Ordinance 006-2013le
ORDINANCE NO. 006— 2013
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA PROVIDING FOR AMENDMENT OF MONROE COUNTY
CODE CHAPTERS 17 AND 25; PROVIDING CLARIFICATION OF WATERCRAFT
AND VESSELS WHICH MAY NOT BE STORED IN SECTION 17 -2(b); PROVIDING
FOR CREATION OF SECTION 17 -6; PROVIDING FOR MOVEMENT OF
PROHIBITIONS REGARDING PARKING AND STORAGE OF TRUCKS, TRAILERS
AND TRAVEL TRAILERS FROM SECTION 25 -35 TO SECTION 17 -6; PROVIDING
FOR ELIMINATION OF INCONSISTENT LANGUAGE; 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, The Board Of County Commissioners of Monroe County, Florida on August 18, 2010
approved Ordinance 25 -2010, adding specific sub - sections to Monroe County Code 25 -35 for the
enforcement and penalties for traffic and vehicles on Monroe County roads rights -of -way to be
enforced by a law enforcement officer or a parking enforcement specialists; and
WHEREAS, certain sub - sections of the MCC 25 -35 also address the storage of vehicles on private
property which is not enforceable by a law enforcement officer or parking enforcement specialist; and
WHEREAS, that portion of section 25 -35 which is not enforceable by law enforcement officers should
be moved to a new section (17 -6) to allow authorization of enforcement by code compliance officers;
and
WHEREAS, the intent of this new section prohibiting the storage and parking of certain vehicles in
residential zoning districts is to prevent diminution of property values and to retain the residential
community character of the neighborhood; and
WHEREAS, a common complaint from the public pertains to derelict unsightly vessels and junk cars;
and
WHEREAS, it is deemed in the interest of public to expand on the description of watercraft and
vessels in section 17 -2(b) to clarify under what conditions watercraft and vessels may not be stored;
and
WHEREAS, Section 17 -2(c) should be removed to avoid inconsistent interpretations of code
compliance actions;
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe County,
Florida that:
SECTION 1. Section 25 -35, Monroe County Code, shall be amended to read:
Ord. Changing Ch. 17 & 25
Sec. 25 -35. - Storage of vehicles on County right -of -way prohibited.
(a) Within any residential district, no trucks, trailers, travel trailers, or buses of one -ton or greater
capacity or recreational vehicle -type units, as defined in F.S. § 320.01, in excess of 42 feet in length
and in excess of 8.5 feet in width shall be stored on the paved part of any public right -of -way. No
trailers of less than one -ton capacity, including all pleasure boat trailers regardless of capacity,
collapsible camping trailers and cargo trailers shall be parked, or stored on any public right -of -way,
but such trailers may be parked on private property in any district pursuant to section 17 -6 and part II
of this Code.
(b) No motor vehicle of any type shall be stored on any public right -of -way. A motor vehicle parked on
a public right -of -way in excess of 72 hours shall be presumed to be stored.
(c) 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. All
parking ticket penalties collected pursuant to this section must be remitted to the county's general
fund.
(d) In the case of a violation of this section, the law enforcement officer or parking enforcement
specialist, in addition to charging the owner or operator with any noncriminal violation set forth in
subsections (a) through (c) of this section, may have the vehicle towed and impounded at the owner's
expense. The cost of such towing and impoundment shall be a lien against the vehicle. If the county
court determines that the noncriminal violation charged was invalid:
(1) The vehicle must be immediately released without charge and with the lien provided for in
this section automatically extinguished; or
(2) If the owner or operator has paid the cost of towing and impoundment, the amount paid
must be refunded.
SECTION 2 Section 17 -2, Monroe County Code, shall be amended to read:
Section 17 -2- Inoperative Vehicles and Watercraft
(a) Within all land use districts except Industrial (1) districts, all vehicles that are inoperative and /or
unlicensed for a period of ten days shall be prohibited on any public right -of -way or on private property
except within a completely enclosed garage.
Ord. Changing Ch. 17 & 25 2
e
(b) Within all land use districts except Industrial (1) districts, all watercraft that are wrecked,
inoperative, partially dismantled and /or decayed and /or abandoned or stored on a boat trailer that is
not ready for highway use for a period of 30 days, shall be prohibited on any waterway, shore, private
or public property unless contained in a completely enclosed building.
