Ordinance 011-2009
ORDINANCE NO. 011
- 2009
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY
PROHmITING THE SALE OF MERCHANDISE
ON THE PUBLIC RIGHT OF WAY BY ADDING
SECTION 19-7; PROVIDING FOR
SEVERABILITY; PROVIDING FOR mE
REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORA TION 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are hereby repealed to the extent of said conflict.
Page lof2
Sales on ROW Ordinance
3/11/09 KMP
~ection 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 renuInbered to confonn to the unifonn numbering
systeln of the Code.
Section 5. This ordinance shall take effect inl1nediately upon receipt of official
notice froIn 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 15th day of April
2009.
Mayor George Neugent
Mayor Pro tern Sylvia J. Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
ATTEST:
DANNY L. KOLHAGE, CLERK
Yes
Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: A.-~~.. )r)oI.45~
BY:C7~~
/'
Ueputy Clerk
Page 2 of2
Mayor George Neugent
Sales on ROW Ordinance
3111109 KMP
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BRANCH OFFICE:
MARA THON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARA THON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
April 22, 2009
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 116000003841 2112
Dear Ms. Cloud,
Enclosed are certified copies of the following Ordinances:
Ordinance No. 009-2009 amending Section 2-179(c), Monroe County Code allowing an
exception to the prohibition against staff attorneys performing outside legal services in very
limited circumstances - for family members when there is no conflict with job duties, on a
case-by-case basis upon specific approval by BOCC.
Ordinance No. 010-2009 amending Section 23-85(c) to include yearly rentals and all
residential rentals regardless of form of ownership.
Ordinance No. 011-2009 prohibiting the sale of merchandise in the rights-of-way within
Monroe County. There was no public input. Motion was made by Commissioner Wigington and
seconded by Commissioner Carruthers to adopt the following Ordinance. Motion carried
unanimously.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on April 15, 2009. Please file for record. Should
you have any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: Via E-Mail to the following:
MUnicipal Code Corporation
Growth Management County Attorney
BOCC File
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PS Form 3800, June 2002 See Reverse for Instructions
NtTTTCE. OFm1l!'tmml TO
CcJN$IOEA
__ APOPTION Ot_
G~-IYJ2mUtLt41i!i'f;"i
NOTICE IS HEREBY G/Vf:N TO
WH M IT MAY CONCERN that
on Wednesday, April 15,.2009 at
3:00 P.M., or as soon thereafter
as may be heard, at the Harvey
Government Center, 1200
Truman Avenue, Key West,
Monroe County, Florida, the
Board of County Commissioners
of Monroe County, Florida, intends
to consider the adoption of the
following County ordinance:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY
PROHIBITING THE SALE OF
MERCHANDISE. ON THE PUB-
LIC RIGHT OF WAY BY ADDING
SECTION 19-7; PROVlplNGi FOR
SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL OR-
DINANCES INCONSISTENT
HEREWITH; PROVIDING FOR
INCORPORATION INTO THE
. MONROE COUNTY CODE: OF
ORDINANCES; AND PROVIDING
AN EFFECTIVE DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is given
that if a. person decided to appeal
any decision made by the Board
with respect to any matter consid-
ered at such hearings or meetings,
he will need a record of thel pro-
ceedings, and that, for such pur-
pose, he may need to ensun~ that
a verbatim record of the proceed-
ings is made, which record in-
cludes the testimony and evidence
upon whi~h the appeal is to be
based.
ADA ASSISTANCE: If you are a
. person with a disability who needs
special accommodations in order
to participate in this proce6'ding,
please contact the County Admin-
istrator's Office, by phoning (305)
292-4441, between the hours of
8:30 a.m; - 5:00 p.m., no later than
2 working days prior to the sched-
uled meeting; if you are hearing or
voice impaired, call "711".
Dated at Key West, Florida, this
18th day of March, 2009.
