Ordinance 023-2016w�
ORDINANCE) 2 3 -2016
AN ORDINANCE AMENDING SECTION 18 -2 OF THE MONROE
COUNTY CODE; PROVIDING THE COUNTY
ADMINISTRATOR WITH AUTHORITY TO WAIVE THE
PROHIBITION OF POSSESSION OR CONSUMPTION OF
ALCOHOLIC BEVERAGES AT PUBLIC FACILITIES,
BEACHES AND PARKS ON A PER EVENT BASIS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Monroe County has many county -owned public facilities, beaches and parks at
which certain groups and organizations enjoy hosting events; and
WHEREAS, a majority of these groups and organizations have annual events at these
county -owned locations; and
WHEREAS, on numerous occasions the host group or organization desire to serve or allow
alcoholic beverages at these events; and
WHEREAS, Monroe County Code of Ordinances (MCC) § 18 -2(b) prohibits any person, in, on or
about any public facility, vehicle or public beach or park in the unincorporated areas of the county, to
possess or consume alcoholic beverages; and
WHEREAS, MCC § 18 -2(b) and (c) provides that the prohibitions of possession and consumption
of alcoholic beverages on public beaches and parks may be waived by the board of county commissioners
( "BOCC ") upon a resolution of the board; and
WHEREAS, annually the BOCC receives approximately ten (10) prohibition waiver requests
from groups and organizations, and typically most of the waiver requests are submitted to the County
Administrator less than two weeks before the scheduled event, so that the waiver and proposed resolution
cannot be timely placed before the BOCC at the next scheduled public meeting; and
WHEREAS, the provision of MCC § 18 -2(c) that provides that such waiver may only be granted
to a non - profit organization should be deleted as being an unnecessary limitation and requirement; and
WHEREAS, by amending MCC § 18 -2 to substitute the BOCC with the County Administrator or
his/her designee with authority to waive the prohibition on a per -event basis this will eliminate these
repeated items and resolutions from being placed on BOCC agendas, will be consistent with similar
authority granted to the County Administrator with respect to waiving prohibitions of camping in parks
and extending park hours on a per -event basis, and enable groups and organizations to submit their waiver
request to the County Administrator's office for faster review, approval or rejection; and
Page 1 of 3
WHEREAS, pursuant to F.S. §125.74(a), the County Administrator is authorized to administer
and carry out the directives and policies of the BOCC and enforce all orders, resolutions, ordinances, and
reguiations of the BOCC; and
WHEREAS, pursuant to F.S. § 125.74(g), the County Administrator is authorized to supervise the
care and custody of all county property; and
WHEREAS, pursuant to MCC §2 -58(a) and (b) the BOCC adopted the county administration law
as contained in F.S, Ch. 125, pt. III (F.S. § 125.70 et seq.) and the County Administrator powers and duties
set forth in F.S. §125.74; and
WHEREAS, the title of MCC § 18 -2 needs to be amended to more fully state and represent the
intent of the ordinance; and
WHEREAS, MCC §18-2(b) needs to be amended to replace the BOCC with the County
Administrator or his/her designee as having authority to issue a written waiver of the prohibition of any
person from possessing or consuming alcoholic beverages at county -owned public facilities, beaches and
parks; and
WHEREAS, MCC § 18 -2(c) needs to be amended to delete the requirement of a resolution of the
BOCC to constitute waiver and that such waiver may only be granted to a non - profit organization;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: The Title of Section 18 -2 of the Monroe County Code is hereby amended to read as
follows:
Sec. 18 -2. - Possession or consumption of alcoholic beverages at public facilities, beaches and parks
SECTION 2: Section 18 -2(b) of the Monroe County Code is hereby amended to read as follows:
(b) It shall be prohibited for a person, in, on or about any public facility, vehicle or public beach or
park in the unincorporated areas of the county, to possess or consume alcoholic beverages. The
prohibitions against possessing or consuming alcoholic beverages in, on or about any public facility,
beach or park may be waived in writing by the County Administrator or his/her designee on a per -event
basis as provided in this section.
