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Ordinance 007-2019
• ORDINANCE NO. 007 -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 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; with (c)(2) deleted in its entirety. (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. of Resolution No. 138-2000, parking in the area designated for employee parking; or for a violation of section 7.a. of Resolution No. 138-2000, double parking; shall be $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. 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 be filed with the Department of state and shall be effective as provided in section 125.66(2), Florida Statutes. Page 2 of 3 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of February, 2019. • Mayor Sylvia Murphy Yes Mayor Pro Tern Danny Kolhage Yes Commissioner Michelle Coldiron Yes Commissioner Heather Carruthers Yes r / \ Commissioner David Rice , Yes BOARD OF COUNTY COMMISSIONERS " .'\,-Attest,:.KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA By 67By Deputy Clerk / M or Sylvia M ph ON E COU 'TT RN PROVED F RM vS -C�tiw PEDR J.MERCADO ASSIST Date I!) ' ram: .... - WC • cr--r C-3 C., ;.I Page 3 of 3 "'- '` KI;l'VWE:ST TILL ORZEN RECEIVED The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 FEB 1 P.(305)292-7777 ext.219 F:(305)295-8025 2019 legals©keysnews.corn MONROE COUNTY ATTORNEY MONROE CO DEPARTMENT OF AIRPORTS . 3491 S ROOSEVELT BLVD KEY WEST FL 33040 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY OIit1INANCE ' Account 141789 Ticket: 275889 NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on February 20, 2019 at 3:00 P.M., or as soon thereaf- PUBLISHER'S AFFIDAVIT ter as may be heard,in the Harvey Gov- ernment Center,1200 Truman Avenue, Key West, Monroe County, Florida, STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER the Board of County Commissioners ADOPTION COUNTY ORDINANCE of Monroe County, Florida, intends to COUNTY OF MONROE consider the adoption of the following NOTICE IS HEREBY GIVEN TO WHOM County ordinance: IT MAY CONCERN that on February 20, AN ORDINANCE OF THE BOARD OF Before the undersign d authority personally appeared 2019 at 3:00 P.M.,or as soon thereaf- COUNTY COMMISSIONERS OF MON- �`��11�n ter as be heard,in the Harvey Gov- ROE COUNTY, FLORIDA AMENDING Y Y \ /�,1 ter as mayt Center,1200 Truman Avenue, SECTION 5-24.(c)(1) and (c)(2) OF THE I ' ' IrC U��S who on oath says that he or she is Key West, Monroe County, Florida, MONROE COUNTY CODE;ADDING THE the Board of County Commissioners ARRIVALS AND DEPARTURES CURBS, �//� of Monroe County,Florida, intends to AND ANY YELLOW PAINTED CURB,TO a n C rA () e e of the Key West Citizen, a daily news- consider the adoption of the following THE LIST OF NO PARKING AREAS SUB- County ordinance: JECT TO A PARKING FINE;INCREASING paper published in hey Wes01 Monroe County, Florida;that the attached copy THE PARKING FINE TO AN AMOUNT ANof advertisment, beinga legal notice in the matter of AMENDING SECTION 5-24 CO ORDINANCE SIOF THE BOARD MON-OF CONSISTENTLLE WITH THE AMOUNTFT 9 COUNTY COMMISSIONERS OF COLLECTED IN OTHER AREAS OF THE was published in said newspaper in the issues of: ROE COUNTY, FLORIDA AMENDING COUNTY; REMOVING THE METERED SECTION 5-24.(c)(1) and (c)(2) OF THE PARKING SPACE LANGUAGE; PROVID- MONROE COUNTY CODE;ADDING THE ING FOR REPEAL OF ALL ORDINANCES Wednesday,January 30, 2019 V ARRIVALS AND DEPARTURES CURBS, ' FORINCONS INCORPORATION tSTENT EREINTOIT ;PROVIDING MON- AND ANY YELLOW PAINTED CURB,TO THE LIST OF NO PARKING AREAS SUB- ROE COUNTY CODE OF ORDINANCES; JECT TO A PARKING FINE;INCREASING AND PROVIDING FOR AN EFFECTIVE THE PARKING FINE TO AN AMOUNT DATE. Affiant further says that the Key West Citizen is a newspaper published in Key CONSISTENT WITH THE AMOUNT West, in said Monroe County, Florida and that the said newspapers has hereto- COLLECTED IN OTHER AREAS OF THE Pursuant to Section 286.0105, Florida fore been continuously published in said Monroe County, Florida every day, and COUNTY; REMOVING THE METERED Statutes,notice is given that if a personPARKING SPACE LANGUAGE; PROVID- decides to appeal any decision made by has been entered as periodicals matter at the post office in Key West, in said ING FOR REPEAL OF ALL ORDINANCES the Board with respect to any matter meet- Monroe County, Florida, foraperiod of 1year next precedingthe firstpublication INCONSISTENT HEREWITH;PROVIDING considered will such hearings the roY ings,he need a record of pro- FOR N- of the attached copy of advertisement; and affiant further says that he or she has ROE INCORPORATIONCOUNTY CE OF RD ORDINANCES; ceedings, and that, for such purpose, verba- neitherpaid norpromised anyperson,firm or corporation anydiscount, rebate, AND PROVIDING FOR AN EFFECTIVE timh may needf to ensuremce that a P record of the proceedings is made, commission or refund for the purpose of securing this advertisement for publica- DATE. which record includes the testimony and tion in the said newspa.