Item H3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 19, 2013 Division: Growth Management
Bulk Item: Yes _ No X Department: Code Compliance
Staff Contact Person/Phone #: Ronda Norman X2520
AGENDA ITEM WORDING: A Discussion and Direction to consider adoption of a proposed
County Ordinance amending Section 17-2 and Section 17-6, of the Monroe County Code to clarify
prohibitions regarding the parking and storage of vehicles; watercraft; and/or wrecked, inoperative or
partially dismantled vehicles and watercraft on County roads, rights -of -ways, on private property and
in residential districts throughout Monroe County.
ITEM BACKGROUND: On August 18, 2010 the BOCC approved Ordinance No. 25-2010, which
added sub -sections to Monroe County Code Section 25-35 providing for enforcement and penalties of
traffic and vehicle violations on Monroe County roads and rights of ways by a law enforcement officer
or a parking enforcement specialist. The sub -sections also addressed storage of vehicles, watercraft and
vessels on private property which is not enforceable by law enforcement officers.
On January 16, 2013 the BOCC approved Ordinance No. 006-2013, which amended Section 17-2,
Section 25-35 and created Section 17-6 of the Monroe County Code to further clarify prohibition and
enforcement of the parking and storage of vehicles; watercraft; and/or wrecked, inoperative or partially
dismantled vehicles and watercraft on County roads, rights of ways, on private property and in
residential districts throughout Monroe County.
The proposed Ordinance clarifies which vehicles; watercraft; vessels; and/or wrecked, inoperative or
partially dismantled vehicles and watercraft are prohibited or permitted on County roadbeds, rights of
ways and/or private property in residential land use districts.
PREVIOUS RELEVANT BOCC ACTION: On August 18, 2010 the BOCC approved Ordinance
025-2012. On January 16, 2013, the BOCC approved Ordinance 006-2013.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST:
BUDGETED: Yes No _
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x
Not Required
DISPOSITION: AGENDA ITEM #
C
UNTYSonNROE
KEY WESTDA 33040
(305)294-4641
Robert B. Shillinger, County Attorney"
Pedro J. Mercado, Assistant County Attorney **
Susan M. Grimsley, Assistant County Attorney**
Natileene W. Cassel, Assistant County Attorney**
Cynthia L. Hall, Assistant County Attorney ** I&
Christine Limbert-Barrows, Assistant County Attorney **
Derek V. Howard, Assistant County Attorney
Lisa Granger, Assistant County Attorney
Steven T. Williams, Assistant County Attorney
** Board Certified in City, County & Local Govt. Law
To: Robert B. Shillinger, County Attorney
From: Lisa Granger, Assistant County Attorney
Date: March 25, 2013
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tern, Heather Carruthers, District 3
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
Office of the County Attorney
1111 12`4 Street, Suite 408
Key West, FL 33040
(305) 292-3470 — Phone
(305) 292-3516 — Fax
RE: Proposed Ordinance amending MCC Chapters 17 Section 17-2 and Section
17-6
QUESTION PRESENTED:
Does the County have the authority to regulate parking and storage of vehicles,
vessels, watercraft and/or abandoned and/or inoperative vehicles, watercraft or vessels
on the County roads, rights of way or private property?
ANSWER:
Yes.
Pursuant to Chapter 316.006(c) of the Florida Statutes the County has original
jurisdiction over all streets and highways located within its boundaries.
Under Chapter 316.008(1)(a) of the Florida Statutes the County has the power to
exercise its police power to regulate or prohibit stopping, standing, or parking on streets
or highways under their jurisdiction.
The proposed Ordinance is a valid exercise of the County's police power to
maintain safe streets, rights of ways and residential land use districts. See Kuvin v. City
of Coral Gables, 62 So. 3d 625, 2010.
BACKGROUND:
On August 18, 2010 the BOCC approved Ordinance 25-2010, which added sub-
sections to Monroe County Code Section 25-35 for the enforcement and penalties for
traffic and vehicles on Monroe County roads and rights of ways to be enforced by a law
enforcement officer or a parking enforcement specialist. The subsections also addressed
storage of vehicles, watercraft and vessels on private property which is not enforceable
by law enforcement officers.
On January 16, 2013 the BOCC approved Ordinance 006-2013, which amended
Section 17-2 and Section 25-35 and created Section 17-6 of the Monroe County Code to
further clarify prohibition and enforcement regarding the parking and storage of
vehicles and watercraft and/or wrecked, inoperative or partially dismantled vehicles and
watercraft on County roads, and rights of ways, on private property and in residential
districts throughout Monroe County.
The proposed Ordinance clarifies which vehicles, watercraft, vessels and/or
wrecked, inoperative or partially dismantled vehicles and watercraft are prohibited or
permitted on County roadbeds, rights of ways and/or private property in residential
land use districts.
CONCLUSION:
A lot of time and effort went into the drafting of both the graph and the proposed
Ordinance. The graph and proposed Ordinance require BOCC and public discussion and
direction from the BOCC. The proposed Ordinance is legally sufficient.
