Item O5
* PUBLIC HEARING 3:00 P.M. *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 15. 2009 - KW
Division: County Attorney
Bulk Item: Yes ----X- No
Staff Contact Person/Phone #: Lisa Granger &
Ronda Norman
AGENDA ITEM WORDJNG:
A public hearing to consider an ordinance prohibiting the sale of merchalldise in the rights-of-way
within Monroe County.
ITEM BACKGROUND:
This ordinance is a re-enactment of previous Monroe County Code Sec. 19-143. It was omitted from
the printing of the new Monroe County Code. This ordinance does NOT address or pertain to signs or
signage in any way. This ordinance is a necessary protection for our legally established businesses, as
well as for public safety. Because it is a substantive provision, it cannot be called a scrivener's error
and requires a public hearing.
PREVIOUS RELEVANT BOCC ACTION:
1/28/09 BOCC approved adoption of Monroe County Code
3/18/09 BOCC approved Public Hearing for 4/15/09 @ 3:00 p.m. (P-11)
CONTRACT/AGREEMENT CHANGES:
Adds Section 19-7, Use of public right-of-way back into the newly adopted Monroe County Code
(previously Section 19-143 of the former Monroe County Code)
STAFF RECOMMENDATIONS:
Approval.
TOTALCOST: N/A INDIRECT COST: N/A BUDGETED: Yes _No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING:
Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMBIPurchasing _Risk Management _
DOCUMENTATION: Included x Not Required_
DISPOSITION: AGENDA ITEM #
Revised 1/09
ORDINANCE NO.
- 2009
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY
PROHIBITING THE SALE OF MERCHANDISE
ON THE PUBLIC RIGHT OF WAY BY ADDING
SECTION 19-7; 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.
WHEREAS, there previously existed Section 19-143 of the Monroe County
Code prohibiting the sale of merchandise from within the limits of the public right of
way~ and
WHEREAS, this provision did not get included in the Monroe County Code
adopted on January 28,2009 by the Board of County Commissioners; now, therefore,
BE IT ORDAINED by the Monroe County Board of County Commissioners that
the Monroe County Code is amended as follows:
Section 1. Section 19-7 is added as follows:
Sec. 19-7 Use of public right-of-way
The sale of merchandise from within the limits and confines of all public roads or
street rights-of way within the jurisdiction of Monroe County is prohibited.
Section 2. 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 3. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
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Sales on ROW Ordinance
3/11/09 KMP
Section 4 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 confonn to the uniform numbering
system of the Code.
Section 5. 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 held on the
day of
2009.
Mayor George Neugent
Mayor Pro tem Sylvia J. Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
ATTEST:
DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor George Neugent
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
W
SU N M. GRIMSl: Y
ASSIST. NT COU~TY ATT~~EY
Date 7Yt /lye N 5'(! 2-0
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