Ordinance 024-2016ORDINANCE 024-2016
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 19 -5 OF
THE MONROE COUNTY CODE; PROHIBITING FISHING
FROM CERTAIN COUNTY BRIDGES; 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, it is detrimental to traffic safety and it is dangerous to human life for pedestrians to
fish from the Sugarloaf Blvd Bridge (CR 939 (Sugarloaf Blvd.) Monroe County Bridge #904153 over
unnamed channel); and
WHEREAS, the Board of County Commissioners of Monroe County finds that it is appropriate
and necessary to prohibit fishing from that bridge; and
WHEREAS, § 125.01(4), 316.008 and 316.13 0(l), Florida Statutes, authorizes the County to
enact such an ordinance;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1 : Section 19 -5 shall be amended to read as follows:
Sec. 19 -5. — Fishing from Certain County Bridges prohibited.
(a) Fishing by pedestrians is hereby prohibited from or on any portion of:
(1) Tom's Harbor Channel County Bridge..
(2) Sugarloaf Blvd Bridge (CR 939 (Sugarloaf Blvd.) Monroe County Bridge #904153 over
unnamed channel)
(b) The county engineering director is instructed to have traffic control devices posted on the
approach to the bridge and on the bridge itself warning of the fishing prohibition.
(c) Violations of this section are noncriminal traffic infractions subject to the enforcement
provisions of F.S. § 318.14(1)(6).
(d) The penalty for a violation of this section is that established by F.S. § 318.18(1) for the violation
of pedestrian regulations ($15.00 fine).
(e) This section may be enforced by any law enforcement officer with authority to arrest persons for
the violation of statutes or ordinances regulating traffic or by traffic enforcement officers
employed by the county sheriff, who may also issue citations for any violations.
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
Page 1 of 2
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 20 day of July, 2016.
Mayor Heather Carruthers Yes
Mayor Pro Tem George Neugent Yes
Commissioner Danny Kolhage y
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
HEAVILIN, Clerk OF MONROE COU TY, FLORIDA
Ce
O SlT)'1 By
Jerk Mayor/ hai on
Page 2 of 2
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(>ACEOF INTENTION TO
CONSIDER
ADOF - ION OF COUNTY
RDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN
that on July 20, 2016 at 3:00
P.M., or as soon thereafter as
may be heard, in the Marathon
Government Center, 2798
Overseas Highway, Mile Marker
50, Marathon, Monroe County,
Florida, the Board of County
Commissioners of Monroe
County, Florida, intends to
consider the adoption of the
following County ordinance:
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AN ORDINANCE OF THE NS,COM
MONROE COUNTY BOARD
OF COUNTY
COMMISSIONERS 4ING
AMENDING SECTION 19 -5 OF
THE MONROE COUNTY
CODE; PROHIBITING
FISHING FROM CERTAIN
COUNTY BRIDGES;
PROVIDING FOR '
SEVERABILITY; PROVIDING
FOR REPEAL OF ALL
ORDINANCES
INCONSISTENT HEREWITH;
PROVIDING FOR ess
INCORPORATION INTO THE VICES
MONROE COUNTY CODE OF g
ORDINANCES; AND
PROVIDING AN EFFECTIVE
DATE. FFICES
;ility
Pursuant to Section to
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 om
record includes the testimony
and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you vy
are a person with a disability
who needs special
accommodations in order to
participate in this proceeding, IYS.COM
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
6th 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
STATE OF FLORIDA
COUNTY OF MONROE
RECEIVED
JUL I 12016
MONROE COUNTY ATTORNEY
Before the undersigned authority personally appeared Paul Clarin, who on
oath says that he is Publisher 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
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I 'M lam+ C e r 1 ' 16, j _Sec, L q
was published in said newspaper in the issue(s) of
e 1Z 201
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 said new er.
Signature of Affiant
Sworn and subscribed before me this day of tJti/L% 2016
Notary Public:
•a€
Dawn Kawzinsky
Expires: 1/4/2020
DAWN KAINZINSKY
MY CO3VUISSIGN 0 FF 94419^ i
EXPIRES: January 4, 21720 t
Bonded Thru Notary Pub,:c Underwriters
Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
June 12, 2016
Key West Citizen
RECEIVED
JUL 14 2016
MONROE COUNTY ATTORNEY
F L O 11 1 D A K E Y S
KEYNOTE
Ad# 2499432
Published Twice Weekly
NOTICE OF INTENTION TO
Marathon, Monroe County, Florida
y
CONSIDER ADOPTION OF
COUNTY ORDINANCE
PROOF OF PUBLICATION
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CON-
CERN that on July 20, 2016 at
3:00 P.M., or as soon there -
STATE OF FLORIDA
after as may be heard, in the
Marathon Government Cen-
COUNTY OF MONROE
ter, 2798 Overseas Highway,
Before the undersigned authority personally
Mile Marker 50, Marathon,
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-
newspaper published in Marathon, in Monroe
tion of the following County
ordinance:
County, Florida: that the attached copy of
advertisement was published in said
AN ORDINANCE OF THE
newspaper In the issues Of: (ddte(5) Of
MONROE COUNTY BOARD
OF COUNTY COMMISSION.
