Ordinance 002-2001
County Attorney
ORDINANCE NO 02 - 2001
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SEC. 13-53, MONROE
COUNTY CODE, IN ORDER TO REVISE THE SUBSECTION OF THE
NOISE CONTROL ORDINANCE THAT REQUIRES LIVE
ENTERTAINMENT OR AMPLIFIED SOUND IN COMMERCIAL
ESTABLISHMENTS BE IN FULLY ENCLOSED STRUCTURES;
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. Sec. 13-53, Monroe County Code, is hereby amended to read:
Sec. 13-53.
requirement.
Prohibition against unreasonable noise; sound-proofing
(a) No person shall make, continue, or cause to be made any
unreasonable noise.
(b) If a complaint arises from a multi-story structure, the
determination of whether such sound constitutes unreasonable noise shall
be made from a story height equal to that of the sound source.
(c) Any commercial structure or property that provides live
entertainment or amplified sound, including any portable structure or vehicle of
any type, shall be fully enclosed and soundproofed whenever such live
entertainment or amplified sound is provided during customary sleeping hours.
No person shall, during customary sleeping hours, make, continue or cause to be
made any live entertainment or amplified sound in or on such commercial
structure or property except within a fully enclosed and sound proofed structure.
The occasional escape of noise resulting from the opening of access doors is
expected and the brief period of noise therefrom shall not constitute a per se
violation of this subsection, but if escape noise is unreasonable noise, it shall
constitute a violation of subsection (a).
Section 2. Sec. 13-52, Monroe County Code, entitled Definitions, is hereby
amended to add the following:
Customary sleeping hours shall mean the period of time commencing at
10:00 P.M. and ending at 8:00 A.M. the following morning, except that on Friday
and Saturday nights, the period shall commence at 11:00 P.M. rather than 10:00
P.M. On the New Year's Eve holiday, the period shall not commence until 1:00
A. M. on January 1.
Section 3. 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 4. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 5. 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 6. 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 17th day of January, 2001.
yes
yes
yes
not present
yes
, . Y L. KOLHAGE, Clerk
~'~~
a:,ty (?(erk
BOARD OF COUNTY COMMISSIONERS
~;N;FLO~(f-cJ-
Mayor/Chairperson
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BRANCH OFFICE
3117 OVERSEAS mGHWA Y
MARAmON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WFST, FLORIDA 33040
TEL, (305) 292-3550
FAX (305) 295-3660
February 7, 2001
BRANCH OFFICE
88820 OVERSEAS mGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Dear Mrs, Cloud,
Enclosed please a find certified copy of the following:
Ordinance No. 002-2001 amending Sec. 13-53, Monroe County Code, in order to revise
the subsection of the Noise Control Ordinance that requires live entertainment or amplified sound
in commercial establishments be in fully enclosed structures; 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 January 17, 2001. Please file for record.
Danny L, Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: pamela~
~le~
Cc:
Board of County Commissioners
County Administrator w/o documents
Municipal Code
Sheriff's Office
Coun~ Attorney
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//JA / r
CY~ 1102.. 2001
NO: 9253200
NOTICE OF INTENTION
TO CONSIDER
ADOPTION OF COUN-
TY ORDINANCE
NOTICE IS HEREBY
GIVEN TO WHOM IT
MAY CONCERN that on
VVednesday,Janua~
17,2001 at3:00 PM at
the Harvey Government
Center- Truman School,
1200 Truman Avenue,
Key VVest, Monroe Coun-
ty, Florida, the Board of
County Commissioners
of Monroe County, Flori-
da, intends to consider
the adoption ofthe follow-
ing County ordinance:
PORTER
P.O. Box 1197. Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8240
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority
personally appeared JACKL YN HARDER
who on oath, says that she is ASSOCIATE
PUBLISHER of THE REPORTER, a weekly
newspaper entitled to publish legal
advertising published at Tavernier,
Monroe County, Florida: that the attached
copy of advertisement, being a LEGAL
NOTICE in said newspaper in the issue of:
AN ORDINANCE OF
THE BOARD OF COUN-
TY COMMISSIONERS
OF MONROE COUNTY,
FLORIDA, AMENDING
SEC. 13-53, MONROE
COUNTY CODE, IN OR-
DER TO REPEAL THE
SUBSECTION OF THE
NOISE CONTROL OR-
DINANCE THAT RE-
QUIRES LIVE ENTER-
TAINMENT IN COM-
MERCIAL ESTABLISH-
MENTS BE IN FULLY
ENCLOSED STRUC-
TURES; PROVIDING
FOR SEVERABILITY;
PROVIDING FOR THE
REPEAL OF ALL ORDI-
NANCES INCONSIS-
TENT HEREWITH;
PROVIDING FOR IN-
CORPORATION INTO
THE MONROE COUN.
