Ordinance 011-1978
ORDINANCE NO.ll
- 1978
AN ORDINANCE PERTAINING TO MONROE COUNTY,
FLORIDA: ENTITLED "NOISE CONTROL ORDINANCE
OF THE COUNTY OF MONROE": ADOPTING CONTROLS
ON THE EMISSIONS OF NOISE: ADOPTING STANDARDS
AND ACCEPTABLE NOISE LEVELS: PROVIDING DEFI-
NITIONS: MAKING IT UNLAWFUL TO EXCEED SAID
STANDARDS: PROVIDING PROCEDURES FOR MEASURING
SOUND LEVELS: ESTABLISHING AN ENFORCEMENT
PROGRAM: PROVIDING FOR A PENALTY: REPEALING
PRIOR NOISE ORDINANCE: PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA AS FOLLOWS:
ARTICLE I. SHORT TITLE
This ordinance may be cited as the "Noise Control Ordinance
of the County of Monroe".
ARTICLE II. DECLARATION OF FINDINGS AND POLICY: SCGPE
2.1 DECLARATION OF FINDINGS AND POLICY
WHEREAS, excessive sound constitutes a menace to the public
health and welfare and the quality of life:
WHEREAS, a substantial body of science and technology exists
by which excessive sound may be substantially abated:
WHEREAS, the Florida Constitution establishes the right of
the people to an environment free from excessive and unnessary sound:
and
WHEREAS, excessive and unnecessary sound that may jeopardize
human health or welfare or may substantially degrade the quality
of life is well within the purview of this governing body's police
powers:
NOW THEREFORE, it is the policy of the County of Monroe to
prevent, prohibit and provide for the abatement of excessive and
unnecessary noise which may injure the health or welfare of its
citizens or degrade the quality of life.
2.2 SCOPE
This ordinance shall apply to the control of all sound origi-
nating within the unincorporated area of Monroe County, Florida.
APPROVED ON
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ARTICLE III. DEFINITIONS AND STANDARDS
3.1 TERMINOLOGY AND STANDARDS
All terminology used in this ordinance, not defined below,
shall be in conformance with applicable publications of the American
National Standards Institute (ANSI) or its successor body.
3.2.1 "A-WEIGHTED SOUND LEVEL" MEANS
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is
designated dBA.
3.2.2 "COMMERCIAL AREA" MEANS
Any area lying within aBU-I, BU-2, or RU-7 zoned area as
shown on the official zoning maps of Monroe County, Florida. The
term "commercial" shall mean the same as "business" and shall also
include any RU-3 area devoted to hotel or motel use.
3.2.3 "DECIBEL (dB)" MEANS
A unit for describing the amplitude of sound, equal to 20
times the logarithm to the base 10 of the ratio of the pressure of
the sound measured to the reference pressure, which is 20 micropascals
(20 micronewtons per square meter).
3.2.4
"EMERGENCY" MEANS
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
3.2.5 "EMERGENCY WORK" MEANS
Any work performed for the purpose of preventing or
alleviating the physical trauma or property damage threatened or
caused by an emergency.
3.2.6 "(ENVIRONMENTAL PROTECTION OFFICE/NOISE CONTROL OFFICE
(EPO/NCO) )" MEANS
The Monroe County Planning and Zoning Department which shall
be the aepartment having lead responsibility for the enforcement of
this ordinance but the same may be enforced by State or county law
enforcement personnel.
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3.2.7 "INDUSTRIAL AREA" MEANS
Any area zoned BU-3 as shown on the official zoning maps of
Monroe County, Florida.
3.2.8 MULTI-FAMILY DWELLING" MEANS
A building or other shelter that has been divided into
separate units to house more than one family and shall include the
term "duplex".
3.2.9 "NOISE" MEANS
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect on
humans.
3.2.10 "NOISE DISTURBANCE" MEANS
Any sound in quantities which are or may be potentially
harmful or injurious to human health or welfare, animal or plant
life or property, or unnecessarily interfere with the enjoyment
of life or property, including outdoor recreation, of a reasonable
person with normal sensitivities.