SECTION 3: Section 18 -2(c) of the Monroe County Code is hereby amended to read as follows:
(c) Upon submission of a timely and sufficiently detailed waiver request made to the County
Administrator, the County Administrator or his/her designee may waive the prohibitions contained in this
section by way of issuing a written waiver which states the limits and extent to which these prohibitions
are waived. However, any such waiver shall require the presence of security guards in the number the
County Administrator or his/her designee determines necessary to preserve public order, and shall require
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liability insurance naming the Monroe County Board of County Commissioners as an additional named
insured in a form and amount satisfactory to the County Administrator or his/her designee.
SECTION 4: SEVERABILITY. Should any portion 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 a 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 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 THE CODE OF ORDINANCES. The provisions of this Ordinance
shall be included and incorporated in the Code of Ordinance 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 7: EFFECTIVE DATE. This Ordinance shall take effect upon the filing with the Department
of State as provided in F. S. §125.66(2).
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the go h day of u J 1y , 2016.
Mayor Heather Carruthers Yes
Mayor Pro Tem George Neugent Yes
Commissioner Danny Kolhage Y eS
Commissioner David Rice Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN Y, FLORIDA
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By:
M or r'
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
CHRIS AMBROSIO
ASST TANT COUNTY ATTORNEY
Date:
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Page 3 of 3
Commissioner Sylvia Murphy
NOTICE OF INTENTION TO
CONSIDER
ADOPTION OF COUNTY
ORCINAN E
NOTICE IS HEREBY GIVEN Kr _Y" wt S1
TO WHOM IT MAY CONCERN
that on July 20, 2016 at 3:00 1 ZE N
P.M., or as soon thereafter as Newspaper, Est. 1876
may be heard, in the itions, LLC
Marathon Government
STATE OF FLORIDA
COUNTY OF MONROE
Center, 2798 Overseas
Before the undersigned authority appeared Paul Clarin, who on
Highway, Mile Marker 50,
personally
Marathon, Monroe County
oath says that he is Publisher of the Key West Citizen, a daily newspaper
Florida, the Board of County
p ublished in Key West in Monroe County, that the attached co of
p Y tY> copy
Commissioners of Monroe 7777
�
County, Florida, intends to advertisement, being a legal notice in the matter of
consider the adoption of the 3025 l
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following County ordinance: ;,com A) � T A J D , l � 4- n
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AN ORDINANCE AMENDING
SECTION 18 -2 OF THE
MONROE COUNTY CODE;
PROVIDING THE COUNTY
ADMINISTRATOR WITH
AUTHORITY TO WAIVE THE
PROHIBITION OF
POSSESSION OR
CONSUMPTION OF
ALCOHOLIC BEVERAGES AT
PUBLIC FACILITIES,
BEACHES AND PARKS ON A
PER EVENT BASIS;
PROVIDING FOR
SEVERABILITY; PROVIDING
FOR REPEAL OF ALL
ORDINANCES IN CONFLICT;
AND PROVIDING AN
EFFECTIVE DATE.
Pursuant to Section
286.0105, Florida Statutes,
notice is given that if a person
decides to appeal any derision
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 t
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
21 st day of June, 2016.
AMY HEAVILIN,
Clerk of the Circuit Court
and ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
111
IG �x _A J � t C 1 S ° �
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
S 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
ES 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 sp r.
