Ordinance 016-2016ORDINANCE NO. 016 — 2016
AN ORDINANCE ADDING "CIGARETTE BUTTS" TO THE
DEFIN1110N uF "i,11 1N 5Eu nulN 21 -19 Of THE MONROE
COUNTY CODE; REVISING THE DEFINITION OF "PUBLIC WAY" IN
SECTION 21 -19 OF THE MONROE COUNTY CODE; CREATING
SECTION 21 -21(D) OF THE MONROE COUNTY CODE, MAKING IT
UNLAWFUL TO DEPOSIT CIGARETTE BUTTS IN PUBLIC WAYS;
CREATING SECTION 21 -22 OF THE MONROE COUNTY CODE,
"PENALTIES "; CREATING SECTION 21 -23 OF THE MONROE
COUNTY CODE, "ENFORCEMENT AND REMEDIES "; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners ( "BOCC ") recognizes
that used cigarette butts contain toxic matter that is primarily comprised of arsenic, nicotine,
polycyclic aromatic hydrocarbons and heavy metals; and
WHEREAS, the Florida Department of Health reports that cigarette butts that are
improperly discarded on streets, into gutters and on sidewalks make their way down storm drains
to the beach and ocean, leaching harmful chemicals into the soil and /or stormwater runoff that
eventually discharges dangerous chemicals into the surrounding waters, including sensitive and
unique coral reef and other forms of sea life; Z and
WHEREAS, cigarette butts are the most littered item in the world, and in 2009, more
than 3 million cigarettes or butts were picked up internationally in one day alone as part of the
International Coastal Cleanup; and
WHEREAS, the BOCC recognizes that the presence of harmful cigarette butts that
contain these harmful chemicals present a dangerous risk of ingestion by small children and pets
in County parks, playgrounds, and beaches; and
Slaughter, T. et al., "Toxicity of Cigarette Butts, and Their Chemical Components, to Marine and Freshwater
Fish," Tob. Control, May 2011.
2 Florida Department of Health, "Tobacco Free Beaches & Parks," available at:
http:// www .tobaccofreeflorida.com/current- issues / tobacco - free - beaches - and - parks- the - issue / last accessed on
March 28, 2015.
3 Novotny, T., "Cigarettes Butts and the Case for an Environmental Policy on Hazardous Cigarette Waste,"
International Journal of Environmental Research and Public Health, 2009.
Cigarette Butts Ordinance
Page 1 of 4
WHEREAS the BnCC re, ognizcs that th- ( of picking up and disposing these
cigarette butts represents a financial burden that should not be borne by the rest of County
taxpayers; and
WHEREAS, the BOCC desires to amend its Code of Ordinances in order to create a ban
on unlawful dropping and depositing of cigarette butts in all public areas of Monroe County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. The definition of "litter" in Section 21 -19 of the Monroe County Code is hereby
revised to read as follows:
Litter means all garbage, rubbish, garden trash and all waste materials, including but
not limited to cigarette butts, bottles, glass, cans, scrap metal, junk, paper, disposable
packages or container and all other similar materials, and any substance of any kind or
nature that causes a public health, safety or fire hazard or public nuisance.
SECTION 2. The definition of "public way" in Section 21 -19 of the Monroe County Code is
hereby revised to read as follows:
Public way means any and all streets, roads, highways, rights -of -way, sidewalks,
parking lots, alleys, piers, bulkheads, boardwalks, lanes, waters or other public way and
any and all public parks, squares, beaches, parks, and any and all recreational facilities
operated by the state, county, federal government or special governmental districts.
SECTION 3. A new Section 21 -21(d) of the Monroe County Code is created, which shall read
as follows:
(d) It shall be unlawful for any person to deposit any used or unused cigarette butt
onto any public way, including but not limited to any beach, park, sidewalk, or
right -of -way. This prohibition shall not apply to the proper disposal of cigarette
butts in properly marked receptacles intended for such purpose.
SECTION 4. A new Section 21 -22 of the Monroe County Code, entitled "Penalties," is hereby
created, which shall read as follows:
Section 21 -22. Penalties.