- Pursuant to Section 286.0105, Florida b evdence upon which the appeal is to Statutes,notice is given that if a person to be based. ' / decides to appeal any decision made by ADA ASSISTANCE:If you are a person Alliki the Board with respect to any matter with a disability who needs special (Sig.-turf •fflant)� considered at such hearings or meet- accommodations in order to partici- ings,he will need a record of the pro pate in this proceeding,please contact ceedings, and that, for such purpose, the County Administrator's Office, by Affi nd scri ="ore me this 29th day of January 2019 he may need to ensure that a verba- phoning (305)292-4441, between the �_�1///� �/ ' tim record of t Pe proceedings sti ony er the of v8e(a.m. -5:ar00 lat- er which record includes the testimony er than five(5)calendar daysprior to and evidence upon which the appeal is the scheduled meeting;if you are hear- ( \sssuit'"��� to be based. ( ._.r:•1loblic Sig1 - f ` .It.ti , ADA ASSISTANCE:If you are a person ing or voice impaired, call"711".Live ��-:i �= with a disability who needs special Closed Captioning is available via our /� �� , `` — web portal ( http.;l/monroecountyfl. accommodations in order to partici- Nota Pu• is Printed Name) Nota+ r pate in this proceeding,please contact igm2.com for meetings of the Mon- ((Notary ( A �s`s the CountyAdministrator's Office, byroe County Board of County Commis- phoning (305)292-4441, between the My commission expires (�7vC � ff x O hours of 8:30 a.m.-5:00 p.m., no lat- Dated at Key West, Florida,this 23rd a T1 CT = er than five(5)calendar days prior to m yCD the scheduled meeting;if you are hear- day of January,2019. ing or voice impaired, call"711". Live KEVIN MADOK, Clerk of Personally Known X Produced Identification_ V cn = Closed Captioning is available via our the Circuit Court and ex officio Clerk of 2 ` p = web portal 0 http://monroecountyfl. the Board of County Commissioners of C .Z' iqm2.com for meetings of the Mon- Monroe County,Florida Type of Identification Produced = N roe County Board of County Commis- 01/30/19 Key West Citizen ag sioners. v co Dated at Key West, Florida,this 23rd or Q rove.1t3day of January,2019. � N A CD ` KEVIN MADOK, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida 01/30/19 Key West Citizen PUBLIC HEARING NOTICE OF INTENTION TO E E K L CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO YYY.KSYwSKKLY.COY WHOM IT MAY CONCERN that on February 20,2019,at 3:00 P.M.,or as soon thereafter as may be heard,in the Harveyr-r: RECEIVED Published Weekly Government Center,1200 Truman Avenue,Key West, Marathon, Monroe County, Florida Monroe County,Florida,the Board of County Commissioners FEB -5 2019 of Monroe County,Florida, intr the PROOF OF PUBLICATION adoptids on to ftcohef following ado lion of the followin County ordinance: MONROE COUNTY ii'fT1D12NEY ANCE OF THE STATE OF FLORIDA BOARD OF BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY OF MONROE COUNTY,FLORIDA AMENDING SECTION 5-24.(c)(1)and(c) Before the undersigned authority CODE;ADDINGTHEARRIVALS personally appeared JASON KOLER who UP%PAINTED on oath, says that he is PUBLISHER of PARKINGTAREASS Bl COTTO the WEEKLY NEWSPAPERS, a weekly THEPARK NGFIN TOAN ING newspaper published in Marathon, in THEAMOUNTCOLL CTEDTH Monroe County, Florida: that the COUNTYR EMOV NGTHE METERED PARKING SPACE attached copy of advertisement was LANGUAGE;PROVIDING FOR REPEAL OF ALL published in said newspaper in the ORDINANCESINCONSISTENT HEREWITH;PROVIDING issues of: (date(s) of publication) FOR INCORPORATION INTO THE MONROE COUNTY `' //�/�; CODE OF ORDINANCES; n� AND a (�ry 31� l� 9 EFFECT VEIDATE.FORAN Pursuant to Section 286.0105, Florida Statutes,notice is given that if a person decides to appeal any decision made Affiant further says that the said WEEKLY by the Board with respect to any matter considered at NEWSPAPERS is a newspaper published such hearings ormeetings, he will need a record of the at Marathon, in said Monroe County, proceedings,and that,for such purpose,he may need to ensure Florida,and that the said newspaper has that a verbatim record of the proceedings is made,which heretofore been continuouslypublished record includes the testimony and evidence upon which the In said Monroe County, Florida, once appeal is to be based. each week (on Thursday) and has been ADA person ithadiE:Ifyouarea person with a disability who qualified as a second class mail matter at in ordepecialaccomeinthions prin order to participate in this act the the post office in Marathon, In Monroe County nistplearacontOffce, County Administrator's Office,by County, Florida, forperiod of oneyear Phoning of8:392-4441,between thehoursof8:30a.m.