)(c)
SHALL BE RENUMBERED AS ( 1 ) (b); SUBSECTION 3
of SECTION 3-12 SHALL BE AMENDED BY ADDING
SUBSECTION (3)(a) TO PROVIDE THAT VIOLATIONS
OF THIS SECTION SHALL CONSTITUTE A CIVIL
INFRACTION; SUBSECTION 3 OF SECTION 3-12
SHALL BE AMENDED BY ADDING SUBSECTION (3)(b)
TO PROVIDE FOR COURT COSTS; SUBSECTION 3 of
SECTION 3-12 SHALL BE FURTHER AMENDED BY
ADDING SUBSECTION (3)(c) TO PROVIDE FOR THE
PENALTY IF ONE DOES NOT CONTEST THE VIO-
LATION; SUBSECTION 4 OF SECTION 3-12 SHALL BE
DELETED IN ITS ENTIRETY; PROVIDING FOR
SEVERABILITY; PROVIDING THAT ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE ARE HEREBY REPEALED TO THE EXTENT
OF SAID CONFLICT; PROVIDING FOR INCLUSION IN
THE MONROE COUNTY CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
Section 1.
Subsection l(a) of Sec. 3-12 of the Monroe
County Code is hereby amended to read as follows:
"Sec. 3-12. Enforcement; fines.
(a) Issue a citation to the owner or keeper of the
animal, which shall contain:
1) the date and time of the issuance of the citation;
2) the name and address of the person cited;
3) the date and time the civil infraction was commit-
ted;
4) the facts constituting probable cause for the
issuance of the citation;
5) the ordinance violated;
6) the name and authority of the officer issuing the
citation;
7) the procedure for the person to follow in order to
pay the civil penalty or to contest the citation;
8) a statement of the maximum civil penalty (not to
exceed $500.00) which may be imposed if the person
cited contests the citation and is determined to have
violated the ordinance;
9) a statement of the civil penalty payable if the
person cited does not contest the citation;
10) a conspicuous statement that if the person fails to
pay the civil penalty within the time allowed, or fails
to appear in court to contest the citation, he shall be
deemed to have waived his right to contest the
citation, and that, in such case, judgment may be
entered against the person for an amount up to the
maximum civil penalty of $500.00.
Any person willfully refusing to sign and accept a
citation issued by an officer shall be guilty of a
misdemeanor of the second degree, punishable by a term
of imprisonment not to exceed 60 days or a fine not to
exceed $500.00, in addition to the civil penalty."
Section 2. Subsection l(b) of Section 3-12, Monroe
County Code shall be deleted in its entirety.
Section 3. Subsection l(c) of Section 3-12, Monroe
County Code shall be renumbered as l(b).
Section 4. Subsection 3 of Section 3-12, Monroe County
Code shall be amended to read as follows:
(3) Punishment. Upon conviction, any person violating
this chapter shall be punished as provided by law.
Each day during which the violation continues shall be
deemed a separate offense.
(a) Violations of any provision of this chapter shall
constitute a civil infraction. The maximum civil
penalty shall not exceed five hundred dollars
($500.00).
(b) Court costs, surcharges and other special charges
shall be deducted by the clerk of the circuit court in
the same manner and amounts as provided for class 1
noncriminal violations.
(c) If the party cited does not contest the citation,
the penalty given shall be equal to fifty percent (50%)
of the penalty deemed appropriate by the Court."
2
Section 5.
Subsection 4 of Section 3-12 of the Monroe County
Code entitled "Schedule of Fines" shall be deleted in its
entirety.
Section 6. 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 7. All ordinances or parts of ordinances in con-
flict with this ordinance are hereby repealed to the extent of
any such conflict.
Section 8.
The provisions of this ordinance shall be
included and incorporated in the Monroe County Code of Ordi-
nances, as an addition or amendment thereto, and shall be appro-
priately renumbered to conform to the uniform numbering system of
the Code.
Section 9.
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 #A day of
'fr; I
, 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
At te s t : DANNY 1.. KOLHAGE, Clerk
By' U~
ayor a man
~LAf~ ;D.L
A/IfIIIOWD M TOIOMI
AND LEGAL $fJFFletlNCY.
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FILED WITH SECRETARY OF STATE: +:/, /-v 1ft'}
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EFFECTIVE DATE: ~ /0 /<?d.?
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (306) 294-4641
April 12, 1989
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL, (305) 852.9253
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
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Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 010-1989 providing for amendment of Section 3-12 of the
Monroe County Code entitled "Enforcementi Fines" relating to
Chapter 3, "Animals and Fowl".
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on April 4, 1989.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
cc: Municipal Code Corp.
Mayor Michael Puto
Commissioner Wilhelmina Harvey
Commissioner Douglas Jones
Commissioner Eugene Lytton
Commissioner John Stormont
Sheriff Allison DeFoor
County Attorney Randy Ludacer
County Administrator Tom Brown
ACA/Public Works Dent Pierce
June Gwynn
File
Deputy Clerk
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card frDm baing returnad to you. Tn.. return rec:;elotrf,e will Qrovlda YOU the nama of tha oarlon
. dallvered to and the data of d,Uvtrv. ","or addItIonal .... the following ..rvlo_ are available. Conlult
pOlttnalter for, feel and check box(_) for additional ~IQe(l) requ..tad.
1. 0 Show to whom dallvered, d.te, anljt addr'_'1 .ddr.... 2.. 0 R8Itrlctad Delivery
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5. Sigrialure - Addressee
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Always obtain signature of addressee
ora nd DATE DELIVERED.
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APR 17 1989
PS Form 3811, Mar. 1987
* U,S.G.P.O. 1987.178-288
DOMESTIC RETURN RECEIPT
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
T allahas"ee. Flonda 32399-0250
(904) 488-8427
April 18, 1989
Honorable Danny L. Kolhage
Clerk of Circuit Court - Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk, Courthouse
Dear Mr. Kolhage:
Pursuant to the provisions
this will acknowledge:
1. Receipt of letterjs of
and certified copyjies
County Ordinance(s)
of Section 125.66, Florida Statutes,
April 12, 1989
of Monroe
89-9 and 89-10
2. Receipt of
relative to:
County Ordinance(s)
( a)
which we have numbered
(b)
which we have numbered
3. We have filed ~~~jthese ordinances 1n this office
on April 17, 1989. (2:44 pm)
4. The original/duplicate copyjies showing the filing date
is/are being returned for your records.
Since:elYn~_ (\
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Bureau of Administrative Code
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