(a) Notwithstanding any other provision of this article, a violation of Section 21-
21(d) shall be punishable by a fine in the amount of $25.00 per occurrence,
payable to the Clerk of Court if paid within 10 days of the citation issuance. If the
person fails to pay the citation within 10 days or fails to appear in court to contest
Cigarette Butts Ordinance
Page 2 of 4
the violation, the person shall be deemed to have waived the right to contest the
citation, and in such case judgment may be entered against the person, in an
amount not to exceed $100.00. In addition, the court may require the violator to
pick up litter or perform other labor commensurate with the offense committed.
(b) Any person who willfully refuses to sign and accept a citation shall be guilty of a
misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or
775.083.
SECTION 5. A new Section 21 -23 of the Monroe County Code, entitled "Enforcement and
Remedies," is hereby created, which shall read as follows:
Section 21 -23. Enforcement and Remedies.
(a) The Monroe County Sheriff, his deputies, any municipal police officer and any
other law enforcement or code compliance officer authorized to enforce County
ordinances shall have the duty and authority to enforce the provisions of this
article by means of the issuance of a citation to the alleged violator. The citation
shall contain the following:
(1) The date and time of issuance;
(2) The name, if available, and address of the person to whom the citation was
issued;
(3) The date on which the infraction was occurred;
(4) The name and title of the law enforcement officer or code enforcement
officer;
(5) The procedure for the person to follow in order to pay the penalty or to
contest the citation;
(6) The applicable penalty if the person elects to contest the citation;
(7) A conspicuous statement that if the person fails to pay the penalty within
thirty (30) days, or fails to appear in court to contest the citation, the
person shall be deemed to have waived their right to contest the citation
and that, in such case, judgment shall be entered against the person for the
amount of the citation, plus court costs, recording fees, and any other
charges required by this article.
(b) Notwithstanding any provision of this Chapter, the County may also enforce this
article by actions at law or in equity, and, in the event the County prevails in such
action, the County shall be entitled to an award of its costs and reasonable
attorneys' fees.
Page 3 of 4
Cigarette Butts Ordinance
SECTION 6. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof, other than the part declared to be invalid. 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 7. 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 8. INCLUSION IN THE 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 as
needed to conform to the uniform numbering system of the code.
SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State 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 18 day of May, 2016.
Mayor Heather Carruthers
Yes
Mayor Pro Tem George Neugent
Yes
Commissioner Danny L. Kolhage
Yes
Commissioner David Rice
Yes
Commissioner Sylvia Murphy
Yes
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BOARD OF COUNT COMMISSIONERS
OF MONROE CO R
By:
M yor/ airperson
MONROE COUNTY ATTORNEY
AP,RROVED AS TQ,FOCIM:
gYNTHIA L. HALL
ASSISTANT COUNTY ATTORNEY
Date S- ZS 'Zo[
Cigarette Butts Ordinance
Page 4 of 4
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
Mr. Ernest L. Reddick, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Mr. Reddick,
Enclosed please find a certified copy of Ordinance No. 016 -2016 A Public hearing to consider
approval of an ordinance adding cigarette butts to the definition of "litter" in Section 21 -19 of the
Monroe County Code; creating Section 21- 21(d), making it unlawful to deposit cigarette butts; and
creating Sections 21 -22 and 21 -22of the Monroe County Code to define penalties and enforcement.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on May 18, 2016. Please file for the record. Should you have
any questions please feel free to contact me at (305) 295 -3130.
l Re ctfu l y sib itteds M He ilin, CPA,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
by: Cheryl Robertson, D. C.
cc: County Attorney via e -mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e -mail
MuniCode via e-mail
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 -295 -3130 Fax: 305 -295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305- 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
May 26, 2016
RICK SCOTT
Governor
May 26, 2016
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 016 -2016, which was filed in this office on May 26,
2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.fl.us
NU I Ict OF INTENTION TO
CONSIDER
ADOPT TON L c COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN
that on May 18, 2016 at 3:00
P.M., or as soon thereafter as
may be heard, in 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 ADDING
"CIGARETTE BUTTS" TO
THE DEFINITION OF
"LITTER" IN SECTION 21 -19
OF THE MONROE COUNTY
CODE; REVISING THE
DEFINITION OF "PUBLIC
WAY" IN SECTION 21 -19 OF
THE MONROE COUNTY
CODE; CREATING SECTION
21 -21(D) OF THE MONROE
COUNTY CODE, MAKING IT
UNLAWFUL TO DEPOSIT
CIGARETTE BUTTS IN
PUBLIC WAYS; CREATING
SECTION 21 -22 OF THE
MONROE COUNTY CODE,
"PENALTIES "; CREATING
SECTION 21 -23 OF THE
MONROE COUNTY CODE,
"ENFORCEMENT AND
REMEDIES "; PROVIDING
FOR SEVERABILITY;
PROVIDING FOR THE
REPEAL OF ALL
ORDINANCES IN CONFLICT;
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 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
22nd day of April, 2016.