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2013
10
11 AN ORDINANCE OF THE BOARD OF COUNTY
12 COMMISSIONERS OF MONROE COUNTY AMENDING
13 SECTIONS 17-2 and 17-6 PARKING AND STORAGE OF
14 VEHICLES AND WATERCRAFT ON PRIVATE PROPERTY
15 AND PUBLIC RIGHT-OF-WAY; PROVIDING FOR
16 SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
17 ORDINANCES INCONSISTENT HEREWITH; PROVIDING
18 FOR FILING WITH THE DEPARTMENT OF STATE; AND
19 PROVIDING AN EFFECTIVE DATE.
20
21
22 WHEREAS, it is the intent of the Monroe County Code to protect the public health and
23 safety of the citizens and visitors to Monroe County; and
24
25 WHEREAS, it is necessary to maintain the public rights of way free of obstructions so as
26 not to impede the flow of vehicular, bicycle or pedestrian traffic; and
27
28 WHEREAS, aesthetics are an important factor in ensuring the economic vitality of an area
29 and that the separation of the commercial zones from residential neighborhoods not only affects the health
30 and hazards of the community, it impacts the welfare of the community and the value of property within
31 its borders; and
32
33 WHEREAS, prohibiting campers or other vehicles designed or adaptable for human
34 habitation from being stored or parked upon public or private property unless confined in a garage is
35 reasonable and necessary to protect the public health, safety and welfare of Monroe County citizens; and
36
37 WHEREAS, it is the desire of the community to preserve the residential atmosphere of the
38 residential areas of the County; and
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40 WHEREAS, protecting the residential neighborhoods against the lingering presence of
41 commercial vehicles is necessary to maintain the purpose of residential land use districts for residential
42 uses.
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44
45 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
46 MONROE COUNTY, FLORIDA:
47
48 [Proposed Text Changes are presented in strikethrough to indicate deletions and underline to
49 indicate additions.)
50
51 SECTION 1. Section 17-2 of the Monroe County Code is hereby amended to read as follows:
52
53 Sec. 17-2. - Inoperative vehicles and watercraft.
54
55 (a) Within all land use districts except Industrial (I) districts, all vehicles that are inoperative aver
56 unkeer oa for- a peried ef to days shall be prohibited on any publie right of way e on private property
57 unless screened completely from view from street or any other
58 residential structure, must meet setbacks of land use district where located or contained in an enclosed
59 area/garage.
60 (b) Within all land use districts except Industrial (I) districts all vehicles that are unlicensed for a period
61 of ten days shall be prohibited on private property unless screened completely from view from street or
62 any other residential structure, must meet setbacks of land use district where located or contained in an
63 enclosed area/garage.
64 Lc) Within all land use districts except Industrial (I) districts, all watercraft that are wrecked, inoperative,
65 partially dismantled and/or decayed and/or abandoned or stored on a boat trailer that is not ready for
66 highway use for a period of 30 days, shall be prohibited on any waterway, shore, private or public property
67 unless screened completely from view from street or any other residential structure must meet setbacks of
68 land use district where located or contained in a completely enclosed building.
69
70
71 SECTION 2. Section 17-6 of the Monroe County Code is hereby amended to read as follows:
72
73 Sec. 17-6. - Parking and storage of tracks, *milers and triwel trailers vehicles and watercraft within any
74 residential land use district.
75
76 (a) Prohibited: Within any residential district, no tFueks, trailers, tFavel trailers, or- buses of
one ten e.r-
77 , as defined in F. S. § 320.0 1, in exeess of 42 feet in
78 length and in emeess of 8.5 feet in width shall be parked or- stored on private pr-opet:Pf exeept vvi�in-a
79 ,
landseaping or- land elear-ing equipment may epAy be parked or-
80 stefed on the same lot for- whirah it is aefively being used to eenduet the seepe of work related to a valid
81 active permit o~ eon#aet for- se- the parking and/or storage of vehicles and watercraft shall be
82 prohibited as follows. For the purposes of this section a residential district shall be any zoning district in
83 which residential use is allowed.
84
TYPE OF VEHICLE*
PROHIBITED
Trucks (5000 lbs. or less)
Parking
and storage prohibited in right-of-way within road
bed
Trucks (5000 lbs. or less)
Storage
prohibited in right-of-way outside of road bed
Heavy trucks (5001 lbs. to 8000 lbs.).)
Parking
and storage prohibited in right-of-way within road
bed
2
Heavy trucks (5001 lbs. to 8000 lbs.