3.2.11 "PERSON" MEANS
Any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or in-
strumentality of the United States, a State or any political sub-
division of a State.
3.2.12 "PUBLIC RIGHT-OF-WAY" MEANS
Any street, avenue, boulevard, highway, sidewalk or alley
or simila): place normally accessible to the public which is owned
or controlled by a governmental entity or which has been dedicated to
use for the benefit of the public or adjacent property owners.
3.2.13 "PUBLIC SPACE" MEANS
Any real property or structures thereon normally accessible
to the public.
3.2.14
"REAL PROPERTY LINE" MEANS
An imaginary line along the surface, and its vertical plane
extension, which separates the real property owned, rented or
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leased by one person from that owned, rented, or leased by another
person, excluding intra-building real property divisions.
3.2.15 "RESIDENTIAL AREA" MEANS
Any area zoned as RU-l, RU-1M, RU-1E, RU-2, and RU-3
(except motels and/or hotels), RU-4, RU-5, RU-5P, and RU-6 as shown
on the official zoning maps of Monroe County, Florida.
3.2.16 "SOUND" MEANS
An oscillation in pressure, stress, particle displacement,
particle velocity of other physical parameter, in a medium with
internal forces. The description of sound may include any character-
istic of such sound, including duration, intensity and frequency.
3.2.17 "SOUND LEVEL" MEANS
The weighted sound pressure level obtained by the use of a
metering characteristic and weighting A, B, or C as specified in
American National Standards Institute specifications for sound level
meters, ANSI Sl.4-1971, or in successor publications. If the
weighting employed is not indicated, the A-weighting shall apply.
3.2.18 "SOUND LEVEL METER" MEANS
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter, and weighting
networks used to measure sound pressure levels. The output meter
reads sound pressure level when properly calibrated, and the
instrument is of Type 2 or better, as specified in the American
National standards Institute Publication Sl.4-1977, or its successor
publications.
3.2.19 "PLACE OF PUBLIC ENTERTAINMENT" MEANS
Any establishment in Monroe County requiring a business and/or
occupational license and which provides music, dancing and/or any
other form of entertainment. 3.2.20 "WEEKDAY"MEANS Any day Monday
through Friday which is not a legal holiday.
ARTICLE IV. POWERS AND DUTIES OF THE (ENVIRONMENTAL
(NOISE CONTROL) OFFICE
4.1 LEAD (AGENCY/OFFICIAL)
The noise control program established by this ordinance shall
be administered by the Monroe County Planning and Zoning Department.
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4.2 POWERS OF THE (ENVIRONMENTAL PROTECTION)/(NOISE CONTROL)
OFFICE.
In order to implement and enforce this ordinance and for the
general purpose of noise abatement and contro, the EPO/NCO shall have,
in addition to any other authority vested in it, the power to:
4.2.1 STUDIES
Conduct, or cause to be conducted, studies, research, and
monitoring related to noise and make appropriate recommendations on
results of said studies.
4.2.2 EDUCATION
(a) Conduct programs of public education regarding:
(i) the cause, effects of noise and general methods
of abatement and control of noise, and
(ii) the actions prohibited by this ordinance and the
procedures for reporting violations; and
(b) Encourage the participation of public interest groups
in related public information efforts.
4.2.3 COORDINATION AND COOPERATION
(a) Coordinate the noise control activities of all municipal
departments;
(b) Cooperate where practicable with all appropriate and
Federal agencies;
(c) Cooperate or combine where practicable with appropriate
County and Municipal agencies, and;
(d) Enter into contracts with the approval of the County
commission for the provisions of technical and enforcement services.
4.3 DUTIES OF ENVIRONMENTAL PROTECTION (NOISE CONTROL) OFFICE
In order to effectively implement and enforce this ordinance,
the EPO/NCO shall within a reasonable time after the effective date
of the ordinance:
4.3.1 MEASUREMENT STANDARDS AND ENFORCEMENT PROCEDURES
(a) Develop measurement standards and procedures which will
further the purposes of this ordinance.
