Ordinance 007-2017ORDINANCE NO. 007 - 2017
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA AMENDING SECTION 13 -3 OF THE
MONROE COUNTY CODE TO UPDATE INSURANCE TERMS AND
REQUIREMENTS FOR "USE OF FIREWORKS" PERMIT
APPLICANTS; REQUIRING APPLICANT TO PROVIDE A
COMMERCIAL GENERAL LIABILITY INSURANCE POLICY WITH
SET LIMITS AND WITH THE COUNTY NAMED AS "ADDITIONAL
INSURED "; REVISING THE FIRE MARSHAL'S "USE OF
FIREWORKS" PERMIT APPLICATION FORMS TO REFLECT
CORRECT AND CURRENT INSURANCE TERMS AND LIMITS AND
CITING SEC. 3 -13 IN THE APPLICATION; 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, Ch. 13, Art. I, Sec. 13 -3 of the Monroe County Code of Ordinances is the
"Use of Fireworks" ordinance that provides legal requirements that applicants must comply with
in order to obtain a permit from the Fire Marshal to display fireworks in the County; and
WHEREAS, Ch. 13, Art. I, Sec. 13 -3 of the Monroe County Code of Ordinances has not
been updated since 1991; and
WHEREAS, Sec. 13 -3 of the Monroe County Code requires that the applicant provide a
liability insurance policy of not less than $500,000.00 per person or $1,000,000.00 per incident
for all claims, and that the County is named as a `co- insured' on the policy; these terms and
policy limits are incorrect and outdated; and
WHEREAS, the County Attorney recommends updating and revising Sec. 13 -3 of the
Monroe County Code to ensure the Code contains the current and proper insurance terms and
requirements which require the applicant provide a Commercial General Liability insurance
policy that must have limits of not less than $1,000,000.00 per occurrence and $2,000,000.00
annual aggregate claims, and that the County is named as an `Additional Insured "; and
WHEREAS, the Fire Marshal's Use of Fireworks Permit Application has been revised to
include, among many improvements, the correct and current insurance terms and limits as cited
in the previous clause and now references Sec. 13 -3 of the Monroe County Code in the
application; and
WHEREAS, it is in the County's best interest to ensure current and adequate insurance
terms and requirements are set forth in its Code and in the Fire Marshal's permit application to
provide the highest level of liability protection for the County; and
Pagel of 3
WHEREAS, adoption of this ordinance will bring the Code current providing the highest
liability protection for the County and consistent with the revised content of the Fire Marshal's
Use of Fireworks Permit Application;
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Monroe County, Florida that the Monroe County Code is hereby amended as follows:
Section 1. Sec. 13 -3. shall be amended to read as follows:
Sec. 13 -3. - Use of fireworks.
(a) Permit Required.
(1) A permit for the display of fireworks, as defined under F.S. § 791.01
and F.S. §791.02, shall be acquired from the county fire marshal. The county fire
marshal will approve the application for a fireworks permit only if safety
conditions and provisions of law are met. An application for a fireworks display
must be received by the county fire marshal at least 30 days in advance of the date
of display under written procedures and on a form approved by the board of
county commissioners. As part of the permit process, an indemnification and
hold - harmless agreement on behalf of the Monroe County Board of County
Commissioners must be executed by the fireworks display sponsor or organizer,
and should be approved by the board of county commissioners or county
administrator or his designee, and the county risk management office if county
property is intended to be used to conduct the display of fireworks.
(2) The fire marshal shall determine that the applicant has purchased a
Commercial General Liability insurance policy with limits of not less than
$1,000,000.00 per occurrence and $2,000,000.00 annual aggregate that covers the
fireworks display, that the county is named as an Additional Insured on the
insurance policy, that the county will be held harmless from any liabilities relative
to the display of fireworks under the permit, and that the county will be afforded
indemnity and a defense for any and all claims, suits, causes of action, loss,
damage, costs, expenses and liabilities that may result or arise out of the
fireworks display, including but not limited to any and all claims, suits, causes of
action, judgments or damages sustained by Monroe County for bodily injury or
for injury to or loss of property resulting from, caused by, or arising out of the
fireworks display.