publication)
ERS AMENDING SECTION
/
19 -5 OF THE MONROE
COUNTY CODE; PROHIBIT-
///
ING FISHING FROM CER-
TAIN COUNTY BRIDGES;
PROVIDING FOR
SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDI-
Affiant further says that the said FLORIDA
NANCES INCONSISTENT
KEYS KEYNOTER is a newspaper published at
HEREWITH; PROVIDING
FOR INCORPORATION INTO
Marathon, in said Monroe County, Florida, and
THE MONROE COUNTY
that the said newspaper has heretofore been
CODE OF ORDINANCES;
AND PROVIDING AN EFFEC-
continuously published in said Monroe County
TIVE DATE.
Florida, twice each week (on Wednesday and
Saturday) and has been entered as a second
Pursuant to Section 286.0105,
class mail matter at the post office in
Florida Statutes, notice is giv-
Marathon, in Monroe County, Florida, for a
en that if a person decides to
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
advertisement. The affiant further says that
hearings or meetings, he will
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
commission or refund for the purpose of
that a verbatim record of the
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 50 of the Florida State Statutes on
ADA ASSISTANCE: If you
Legal and 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 su scribed before me this
a.m. - 5:00 p.m., no later than
five (5) calendar days prior
to the scheduled meeting;
Day of
if you are hearing or voice
_ , 2016
impaired, call 711 ".
4
Dated at Key West, Florida,
this 6th day of June, 2016.
Ot ry
AMY HEAVILIN, Clerk of the
Circuit Court (SEAL) and ex
(SEAL)
officio Clerk of the Board of
County Commissioners of
Monroe County, Florida
BEVERLYTRAEGER
Published June 11, 2016
+: : +'_ MY COMMISSION ►FF108104
Florida Keys Keynoter
?� = � EXPIRES: April 18 2018
'�;;;F F ., Bonded Thru Notary Puldie Undenvritew
_
RECEIVED
JUL 14 2016
MONROE COUNTY ATTORNEY
THE REPORTER
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 nFr�spaper in the issues of: juat2jS) of
publi tion)
Z, zal '20 16
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
71 Day of 2016
_ N ary
(SEAL)
BEVERLY TRAEGER
MY COMMISSION li FF 108704
EXPIRES: April 18, 2018
Bonded Thru Notary Publie Undenrrite,
Ad# 2499439
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CON-
CERN that on July 20, 2016 at
3:00 P.M., or as soon there-
after as may be heard, in the
Marathon Government Cen-
ter, 2798 Overseas Highway,
Mile Marker 50, Marathon,
Monroe County, Florida, the
Board of County Commission-
ers of Monroe County, Florida,
intends to consider the adop-
tion of the following County
ordinance:
AN ORDINANCE OF THE
MONROE COUNTY BOARD
OF COUNTY COMMISSION-
ERS AMENDING SECTION
19 -5 OF THE MONROE
COUNTY CODE; PROHIBIT-
ING FISHING FROM CER-
TAIN COUNTY BRIDGES;
PROVIDING FOR
SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDI-
NANCES INCONSISTENT
HEREWITH; PROVIDING
FOR INCORPORATION INTO
THE MONROE COUNTY
CODE OF ORDINANCES;
AND PROVIDING AN EFFEC-
TIVE 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-
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 6th 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 June 10, 2016
The Reporter
RECEIVED
JUL 14 2416
MONROE COUNTY ATTORNEY
AMY NEAVILIN, CPA
CLERK Of CIRCUIT COURT 8 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 024 -2016 A Public Hearing to amend
Section 19 -5 of the Monroe County Code to prohibit fishing from the Sugarloaf Blvd. Bridge (CR939
(Sugarloaf Blvd.) Monroe County Bridge #904153 over unnamed channel).
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.
R�spectfully� � }nit�
Amy lWavilin, 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
G
FLORIDA DEPARTMENT O STATE
RICK SCOTT
Governor
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:
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. 024 -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.tl.us