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(b) Develop administrative procedures which will provide
for effective enforcement of this ordinance.
4.3.2 (Reserved)
4.3.3 DELEGATION OF AUTHORITY
Delegate functions, where appropriate under this ordinance,
to personnel within the EPO/NCO and to other departments, including
the Monroe County Sheriff's Department, subject to the approval of
Board of County Commissioners of Monroe County, Florida.
4.3.4 STATE AND FEDERAL LAWS AND REGULATIONS
Make recommendations for modifications or amendments to this
ordinance to ensure consistency with all State and Federal laws and
regulations.
4.3.5 PLANNING TO ACHIEVE LONG TERM NOISE GOALS
Develop a long term plan for achieving quiet in Monroe County,
and, with the approval of the County Commission, integrate this plan
into the planning process of the County.
4.3.6 ADMINISTER GRANTS, FUNDS AND GIFTS
Administer noise program grants, funds, and gifts from public
and private sources, including the State and Federal governments.
ARTICLE V. DUTIES AND RESPONSIBILITIES OF OTHER DEPARTMENTS
5.1 DEPARTMENT ACTIONS
All departments and agencies shall, to the fullest extent
consistent with other law, carry out their programs in such a manner
as to further the policy of this ordinance.
5.2 DEPARTMENTAL COOPERATION
All departments and agencies shall cooperate with the EPO/
NCO to the fullest extent in enforcing this ordinance.
5.3 DEPARTMENTAL COMPLIANCE WITH OTHER LAWS
All departments and agencies shall comply with Federal and
State laws and regulations and the provisions and intent of this
ordinance respecting the control and abatement of noise to the same
extent that any person is subject to such laws and regulations.
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5.4 PROJECT APPROVAL
All departments whose duty it is to review and approve new
projects or changes to existing projects, that result, or may
result, in the production of sound levels which would be in
violation of this ordinance shall consult with the EPO/NCO prior
to any such approval.
ARTICLE VI.
6.1 NOISE DISTURBANCES PROHIBITED
No person shall unnecessarily make, continue, or cause to be
made or continued, any noise disturbance.
6.2 SPECIFIC PROHIBITIONS
~~e following acts, and the causing or permitting thereof,
are decla:~ed to be in violation of this ordinance.
6.2.1 RADIOS, TELEVISION SETS, MUSICAL INSTRUMENTS AND
SIMILAR DEVICES
Operating, playing or permitting the operation or playing
of any radio, television, ,phonograph, drum, musical instrument,
or simila:~ device which produces or reproduces sound:
(a) Between the hours of 10 p.m. and 7 a.m. the following
day in such a manner as to create a noise disturbance across a
residential or commercial real property line or at any time to violate
the provisions of ARTICLE VII except for activities for which a variance
has been issued by the Director of Planning and Zoning.
(b) In such a manner as to exceed the levels set forth for
public space in ARTICLE VII, measured at a distance of at least
50 feet (15 meters) from such device operating on a public right-of-
way or public space.
6.2.2 LOUDSPEAKERS
Using or operating for any purpose any loudspeaker, loud-
speaker system, or similar device between the hours of 10 p.m. and
7 a.m. the following day, such that the sound therefrom creates a
noise dist:urbance across a residential rea 1 property line, or at
anytime violates the provisions of ARTICLE VII.
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6.2.3 ANIMALS
OWning, possessing or harboring any animal or bird which
frequently or for continued duration, howls, barks, meows, squawks,
or makes other sounds which create a noise disturbance across a
residential or commercial real property line or within a noise
sensitive zone. This provision shall not apply to public zoos.
6.2.4 EXPLOSIVES, FIREARMS, AND SIMILAR DEVICES
Using or firing explosives, firearms, or similar devices
such that the sound therefrom creates a noise disturbance across
a real property line, or within a noise sensitive zone, public space
or public right-of-way, without first obtaining a variance issued
by the Director of Planning & Zoning. Such a variance need not be
obtained for licensed game-hunting activities on property where such
activities are authorized.