AMY HEAVILIN,
Clerk of the Circuit Court
and ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
I April 27, 2016
Key Wes Gaizen
West
OAV
1U;EN STATE OF FLORIDA
ewspaper, Est. 1876 COUNTY OF MONROE
:ions, LLC
Before the undersigned authority personally appeared Paul Clarin, who on
1 oath says that he is Publisher of the Key West Citizen, a daily newspaper
7777 published in Key West, in Monroe County, Florida; that the attached copy of
advertisement, being a legal notice in the matter of
3025 G
5,COM N o4Ac -i_ 4G �1G s it
was published in said newspaper in the issue(s)'of
s 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
Es 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
CES West, in said Monroe County, Florida, for a period of 1 year next preceding
y 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 said fie^
/ Signature of Affiant
Sworn and subscribed before me thi day of 1 2016
com . 1 ,A Fp DAWN KAWZINSKY
k A
Notary Public: '' MY COMMISSION # FF 944194
EXPIRES: January 4, 2020
Bonded Thru Notary Public Underwriters
Dawn Kawzinsky
Expires: 1/4/2020 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
`A
F L O R I DA KEYS
KEYNCOTER
+; +:
Published Twice Weekly
Ad# 2411136
Marathon, Monroe County, Florida
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
PROOF OF PUBLICATION
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CON-
CERN that on May 18, 2016 at
STATE OF FLORIDA
3:00 P.M., or as soon there-
after as may be heard, in the
COUNTY OF MONROE
enter,
Before the undersigned authority personally
2 rveyGovern A ven u e ,
Key west Monroe County,
appeared RICHARD TAMBORRINO who on
Florida, the Board of County
oath, says that he is PUBLISHER of the
Commissioners of Monroe
FLORIDA KEYS KEYNOTER, a twice weekly
County Florida, intends to
newspaper published in Marathon, in Monroe
consider the adoption of the
following County ordinance:
County, Florida: that the attached copy of
advertisement was published in said
AN ORDINANCE ADDING
newspaper in the issues of: (date(s) of
"CIGARETTE BUTTS" TO
THE DEFINITION OF
publication)
"LITTER" IN SECTION 21 -19
n
/ /,� /�J
OF THE MONROE COUNTY
CODE; REVISING THE
LLLIII///lll (�! _ 1 �
-
j NITION OF "PUBLIC WAY"
IN SECTION 21 -19 OF THE
MONROE COUNTY CODE;
CREATING SECTION 21-
21(D) OF THE MONROE
Affiant further says that the said FLORIDA
COUNTY CODE MAKING IT
KEYS KEYNOTER is a newspaper published at
UNLAWFUL TO DEPOSIT
CIGARETTE BUTTS IN
Marathon, in said Monroe County, Florida, and
PUBLIC WAYS; CREATING
that the said newspaper has heretofore been
SECTION 21 -22 OF THE
continuously published in said Monroe County
M COUNTY CODE,
"PEE ";
Florida, twice each week (on Wednesday and
NALTNALT IES CREATING
SECTION 21 -23 OF THE
Saturday) and has been entered as a second
MONROE COUNTY CODE,
class mail matter at the post office In
"ENFORCEMENT AND REM-
Marathon, in Monroe County, Florida, for a
EDIES"; PROVIDING FOR
SEVERABILITY; PROVIDING
period of one year next preceding the first
FOR THE REPEAL OF ALL
publication of the attached copy of
ORDINANCES IN CONFLICT;
advertisement. The affiant further says that
PROVIDING FOR INCORPO-
RATION INTO THE MONROE
he has neither paid nor promised any person,
COUNTY CODE OF ORDI-
firm, or corporation any discount, rebate,
NANCES; AND PROVIDING
commission or refund for the purpose of
AN EFFECTIVE DATE.
securing this advertisement for publication in
Pursuant to Section 286.0105,
the said newspaper(s) and that The Florida
Florida Statutes, notice is giv-
Keys Keynoter is in full compliance with
en that if a person decides to
Chapter 50 of the Florida State Statutes on
appeal any decision made by
the Board with respect to any
Legal and Official Advertisements.
matter considered at such
hearings or meetings, he will
need a record of the proceed -
ings, and that, for such pur-
CONTINUED IN NEXT COLUMN
Richard Tamborrino, Publisher
Sworn to and subscribed before me this
0 Day of � � , 2016
Notary
(SEAL)
pose, 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 accom-
modations in order to partici-
pate 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 22nd day of April, 2016.