TY CODE OF ORDI-
NANCES; AND PRO-
VIDING AN EFFECTIVE
DATE
December 21 & 28, 2000
Affiant further says that THE REPORTER
is a newspaper published at Tavernier, in
said Monroe County, Florida, and that the
said newspaper has heretofore been
continuously published in the said
Monroe County, Florida, each week (on
Thursday), and has been entered as
second class mail matter at the Post
Office in Tavernier, in said County of
Monroe, Florida, for a period of one year
next preceding the first publication of the
attached copy of advertisement; and
affiant further says that he has neither
paid nor promised any firm, person, or
corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for
publication in the said newspaper and that
The Reporter is in full compliance with
Chapter 50 of the Florida State Statutes on
Legal and Official Advertiseme ts.
Pursuant to Section
286.0105, Florida
Statutes, notice is'given
that if a person decides to
lfpp'''.1 ..ny rl.....j..inn
madetiy the Board with
respect to any matter
considered at the hear-
ing, he will need a r8!!f~d
ofthe proceedings, I!JCI I::;
that for such purpoSll: he: c"
c may need to enSU!cb. ~ ...,.:,:
a verbatim record 0 !;; : c .
proceedings is ma .
which record inclu ~
testimony and evid~...
upon which the ap~c_
to be based.:JC'") r
~.. .:J:
COPiesoftheabo~' f-~'
erenced ordinan are;;'1
available for revie at the
various public libraries in
Monroe County, Florida.
Dated at Key VVest, Flori-
da, this 18th day of De-
cember, 2000.
DANNY LKOLHAGE,
Clerk ofthe Circuit Court
and ex officio Clerk of the
Board of County Com-
missioners of Monroe
County, Florida
Publish: 12/21 &
12/28/00
The Reporter
Tavernier. FL 33070
"'6'- Anna M Hines
t'*MY mmlSSlon .;C:'
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fLORIPA HE rs
KEYNOTER
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared WAYNE MARKHAM who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in Monroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the issues
of: (date(s) of publication)
17 t/l?::mtCrtZ~ ;?tffZl
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year next preceding the first
publication of the attached copy of
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 Kevs Keynoter is in full
comoliance with Chapter 50 of the Florida
State Statutes on Leaal and Official
Advertisements.
Swornjo an
this.2l...D
(SEAL)
/& tIr4f maL r
Notary ~
no. 4249200
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVeN TO
WHOM IT MAY CONCERN that
on Wednesday, Deoember 13,
2000, at 3:00 PM at the Mara
them G~ernment Center, 2798
Overseas Highway, Marathon,
Monroe County. Florida, t
Board .0, f County Commission
ers of, Monroe CQunty, Flor~,
'intendti to consider the adop-
::,~~.e following County ClI'-
AN ORDINANCE OF THE
BOARD OF COUNTY COMM'
SIONERS OF MONROE COUN-
TY, FLORIDA. AMENDING SEC.
13-53, MONROE COUNTY
CODE, IN ORDER TG REPEAL
THE SUBSECTION OF THE
NOISE CONTROl ORDINANCE
THAT REQUIRES LIVE ENTER-
TAINMENT IN COMMERCIAL
ESTABLISHMENTS BE IN FUL
L Y ENCLOSED S'mUCTURES:
PROVIDING FOR SEVERASILI
TY; PROVIDING FOR THE RE-
PEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWITH:
PROVIDING FOR INCORPORA-
TION INTO THE MONROE
COUNTY CODE OF ORDI-
NANCES: ANOpROVIDING AN
EFFECTIVE DATE
Pursuant to Section 286.01 05,
Florida Statutes. notice is given
that if a person decided to ap-
peel 8ftY ~isio') made by the
Board with respeCt to any mat-
ter considered at such hearings
or meetings. he will need a re-
cord of the proceedings. and
that, for such purpose. he may
need to ensure that a verbatim
~~~' ~hi~~e r~~~~r1~'::?~d~:
the ,testimony and evidence
upon which the appeal is to be
based.
~~JI~':'n~: t~;:. a~,7.:J::;bree~~~~
view at the various public lib"..-
ies in Monroe County, Florida.
I Dated at Key West, Florida, this
24th day of November, 2000. ,
ContInued on the
Next Column
Clerk of the Circuit Court and a
officio Clerk of the BOlll'd 0
County Commissioners
Monroe County, Florida
Publish ~ovember 25.'
December 2. 2000.
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fLORI~A IUTJ
KEYNOTER
no. 9740000
'NOTICE OF INTENTION TO
CONSID.ER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCEflN that
on. Wednesday, January' 17.
2001 at 3:00PM at thl't Harvey
Government Center - -Truman
School. 1 200 Truman Avenue.
Key West, Monroe County.
