Ordinance 002-2012 COMMISSIONER MURPHY
ORDINANCE NO. 002 - 2012
AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS CREATING SECTION 17 -5 OF THE MONROE COUNTY
CODE TO PROHIBIT PERSONS FROM LOITERING AFTER WARNING OR
WHERE A NO LOITERING SIGN HAS BEEN POSTED; PROVIDING FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners finds that certain public areas in unincorporated
Monroe County should be regulated to ensure that public safety and peace is maintained and to prevent
obstruction of free access and use by other members of the public ; and
WHERERAS, loitering in these public areas can obstruct and hinder other pedestrians and traffic
and also unreasonably disturb or interfere with the enjoyment of said areas by other members of the
public; and
WHEREAS, the Board of County Commissioners finds that when a "No Loitering" sign has been
posted or when persons are warned by law enforcement officers to refrain from behavior that obstructs
or hinders access and /or threatens public safety thereby interfering with enjoyment by other members
of the public, any such activity should be prohibited; and
WHEREAS, the Florida Second District Court of Appeal in State v. Kemp, 429 So.2d 822 (2 DCA
1983) upheld an ordinance prohibiting loitering when a "no loitering" sign has been posted or when a
prior warning by a law enforcement officer has been given;
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
SECTION 1. That Section 17 -5 of Chapter 17 Offenses and Miscellaneous Provisions is hereby created to
read as follows:
Sec. 17 -5 Disobedience to warning or "no- loitering" sign prohibited
It shall be unlawful for any person, after first being warned by a law enforcement officer, or where a "no
loitering" sign or signs have been posted, to loiter, stand, sit or lie in or upon any public or quasi - public
sidewalk, street, alley, curb, crosswalk, walkway area, bridge, plaza, park, parking lot, building open to
the general public, boat ramp, or other water access area utilized for public use, so as to hinder or
obstruct unreasonably the free passage of pedestrians or vehicles thereon; nor shall any person block,
obstruct or prevent free access or otherwise threaten public safety or create a breach of peace.
1
. -
COMMISSIONER MURPHY
Penalties.
Violation of this Section shall be prosecuted in the same manner as misdemeanors are prosecuted. Such
violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by
the prosecuting attorney thereof, and upon conviction shall be punished by a fine not to exceed five
hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both
such fine and imprisonment.
SECTION 2. SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to
be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this
ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person,
property or circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with
this ordinance are hereby repealed to the extent of said conflict.
SECTION 4. INCLUSION IN CODE OF ORDINANCES. 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 5. TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of
state and shall be effective as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
meeting of said Board held on the 15 th day ofFebruary2012.
Mayor David Rice Yes ,,, -
Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes - n
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A .„ ., ,,,,, - Commissioner George Neugent Yes "° v
ti ' missioner Sylvia Murphy Yes 37 rn
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IS�EAO % '/ BOARD OF COUNTY COMMISSIONERS
�\ Attester NY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
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By
Deputy Clerk Mayor /Chairperson
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2 APLi'IOVCO AS TO FOF,d:
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C,;;i:- nNIE M. LIMdETT- 6ARPCh`S
3"iA14I COUNTY AT Ton. :=Y
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MONROE COUNTY COURTHOUSE BRANCH OFFICE:
500 WHITEHEAD STREET, SUITE 101 �bG PLANTATION KEY
KEY WEST, FLORIDA 33040 G J ' O r ' ,
g : � '•,'P - , GOVERNMENT CENTER
TEL. (305) 294 -4641 0 * t , 7�•� 88820 OVERSEAS HIGHWAY
FAX (305) 295 -3663 / ;'. . �,,I��I ; crt,' PLANTATION KEY, FLORIDA 33070
� o P� TEL. (305) 852 -7145
BRANCH OFFICE: \ footoo a FAX (305) 852 - 7146
MARATHON SUB COURTHOUSE \` ( )
3117 OVERSEAS HIGIIWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON, FLORIDA 33050 50 HIGi - t POINT ROAD
TEL. (305) 289 -6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070
FAX (305) 289 -1745 www.clerk -of- the - court.com FAX (305) 853-7440
February 27, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7010 1670 0001 0244 7648
Dear Ms. Cloud,
Enclosed please certified copies of the following Ordinances:
Ordinance No. 001 -2012 amending Section 18 -64 of the Monroe County Code to amend
the funding source for the Board of Parks and Recreation.
