Item P11
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 18. 2009
Division: County Attorney
Bulk Item: Yes -1L No
Staff Contact Person/Phone #: Susan Grimsley #3477
AGENDA ITEM WORDING:
Approval to advertise and hold a public hearing to consider approval of a County Ordinance
prohibiting the sale of merchandise on the public right of way.
ITEM BACKGROUND:
Section 19-143 of the Monroe County Code prohibiting the sale of merchandise from within the limits
of the public right of way did not get included in the Monroe County Code adopted on 1/28/09 by the
Board. The proposed ordinance adds this provision back into the Monroe County Code.
PREVIOUS RELEVANT BOCC ACTION:
1/28/09 BOCC approved adoption of Monroe County Code
CONTRACT/AGREEMENT CHANGES:
Adds Section 19-7, Use of public right-of-way back into the newly adopted Monroe County Code
(previously Section 19-143 of the former Monroe County Code)
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A INDIRECT COST:
N/A_ BUDGETED: Yes _No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING:
Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing _Risk Management _
DOCUMENTATION:
Included x
Not Required_
DISPOSITION:
Revised 1109
AGENDA ITEM #
ORDINANCE NO.
- 2009
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY
PROHIBITING THE SALE OF MERCHANDISE
ON THE PUBLIC RIGHT OF \V A Y BY ADDING
SECTION 19-7; 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, there previously existed Section 19-143 of the Monroe County
Code prohibiting the sale of merchandise from within the limits of the public right of
way; and
WHEREAS, this provision did not get included in the Monroe County Code
adopted on January 28,2009 by the Board of County Commissioners; now, therefore,
BE IT ORDAINED by the Monroe County Board of County Commissioners that
the Monroe County Code is amended as follows:
Section 1. Section 19-7 is added.
Sec. 19-7 Use of public right-of-way
The sale of merchandise from within the limits and confines of all public roads or
street rights-of way lying within the territory under the jurisdiction of this ordinance is
prohibited.
Section 2. If any sectio~ subsel.-tion, sentence, clause or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 3. AU ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict
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Section 4 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 shalt be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 5. This ordinance shall take effect immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida that this ordinance
has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the day of
2009.
Mayor George Neugent
Mayor Pro Sylvia J. Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
ATTEST:
DANNYL.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor George Neugent
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Sales on ROW Ordinance
3d 1i09 KMP