Item N4
BOARD OF COUNTY COMMISSIONERS
AGENDA rrEM SUMMARY
Meeting Date:
May 17, 2000
Division:
County Attorney
AGENDA ITEM WORDING:
Approval to advertise establishing a noncriminal civil fine of $30 for persons parking vehicles in
violation of no parking or restricted parking areas at key west international airport and
establishing a noncriminal civil fine of $30 for parking past the expiration time at parking
meters located at the Key West International Airport.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
Recently passed new resolutions adjusting the restricted no parking areas at KWIA.
STAFF RECOMMENDATION:
Approval to advertise for public hearing on July 26, 2000 in Key West.
TOTAL COST:
BUDGETED: Yes'
No
Cost to County:
APPROVED BY:
DIVISION DIRECTO
Risk Management
County Attorney
DOCUMENTATION:
To Follow
Not required
AGENDA ITEM #
I-N4
Office of the County Attorney
502 Whitehead Street - 3rd Floor
Key West, FL 33040
305/292-3470 - Phone
305/292-3516 - Fax
BOARD OF COUNTY COMMISSIONERS
MAYOR Shirley FreemCU'\, District 3
Mayor Pro tem George Neugent, District 2
Wilhelmina Harvey, District 1
Nora Williams, District 4
Mary Kay Reich, District 5
'OK~~E!Y ~o~~~E
(305)~1
MEMORANDUM
To:
Board of County Commissioners
From:
Rob Wolfe .~ /
Chief Assistant County Attorne~ ~
May 17,2000
Date:
Subject:
Traffic Resolution and Ordinance for Key West Int'l Airport
The reason that a regulation which should normally be in one Resolution or Ordinance is
broken into both a Resolution and an Ordinance is due to the peculiarities of several
Florida Statutes. Sec. 316.006(3)(b )(3), Fla. Stat. (1991), authorizes the County to
regulate parking at County owned property, located within municipalities, by resolution.
Similarly, Sec. 332.08(2)(b), Fla. Stat. (1991), gives the Board the authority to provide
regulations for the government of airports by resolution. Unfortunately, Sec.
316.1945(3), Fla. Stat. (1999), only allows for leaving of a parking ticket on unattended
vehicles for the violation ofa county parking ordinance. [Sec. 332.08(2)(b), Fla. Stat.,
does have a penalty provision for violations - a second degree misdemeanor - but there
are enforcement problems for parking violations with that penalty and a potential 60 days
in jail for a parking violation is manifestly ridiculous.] In order to get around this
dilemma, the no parking areas and the towing criteria are to be established by Resolution
but the parking ticket penalty will be established by Ordinance.
The parking Resolution was already approved by Board action on April 19, 2000. We
now need this new Ordinance in order to provide the penalties to support the Resolution.
County Administrator
ORDINANCE NO. -2000
AN ORDINANCE ESTABLISHING A NONCRIMINAL CIVIL FINE OF
$30 FOR PERSONS PARKING VEHICLES IN VIOLATION OF NO
PARKING OR RESTRICTED PARKING AREAS AT KEY WEST
INTERNATIONAL AIRPORT AND ESTABLISHING A NONCRIMINAL
CIVIL FINE OF $30 FOR PARKING PAST THE EXPIRATION TIME AT
PARKING METERS LOCATED AT THE KEY WEST INTERNATIONAL
AIRPORT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORA nON INTO THE MONROE COUNTY
CODE; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
Section 1. This Ordinance is adopted under the authority of Sec. 316.1945(3), Fla. Stat.,
and Art. 8, Sec. 1 (f), Fla. Const. (1968).
Section 2. The noncriminal civil penalty for a violation of Section 4.a. of Resolution No.
138-2000, parking in a no parking area at Key West International Airport; violation of Section
5.a. of Resolution No. 138-2000, parking in the area designated for employee parking; violation
of Section 7.a. of Resolution No. 138-2000, double parking; or violation of Section 8.a. of
Resolution No. 138-2000, parking at an "Expired" parking meter shall be $30.00 in accordance
with Sec. 318.18(2), Fla. Statue. 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. The liability for the payment of the parking ticket shall be
pursuant to Sec. 316.1967, Fla. Statue. All parking ticket penalties collected pursuant to this
section shall be remitted to the County's airport fund and used for any lawful purpose at the Key
West International Airport.
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 the Board held on the day of
2000.
Mayor Freeman
Mayor Pro Tern Neugent
Commissioner Harvey
Commissioner Reich
Commissioner Williams
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
jdordkwiaparking
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