Signature of Affiant
Sworn and subscribed before me this c_ � day of June, 2016
;om
Notary ublic:
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MY COM2v115SICN FF 944194
EXPIRES: January 4, 20T2
Bonded Thru Notary Puwic Underwriters
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Dawn Kawzinsky
Expires: 1/4/2020
Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
June 24, 2016
Key West Citizen
F L O R I D A K E Y S
KEYNOTER
Ad# 2528593
Published Twice Weekly
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
Marathon, Monroe County, Florida
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
PROOF OF PUBLICATION
TO WHOM IT MAY CON-
CERN that on July 20, 2016 at
3:00 P.M., or as soon there -
after may be heard, the
STATE OF FLORIDA
Marathon Government Cen-
COUNTY OF M O N RO E
ter, 2798 Overseas Highway,
Mile Marker 50, Marathon,
Before the undersigned authority p ersonally
g Y p y
Monroe County, Florida, the
appeared RICHARD TAMBORRINO who on
Board of County Commission -
oath, says that he is PUBLISHER of the
ers of Monroe County, Florida,
FLORIDA KEYS KEYNOTER, a twice weekly
intends to consider the adop-
of the following County
newspaper published in Marathon in Monroe
ordinance:
o
County, Florida: that the attached copy of
advertisement was Dublished in said
AN ORDINANCE AMENDING
newspaper In the Issues of: (date(s) of
SECTION CO OF THE UNTY CODE;
publication)
PROVIDING THE COUNTY
ADMINISTRATOR WITH
AUTHORITY TO WAIVE THE
PROHIBITION OF POSSES-
SION OR CONSUMPTION OF
ALCOHOLIC BEVERAGES
AT PUBLIC FACILITIES,
BEACHES AND PARKS ON A
Affiant further says that the said FLORIDA
PER EVENT BASIS; PROVID-
KEYS KEYNOTER is a newspaper published at
ING FOR SEVERABILITY;
Marathon, in said Monroe County, Florida, and
PROVIDING FOR REPEAL
OF ALL ORDINANCES IN
that the said newspaper has heretofore been
CONFLICT; AND PROVIDING
continuously published in said Monroe County,
AN EFFECTIVE DATE.
Florida, twice each week (on Wednesday and
Pursuant Section 05,
Saturday) and has been entered as a second
Florida St utes, not ce is s
class mail matter at the post office in
p
t o
en that if a person decides to
Marathon, in Monroe County, Florida, for a
appeal any decision made by
period of one year next preceding the first
the Board with respect to any
publication of the attached copy of
matter considered at such
hearings or meetings, he will
advertisement. The affiant further says that
Y
need a record of the proceed -
he has neither paid nor promised any person,
ings, and that, for such pur
firm, or corporation any discount, rebate,
pose, he may need to ensure
that a verbatim record of the
commission or refund for the purpose of
proceedings is made, which
securing this advertisement for publication in
record includes the testimony
the said newspaper(s) and that The Florida
and evidence upon which the
Keys Keynoter is in full compliance with
appeal is to be based.
Chapter SO of the Florida State Statutes on
ADA ASSISTANCE: If you
Legal nd Official Advertisements.
are a person with a disability
who needs special accom-
modations in order to partici-
pate in this proceeding,
please contact the County
Richard Tamborrino, Publisher
Administrator's Office, by
phoning(305)292 -4441,
between the hours of 8:30
Sworn to and subs ribed before me this
j)
a.m. -5:00 p.m., no later than
five (5) calendar days prior
to the scheduled meeting;
Day of 2016
if you are hearing or voice
impaired, call "711 ".
Dated at Key West, Florida,
/J
this 21st day of June, 2016.