DANNY L. KOLHAGE,
Clerk of the Circuit Court
and ex o'fficio
Clerk of the Board of County
Commissioners of
Monroe County, Florida
March 29,2009
uIJpa( l'\.t:Y;S 0.......
91731 Overseas Hwy
Tavernier, FL 33070
Tel 305-853-7277
Fax 305-853-0556
freepress@f1oridakeys.com
l
STATE OF FLORIDA
COUNTY OF MONROE
.
Before the undersigned authority personally appeared Randy G. Erickson, who
on oath says that he is Vice-President of Advertising Operations 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
77 o-i:fJb 7 ~6:;,~
was published in said newspaper in the issue( s) of
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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 every
day, 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 preceding 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 publication in the Sai~fQ--
Signature of Affiant
Sworn and subscribed before me this ~ day of ~
, 2009
Notary Public:
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Personally Known x Produced Identincatioir"p>
Type of Identification Produced
Marsha F. Kirkwood
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Expires: September 15,2009
FLORIDA KEYS.
i17 4
f r r 1 r i f;
Published Twice Weekly AN ORDINANCE OF.
Marathon, Monroe County, Florida 'No,7500600.. THE
COMMISSIONERS
NOTICE OF INTENTION OF MONROE COUNTY I
TO CONSIDER PROHIBITING THE
PROOF OF PUBLICATION ADOPTION OF SALE OF MERCHAN- ; I
COUNTY ORDINANCE DISE ON THE PUBLIC ;
-RIGHT OF WAY BY
STATE OF FLORIDA NOTICE IS HEREBY ADDING SECTION I
I GIVEN TO WHOM IT I. 19-7;PROVIDING FOR
COUNTY OF MONROE MAY CONCERN that on ,' SEVERABILITY;PRO-i Wednesday,Aprill5, - ' VIDING FOR THE RE- '
Before the undersigned authority person- 2009at3:00P.M.,oras PEALOFALLORDI-
ally appeared WAYNE MARKHAM who on soon thereafter as may NANCESINCONSIS-
I be heard,at the Harvey TENT HEREWITH; - 1
oath, says that he is PUBLISHER'of the Government Center, PROVIDING FOR IN--
FLORIDA KEYS KEYNOTER, a twice 1200TrumanAvenue, I CORPORATION INTO
weekly newspaper published in Marathon Key West,Monroe THE MONROE COUN- '
County,Florida,the I TY CODE OF ORDI-
in Monroe County, Florida: that the Board of County Com-- '! NANCES;AND PRO-
; _
missioners of Monroe ' VIDING AN EFFECTIVE
attached_ copy of of advertisement was_ _; County, intends
Y I DATE:--.-- ----- - -
published in said newspaper in the issues 1 toconsiderthe adoption.1!
of: (date(s) of publication) of the following county I I Pursuant to Section I
ordinance: _.,1286.0105,Florida
_ (i� ,.(\'\ç_ z_k'
1 ICJ that if a person decided to
appeal any decision
I made by the Board with
I respect to any matter
considered at such hear
ings or meetings,he will ,
Affiant further says that the said FLORIDA . - ,` • ., need a record of the pro- I
ceedings,and that,for ,
KEYS KEYNOTER is a newspaper published ( such purpose,he may_
at Marathon, in said Monroe County, ,: I need to ensure that a ver-
Florida, and that the said newspaper has, 1 batimrecordofthepro-
ceedings is made,which I
heretofore been continuously published in ., record includes the testi- I;
said Monroe County, Florida, twice each monyandevidenceupon
.1 which the appeal is to be
week (on Wednesday and Saturday) and I based.
has been entered as a second class mail
matter.at the post office in Marathon,. in ADAASSISTANCE:If
you area person with a
Monroe County, Florida, fora period of 1 disabilitywhoneeds`spe-I
oney next precedingthe first , `orderal oommcipateinns th
year order to participate in this ' •
publication of the attached copy, 'of 1 proceeding,please con-I -I ' � .