Heavy trucks (8001 lbs.). Or greater with cabinet box
platform, rack or other equipment for purposes of carryinl
goods other than personal effects of passengers)
Heavy trucks (8001 lbs.). Or greater with cabinet box
platform, rack, or other equipment for purposes of carrying
goods other than personal effects of passengers)
Heayy trucks (8001 lbs.. Or greater with cabinet box
platform rack or other equipment for pMoses of carryim
goods other than personal effects of passengers)
Class 6 (medium duty) vehicle
Class 6 (medium duty) vehicle
Class 6 (medium duty) vehicle
Class 7 or 8 (Heavy Duty) Vehicle
Class 7 or 8 (Heavy Duty) Vehicle
Tractor trailer
Tractor trailer
Trailer
Trailer
Buses/Limos (greater than 10 persons for transport)(320.01
Buses/Limos (greater than 10 persons for transport)(320.01
For Hire Vehicle (less than 10 persons for transport)
Recreational Vehicles areater than 42' x 8.5' as defined in
F.S. 316.515
Recreational Vehicles greater than 42' x 8.5' as defined in
F.S. 316.515
Recreation Vehicles, Campers, Cargo Vans less than 42' x
8.5' as defined in F.S. 320.01
Recreation Vehicles, Campers, Cargo Vans less than 42' x
8.5' as defined in F.S. 320.01
Recreation Vehicles, Campers, Cargo Vans less than 42' x
8.5' as defined in F.S. 320.01
Storage prohibited in right-of-way outside of road bed
Parking and storage prohibited in right -of -Way within road
bed
Storage prohibited in right-of-way outside of road bed
Prohibited on private properly unless screened completely
from view from street or any other residential structure must
meet setbacks of land use district where located or contained
in an enclosed area/garage.
Parking and storage prohibited in right-of-way within road
bed
Storage prohibited in right-of-way outside of road bed
Prohibited on private property unless screened completely
from view from street or any other residential structure must
meet setbacks of land use district where located or contained
in an enclosed area/garage.
Parking and storage prohibited on right-of-way within and
outside road bed
Prohibited on private property unless screened completely
from view from street or any other residential structure must
meet setbacks of land use district where located or contained
in an enclosed area/garage.
Parking and storage prohibited on right-of-way within and
outside road bed
Parking and storage prohibited on private property within all
land use districts except (I) Industrial.
Parking and storage prohibited in right-of-way within road
bed
Storage prohibited in right -of -)Kay outside of road bed
Parking and storage prohibited on right-of-way within and
outside road bed
Parking and storage prohibited on private property within all
land use districts except (I) Industrial.
Parking and storage prohibited on right-of-way within and
outside road bed
Parking and storage prohibited on right-of-way within and
outside road bed
Prohibited on private property unless not visible from street
or from any other residential structure or contained in an
enclosed area/garage. HABITATION PROHIBITED.
Parking and storage rohibited in right-of-way within road
bed
Storage prohibited in right-of-way outside of road bed
Only one recreational vehicle -type unit as defined in F.S.
320.01 shall be permitted on any one residential or mobile
home lot and unit must be registered in the name of the
property owner or tenant. Habitation prohibited.
Watercraft that are wrecked, inoperative, partially
Parking and storage prohibited on right-of-way within and
dismantled and/or decayed and/or abandoned or stored on a
outside road bed
boat trailer that is not ready for highway use for a period of
30 da s
Watercraft that are wrecked, inoperative, partially
Prohibited on private property unless screened completely
dismantled and/or decayed and/or abandoned or stored on a
from view from street or any other residential structure, must
boat trailer that is not ready for highway use for a period of
meet setbacks of land use district where located or contained
30 da s
in an enclosed area/garage.
Inoperative Vehicles
Parking and storage prohibited on right-of-way within and
outside road bed
Inoperative Vehicles
Prohibited on private property unless screened completely
from view from street or any other residential structure, must
meet setbacks of land use district where located or contained
in an enclosed area/ ara e.
Vehicles unlicensed for a period of ten (1 O) dgys
Parking and storage prohibited on right-of-way within and
outside road bed
Vehicles unlicensed for a period of ten (10) days
Prohibited on private property unless screened completely
from view from street or any other residential structure must
meet setbacks of land use district where located or contained
in an enclosed area/ ara e.
All other watercraft and vehicles
Parking and storage prohibited in right-of-way within road
bed
All other watercraft and vehicles
Storage prohibited in right-of-way outside of road bed
*Note - Definitions from F.S. and United States
Department of Transportation Federal Highway
Administration (FHWA)
85 (b) Permissible (or "allowed"): All other- —an *rare-s ineludingall pleastffe beat * i
86 , or- eellapsible camping tfailer-s may be parked er- stored on private property
87 in array district ptffsuant to the following eona'*' All permissible parking and storage on private
88 property in any district shall still comply with the following conditions this chapter, and part II of this
89 Code and shall be subject to code compliance.
90 (1) All vehicles parked in accordance with this Miele chapter shall be parked taking into account the
91 setback requirements as is set forth in part H of this Code.
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93 (2) All ree:eatie nal vehi le "e units that vehicles parked or stored as per the provisions of this �ie-le
lAl Y V111V1V �.
94 chapter shall not be used as a place of habitation.
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96 (3) All vehicles as referred to in this section may only be parked on the same lot or contiguous lot with
97 and after the principal structure is erected.
98
99 (4) All recreational vehicles, campers and cargo vans parked or stored in accordance with this article must
100 be registered in the name of the owner or the tenant of the property where they are parked.
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(5) Only one recreational vehicle -type unit as defined in F.S. § 320.01, shall be permitted on any one
residential or mobile home lot for storage purposes as provided in this section
(6) All equipment including construction landscaping or land clearing equipment and vehicles may only
be parked or stored on the same lot for which it is actively being used to conduct the scope of work related
to a valid active permit or contract for services.
(7) All vehicles and equipment, including those identified with a business logo services offered or
business identifiers shall be stored or parked taking into account the requirements set forth in the land use
district in which they are being parked or stored.