(3) Further, the fire marshal shall require that the fireworks display will be
supervised by a person trained in pyrotechnics.
(b) Supervision. Such fireworks shall not be displayed within 100 feet of a
building of any sort, nor shall such public display of fireworks be conducted
within one -half mile of any hospital, nursing home or nursing care center.
Page 2 of 3
(c) Time limit on permit. Any permit issued shall be for a time not to exceed four
hours and shall state with certainty on the application where, during what hours
and the time the display shall be exhibited. Further rules and regulations where
indicated and needed shall be adopted by the board of county commissioners on
the recommendation of the public works department.
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 5. TRANSMITTAL AND EFFECTIVE DATE. This ordinance shall
take effect upon receipt of a certified copy of this ordinance by the Secretary of
State pursuant to the process set forth 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 21st day of June 3 , 2017 0 -n
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B y:1 4" '
Mayor
MONROE COUNTY ATTORNEY
APP OVED A TO
Page 3 of 3 CHRIS AMBROSIO
g ASSISTA TT C UNTY ATTORNEY
Date: l
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Mayor George Neugent
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Mayor Pro Tem David Rice
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Commissioner Danny Kolhage
Yes
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Commissioner Heather Carruthers
Yes
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Commissioner Sylvia Murphy
Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B y:1 4" '
Mayor
MONROE COUNTY ATTORNEY
APP OVED A TO
Page 3 of 3 CHRIS AMBROSIO
g ASSISTA TT C UNTY ATTORNEY
Date: l
CONSIDER ADOPTION OF
COUNTY ORDINANCE
RECEIVED
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN JUN 2 2017
that on June 21,2017 at 3:00
P.M.,or as soon thereafter as KEY WEST
may be heard,in the 1 1 Jtr LLLJJJ N STATE OF FLORI DA► ATTORNEY
Commission Chambers, {ttaROE COt1N�
Murray E.Nelson Oly N•risp p.4 Eat.1878
Government Center. 102050 ications, LLC COUNTY OF MONROE
Overseas Highway,Mile -y
Marker 102,Key Largo, Before the undersigned authority personally appeared Paul Clarin, who on
Monroe County,Florida,the ;3041
Board of County oath says that he is Publisher of the Key West Citizen, a daily newspaper
Commissioners of Monroe 292'7777 published in Key West, in Monroe County, Florida; that the attached copy of
County,Florida,intends to 219
consider the adoption of the ?95-8025 advertisement, being a legal notice in the matter of
following County ordinance: 1eWS,Com
AN ORDINANCE OF THE A) 0 k c + Q(1-(,uoce-
BOARD OF COUNTY
COMMISSIONERS OF .ISHING PtplemaMONROE COUNTY, FLORIDA I li„ Sec )33 U (e- of- CI Wu& ,)t5
AMENDING SECTION 13-3 OF � JJ LL
THE MONROE COUNTY
CODE UPDATE
INSURANCEE TERMS AND ces was published in said newspaper in the issue(s) of
REQUIREMENTS FOR"USE
OF FIREWORKS"PERMIT ["f1Tr/
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APPLICANTS; REQUIRING I ? •
APPLICANT TO PROVIDE A
COMMERICIAL GENERAL ;press
LIABILITY INSURANCE Affiant further says that the Key West Citizen is a newspaper published in
POLICY WITH SET LIMITS RVICES KeyWest, in said Monroe County, Florida and that the said newspaper has
AND WITH THE COUNTY ing Ty'
NAMED AS"ADDITONAt heretofore been continuously published in said Monroe County, Florida every
INSURED"; REVISING THE
FIRE MARSHAL'Sday, and has been entered as second-class mail matter at thepost office in"USE OF OFFICES Key
FIREWORKS"PERMIT acuity West, in said Monroe County, Florida, for a period of 1 year next preceding
APPLICATION FORMS TO
REFLECT CORRECT AND irive the first publication of the attached copy of advertisement; and affiant further
CURRENT INSURANCE says that he has neither paid nor promised any person, firm or corporation any
TERMS AND LIMITS AND
CITING SEC.3-13 IN THE 7 discount, rebate, commission or refund for the purpose of securing this
APPLICATION; PROVIDING 8
FOR SEVERABILITY; cm
advertisement for publication in the said newspaper.