Ordinance No. 002 -2012 creating Section 17 -5 of the Monroe County Code to prohibit
persons from loitering after warning or where a no loitering sign has been posted.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on February 15, 2012. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
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: County Attorney
Public Works
MuniCode
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Program Administrator
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,T—.—.FLORIDA KEYS Ad#6403300
'~~ i._W NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
Published Twice Weekly TO WHOM IT MAY CONCERN
Marathon, Monroe County, Florida that on February 15,2012 at
3:00 P.M.,or as soon
thereafter as may be heard,
at the Murray E.Nelson
PROOF OF PUBLICATION Government Center,102050
Overseas Highway,Mile
Marker 102,Key Largo,
STATE O F FLORIDA Monroe County,Florida,the
Board of County
COUNTY OF MONROE Commissioners of Monroe
County,Florida,intends to
Before the undersigned authority person- consider the adoption of the
ally appeared WAYNE MARKHAM who on following County ordinance:
oath, says that he is PUBLISHER of the AN ORDINANCE OF THE
FLORIDA KEYS KEYNOTER, a twice OFF COUNTY
CUNTY
weekly newspaper published in Marathon, COMMISSIONERS
In Monroe County, Florida: that the CREATING SECTION 17-5OF
THE MONROE COUNTY
attached copy of advertisement was CODE TO PROHIBIT
PERSONS FROM
published in said newspaper in the issues LOITERING AFTER
of: (date(s) of publication) WARNING OR WHERE A NO
G� 2LOITERING SIGN HAS BEEN
)601/Za/iat // �DwEOSOEC;PROVIDING FOR
ENFORCEMENT AND
PENALTIES;PROVIDING
FOR SEVERABILITY;
PROVIDING FOR REPEAL
OF ALL ORDINANCES
INCONSISTENT HEREWITH;
Affiant further says that the said FLORIDA PROVIDING FOR
INCORPORATION INTO THE
KEYS KEYNOTER is a newspaper published MONROECOUNTYCODEOF
at Marathon, in said Monroe County, CONTINUED IN THE NEXT COLUMN'
Florida, and that the said newspaper has ORDINANCES;AND
heretofore been continuously published in PROVIDINGAN
said Monroe County, Florida, twice each EFFECTIVVEE D DATATE.
Pursuant to Section 286.0105,
week (on Wednesday and Saturday) and Florida Statutes,notice is given
has been entered as a second class mail that if a person decides to
matter at thepost office in Marathon, in appeal any decision made by
the Board with respect to any
Monroe County, Florida, for a period of matter considered atsu:;h
hearings or meetings,he will
one year next preceding the first need a record of the•
publication of the attached copy of proceedings,and that,for such
purpose,he may need to
advertisement. The affiant further says ensure that a verbatim record
that he has neither paid nor promised any of the proceedings is made,
which record includes the
person, firm, or corporation any discount, testimony and evidence upon
rebate, commission or refund for the which the appeal is to be
based.
purpose of securing this advertisement for
publication in the said newspaper(s) and ADAASSISTANCE:Ifyouare
that The Florida Keys Keynoter is in full whorson needsrth spe is ability
compliance with Chapter 50 of the Florida accommodations in order to
participate in this
State Statutes on Legal and Official proceeding
,please contact
Advertisements. the County Administrator's
Office,by phoning(305)
' 292-4441,between the hours
of 8:30 a.m.-5:00 p.m.,no
later than five(5)calendar
days prior to the scheduled
Sworn to an u scr• ed before me meeting;if you are hearing or
voice impaired,call"711".