Section 3. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or
nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph,
subdivision, clause, sentence, or provision immediately involved in the controversy in which such
judgment or decree shall be rendered.
Section 4. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision of any
appropriate federal, state, or county law, rule code or regulation, the more restrictive shall apply.
Section 5. Filing.
This Ordinance shall be filed with the Department of State and shall be effective as provided in Chapter
125.66(2) Florida Statutes.
Section 6. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the
County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered
to conform to the uniform marking system of the Code.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above. This ordinance applies to any
permit, and or other development approval application submitted after the effective date.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the day of , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia J. Murphy
Commissioner David Rice
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(SEAL)
Attest: Amy Heavilin, Clerk
LIZZ
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor George Neugent
I
•
Section 17 MCC Examples
Class 1 Example —
Light duty Toyota Tacoma
Class 2 Example —
Ford Excursion 4x4 GVWR: 8600
Class 3 Example —
Ford F-350
Section 17 MCC Examples
Class 4 Example —
Ford F-450 4x4 pick up truck GVWR: 14,500
Class 5 Example —
Chevy Kodiak 4x4 GVWR: 17,500
Class 6 Examples — Ford F-650 in front. Ford F-600 in
back.F-650 GVWR:26,000. F-600 GVWR:20,200
Section 17 MCC Examples
Class 7 Example —
Peterbuilt 330 Dump Truck
Class 8 Example —
Ken worth Dump Truck
GVWR= Gross Vehicle Weight Rating
Mayor Murphy
ORDNANCE NO. 025 — 2010
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA AMENDING MONROE COUNTY CODE
CHAPTERS 19 AND 25; PROVIDING CLARIFICATION OF PROHIBITED
USES OF RIGHTS -OF -WAY; PROVIDING FOR LIMITATION ON
ATTEMPTS TO CIRCUMVENT THE APPEALS PROCESS BY EXCLUDING
THE SUBMISSION OF NEW APPLICATIONS OR REQUESTS FOR
CLARIFICATION TO START THE APPEAL TIME PERIOD RUNNING
ANEW; PROVIDING PENALTIES; PROVIDING ADDITIONAL
ENFORCEMENT MEASURES AND PROCEDURES; PROVIDING FOR
INCREASED FEES FOR PERMITS; PROVIDING FOR SEVERABHJTY;
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, the Monroe County Code Ch. 19 currently requires permits for construction
or improvements in existing rights -of -way and all roads and streets dedicated to the County in
order to preserve the functionality of the rights -of -way, to maintain smooth traffic flow, and to
apply safety standards; and
WHEREAS, Section 316.025(l), Florida Statutes (F.S.), currently prohibits the
obstruction of the normal use of a public street or road by impeding traffic thereon; and
WHEREAS, members of the public have complained about children playing on their
streets, especially where semi -permanent structures such as basketball hoops have been placed
within the right-of-way on or off the pavement, and refusing to move when motor vehicles pull
into the streets, thereby endangering both themselves and the persons in the vehicles; and
WHEREAS, an old County Engineer opinion regarding obstructions in the right-of-way
is debatably inconsistent with existing Code provisions and it is deemed in the interest of public
safety and welfare that the County Code be revised to clarify permissible uses and effectively
repeal the old opinion; and
WHEREAS, it has been deemed to be a matter of public welfare to create a separate
ordinance reinforcing the state statutes regarding obstruction of traffic and pedestrian traffic
violations for enforcement by the State Attorney, County Sheriff and the Courts, to which this
ordinance is a companion; and
WHEREAS, certain sections in Chapter 19 and 25 incorrectly refer to the public works
department and public works director since the engineering department and engineering director
handles right-of-way permits and such reference should be changed to reflect the division that is
responsible for right-of-way permitting;
co.any. ors amens. Ck 19 and 25 Page 1 of 12
As approved BOCC 9/19110
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Section 19-31, Monroe County Code, shall be amended to read:
See.19-31. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Arterial road means a road carrying a higher volume of traffic than a local or collector
road, that is used primarily for traffic traveling a considerable distance and as otherwise defined
in F.S. § 334.03(1). An arterial road is generally continuous and is used as a main traffic artery.
Collector road means a road that caries traffic from local roads to major thoroughfares
and includes the principal entrance roads of a residential subdivision and as otherwise defined in
F.S. § 334.03(4).
County road system means the same as that term is defined in F.S. § 336.01 and F.S. §
334.03(S).
Governmental or subgovernmental agencies means the state and its various agencies and
departments, the United States of America and its various agencies and departments, political
subdivisions of the state, including counties, incorporated municipalities of the state, drainage
districts, and such taxing districts and special agencies and bodies as are created by county
ordinances, state statute or by special act of the legislature, and as otherwise defined in F.S. §
334.03(12).
Local road means a road designed and maintained primarily to provide access to abutting
property, and as otherwise defined in F.S. § 334.03(15). A local road is of limited continuity and
not for through traffic.
Permit means the written permission of the board of county commissioners through the
office of the county engineering director to enter onto the public rights -of -way within the county
road system to perform the construction or installation as specified in that instrument.