6.2.5 STATIONARY NON-EMERGENCY SIGNALING DEVICES
(a) Sounding or permitting the sounding of any
electronically amplified signal from any stationary bell, chime,
siren, whistle, or similar device, intended primarily for non-emer-
gency purposes, from any place, for more than 10 seconds in any
hourly pe:riod.
Cb) Houses of religious worship shall be exempt from the
operation of this provision.
(c) Sound sources covered by this provision and not
exempted under subsection (b) may be exempted by a variance issued
by the Director of Planning & Zoning.
6.2.6 MULTI-FAMILY DWELLINGS
(a) Operating or permitting the operation within a
multifamily dwelling any source of sound, in such a manner as to
exceed 55dBA from 7 a.m. to 10 p.m. or 45 dBA from 10 p.m. to 7 a.m.
when measured within an adjacent intra-building dwelling. These
noise limits shall not be exceeded more than ten percent of any
measurement period, which shall not be less than 10 minutes.
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(b) The maximum permissible sound level, when measured
in an adjacent intra-building dwelling between 10 p.m. and 7 a.m.
the following day, shall be 50 dBA.
6.2.7 AIR-CONDITIONING OR AIR-HANDLING EQUIPMENT
Operating or permitting the operation of any air-conditioning
or air-handling equipment in such a manner as to exceed any of the
following sound levels when measured as specified in the Code of
Recommended Practices:
Measurement Location dB(A)
Any point on neighboring property line 60
Center of neighboring patio 55
Outside the neighboring living area
window nearest the equipment location 55
6.2.8 PLACES OF PUBLIC ENTERTAINMENT
Operating or permitting to be operated, any loudspeaker or
other source of sound in any place of public entertainment that
exceeds the levels shown in Table I at any point normally occupied
by a customer, without a conspicuous and legible sign stating
"WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT".
TABLE I
Duration per day,
continuous hours
Nois e level dBA
8
6
4
3
2
1':;
1
':;
~ or less
90
92
95
97
100
102
105
110
115
ARTICLE VII
7.1 MAXIMUM PERMISSIBLE SOUND LEVELS BY RECEIVING LAND USE
(a) No person shall operate or cause to be operated any
source of sound in such a manner as to create a sound level Which
exceeds the limits set forth for the receiving land use category
in Table 2, more than ten percent of any measurement period, and
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said measurement period shall not be less than ten minutes when
measured at or beyond the property boundary of the receiving land use.
TABLE II
SOUND LEVELS BY RECEIVING LAND USE
Space, or
L10 Lmax
SOUND LEVEL LIMIT
Time dBA
7 a.m. - 10 p.m. 60 70
10 p.m. - 7 a.m. 55 60
Receiving
Land Use Category
Residential, Public
Institutional
Commercial or
7 a.m. - 10 p.m.
65
75
Business
10 p.m. - 7 a.m.
60
65
Manufacturing,
At all Times
75
85
Indust:rial or
Agricultural
unax - maximum sound level recorded during any
measurement period.
L10 - Def. Level, 10th Percentile - The A weighted sound
pressure level that is exceeded ten percent (10%)
of the time in any measurement period as six (6)
minutes in one hour, and is denoted L10.
ARTICLE VIII. MOTOR VEHICLE MAXIMUM SOUND LEVELS
8.1 MOTOR VEHICLES OPERATING ON PUBLIC RIGHT-OF-WAY
Motor vehicles on a public right-of-way are regulated as set
forth in .the Florida Motor Vehicle Noise Prevention and Control Act
of 1974, Chapter 74-110, Laws of Florida. Use F.S.