AMY HEAVILIN, Clerk of the
Circuit Court and ex officio
Clerk of the Board of County
Commissioners of Monroe
County, Florida
(SEAL)
Published April 27, 2016
Florida Keys Keynoter
i
RECEIVED
JUN - 8 2015
MONROE COUNTY ATTORNEY
BEVERLY TRAEGER
+; +:
MY COMMISSION # FF 108704
y' a;=
od °° `
EXPIRES: April 18 2018
Bonded Thru Notary Public Underwriters
pose, 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 accom-
modations in order to partici-
pate 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 22nd day of April, 2016.
AMY HEAVILIN, Clerk of the
Circuit Court and ex officio
Clerk of the Board of County
Commissioners of Monroe
County, Florida
(SEAL)
Published April 27, 2016
Florida Keys Keynoter
i
RECEIVED
JUN - 8 2015
MONROE COUNTY ATTORNEY
OAy
THE
Published Weekly
Tavernier, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally
appeared RICHARD TAMBORRINO who on
oath, says that he is PUBLISHER of THE
REPORTER, a weekly newspaper published in
Tavernier, in Monroe County, Florida: that the
attached copy of advertisement was published in
said newspaper in the issues of: (date(s) of
publication)
Affiant further says that the said THE
REPORTER is a newspaper published at
Tavernier, in said Monroe County, Florida, and
that the said newspaper has heretofore been
continuously published in said Monroe County,
Florida, each week (on Friday) and has been
entered as a second class mail matter at the
post office in Tavernier, in Monroe County,
Florida, for a period of one year next preceding
the first publication of the attached copy of
advertisement. The 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 said
newspaper(s) and that The THE REPORTER is
in full compliance with Chapter 50 of the Florida
State Statutes on Legal and Official
Advertisem
Richard Tamborrino, Publisher
Sworn to and subscribed before me this
��Day of ,>%, 2016
Notary Vi
(SEAL)
BEVERLY TRAEGER
MY COMMISSION # FF 108704
r.•a= EXPIRES: April 18 2018
Bonded Thru Notary Public Underwriters
Ad# 2411137
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CON-
CERN that on May 18, 2016 at
3:00 P.M., or as soon there-
after as may be heard, in 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 ADDING
"CIGARETTE BUTTS" TO
THE DEFINITION OF
"LITTER" IN SECTION 21 -19
OF THE MONROE COUNTY
CODE; REVISING THE DEFI-
NITION OF "PUBLIC WAY"
IN SECTION 21 -19 OF THE
MONROE COUNTY CODE;
CREATING SECTION 21-
21(D) OF THE MONROE
COUNTY CODE, MAKING IT
UNLAWFUL TO DEPOSIT
CIGARETTE BUTTS IN
PUBLIC WAYS; CREATING
SECTION 21 -22 OF THE
MONROE COUNTY CODE,
"PENALTIES "; CREATING
SECTION 21 -23 OF THE
MONROE COUNTY CODE,
"ENFORCEMENT AND REM-
EDIES"; PROVIDING FOR
SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT;
PROVIDING FOR INCORPO-
RATION INTO THE MONROE
COUNTY CODE OF ORDI-
NANCES; AND PROVIDING
AN EFFECTIVE DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is giv-
en 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 proceed-
ings, and that, for such pur-
CONTINUED IN NEXT COLUMN
pose, 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 accom-
modations in order to partici-
pate 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 22nd day of April, 2016.
AMY HEAVILIN, Clerk of the
Circuit Court and ex officio
Clerk of the Board of County
Commissioners of Monroe
County, Florida
(SEAL)
Published April 29, 2016
The Reporter
RECEIVED
JUN - 8 2016
MONROE COUNTY ATTORNEY