Nmry v AMY HEAVILIN, Clerk of the
(SEAL) Circuit Court (SEAL) and ex
officio Clerk of the Board of
s County Commissioners of
, .i�
r BEVERLY Monroe County, Florida
•.=
+= MY COMMISSION Y FF 108704
a EXPIRES: April 18, 2018 Published June 25, 2016
8F Bonded Thru Notary Pubic Underwrde, Florida Keys Keynoter
RECEIVED
JUL 14 2016
MONROE COUNTY ATTORNEY
RECEIVED
JUL 112016
MONROE COUNTY ATTORNEY
Ad# 2528603
NOTICE OF INTENTIO TO
THE REPORTER
CONSIDER ADOPTION OF
COUNTY ORD NAN
NOTICE IS HEREBY GIVEN
Published Weekly
TO WHOM IT MAY CON -
Tavernier, Monroe County, Florida
that on July 20, at
,
3:00 P.M., or as soon therehere -
3:00
after as may be heard, in the
PROOF OF PUBLICATION
Government
Mar2798 Overseas Highway,
Mile Marker 50, Marathon,
Monroe County, Florida, the
STATE OF FLORIDA
Board of County Commission-
ers of Monroe County, Florida,
COUNTY OF MONROE
intends to consider the adop-
Before the undersigned authority personally
tion of the following County
appeared RICHARD TAMBORRINO who on
ordinance:
oath, says that he is PUBLISHER of THE
AN ORDINANCE AMENDING
new ublished in
REPORTER, a weekly P
SECTION CO OF THE
MONROE COUNTY CODE;
Tavernier, in Monroe County, Florida: that the
PROVIDING THE COUNTY
attached copy of advertisement was published in
ADMINISTRATOR WITH
said newspaper in the issues of: (dates of
(�
AUTHORITY TO WAIVE THE
PROHIBITION OF POSSES-
r)
gION OR COMA "'7 `^ 6'
i
ALCOHOLIC BEVERAGES
AT PUBLIC FACILITIES,
BEACHES AND PARKS ON A
PER EVENT BASIS; PROVID-
ING FOR SEVERABILITY;
PROVIDING FOR REPEAL
OF ALL ORDINANCES IN
CONFLICT; AND PROVIDING
s that the said THE
Affiant further says
AN EFFECTIVE DATE.
REPORTER is a newspaper published at
Tavernier, in said Monroe County, Florida, and
Pursuant at Section ice is 05,
Florida Statutes, notice is giv-
that the said newspaper has heretofore been
en that if a person decides to
continuously published in said Monroe County,
appeal any decision made by
Florida, each week (on Friday) and has been
the Board with respect to any
matter considered at such
entered as a second class mail matter at the
hearings or meetings, he will
post office in Tavernier, in Monroe County
need a record of the proceed -
Florida, fora p eriod of one y ear next p receding
P Y P 9
and that, for such e nsu re
pose, he may need to ensure
pos
the first publication of the attached copy of
that a verbatim record of the
advertisement. The affiant further says that he
proceedings is made, which
record includes the testimony
has neither paid nor promised any person, firm
and evidence upon which the
or corporation any discount, rebate, commission
appeal is to be based.
or refund for the purpose of securing this
ADA ASSISTANCE: If you
advertisement for publication in the said
are a person with a disability
newspaper(s) and that The THE REPORTER is
who needs special accom-
in order to partiOct
in full compliance with Chapter 50 of the Florida
modations
pate in this proceeding,
State Statutes on Legal and Official
please contact the County
Advertisem
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;
Richard Tamborrino Publisher
if you are hearing or voice
"711 ".
impaired, call
Sworn to and subscr ed before me this
Dated at Key West, Florida,
Day of 2016
this 21st day of June, 2016.
AMY HEAVILIN, Clerk of the
Circuit Court (SEAL) and ex
officio Clerk of the Board of
/'�
County Commissioners of
Monroe County, Florida
Published July 1, 2016
N ry
The Reporter
(SEAL)
BEVERLYTRAEGER
:.: MY COMMISSION # FF 108704
a= EXPIRES; April 18, 2018
Bonded Thru Notary Puhlit Underwriters
RECEIVED
JUL 112016
MONROE COUNTY ATTORNEY
AMY NEAVILIN, CPA
CLERK OF CIRCUR 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 023 -2016 A public hearing to consider an
ordinance amending Sec. 18 -2 of the Monroe County Code to provide the County Administrator with
authority to waive the prohibitions of possession and consumption of alcoholic beverages at public
beaches and parks.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on July 20, 2016. Please file for the record. Should you have
any questions please feel free to contact me at (305) 295 -3130.
Re fiobepeksm
spectfully sub submitted,
Amy H vilin, 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
July 28, 2016
lM WE
FLORIDA DEPARTMENT 0f STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 28, 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:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 023 -2016, which was filed in this office on July 28,
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