Permittee means any individual, firm, association, syndicate, copartnership, corporation,
trust or any other legal unit commencing proceedings under this article or obtaining a permit as
provided herein to effect construction within the public rights -of -way of the county.
Public or private utility includes any pipeline, gas, electric, heat, water, oil, sewer,
telephone, telegraph, radio, cable television, transportation, communication or other system by
whomsoever owned and operated for public use, including, but not limited to, the Florida Keys
Aqueduct Authority, BellSouth, Keys Energy System, The Florida Keys Electric Cooperative
Association, Inc. and/or their successors, affiliates, subsidiaries or assigns.
Co -Any. Ord Amend. Ch. 19 and 25 Page 2 of 12
As approved HOCC 8/19/10
Public rights -of -way means land that is dedicated or deeded to (or is now used or will be
used by) the county as a road, street, alley, walkway, drainage facility, access for ingress and
egress, or for other purposes, including those rights -of -way within municipalities that by virtue
of bilateral agreements between the municipality and the county are subject to the jurisdiction
and control of the county engineering department; and those state secondary roads for which
maintenance has been assigned to and accepted by the county. Until such time as the board of
county commissioners accepts ownership and responsibility for the maintenance of a right-of-
way, it shall not be considered part of the public rights -of -way for the purposes of this article
except in cases where the title to such right-of-way was vested in the county prior to June 11,
1963.
Public works manual means the current edition of the "Monroe County Public Works
Manual, Parts 1 and 2."
Road means the same as that term is defined in F.S. § 334.03(23).
SECTION 2. Section 19-33, Monroe County Code, shall be amended to read:
Sec.19-33. Permit required.
County public right-of-way use permits shall be required for all roads and streets to be
constructed or improved in existing rights -of -way; and all roads and streets that are to be
dedicated to the county; all construction or installation or maintenance of any public or private
utility as provided for in section 19-36; and any structure, driveway, culvert, pavement, or object
in the right-of-way or easement, other than those constructed or maintained by the county, within
rights -of -way of the county road system as defined in F.S. § 334.03. Construction or installation
within county -owned canals and county -owned waterways will likewise require a permit. A
permit from the Florida Department of Transportation is required for the construction of
accessways to or construction within the rights -of -way of any part of the state highway system as
defined in F.S. § 334.03. A permit cannot be obtained for boulders or landscaping within the
County public right-of-way.
SECTION 3. Section 19-35, Monroe County Code, shall be amended to read:
See.19-35. Permit review by the county engineering director.
The board of county commissioners hereby authorizes and empowers the engineering director or
his duly authorized representative to receive and review permit applications, collect fees, and
issue permits in a timely manner allowing the permittee to enter onto the public rights -of -way
within the county road system to perform specified construction or installation. No work may be
performed in county rights -of -way or easements, except as noted in sections 19-34, 19-36, and
19-45 until plans have been submitted in conformance with section 19-38 and a county public
right -of --way use permit has been issued by the engineering director.
co.nuy. ota nmena. QL 19 and 25 Page 3 of 12
,as awovoa socc s/is/io
SECTION 4. Section 19-38(a), Monroe County Code, shall be amended to read:
(a) All applications for county public right-of-way use permits, accompanied by the
appropriate fee, and including four sketches, plans or drawings of the proposed construction or
alteration, shall be submitted to the county engineering director. All construction within county
public rights -of -way shall conform to and meet the technical standards and specifications of the
county as contained in the document entitled, "Public Works Manual: Standard Specification and
Details," and/or land development regulations, as applicable. Application for access to or
construction within state road rights -of -way shall be submitted to the Florida Department of
Transportation.
SECTION S. Section 19-38(bx3), Monroe County Code, shall be amended to read:
(3) A general description of the proposed project, its purpose and intended use, including a
description of the nature and type of construction; composition, etc.; date when the
activity is proposed to commence and approximate date when the proposed activity will
be completed, including legal description, or street address and approximate nearest mile
marker and key; and an explanation or detailing of any additional information reasonably
required by the engineering director, including, as applicable, survey drawings, aerial
photographs, topographic maps, soil percolation test, etc.; and
SECTION 6. Section 19-39, Monroe County Code, shall be amended to read:
(a) Unless specifically waived by the board of county commissioners, or the county
engineering director, the permit shall not be effective for any purpose whatsoever until
the applicant, or his designated representative, delivers to the county engineering director
a certificate of general liability insurance and automobile liability insurance with
combined single limits of liability of no less than $300,000.00 for bodily injury and
property damage coverage equal to or in excess of the following limits: $300,000.00
combined single limit for property damage and/or bodily injury. The certificate of
insurance shall name the county as an additional insured, shall be effective for all periods
of work covered by this use permit, and shall be in a form acceptable to the county
engineering director. A statement of insurance from a self -insured entity may be accepted
as a substitute.
(b) An executed right-of-way bond or other form of surety acceptable to the
engineering director may, at the discretion of the engineering director, be required in an
amount equal to 110 percent of the estimated cost of construction. Such bond shall be in
effect for a period of not less than 30 days and not more than 90 days after final
inspection and acceptance of work by the engineering department. A letter guaranteeing
performance of work may be deemed acceptable in lieu of a bond. All restoration shall
leave the right-of-way or easement in a condition that is as good as or better than that
which existed prior to construction.