this c><5 Da of ,/,! , 2012
(SEAL) Dated at Key West,Florida,this
19th day of January,2012. •
DANNY L.KOLHAGE,
4f7)rillicClerk of the Circuit Court and ex '
officio Clerk of the Board of
Notary County Commissioners of
Monroe County,Florida
?c Y 1% BEVERLY TRAEGER
:.: iat ::: MY COMMISSION#DD 969749 (SEAL) Ora.,",:
-"• , �' EXPIRES:April 18,2014
"%fii nd: Bonded Thru Notar Public Underwriters
Y Publish January 25,2012 00 a--
Florida Keys Keynoter
Ad#6425000
TNOTICE OF INTENTION TO /�
CONSIDER ADOPTION OF
COUNTY ORDINANCEHEREPORTER
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN
that on February 15,2012 at
P.O. Box 1197,Tavernier, Fl 33070 3:00 P.M.,or as soon
thereafter as may be heard,
92655 Overseas Hwy, Tavernier Fl 33070 at the Murray E.Nelson
Phone 305-852-3216, Fax 305- 852-0199 Government Center,102050
Overseas Highway,Mile
www.keysnet.com Marker 102,Key Largo,
Monroe County,Florida,the
Board of County
PROOF OF PUBLICATION Commissioners of Monroe
County,Florida,intends to
consider the adoption of the
following County ordinance:
STATE OF FLORIDA AN ORDINANCE OF THE
COUNTY OF MONROE MONROE COUNTY BOARD
OF COUNTY
Before the undersigned authority personally appeared COMMISSIONERS
DAVID GOODHUE who on oath, says that he is CREATING SECTION 17-5 OF
EDITOR of the THE REPORTER, a weekly THE MONROE COUNTY
CODE TO PROHIBIT
newspaper published in Tavernier, in Monroe PERSONS FROM
County, Florida: that the attached copy of LOITERING AFTER
advertisement was published in said newspaper in the WARNING OR WHERE A NOLOITERING SIGN HAS BEEN
issues of: (date(s)of ublication) POSTED;PROVIDING FOR
ENFORCEMENT AND
PENALTIES;PROVIDING
0 I �7 �� FOR SEVERABILITY;
PROVIDING FOR REPEAL
OF ALL ORDINANCES
INCONSISTENT HEREWITH;
PROVIDING FOR
INCORPORATION INTO THE
Affiant further says that the said THE REPORTER is MONROE COUNTY CODE OFORDINANCES;AND
a newspaper published at Tavernier, in said Monroe PROVIDING FOR AN
County, Florida, and that the said newspaper has
EFFECTIVE DATE.
heretofore been continuously published in said Pursuant to Section 286.0105,
Monroe County, Florida, each week (on Friday) and Florida Statutes,notice is given
that if a person decides to
has been entered as a second class mail matter at the appeal any decision made by
post office in Tavernier, in Monroe County, Florida, the Board with respect to any
matter considered at such
for a period of one year next preceding the first hearings or meetings,he will
publication of the attached copy of advertisement. need a record of the
The affiant further says that he has neither paid nor proceedings,and that,for suchpurpose,he may need to
promised any person, firm, or corporation any ensure that a verbatim record
discount, rebate, commission or refund for the of the proceedings is made,which record includes the
purpose of securing this advertisement for testimony and evidence upon
publication in the said newspaper(s) and that The which the appeal is to be
based.
THE REPORTER is in fu v compliance with Chapter
50 of the Florida State : • t on Legal Official ADA ASSISTANCE:If you are
a person with a disability
Advertisements. who needs special
accommodations in order to
participate in this
proceeding,please contact
the County Administrator's
Office,by phoning(305)
David Goodhue,Editor 292-4441,between the hours
of 8:30 a.m.-5:00 p.m.,no
later than five(5)calendar
days prior to the scheduled
Sworn o and subscri before me meeting;if you are hearing or
this O Day of ZL(a ,2012 voice impaired,call 711.
SEAL a Dated at Key West,Florida,this
(SEAL) 19th day of January,2012.
