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Item R07R.7 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor Sylvia Murphy, District 5 Mayor Pro Tem Danny Kolhage, District 1 TheFloridaKeys Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 5 County Commission Meeting February 20, 2019 Agenda Item Number: R.7 Agenda Item Summary #5141 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado (305) 292-3470 3:00 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance amending Sec. 5-24 of the Monroe County Code relating to parking violations at Key West International Airport. ITEM BACKGROUND: This amendment updates the ordinance to add the arrivals curb, departure curb and any yellow painted curb to the list of no parking areas subject to a parking fine; raises the amount of the parking fine to be consistent with the amount collected in other areas of the county; and since there are no longer metered parking spaces, removes the metered parking space language. PREVIOUS RELEVANT BOCC ACTION: 7/26/2000 Last amended by adoption of Ordinance No. 038-2000. 1/23/2019 (P7) BOCC approved scheduling a public hearing to be held on 2/20/19 in Key West, FL at 3:00 P.M. or as soon thereafter as may be heard. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: STAMPED DRAFT ORDINANCE AMENDING SEC. 5-24(c)(1) and (2), MCC (Second Rev 1 29 19) Ordinance 038-2000 adopted July 26, 2000 Resolution 138-2000 Parking KWIA BOCC 4 19 2000 Notice of Intention to consider adoption of County Ordinance regarding parking violations KWIA BOCC 2 20 19 FINANCIAL IMPACT: Packet Pg. 1976 R.7 Effective Date: Upon approval by the Secretary of State Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: Advertising costs Current Year Portion: N/A Budgeted: Yes Source of Funds: #001-00101 BOCC ADMINISTRATIVE FUND CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A N/A REVIEWED BY: Pedro Mercado Completed 01/24/2019 9:28 AM Bob Shillinger Completed 01/29/2019 6:09 PM Budget and Finance Completed 01/30/2019 8:04 AM Maria Slavik Completed 01/30/2019 8:27 AM Kathy Peters Completed 01/30/2019 8:42 AM Board of County Commissioners Pending 02/20/2019 9:00 AM Packet Pg. 1977 R.7.a ORDINANCE NO. _ __- 2019 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING SECTION 5-24(c)(1) and (c)(2) OF THE MONROE COUNTY CODE; ADDING THE ARRIVALS AND DEPARTURES CURBS, AND ANY YELLOW PAINTED CURB, TO THE LIST OF NO PARKING AREAS SUBJECT TO A PARKING FINE; INCREASING THE PARKING FINE TO AN AMOUNT CONSISTENT WITH THE AMOUNT COLLECTED IN OTHER AREAS OF THE COUNTY; REMOVING THE METERED PARKING SPACE LANGUAGE; 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, on July 26, 2000, the Board of County Commissioners adopted Ordinance No. 038-2000 establishing a non-criminal civil fine of $15 for persons parking vehicles in violation of No Parking or restricted parking areas a the Key West International Airport and established a noncriminal civil fine of $15 for parking past the expiration time parking meters located at the Key west International Airport; and WHEREAS, Arrivals and Departures curbs have since been added at the Key West International Airport, along with other yellow painted curbs, which need to be added to the list of no parking areas subject to a parking fine; and WHEREAS, the fines for parking violations at the Key West International Airport have not increased since the adoption of Ordinance No. 038-2000 on July 26, 2000 and are no longer consistent with similar parking violation fines currently collected in other areas of the County; and WHEREAS, metered parking spaces are no longer provided at the Key West International Airport; and WHEREAS, it is in the best interest of the County to bring the Monroe County Code current as it relates to designated no parking or restricted parking areas at the Key West International Airport and increase parking violation fines consistent with those collected in other areas of the County; Page 1 of 3 Packet Pg. 1978 R.7.a NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: Section 5-24(c)(1) and (c)(2), Monroe County Code shall be amended to read as follows: (Strikethrough denotes existing language to be deleted; Underline denotes language to be added.) (c) Parking violations at Key West International Airport. (1) The noncriminal civil penalty for a violation of section 4.a. of Resolution No. 138-2000, parking in a no-parking area which includes the arrivals curb, the departures curb and any yellow painted curb at Key West International Airport; for a violation of section 5.a. (a) of Resolution No. 138-2000, parking in the area designated for employee parking; or for a violation of section 7.a. (a) of Resolution No. 138-2000, double parking; or for a violation of section 8(a) of Resolution No. 138-2000, parking at an expired parking meter shall be $15.00 29.00. A law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of this section may issue a ticket in the form used by the county or parking violations to the driver