Co.Atty. Ord Amend. Ch. 19 and 25 Page 4 of 12
As approved HOCC 9/18/10
SECTION 7. Section 1940(f), Monroe County Code, shall be amended to read:
(f) All permitted work will be subject to inspection by the county engineering
department.
SECTION S. Section 1941(b), Monroe County Code, shall be amended to read:
(b) Access driveways onto rights -of -way shall be limited to the least possible number
required to adequately serve the intended use and shall conform to all applicable traffic
safety standards. Prior to installation within county rights -of -way, the application shall
be reviewed by the engineering director regarding any effects on sidewalks, ditches,
swales, curbs or other facilities located within rights -of -way or easements. Once a
permit is issued, all construction and improvements shall be subject to inspection by the
engineering department.
SECTION 9. Section 1943(a), Monroe County Code, shall be amended to read:
(a) The board of county commissioners hereby establishes reasonable application and
permit fees to be charged by the engineering department for activities permitted
hereunder.
SECTION 10. Section 19-43(b)(1), Monroe County Code, shall be amended to read:
(1) Where the construction performed is for the benefit of a governmental or
subgovernmental agency and applicable fees are specifically waived on an individual
project -by -project basis by the director of engineering;
SECTION 11. Section 19-43(b)(2), Monroe County Code, shall be amended to read:
(2) Where the permittee is under contract to deliver the constructed project over to a
governmental agency upon completion of the project and the director of engineering
has waived applicable fees for such project consistent with subsection (bxl) of this
section;
SECTION 12. Section 19-43(c), Monroe County Code, shall be amended to read:
(c) The permit fees designated hereinafter shall be payable upon issuance of the
construction permit in an amount determined by the engineering director pursuant to the
following schedule. In the event a construction permit is denied, only the application fee
shall be payable.
ce.nuy. Ord amena. cn. 19 and 25 Page 5 of 12
As approved BOCC 9/18/10
SECTION 13. Section 19-43(d), Monroe County Code, shall be amended to read:
Section 1943(d) Fees.
(d) The engineering department shall charge and collect fees for the items at rates
listed in the following schedules:
(1) Application fee. A nonrefundable processing fee of $25.00 shall accompany all county
public right-of-way use permit applications. If the permit application is approved, the application
fee will be applied to the permit fees as detailed under subsection (d)(2) of this section.
(2) Permit fees. Fees for public works construction, under permit issued by the engineering
department, in canal, road and street rights -of -way and easements in the unincorporated area of
the county and in the rights -of -way of canals, roads and streets located within municipalities that
are maintained by the county are established as follows:
a. For installation or repair of sanitary and storm sewers, waterlines, gas lines, and other
underground utilities:
TABLE INSET:
For 100 lineal feet or fewer $30.00
For each additional 100 lineal feet or fraction thereof 6.25
b. For French drains, consisting of catch basin and seepage trench or slab covered trench:
TABLE INSET:
For the installation consisting of one or two catch basins, and seepage $30.00
trench or soakage pit of lengths not to exceed 100 lineal feet
c. For construction or replacement of sidewalks, curb and gutter:
TABLE INSET:
For 100 lineal feet or fewer $25.00
For each additional 100 lineal feet or fraction thereof 6.25
d. For construction of driveways:
TABLE INSET:
I For driveway width of 20 feet or fewer 1 $25.00 1
IFor driveway width greater than 20 feet but less than 40 feet (each I15.00 I
driveway)
I For driveway width greater than 40 feet (each driveway) 120.00 I
Co.AUY. Ord Amend. Ch. 19 and 25 Page 6 of 12
As approved BOCC 8119/10
e. For construction of street pavements:
1. One -lane or two-lane pavements (width of pavement zero to 24 feet):
TABLE INSET:
For 100 lineal feet or fewer
$50.00
For each additional 100 lineal feet or fraction thereof
10.00
2. Three or more lanes of pavement (aggregate width greater than 24 feet):
TABLE INSET:
For 100 lineal feet or fewer
$100.00
For each additional 100 lineal feet or fraction thereof
25.00
f. For paving of parkways and shoulders:
TABLE INSET:
For 100 lineal feet or fewer $50.00
For each additional 100 lineal feet or fraction thereof 12.50
g. For construction of curb separators:
TABLE INSET:
For 100 lineal feet or fewer $25.00
For each additional 100 lineal feet or fraction thereof 5.00
h. For construction of bridges:
TABLE INSET:
For bridge roadway area of 1000 square feet or fewer $500.00
For each additional 100 square feet 25.00
i. For installation of permanent -type traffic barricades, guardrails and guide posts:
TABLE INSET:
I For each 100 lineal feet or fraction thereof I $12.50 I
j. For construction of street or driveway culvert crossing of canals and drainage ditches (not
controlled by DEP):
TABLE INSET:
I For each lineal foot pipe, per foot of pipe diameter or fraction thereof I $1.00 I
Co.aey. ore Amend. CL. 19 and 25 Page 7 of 12
As approved HOCC 9/19/10
k. A permit fee for a multiple -pipe culvert shall be determined by regarding the aggregate
lengths as one continuous pipe.