PROVIDING FOR REPEAL OF
ALL ORDINANCES on
INCONSISTENT HEREWITH; 380
PROVIDING FOR 399
INCORPORATION INTO THE
MONROE COUNTY CODE OF t'com Signature of Affiant
ORDINANCES;AND
PROVIDING FOR AN ice
EFFECTIVE DATE. Hwy
_07 70 Sworn and subscribed before me this z day of M Ny , 2017
Pursuant to Section 286.0105, 6
Florida Statutes, notice is given rkeys.com
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the Board with respect to any Notary Public: _ ',• = MY COMMISSION f FP 944194
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record includes the testimony
and evidence upon which the Expires: 1/4/2020 Notary Seal
appeal is to be based.
ADA ASSISTANCE: If you are a
person with a disability who Personally Known x Produced Identification Dated at Key West,Florida,this
needs special accommodations 17th day of May,2017.
in order to participate in this Type of Identification Produced KEVIN MADOK,Clerk of the
proceeding,please contact the Circuit Court and ex officio
County Administrator's Office, Clerk of the Board of County
by phoning(305)292-4441, Commissioners of Monroe
between the hours of 8:30 a.m. County, Florida
-5:00 p.m.,no later than five(5)
calendar days prior to the May 22,2017
scheduled meeting;if you are Key West Citizen
hearing or voice impaired,call
16d#0003086965' Dated at Key West, Florida,
this 17th day of May,2017.
NOTICE OF INTENTION TO (SEAL)
'CONSIDER
FLORIDA KEYS ADOPTION OF COUNTY
KEYNOTER ORDINANCE KEVIN MADOK,Clerk of the
Circuit Court and ex officio
Published Twice Weekly NOTICE IS HEREBY GIVEN Clerk of the Board of County
TO WHOM IT MAY Commissioners of Monroe
Marathon, Monroe County, Florida CONCERN that on June 21, County,Florida
2017 at 3:00 P.M.,or as soon Published May 24,2017
thereafter as may be heard, Florida Keys Keynoter
PROOF OF PUBLICATION in the Commission
Chambers,Murray E.Nelson
Government Center, 102050
STATE OF FLORIDA Overseas Highway,Mile
Marker 102,Key Largo,
COUNTY OF MONROE Monroe County,Florida, the
Before the undersigned authority personally Board of County
appeared RICHARD TAMBORRINO who on Commissionersof tends
Florida,
t
County,F intends to con-
oath, says that he is PUBLISHER of the sider the adoption of the fol-
FLORIDA KEYS KEYNOTER, a twice weekly lowing County ordinance:
newspaper published in Marathon, in Monroe AN ORDINANCE OF THE
County, Florida: that the attached copy of BOARD OF COUNTY COM-
advertisement was published in said MISSIONERS OF MONROE
newspaper in the issues of: (date(s) of COUNTY,FLORIDA AMEND-
publication) ING SECTION 13-3 OF THE
MONROE COUNTY CODE TO
UPDATE INSURANCE
l 4 1 TERMS AND REQUIRE-
MENTS FOR"USE OF FIRE-
WORKS"PERMIT APPLI-
CANTS;REQUIRING APPLI-
CANT TO PROVIDE A
Affiant further says that the said FLORIDA COMMERICAL GENEERAL LI-
KEYS KEYNOTER is a newspaper published at CB CY WITH
WIT ISEURANTI-
H SET LIMITSS AND
Marathon, in said Monroe County, Florida, and WITH THE COUNTY NAMED
that the said newspaper has heretofore been AS"ADDIITONAL INSURE-
continuously published in said Monroe County, D"; REVISING THE FIRE
Florida, twice each week (on Wednesday and MARSHAL'S"USE OF FIRE-
WORKS"PERMIT APPLICA-
Saturday) and has been entered as a second TION FORMS TO REFLECT
class mail matter at the post office in CORRECT AND CURRENT
Marathon, in Monroe County, Florida, for a INSURANCE TERMS AND
period of one year next preceding the firstIN
LIMITS AND CITING SEC.3-
publication of the attached copy of 13 O THE APPLICATION;
PROVIDING FOR
advertisement. The affiant further says that SEVERABILITY;PROVIDING
he has neither paid nor promised any person, FOR REPEAL OF ALL ORDI-
firm, or corporation any discount, rebate, NANCES INCONSISTENT
HEREWITH; PROVIDING
commission or refund for the purpose of FOR INCORPORATION INTO
securing this advertisement for publication in THE MONROE COUNTY
the said newspaper(s) and that The Florida CODE OF ORDINANCES;
Keys Keynoter is in full compliance with AND PROVIDINGDATE.FOR AN
Chapter 50 f the Florida State Statutes on
Legal Official Advertisements. 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
Richard Tamborrino, Publisher matter considered at such
hearings or meetings,he will
need a record of the proceed-
Sworn to and subscribed before me this ings,and that,for such pur-
pose,he may need to ensure
that a verbatim record of the
Day of , 2017 proceedings is made,which
record includes the testimony
and evidence upon which the
appeal is to be based.