advertisement. The affiant further says: tact the
tratorsOffice;byphon-
that he has neither paid nor promised any . . ! ing(305)292-4441,be-
person, firm, or corporation- any discount, 1 a.m.-5:00p.m tween the s of late
a.m.-5:00 p.m.,no later '
rebate, commission or refund for the 1 than2workingdaysprior
purpose of securing this advertisement for tothe_scheduledrehearin meet-g
,
� ing;if you are hearing or' '
publication in the said newspaper(s) and 1 voice impaired,call
•
that The Florida Keys Keynoter is in full I "711". - 1
compliance with Chapter 50 of the Florida . ' ,-'I Dated at Key West, 1
State Statutes :on Legal and Official ,1 Florida,this 18th day of -
Advertisements. . I. March,2069.
; DANNY L.KOLHAGE z-, r:_-
IClerk of the CircuitCa>kCa'-w
and exofficio Clerk oglll~j:a� Q
` Board of County j-,-7 i—'' 7
Commissioners of -',-- IV ?I
Sworg/ o and ubs Ibed before me ; Monroe County,Flol a -• 4— O
thisc 5 Day f 2 , 2009 • r---' y
SEAL I Publish March 28,2 --•' 3a. ;
(SEAL) ' Flory'-- •ays Keynoter:c., —'�. Pi
de-ed7c,./..,iQ . f Fri �'
�[ YPBEYEGUBG� ERJ al
Notary 1Mg .MYCOMMISSION#Dai 2134
,,I`I"QC. . EXPIRES:Apr.IS,2010 I
1, V~' 3 Florida Noluy S r,ica.co,i I •
t. v-r1
The a order `l A ,0�1
p • 0 b
Florida 33070-1197 '��P.O. Box 1197 •Tavernier; i PursuanttoSection
(305)852-3216 Fax:(305)852-0199 286.0105,Florida
Statutes,notice isgiven"
f that if a person decided to
PROOF OF PUBLICATION f '"ma ealanydBoardn
made by the Board with
respecttoanymatter
I considered at such hear-
STATE OF FLORIDA ingsormeetings,hewill
need a record ofthe pro-
COUNTY OF MONROE •
ceedings,and that,for
Isuch purpose,he may
Before •the undersigned authority personally need to ensure that a ver-
I, batim record-of thepro-
appeared DAVID HAWKINS who on oath, says 1 ceedings is made,which
that he is EDITOR of THE REPORTER, a weekly record includes the testi-
mony and evidence upon
newspaper entitled to publish legal advertising • , which the appeal is to be
published at Tavernier, Monroe County, Florida: based. -.
that the attached copy of advertisement, being . • ADAASSISTANCE:•If
- LEGAL NOTICE in said newspaper in the issue • y°�are a person with a
s disability who needs spe-
of: - col accommodations in
April 03, 2009. (AD#7534500 �'order to participate in this
- I proceeding,please con-
NOTICEOFINTENTION tact the CountyAdminis=
TO CONSIDER tratoros Office,by phon-
Affiant further says that THE REPORTER is a ADOPTION OF ing(305)292 4441,be-
newspaper .published at Tavernier, in said ; COUNTY ORDINANCE tween the hours of8:30
a.m.-5:00 p.m.;no later
Monroe County, Florida, and that the said NOTICE IS HEREBY than 2 working days prior
newspaper has heretofore been continuously g"GIVEN TO WHOM IT to the scheduled meet-
published in the said Monroe County, Florida, ( MAY CONCERNthaton ing;ifyouarehearingor
Wednesday,A ri115, voice impaired,call
each week (on Friday), and has been entered as "711
2009 at 3:00 P.M.,or as'
second class mail matter at the Post Office in soon thereafter as may Dated at Key West,Flori-be heard;at the Harvey da,this 18th day of
Tavernier, in said County of Monroe, Florida, for Government Center, Ma this 18th y
a period of one year next preceding the first 1200TrumanAvenue,
Key West,Monroe
publication of the attached • copy of County,Florida,the DANNYL.KOLHAGE,-
advertisement• and affiant further says that she k Board of County Com- Clerk ofthe Circuit Court
and ex officio Clerk of the
has neither paid nor promised any firm, person m unt,,Florida of Mon en BoardofCountyCom-
� Coun F ,intends missioners of Monroe
or. corporation • anydiscount, rebate, to considerthe adoption
p of the following County County,Flori "j-
commission. or refund for the purpose of ordinance
securing this advertisement for publication in , (sEAL)
the said newspaper and that The Reporter is in f THEBOAR NOF OUN- Published:04/03/09
full compliance with Chapter 50 of the Florida TV COMMISSIONERS Tape F31
3070 '
State Statutes. on Legal and Official ¢ OF MONROE COUNTY r�
g PROHIBITING THE !