-S:OOp.m., next precedingthe firstpublication of dao ysprthanfesch duledar days prior to the scheduled meeting;if you are hearingg or the attached copy of advertisement.The voice impaired,call•711•.Live affiant further says that he has neither Closed Captioning is available via our web portal @ http:// paid nor promised any person, firm, or monroecountyfl.iam2.comfor meetings of the Monroe County corporation any discount, rebate, Board of County Commissioners. commission or refund for the of Dated at Key West,Florida,this purpose . 23ed day of January,2019. securing this advertisement for KEVINMADOK,Clerkofthe publication in the said newspaper(s)and circuit Court and ex officio Clerk of the Board that The WeeklyNewspapers is in full Commity Commissioners of Monroe compliance with Chapter 50 of the county,Florida • Publish:January 31,2019 Florida State Statutes on Legal and The Weekly Newspapers Official Advertisements. or to and s bscribed before me is ay of�, 2019. td CHARLOTTE HRUSKA (SEAL) = MY COMMISSION#GG221835 EXPIRES:September 1,2022 oF.... Bonded Thu Notary Public Underwriters Notary A w Marathon•Sunshine KeyBig Pine KeyNo Name KeyLittle.Middle&Big Torch Key•Ramrod Key•Summeriand Key•Cudjoe KeySugarlon ON ' Yr 0*. 1 _ 11111) r } 30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33043 Phone: 305-872-0106 Fax: 305-515-2939 RECEIVED AFFIDAVIT OF PUBLICATION FEB 2 2 2019 STATE OF FLORIDA COUNTY OF MONROE MONROE COUNTY ATTORNEY Before the undersigned authority personally appeared Steve Estes, who on oath says that he is the Publisher for the News-Barometer, a weekly newspaper published each Friday in Big Pine Key, Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of: LEGAL NOTICE: NOTICE OF INTENT KWIA PARKING: KEY WEST INTERNATIONAL AIRPORT, 3491 S. ROOSEVELT BLVD., KEY WEST, FL. 33040 was published in said newspaper in the issue(s) of: February 1, 2019 Affiant further says that the News-Barometer is a weekly newspaper published in Big Pine Key, in said Monroe County, Florida and that said newspaper has heretofore been continuously published in said Monroe County, Florida each week and has been entered as first-class mail matter at the post office in Big Pine Key, in said Monroe County, Florida, for a period of 1 year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur- pose of securing this advertisement for publication in said newspaper. -Signature of Affiant Swor and subscribed before me this 14th day of Februar , 019 Signature of Notary Printed Name of Notary Expires l /`-r t"j 6 Personally Known Produced Identification Type of Identification Produced VANESSA HEDRICK MY COMMISSION a GG24158 %IMF EXPIRES:October 06.2020 News Barometer February 1,2019 LEGAL NOTICES NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on February 20,2019 at 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 (e)(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; ifyou are hearing or voice impaired,call"711". Live Closed Captioning is available via our web portal http://tuonroecountyfl.igm2.com for meetings of the Monroe County Board of County Commissioners. Dated at Key West,Florida,this 23"d 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 March 6, 2019 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. 007-2019 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 an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on February 20, 2019. Should you have any questions, please feel free to contact me at (305) 292-3550. 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: County Attorney Finance Airport BOCC File 4, V'i waa� FLORIDA DEPARTMENT 0 TA'TE � N RON DESANTIS LAUREL M. LEE Governor Secretary of State March 6, 2019 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela Hancock Dear Mr. Madok Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 007-2019, which was filed in this office on March 6, 2019. 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.ft.us