/ /11/ /429q
ry ADA ASSISTANCE: If you
(SEAL) 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
:+?S'1 �: BEVERLYTAgEGERCOMMlSSICN#FF108704 phoning(305)292-4441,be-
tween• MY
the hours of 8:30 a.m.
-%''� t EXPIRES: 5:00 p.m.,no later than five
,Fay F o?;. April 18Underwriters
2018
Bonded Thru Notary Publ c Unde wr ters (5)calendar days prior to the
scheduled meeting;if you
are hearing or voice im-
paired,call"711".
. ,
THE REPORTER i, Ad#00030870,1 ADA ASSISTANCE:If you
are a person with a disability
NOTICE OF INTENTION TO who needs special accom-
Published Weekl CONSIDER modations in order to partici-
y ADOPTION OF COUNTY pate in this proceeding,
Tavernier. Monroe County. Florida ORDINANCE please contact the County
Administrator's Office,by
NOTICE IS HEREBY GIVEN phoning(305)292-4441,be-
PROOF OF PUBLICATION TO WHOM IT MAY tween the hours of 8:30 a.m.
CONCERN that on June 21, -5:00 p.m.,no later than five
2017 at 3:00 P.M.,or as soon (5)calendar days prior to the
thereafter as may be heard, scheduled meeting; if you
STATE OF FLORIDA in the Commission are hearing or voice im-
COUNTY OF MONROE Chambers,Murray E.Nelson paired,call"711".
Government Center,102050
Before the undersigned authority personally Overseas Highway,Mile Dated at Key West,Florida,
appeared RICHARD TAMBORRINO who on Marker 102,Key Largo, this 17th day of May,2017.
Monroe County,Florida, the
oath, says that he is PUBLISHER of THE Board of County (SEAL)
REPORTER, a weekly newspaper published in Commissioners of Monroe
Tavernier, in Monroe County, that the County, Florida,intends to con- KEVIN MADOK,Clerk of the
y. skier the adoption of the fol- Circuit Court and ex officio
attached copy of advertisement was published in lowing County ordinance: Clerk of the Board of County
said newspaper in the issues of: (date(s) of Commissionersof Monroe
Florida
AN ORDINANCE OF THE County, F
publication) BOARD OF COUNTY COM-
MISSIONERS FLORIDAOF MONROE Published May 26,2017
I�/'y/� -/J COUNTY,FL AMEND- The Reporter
ING SECTION 13-3 OF THE
MONROE COUNTY CODE TO
UPDATE INSURANCE
TERMS AND REQUIRE-
MENTS FOR"USE OF FIRE-
WORKS"PERMIT APPLI-
Affiant further says that the said THE CANTS; REQUIRING APPLI-
CANT TO PROVIDE A
REPORTER is a newspaper published at COMMERICAL GENERAL LI-
Tavernier, in said Monroe County, Florida, and ABILITY INSURANCE POLI-
that the said newspaper has heretofore been CY WITH SET LIMITS AND
WITH THE COUNTY NAMED
continuously published in said Monroe County, AS"ADDIITONAL INSURE-
Florida, each week (on Friday) and has been D";REVISING THE FIRE
entered as a second class mail matter at the R E"MUSE OF FIC -
WORKS"
ORKKSS""P PERMMIT APPLICA-
post office in Tavernier. in Monroe County, TION FORMS TO REFLECT
Florida, for a period of one year next preceding CORRECT AND CURRENT
INSURANCE TERMS AND
the first publication of the attached copy of LIMITS AND CITING SEC.3-
advertisement. The affiant further says that he 13 IN THE APPLICATION;
PROVIDING FOR
has neither paid nor promised any person, firm, SEVERABILITY;PROVIDING
or corporation any discount, rebate, commission FOR REPEAL OF ALL ORDI-