Penalty fees.
a. When work for which a permit is required is commenced prior to obtaining a permit,
a penalty fee will be imposed. If the applicant can show that failure to apply for a
permit is based on a good -faith belief that the construction is not affecting the county
right-of-way, the penalty fee may be waived at the discretion of the engineering
director; provided, however, that violators promptly apply for a permit and pay all
applicable fees.
b. The penalty fee shall be $250.00 plus double the original permit fee.
c. The payment of such penalty fee shall not relieve any person, firm or corporation
from fully complying with all of the requirements of all applicable regulations and
codes, nor shall it relieve any person, firm or corporation from being subject to any
of the penalties therein.
SECTION 14. Section 19-44, Monroe County Code, shall be amended to read:
Sec.19-44. Relocation upon notice by the engineering director.
Any permission granted for construction under this article does not constitute and shall not be
construed as permitting a permanent installation within any public right-of-way. Any facility
permitted within the public right-of-way shall be relocated or reconstructed by the owner at his
sole cost and expense when in irreconcilable conflict with any construction, reconstruction, or
any project performed by the county or its authorized representative, that is deemed to be in the
interest of the general public within 30 days of the request. It shall be the responsibility of the
engineering director to provide notice to the affected permittees at the earliest possible time prior
thereto of any such conflicts, whether actual, possible or planned. Where the owner requests
additional time up to a maximum of 180 days, this may be granted by the office of the
engineering director upon receipt of a letter stating adequate grounds to support the owner's
position that additional time is necessary to complete the relocation. If the extension of time
requested by the owner is denied by the engineering director or an extension in excess of 180
days is desired by the owner, the owner may appeal to the board of county commissioners by
written request; and the time for relocation shall be stayed while the appeal is pending. Where
the county has requested a relocation, permits shall be required to approve the new sites of the
utility facility, but permit fees shall be waived. Utility placements and relocations shall be
governed as provided by general law.
SECTION 15. Section 19-45, Monroe County Code, shall be amended to read:
Sec. 1945 Emergency repairs.
In the event of an emergency requiring repairs by utility companies to some portion of their
facilities, nothing in this article shall be deemed to prohibit the making of such repairs; however,
emergency repairs shall be reported to the county engineering director the next business day as
provided for in section 19-36. Traffic safety measures must be implemented by the utility. Work
CO -My. Ord Amend. C6. 19 and 25 Page 8 of 12
As approved BOCC 9/18/10
performed as a result of such emergency repairs may continue pending the granting of an after -
the -fact permit.
SECTION 16. Section 19-46, Monroe County Code, shall be amended to read:
Sec. 19-46. Appeals.
Any party claiming to be aggrieved by a decision of the engineering director may appeal to the
board of county commissioners by filing a written notice of appeal with the engineering director
within 30 days of the date of denial. Once a denial has been issued by the County engineering
director or his designee, the aggrieved party shall be restricted to only the appeal to the BOCC
within 30 days of the denial and shall not be allowed to submit a second application or a petition
for clarification, or any other mechanism to attempt to create a new date from which the 30 days
for appeal shall run.
SECTION 17. Section 19-47, Monroe County Code, shall be amended to read:
Sec.19-47. Time limits.
(a) Within seven days after receipt of an application for a permit under this article,
the director of engineering (or his designee) shall review the application and shall request
submittal of any additional information the director is permitted by law to require. If the
applicant believes any request for additional information is not authorized by law or
departmental rule, the applicant shall notify the director that the applicant objects, the grounds
therefore, and that he will rely upon his appellate rights under section 1946 in the event the
permit is denied. Within 15 days after receipt of any submitted additional information, the
director shall review it and may request only that information needed to clarify such additional
information or to answer new questions raised by or directly related to such additional
information. Ifthe applicant believes the request of the director for such additional information is
not authorized by law or department rule, applicant shall notify of his objection and give notice
to proceed to process the permit application. Permits shall be approved or denied within 30 days
after receipt of the original application, the last item of timely requested additional material, or
the applicant's written request to begin processing the permit application, whichever shall have
last occurred. If the application is not approved or denied in writing within 360 days after the last
submittal, it shall be deemed approved and the applicant may demand the permit be issued.
Applications for permits may be denied solely on the basis of actual and irreconcilable conflict
of the proposed work with provisions of the public works manual. Any denial of an application
must state the specific basis upon which the denial is based. The permit shall be considered valid
for six months beginning on the date of issuance unless the commencement date shall be beyond
such time. If work does not commence by the end of this period, the permit shall be considered
void and reapplication shall be necessary. Work must be completed by the completion date
indicated on the application unless the permit is extended upon request to the department of
engineering with an explanation of the basis for such request.
(b) A request may be made to the director of engineering with the filing of an
application for expedited review and processing, and provided that all information required as
described in subsection (a) of this section is submitted with the application, the director shall
make a reasonable effort to review and process the same within five days after receipt.
Co.Ariy. Ord Amend. Ch. 19 and 25 Page 9 of 12
As approved HOCC 9/18/10
SECTION 18. Section 19-48, Monroe County Code, shall be amended to read:
See.19-48. Restoration and penalty.
