Item P3BOARD OF COUNTY Cb1VIlbIISSIONERS
AGENDA ITEM $UMMAIty
Meeting Date: January 19, 2012 Division: Count Attome
Bulk I r y
Item: Yes No Staff Contact Person: Christine Limbert-B arrows
AGENDA ITEM WORDING: Approval to advertise a ubHc h nfor an
p ear�g Ordinance cr+eatuig
Section 17-5 of the Monroe County Code to prohibit persons from loitering after
. P� g wartung or where a
no loitering sign has been posted.
ITEM BACKGROLM: The County currently has no loitering ordinance so creation
ofinanflue
ce would provide for regulation to ensure that public safe and is maintained
safety peace and to
prevent the obstruction of free access and use by other members of the public.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS:
Approval to advertise.
TOTAL COST: NIA
COST TO COUNTY: —N1
BUDGETED:
SOURCE OF FUNDS: —N/A
1�E PRODUCING: Yes No AMOUNT PER MO
NTH Year
APPROVED BY: County Atty. OMB in Risk g � Management .�
DO TATION: Included - Not Required..
DISPOSITION:
AGENDA ITEM #
COMMISSIONER MURPHY
ORDINANCE NO. - 2012
AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS CREATING SECTION 17-5 OF THE MONROE COUNTY
CODE TO PROHIBIT PERSONS FROM LOITERING AFTER WARNING OR
WHERE A NO LOITERING SIGN HAS BEEN POSTED; PROVIDING FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABI LITY;
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, the Board of County Commissioners finds that certain public areas in unincorporated
Monroe County should be regulated to ensure that public safety and peace is maintained and to prevent
obstruction of free access and use by other members of the public; and
WHERERAS, loitering in these public areas can obstruct and hinder other pedestrians and traffic
and also unreasonably disturb or interfere with the enjoyment of said areas by other members of the
public; and
WHEREAS, the Board of County Commissioners finds that when a "No Loitering" sign has been
posted or when persons are warned by law enforcement officers to refrain from behavior that obstructs
or hinders access and/or threatens public safety thereby interfering with enjoyment by other members
of the public, any such activity should be prohibited; and
WHEREAS, the Florida Second District Court of Appeal in State v. Kemp, 429 So.2d 822 (2nd DCA
1983) upheld an ordinance prohibiting loitering when a "no loitering" sign has been posted or when a
prior warning by a law enforcement officer has been given;
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
SECTION 1. That Section 17-5 of Chapter 17 offenses and Miscellaneous Provisions is hereby created to
read as follows:
Sec. 17-5 Disobedience to warning or "no -loitering" sign prohibited
It shall be unlawful for any person, after first being warned by a law enforcement officer, or where a "no
loitering" sign or signs have been posted, to loiter, stand, sit or lie in or upon any public or quasi -public
sidewalk, street, alley, curb, crosswalk, walkway area, bridge, plaza, park, parking lot, building open to
the general public, boat ramp, or other water access area utilized for public use, so as to hinder or
obstruct unreasonably the free passage of pedestrians or vehicles thereon; nor shall any person block,
obstruct or prevent free access or otherwise threaten public safety or create a breach of peace.
1
COMMISSIONER MURPHY
Penalties.
Violation of this Section shall be prosecuted in the same manner as misdemeanors are prosecuted. Such
violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by
the prosecuting attorney thereof, and upon conviction shall be punished by a fine not to exceed five
hundred dollars ($500-00) or by imprisonment in the county jail not to exceed sixty (60) days or by both
such fine and imprisonment.
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 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 S. 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 �th day of , 2012.
Mayor David Rice
Mayor Pro Tern Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
0 O U NJ I Y ATT
r� �y Or'
2 APPROVED AS TO FORM:
CNA1,c.";'r1NE N . LI "-ME - I -BAR' -ROWS
ASSISTANT COUNTY ATTORNEY