or refund for the purpose of securing this NANCES INCONSISTENT
HEREWITH;PROVIDING
advertisement for publication in the said FOR INCORPORATION INTO
newspaper(s) and that The THE REPORTER is THE MONROE COUN TY
in full compliance with Chapter 50 of the Florida CODEN ROOF IDING FOR A
P p AND PROVIDING FOR AN
State Statutes on Legal and Official EFFECTIVE DATE.
AdvertisemS Pursuant to Section 286.0105,
r-
71 :L___
_ Florida Statutes,notice is giv-
en that if a person decides to
l/. appeal any decision made by
the Board with respect to any
Richard Tamborrino, Publisher matter considered at such
hearings or meetings,he will
need a record of the proceed-
Sworn to and subscribed before me this ings,and that,for such pur-
pose,he may need to ensure
ii )/ that a verbatim record of the
Day of % C , 2017 proceedings is made,which
record includes the testimony
and evidence upon which the
appeal is to be based.
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Kevin Madok, CPA
••.' Clerk of the Circuit Court & Comptroller — Monroe County, Florida
June 30, 2017
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 007 -2017 amending Section 13 -3 of the
Monroe County Code to update insurance terms and requirements for "Use of Fireworks"
Ordinance. There were no public speakers.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on June 21, 2017. Should you have any questions,
please feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: MuniCode
County Attorney
Emergency Management
BOCC
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 - 6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
FLORIDA DEPARTMENT OSTATE
RICK SCOTT
Governor
June 30, 2017
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pam Hancock
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. 007 -2017, which was filed in this office on June 30,
2017.
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
Pam Hancock
From: Ords Admin <ords@municode.com>
Sent: Friday, June 30, 2017 3:04 PM
To: Pam Hancock
Subject: Monroe County, FL Code of Ordinances - 2008(14298) ORDBANK
We have received your files.
Thank you and have a great day,
Ords Admin.
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From: Pam Hancock [maiIto:phancock@monroe-clerk.com]
Sent: Friday,June 30, 2017 10:08 AM
To: State of Florida <County0rdinances@dos.mvflorida.com>
Cc: Carol Schreck<boccdis3@monroecounty-fl.gov>; Isabel DeSantis (boccdisl@monroecounty-fl.gov)
<boccdisl@monroecounty-fl.gov>; Kathy Peters (Peters-Katherine@monroecounty-fl.gov) <Peters-
Katherine@monroecounty-fl.gov>; Lindsey Ballard <Ballard-Lindsev@monroecounty-fl.go >; Ords Admin
<ords@municode.com>; Susie Ptomey<boccdis5@monroecounty-fl.gov>;Tamara Lamarche (boccdis4@monroecountV-
fLggv) <boccdis4@monroecounty-fl.gov>;Terri Colonna (boccdis2@monroecounty-fl.gov) <boccdis2@monroecountV-
fLggv>
Subject: MON20170621 2017007
Sender Full Name: Pamela G. Hancock
Sender Phone Number: (305) 295-3130
County Name: Monroe
Ordinance Number: 2017007
Pamela G. Hancock, D.C.
Monroe County Clerk's Office
500 Whitehead Street, Suite 101
Key West FL 33040
(305) 295-3130