or, if the vehicle is unattended, attach the ticket to the vehicle in a conspicuous place. The liability for the payment of the parking ticket shall be pursuant to F.S. § 316.1967. All parking ticket penalties collected pursuant to this section shall be remitted to the county's airport fund and used for any lawful purpose at the Key West International Airport. (2)The noncriminal civil penalty for parking in a metered space past the time designated by the meter shall be $10.00. A law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of this section may issue a ticket in the form used by the county for parking violations to the driver or, if the vehicle is unattended, attach the ticket to the vehicle in a conspicuous place. All parking ticket penalties collected pursuant to this subsection shall be remitted to the county's airport fund and used for any lawful purpose at Key West International Airport. 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. Page 2 of 3 Packet Pg. 1979 R.7.a Attachment: STAMPED DRAFT ORDINANCE AMENDING SEC. 5-24(c)(1) and (2), MCC (Second Rev 1 29 19) \[Revision 2\] (Public hearing for an Packet Pg. 1980 R.7.b Attachment: Ordinance 038-2000 adopted July 26, 2000 (Public hearing for an ordinance amend Sec. 5-24(c)(1) and (2) KWIA parking fines) Packet Pg. 1981 R.7.b Attachment: Ordinance 038-2000 adopted July 26, 2000 (Public hearing for an ordinance amend Sec. 5-24(c)(1) and (2) KWIA parking fines) Packet Pg. 1982 R.7.b Attachment: Ordinance 038-2000 adopted July 26, 2000 (Public hearing for an ordinance amend Sec. 5-24(c)(1) and (2) KWIA parking fines) Packet Pg. 1983 R.7.b Attachment: Ordinance 038-2000 adopted July 26, 2000 (Public hearing for an ordinance amend Sec. 5-24(c)(1) and (2) KWIA parking fines) Packet Pg. 1984 R.7.b Attachment: Ordinance 038-2000 adopted July 26, 2000 (Public hearing for an ordinance amend Sec. 5-24(c)(1) and (2) KWIA parking fines) Packet Pg. 1985 R.7.b Attachment: Ordinance 038-2000 adopted July 26, 2000 (Public hearing for an ordinance amend Sec. 5-24(c)(1) and (2) KWIA parking fines) Packet Pg. 1986 R.7.b Attachment: Ordinance 038-2000 adopted July 26, 2000 (Public hearing for an ordinance amend Sec. 5-24(c)(1) and (2) KWIA parking fines) Packet Pg. 1987 R.7.b Attachment: Ordinance 038-2000 adopted July 26, 2000 (Public hearing for an ordinance amend Sec. 5-24(c)(1) and (2) KWIA parking fines) Packet Pg. 1988 R.7.b Attachment: Ordinance 038-2000 adopted July 26, 2000 (Public hearing for an ordinance amend Sec. 5-24(c)(1) and (2) KWIA parking fines) Packet Pg. 1989 R.7.b Attachment: Ordinance 038-2000 adopted July 26, 2000 (Public hearing for an ordinance amend Sec. 5-24(c)(1) and (2) KWIA parking fines) Packet Pg. 1990 R.7.c Attachment: Resolution 138-2000 Parking KWIA BOCC 4 19 2000 (Public hearing for an ordinance amend Sec. 5-24(c)(1) and (2) KWIA parking Packet Pg. 1991 R.7.c Attachment: Resolution 138-2000 Parking KWIA BOCC 4 19 2000 (Public hearing for an ordinance amend Sec. 5-24(c)(1) and (2) KWIA parking Packet Pg. 1992 R.7.c Attachment: Resolution 138-2000 Parking KWIA BOCC 4 19 2000 (Public hearing for an ordinance amend Sec. 5-24(c)(1) and (2) KWIA parking Packet Pg. 1993 R.7.c Attachment: Resolution 138-2000 Parking KWIA BOCC 4 19 2000 (Public hearing for an ordinance amend Sec. 5-24(c)(1) and (2) KWIA parking Packet Pg. 1994 R.7.c Attachment: Resolution 138-2000 Parking KWIA BOCC 4 19 2000 (Public hearing for an ordinance amend Sec. 5-24(c)(1) and (2) KWIA parking Packet Pg. 1995 R.7.d NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on February 20, 2019at 3:00 P.M., or as soon thereafter as may be heard, in the Harvey Government Center, 1200 Truman Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING SECTION 5-24.(c)(1) and (c)(2) OF THE MONROE COUNTY CODE; ADDING THE ARRIVALS AND DEPARTURES CURBS, AND ANY YELLOW PAINTED CURB, TO THE LIST OF NO PARKING AREAS SUBJECT TO A PARKING FINE; INCREASING THE PARKING FINE TO AN AMOUNT CONSISTENT WITH THE AMOUNT COLLECTED IN OTHER AREAS OF THE COUNTY; REMOVING THE METERED PARKING SPACE LANGUAGE; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 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 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; Live Closed Captioning is available via our web portal @ http://monroecountyfl.iqm2.com for meetings of the Monroe County Board of County Commissioners. rd Dated at Key West, Florida, this 23 day of January, 2019. KEVIN MADOK, Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication dates: KW Citizen (Wed) 1/30/19 Account #141789 (Airports) Keys Weekly (Th) 1/31/19 - Account #4199 (Airports) News Barometer (Fr) 2/1/19 - Account # NB001 (Airports) Attachment: Notice of Intention to consider adoption of County Ordinance regarding parking violations KWIA BOCC 2 20 19 \[Revision 1\] Packet Pg. 1996 R.7.d Attachment: Notice of Intention to consider adoption of County Ordinance regarding parking violations KWIA BOCC 2 20 19 \[Revision 1\] Packet Pg. 1997