Florida, the Board of County
Commissioners of Monroe
County. Florida, intends to con-
sider the adoption of the follow-
ing County ordinance:
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
;hel&Uv ;? 3, &J, N/nJ
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF MONROE. COUN-
TY, FLORIDA. AMENDING SEC.
13-53, MONROE COUNTY
CODE, IN ORDER TO. REVISE
THE SUBSECTION OF THE
NOISE CONTROL ORDINANCE
THAT REQUIRES LIVE ENTER-
TAINMENT IN COMMERCIAL
ESTABLISHMENTS BE IN FUL-
L Y ENCLOSED STRUCTURES;
PRO\/lnINf.: I=()R ~1=\/I=RLlRII I
ContlriU!Nf on the
Next CoI~n .
TY;PROVIDING FOR~ THE. RE-
PEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWITH;
PROVIDING FORINCORPORA-
TION INTO THE MONROE
COUNTY CODE OFQRDI-
NANCES; AND PROVIDING AN
EFFECTIVE DATE
Pursuant to Section 286.0105,
Florida Statutes. notice is given
that if a person decides to ",
peal any decision made by the
Boai'd with raspect to any mat-
ter considered at the hearing, he
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-
cord includes the testimony and
l'tVidence upon which the appeal
is to be based.
;~~e:n~: t::::. a~:.;:r:;-bf:~~cr~~
view at the various pUblic librar
ies in Monroe County, Florida.
Dated at Key West, Florida, this
18th day of December, 2000.
DANNY L. KOLHAGE,
Clerk of the Circuit Court and ex
officio Clerk of the Board of
County Commissioners of
Monroe countY, Florida
Publish December 23, 30,
2000.
Florida Keys Keynoter
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STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared WAYNE MARKHAM who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in Monroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the issues
of: (date(s) of publication)
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on WedneSday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year next preceding the first
publication of the attached copy of
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 Flor.ida Kevs Kevnoter is in full
comoliance with Chaoter SO of the Florida
State Statutes on Leaal and Official
Advertisements.
2f/?j/
3420 Northside Drive
tf~3
KE~EST
ITIZEN
Key West Fl.
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 . A ~ ~ .
?&nt~~ CnuvdoJ,..J -~/~/3-.53
In th Court, was published in said newspaper in the issues of
000
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 in 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 pUblicat~~aper.
. Signature of Affiant
Sworn and subscribed before me this 3 day of 9~
~
,2001
nature of Notary Public
.~-:~ ',l.HW08 30~HOW
. "~'~IW
Exp1res: 3(~ e' . ~Ha
Personalfy' own IX' ~ Produced Identification
Type o..AVattl RVf~h.~d
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"III. 'BUe 51 ~ \ '" \ ,,'\
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NOTICE OF INTENTION TO
COHI1DER ADOPTION OF
c:pUNTY QRDlNANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, January 17,' 2\X)1 at
3:00 PM, at the Harvey Government
Center - Truman School, 1200 Tru-
man Avenue, Key West, Monroe
County, Florida, the Board of County
Commissioners of Monroe County,
Florida, intends to consider the
adoption of the folloWing County or-
dinance:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
AMENDING SEC. 13-53, MONROE
COUNTY CODE, IN ORDER TO
REPEAL THE SUBSECTION OF
THE NOISE CONTROL ORDI-
NANCE THAT REQUIRES LIve
ENTERTAINMENT IN COMMER-
CIAL ESTABLISHMENTS BE IN
FULLY ENCLOSED STRUC-
TURES; PROVIDING FOR SEVER-
. ABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWITti; PRO.
VIDING FOR INCORPORATION IN.
TO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVID.
ING AN EFFECTIVE DATE.
Pursuant to Section 286.Q105, Aori.
da Statutes, notice is given .that ,if ,a
person decides to appeal any deci~
sidrt'l'rIade by the Board with respect
to any matter considered at sucl:l
hearings or meetings, he will need
a record of the proceedings, and
that, for such purpose, he may need
to ensure that a verbatim record of
the proceedings is made, which re-
cord includes the. evidence upon
which the appeal is to be based.
Copies of the above-referenced or-
dinance are available for review at
the various public libraries in Mon-
roe County, Florida.
Dated at Key West, Florida, this
18th day of December, 2000.
DANNY L. KOLHAGE, Cieri< of the
Circuit Court and ex-offleio CIertl_
the Boerd of C<ulty CommIeIIIonena
of Monroe eoune" FIGJrla
December 22 & 29, 2000
... ....)
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic Sl. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
RINGLING MUSEUM OF ART
FLORIDA DEPARfMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
February 12, 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 February 7, 2001 and certified copy of Monroe County
Ordinance No. 02-2001, which was filed in this office on February 9,2001.
Sincerely,
~e~Q
Bureau of Administrative Code
LC/mp
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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.state.fl.us
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