8.2 RECREATIONAL MOTORIZED VEHICLES OPERATING OFF PUBLIC
RIGHT-OF-WAY
No person shall operate or cause to be operated any
motorized vehicle off a public right-of-way in such a manner that
the sound levels emitted therefrom violate the provisions of ARTICLE
VII. This Section shall apply to all motorized vehicles, whether or
not duly licensed and registered, including, but not limited to,
commercial or non-commercial racing vehicles, motorcycles, go-carts,
amphibious craft, campers and dune buggies, but not including motor-
boats.
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ARTICLE IX. EXCEPTIONS AND VARIANCES
9.1 EMERGENCY EXCEPTION
The provisions of this ordinance shall not apply to (a) the
emission of sound for the purpose of alerting persons to the
existence of an emergency, or (b) the emission of sound in the per-
formance of emergency work.
9.2 SPECIAL VARIANCE
(a) The (EPO/NCO) is authorized to grant variances for
exception from any provision of this ordinance, subject to limitations
as to area, noise levels, time limits, and other terms and conditions
as the (EPO/NCO) determines are appropriate to protect public health,
safety, and welfare from the noise emanating therefrom. This Section
shall in no way affect the duty to obtain any permit or license
required by law for such activities.
(b) Any person seeking a variance pursuant to this section
shall file an application with the (EPO/NCO). The application shall
contain information which demonstrates that bringing the source of
sound or activity for which the variance is sought into compliance
with this ordinance would constitute an unreasonable hardship on the
applicant, on the community, or on other persons. Notice of an
application for a variance shall be mailed to adjacent property owners,
if the noise production element is to be stationary. Any individual
who claims to be adversely affected by allowance of the variance may file
a statement with the ~PO/NCO) containing any information to support
his claim. If at any time the (EPO/NCO) finds that a sufficient
controversy exists regarding an application, a public hearing will be
held.
(c) In determining whether to grant or deny the application,
the (EPO/NCO) shall balance the hardship on the applicant, the
,
community, and other persons of not granting the variance against
the adverse impact on the health, safety, and welfare of persons
affected, the adverse impact on property affected, and any other adverse
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impacts of granting the variance. Applicants for variances and
persons contesting variances may be required to submit any information
the (EPO/NCO) may reasonably require. In granting or denying an
application, the (EPO/NCO) shall keep on public file a copy of the
decision and the reasons for denying or granting the ordinance.
(d) Variances shall be granted by notice to t he applicant
containinl~ all necessary conditions, including a time limit on the
permitted activity. The variance shall not become effective until
all condi-tions are agreed to by the applicant. Noncompliance with
any condi-tion of the variance shall terminate the variance and
subject the person holding it to those provisions of this ordinance
for which the variance was granted.
(e) A variance will not exceed (365) days from the date
on which it was granted. Application for extension of time limits
specified in variances or for modification of other substantial
conditions shall be treated like applications for initial variances
under subsection (b).
(f) The (EPO/NCO) will issue guidelines pursuant to Section
4.3.1 app:roved by the County Commission defining the procedures to be
followed in applying for a variance and the criteria to be considered
in deciding whether to grant a variance.
9.4 APPEALS
Appeals of an adverse decision of the (EPO/NCO) shall be made
to the Board of County Commissioners of Monroe County, Florida. Review
by the County Commissioners of Monroe County, Florida. Review by
the County Commission shall be de novo.
ARTICLE X. ENFORCEMENT
10.1 PENALTIES
It shall be unlawful for any person to violate the provisions
of this O:rdinance and all violations of this Ordinance shall be and
constitute second degree misdemeanors under the provisions of Florida
Statute Chapter 125. Each day of violation shall consitute a separate
and distinct offense subject to the penalty provided herein.
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Violators of this Ordinance shall be prosecuted in the
county Court in the name of the State of Florida by the prosecutorial
officer thereof and upon conviction shall be punished by a fine of not
less than $50. or not more than $500. or by imprisonment in the County
Jail for not more than 60 days, or by both such fine and imprisonment.
Said prosecution may be instituted by way of citation or by
way of information.
10.2 OTHER REMEDIES
No provision of this ordinance shall be construed to impair
any common law or statutory cause of action, or legal remedy therefrom,
of any pe:rson for injury or damage arising from any violation of this
Ordinance or from other law.