SECTION 3 Section 17 -6, Monroe County Code, shall be created to read:
Section 17 -6 Parking and Storage of Trucks, Trailers and Travel Trailers
(a) Prohibited: Within any residential district, no trucks, trailers, travel trailers, or buses of one -ton or
greater capacity or recreational vehicle -type units, as defined in F.S. § 320.01, in excess of 42 feet in
length and in excess of 8.5 feet in width shall be parked or stored on private property except within a
completely enclosed garage. Construction, landscaping or land clearing equipment may only be
parked or stored on the same lot for which it is actively being used to conduct the scope of work
related to a valid active permit or contract for services.
(b) ) Permissible (or "allowed "): All other trucks and trailers, including all pleasure boat trailers,
recreational vehicle -type units, or collapsible camping trailers may be parked or stored on private
property in any district pursuant to the following conditions:
(1) All vehicles parked in accordance with this article shall be parked taking into account the setback
requirements as is set forth in part II of this Code.
(2) All recreational vehicle -type units that are parked or stored as per the provisions of this article shall
not be used as a place of habitation.
(3) All vehicles as referred to in this section may only be parked on the same lot or contiguous lot with
and after the principal structure is erected.
(4) All vehicles parked or stored in accordance with this article must be registered in the name of the
owner or the tenant of the property where they are parked.
(5) Only one recreational vehicle -type unit as defined in F.S. § 320.01, shall be permitted on any one
residential or mobile home lot for storage purposes as provided in this section.
Ord. Changing Ch. 17 & 25 3
SECTION 4: 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 5: 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 6: 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 7: 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 16th this day of January , 2013.
Mayor George Neugent Y
Mayor Pro Tern Heather Carruthers
Commissioner Danny Kolhage _Y
Commissioner David Rice Yes
Commissioner Sylvia Murphy VPR
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Y
Mayor George Neugent
(SEAL)
ATTEST: Amy Heavilin, Clerk Ad Interim
B
Deputy Cl rk
Ord. Changing Ch. 17 & 25
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Ord. Changing Ch. 17 & 25
MONROE COUNTY COURTHOUSE
500 WHIrEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294 -4641
FAX (305) 295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289 -1745
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440E COUNTY •f y0
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX(305)852 -7146
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the - court.com
February 8, 2013
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Ms. Cloud,
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX(305)853 -7440
Via Certified Mail 70121010 0003 4990 5101
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 005 -2013 amending Monroe County Land Development Code (LDC)
Chapter 102, Administration, Article III, Nonconformities, to allow nonconforming water -
dependent and water - related commercial uses and structures to rebuild pre- existing uses and
structures if denoted as a primary source of economic sustainability and addressed in the Key
Largo and Tavernier CommuniKeys Plans and updating the existing provision related to the
registration of nonconforming uses and structures; providing for severability; providing for the
repeal of conflicting provisions; providing for transmittal to the State Land Planning Agency and
the Secretary of State; providing for codification; providing for an effective date.
Ordinance No. 006 -2013 amending Section 17 -2 and Section 25 -35 and creating Section
17 -6, of the Monroe County Code to further clarify prohibition and enforcement regarding the
parking and storage of vehicles and watercraft and /or wrecked, inoperative or partially
dismantled vehicles and watercraft on County roads, and rights -of -ways, on private property and
in residential districts throughout Monroe County; providing for elimination of inconsistent
language; 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.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on January 16, 2013. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerkof the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management via e -mail & hard copy
County Attorney via e-mail
File
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289 -6027
FAX (305) 289 -6025
Municipal Code Corporation
PO Box 2235
Tallahassee FL 32316 -2235
Dear Ms. Cloud,
Via e -mail
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852 -7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853 -7440
Enclosed please find a certified copy of Ordinance No. 006 -2013 amending Section 17 -2
and Section 25 -35 and creating Section 17 -6, of the Monroe County Code to further clarify
prohibition and enforcement regarding the parking and storage of vehicles and watercraft and/or
wrecked, inoperative or partially dismantled vehicles and watercraft on County roads, and rights -
of -ways, on private property and in residential districts throughout Monroe County; providing
for elimination of inconsistent language; 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on January 16, 2013. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the - court.com
February 8, 2013
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerkof the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management via e-mail
County Attorney via e-mail
File
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1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
'�Ilahassee, Florida 32399 -0250
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FLORIDA DEPARTMENT 0 STATE
RICK SCOTT
Governor
February 21, 2013
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated February 8, 2013 and certified copies of Monroe County Ordinance Nos. 005 -2013 and 006 -2013,
which were filed in this office on February 21, 2013.
Sincerely,
ff C'
Liz Cloud
Program Administrator
LC /elr ° r
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us