�- DANNY L.KOLHAGE,Clerk of
/4'f
_���L (l the Circuit Court and ex officio ('
// Clerk of the Board of County .'1 Y O.-
Notary j/ Commissioners of Monroe V
• County,Florida ^ i
••o,4Fr BEVERLY TRAEGER Published o1/27/12 ��
` «% :._- MY COMMISSION#DD 969749
• nod • _ The Reporter
5ti..- :o; EX IRES: pril 18,2014 The Reporter
r,FL 33070
%fi of N Bonded The Notary f ubiic Underwriters
i i
ti
Y WEST
STATE OF FLORIDA
n».b,a..gem Our miesiw ontat COUNTY OF MONROE
Cooke Communications, LLC
Florida Keys
Before the undersigned authority personally appeared Randy G. Erickson,
PO Box 1800 who on oath says that he is Vice-President of Operations of the Key West
Key West Fl 33041
Office....305-292-7777 Citizen, a daily newspaper published in Key West, in Monroe County,
Extension x219 Florida; that the attached copy of advertisement, being a legal notice in the
Fax 305-295-8025 matter of
lecials@keysnews,com
INTERNET PUBLISHING
Ai() e C� "tti �e,ti t l0ti ., � �� c� C�1)� 02),Acce
keywest.com
keysnews.com
floridakeys.com
key-west.com
Web Design Services was published in said newspaper in the issue(s) of
NEWSPAPERS l)N Vl� n, ? 2 / .z0(
The Citizen 1
•
Southernmost Flyer
Solares Hill Affiant further says that the Key West Citizen is a newspaper published in
MarathonBig Pho FreeFr Presses KeyWest, in said Monroe County, Florida and that the said newspaper has
Free Y
Islamorada Free Press heretofore been continuously published in said Monroe County, Florida every
Key Largo Free Press day, and has been entered as second-class mail matter at the post office in Key
MARKETING SERVICES West, in said Monroe County, Florida, for a period of 1 year next preceding
Commercial Printing the firstpublication of the attached copyof and affiant further
Citizen Locals Card advertisement;
Direct Mail says that he has neither paid nor promised any person, firm or corporation any
FLORIDA KEYS OFFICES discount, rebate, commission or refund for the purpose of securing this
Printing/Main Facility advertisement for publication in the said newspa.-
3420 Northside Drive
0 West,
33040-1800
Tel 305-292-7777
Fax 305-294-0768
citizen@kevwest.com Signature of Affiant
Internet Division
33040-3328
Tel 305-292-1880 Sworn and subscribed before me this 2 Z day of 6 A.)V A/ , 2012
Fax 305-294-1699 M
sales@keywest.com /
Middle Keys Office Notary Public:
6363 Overseas Hwy
Marathon, FL (MM 52.5) DAWN KAWZINSKY
33050-3342 0 NOTARY PUBLIC
Tel 305-743-99778766 :��( `STATE OF FLORIDA
Fax 305-743-9977
marathongkeysnews.com C K '>�.. comm.EE157233
++ �1, Expires 1/4/2016
Upper Keys Office
91731 Overseas Hwy Expires: / I / Notary Seal
Tavernier, FL 33070 40
Tel 305-853-7277
Fax 305-853-0556
free press @fl o ri d akey s.corn
Personally Known x Produced Identification
Type of Identification Produced
1
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on February 15, 2012
at 3:00 P.M., or as soon thereafter as may be heard, at the Murray E. Nelson
Government Center, 102050 Overseas Highway, Mile Marker 102, Key Largo,
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 MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS CREATING SECTION 17-5 OF THE MONROE
COUNTY CODE TO PROHIBIT PERSONS FROM LOITERING AFTER
WARNING OR WHERE A NO LOITERING SIGN HAS BEEN POSTED;
PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
Pursuant to Section 286.0105. Florida Statutes, notice is given that if a person
decides to appeal any decision made by the Board with respect to any matter
considered at such 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 record includes the testimony and evidence upon which
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 proceeding, please contact
the County Administrator's Office, by phoning (305) 292-4441, between the
hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to
the scheduled meeting;if you are hearing or voice impaired, call "711".
Dated at Key West, Florida, this 19th day of January, 2012.
DANNY L. KOLHAGE, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
January 22,2012 Key West Citizen
344943
4_cS .,. -• CX) �--
41
Page 1 of 1
Pam Hancock
From: <ords @municode.com>
To: <phancock @monroe- clerk.com >; <grimsley -susan @monroecounty- fl.gov>
Sent: Tuesday, February 28, 2012 10:42 AM
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 6 Update 8
****THIS IS AN AUTOMATICALLY GENERATED EMAIL****
Below, you will find the material that we have received /recorded to your account. This material
is being considered for inclusion in your next /current update, Supplement 6 Update 8
Document Adopted Recorded Recorded Format
Date
Ordinance No. 001- 2/15/2012 2/28/2012 Hard
2012 Copy /Electronic
Ordinance No. 002- 2/15/2012 2/28/2012 Hard
2012 Copy /Electronic
Update the interne version of your Code
more often than a printed supplement. We can post newly enacted ordinances
We can update the Internet quarterly, monthly, in the online Code after each meeting.
even weekly.
2/28/2012
B a
3, It74 " ?
FLORIDA DEPARTMENT Of STATE
t Z
RICK SCOTT KEN DETZNER
Governor Secretary of State
March 7, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pamela G. 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 27, 2012 and certified copies of Monroe County Ordinance Nos. 001 -2012 and 002 -2012,
which were filed in this office on March 2, 2012.
Sincerely,
eLodu
Liz Cloud
Program Administrator
LC /srd -
N
: 0 c7
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 245 -6282
www. dos.state.fl.us