10.3 CITIZEN SUITS
(a) After 30 days formal notice of complaint to the
enforcing agency, any citizen of Monroe County may bring and maintain
an action for injunctive relief to compel enforcement of this
Ordinance.
(b) provision (a) does not prevent any person from commencing
a civil action on his own behalf against any person who is alleged to
be in violation of any provision of this Ordinance.
10.4 SEVERABILITY
If any provision of this Ordinance is held to be unconstitu-
tional or otherwise invalid by any court of competent jurisdiction,
the remaining provisions of the ordinance shall not be invalidated.
10.5 REPEAL OF PRIOR NOISE ORDINANCE
Section 29 of Article VII of Monroe County Ordinance No.1 -
1973 as amended by Ordinance No. 6 - 1973, Ordinance No. 5 - 1974,
Ordinance No. 20 - 1975 and Ordinance No. 2 - 1978 be and the same
is hereby repealed.
10.6 EFFECTIVE DATE
This Ordinance shall take effect upon receipt of the official
acknowledgment from the Department of State acknowledging receipt of
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certified copy of said Ordinance and that said Ordinance has been
filed in said office.
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, J"uly 11, 1978, at 1:00 P.M. at the Monroe County Courthouse
Annex, Key West, Florida; at second hearing on Tuesday, July 18, 1978
at 1:00 P.M. at the Marathon Sub-Courthouse, Marathon, Florida; and at
last hearing held Tuesday, July 25, 1978 at 1:00 P.M. at the Plantation
Key Sheriff's Sub-Station, Plantation Key, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the
adoption of the following County Ordinance:
ORDINANCE NO.
- 1978
AN ORDINANCE PERTAINING TO MONROE COUNTY,
FLORIDA; ENTITLED "NOISE CONTROL ORDINANCE
OF THE COUNTY OF MONROE"; ADOPTING CONTROLS
ON THE EMISSION OF NOISE; ADOPTING STANDARDS
AND ACCEPTABLE NOISE LEVELS; PROVIDING DEFI-
NITIONS; MAKING IT UNLAWFUL TO EXCEED SAID
STANDARDS; PROVIDING PROCEDURES FOR MEASURING
SOUND LEVELS; ESTABLISHING AN ENFORCEMENT
PROGRAM; PROVIDING FOR A PENALTY; REPEALING
PRIOR NOISE ORDINANCE; PROVIDING AN EFFECTIVE
DATE.
DATED at Key West, Florida, this 7th day of June, A.D. 1978.
RALPH W. WHITE
Clerk of the Circuit Court of
Monroe County, Florida, and
ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida.
(SEAL)
Publish: June 21, 1978
July 10, 1978
July 17, 1978
q~'R
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of fate
STATE OF FLORIDA
o THE CAPITOL
E" -'"z
• s �- TALLAHASSEE 32304
~°OD WEIRJS<.
Jesse J. McCrary, Jr. -
SECRETARY OF STATE
August 15 , 1978
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
Key West , FL 33040 '
Attention : Virginia. Pinder , Deputy Clerk
Dear Mr . White :
Pursuant to the provisions of Section 125. 66 Florida Statutes ,
this will acknowledge:
Receipt of your letter/s of August 9 , 1978
and certified copy/ies of Monroe
County Ordinance/s No. /s 78-8 and 78-11
2. Receipt of an original/ls and certified copy/ies of
County Ordinance/s No. /s
3. Receipt of County Ordinance/s
relative to•
✓4. We have filed this/these Ordinance/s in this office
August 15 1978.
5. We have numbered this/these Ordinance/s
and was/were filed in this office
1978.
6. The original/duplicate copy/ies showing filing date is/are
being returned for your records.
Cordiall , y
/4"----(---c---
(Mrs. ) Nan Kavanaugh
,/
y
Chief, Bureau of Laws /
P. S . 78-8 has been r,efiled and replaces 78-8 filed 7/31/78
NK/ mb
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