Advertisements. SALE OF MERCHAN-
DISE ONTHE PUBLIC !
�� RIGHT OF WAY BY
. ! ADDING SECTION
19-7;PROVIDING FOR,
I SEVERABILITY;PRO
Sworn to and subscribed before me 8th day of " PEALOFALLORDE
May, 2009. NANCES INCONSIS- .. '-Ti -
7 CV
i TENT HEREWITH; r.-
PROVIDING FOR IN- rr
C)-�CORPORATION INTOf"� �. �`� THE MONROECOON- • s -�C-
TYCODE OFORDI-• =��" T]NotaryqNANCES;AND PRO- '� �,J . O
5 - % - C VIDING AN EFFECTIVE ( f.--)::z; �v
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CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
April 29, 2009
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Str1eet, Suite 101
Key West, Florida 33040
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Attention: Pamela G. Hancock, Deputy Clerk
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Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated April 22, 2008 and certified copies of Monroe County Ordinance Nos. 009-2009 through
011-2009, which vvere filed in this office on April 27, 2009.
Sincerely,
~tWu9
Liz Cloud
Program Administrator
LCI srd
DIRECTOR'S OFFICE
R.A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.fl.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
Page 1 of2
Pam Hancock
From:
To:
Sent:
Subject:
<ords@municode.com>
<phancock@monroe-clerk.com>
Tuesday, June 02,2009 10:32 AM
Acknowledgment of material received
This is a computer generated email, please do not reply to this message.
Municipal Code Corporation
P.O. Box 2235
1700 Capital Circle SW. (32310)
Tallahassee, FL 32316-2235
850-576-3171
Fax: 850-575-8852
i.ntQ@m.l,lnic:Q(j~.GQm
Monroe County, FL Code of Ordinances - 2008(14298)
Supplement 2
Recorded: 4/23/20093:07:24 PM
We have received the following material through Hard Copy/Electronic.
! < TR>
Document Adoption
Ordinance No. 009-2009 4/15/2009
Ordinance No. 010-2009 4/15/2009
Ordinance No. 011-2009 4/15/2009
Ordinance No. 012-2009 5/20/2009
Ordinance No. 013-2009 5/20/2009
Ordinance No. 015-2009 5/20/2009
Ordinance No. 016-2009 5/20/2009
***CI1G_kmbn~r~ to see the full list of recorded ordinances for the next supplement.***
Or point your browsers at: http://www.municode.com/disposition/dislist.asp?jobid=1 09682
If you are sending the ordinances in electronic form and printed form, we assume
the electronic version of the ordinances reflects the ordinances as adopted. We
do not proofread against the printed version of the ordinance if the printed copy is
submitted. Please contact us if you have questions.
. You can also "GO GREEN" and reduce the number of supplement copies you
receive or just get a PDF of the supplement to pnnt your own copies. ask uS
how - emall I.o.fQn@.rn.lJnl]..i.G.Q.g.~.~.GQf}'
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