No person shall use county rights -of -way or easements for any purpose for which a permit is
required by this article without first obtaining a permit therefore unless otherwise authorized by
law. In the event county rights -of -way or easements are used and/or construction or obstruction
takes place without a permit, upon written notice by the engineering director, the person shall
apply for an after -the -fact permit and pay all fees and penalties as provided in Section 19-43 of
this Chapter and shall restore any area for which an after -the -fact permit may not be issued to its
original condition and cease any nonpermitted use except as noted in section 19-43(b).
SECTION 19. Section 25-5, Monroe County Code, shall be created to read:
Sec. 25-5. Prohibition of obstruction of traffic.
It is unlawful for any person or persons wilWWly to obstruct the free, convenient, and normal use
of any public street, highway, or mad in the unincorporated areas of Monroe County by
impeding, hindering, stifling, retarding, or restraining traffic or passage thereon, by standing or
approaching motor vehicles thereon, or by endangering the safe movement of vehicles or
pedestrians traveling thereon, and any person or persons who violate the provisions of this
subsection, upon conviction, shall be cited for a pedestrian violation, punishable as provided in
Sections 25-6, Monroe County Code.
SECTION 20. Section 25-6, Monroe County Code, shall be created to read:
See. 25-6. Penalties.
(a) Any person cited for a violation of Section 25-5, Monroe County Code is charged
with a noncriminal infraction and shall be cited for such an infraction as well as the
corresponding state statute and shall be cited to appear before the court official who handles
other traffic violations.
(b) Any person cited for an infraction under this section must sign and accept a
citation indicating a promise to appear. The officer may indicate on the traffic citation the time
and location of the scheduled hearing and must indicate the applicable civil penalty established
in s. 318.18.
(c) Any person who willfully refuses to accept and sign a summons is guilty of a
misdemeanor of the second degree.
Co-Atty. Ord Amend. Ch 19 and 25 Page 10 of 12
As approved SOCC 9/19110
SECTION 21. Section 25-35, Monroe County Code, shall be amended to read:
Sec. 25-35. Parking of tracks, trailers and travel trailers, storage.
(a) Within any residential district, no trucks, trailers or wagons of one -ton or greater
capacity or recreational vehicle -type units, as defined in F.S. § 320.01, in excess of 42 feet in
length and in excess of 8.5 feet in width shall be parked on the paved part of any public right-of-
way, or on private property except within a completely enclosed garage. No trailers of less than
one -ton capacity, including all pleasure boat trailers regarding of capacity, collapsible camping
trailers and cargo trailers shall be parked for storage purposes, including overnight, on any public
right-of-way, but such trailers may be parked on private property in any district pursuant to
subsection (b) of this section and this chapter. Only one recreational vehicle -type unit as defined
in F.S § 320.01, shall be permitted on any one residential or mobile home lot for storage
purposes as provided I this section. Trucks, trailers, wagons, or recreational vehicle -type units as
referred to in this subsection may only be parked on the same lot with and after the principal
structure is erected.
(b) All trailers, motor homes or motor coaches parked in accordance with this article
shall be parked taking into account the setback requirements as is set forth in part Il of this Code.
(c) Trailers, motor homes or motor coaches that are parked for storage as per the
provisions of this article shall not be used as a place of habitation.
(d) No motor vehicle of any type shall be stored, including parking overnight on any
public right-of-way. A motor vehicle parked on a public right-of-way in excess of seventy-two
(72) hours shall be presumed to be stored.
(e) These vehicles must be registered in the name of the owner or the tenant of the
property where they are parked.
(f) 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 section must be
remitted to the county's general fund.
(g) In the case of a violation of this section, the law enforcement officer or parking
enforcement specialist, in addition to charging the owner or operator with any noncriminal
violation set forth in subsections (a) through (e) of this section, may have the vehicle towed and
impounded at the owner's expense. The cost of such towing and impoundment shall be a lien
against the vehicle. If the county court determines that the noncriminal violation charged was
invalid:
(1) The vehicle must be immediately released without charge and with the lien
provided for in this section automatically extinguished; or
(2) If the owner or operator has paid the cost of towing and impoundment, the
amount paid must be refunded.
Co-Atty. Ord Amend. Ch. 19 and 25 Page I 1 of 12
As approved BOCC 9119t10
SECTION 22. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof; other than the part declared to be invalid. 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 23. 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 24. INCLUSION IN THE 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 25. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State 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 18'h day of August, 2010.
Mayor Sylvia Murphy
Yes
Mayor Pro Tem Heather Carruthers
Yes
Commissioner George Neugent
Yes
Commissioner Mario Di Gennaro
Yes
Commissioner Kim Wigington
Yes
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF M NNRMECO 4FLORIDA
aaWC, 404a� By
Deputy Clerk Mayor/Chairperson
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Page 12 of 12
As approved BOCC 9/19/10
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■ Attach this card to the back of the mailpiece,
or on the front If space permits.
1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399-0250
A. Signature
X 13 Agent
❑ Addressee
B. Received by (Printed Name) C. Date of Delivery
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PS Form 3811. February 2004 Domestic Return Receipt
1026V�o2401-1540
UNITED STATES POSTAL SERVICE First -Class Mail
Postage & Fees Paid
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Permit No. G-10
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• Sender: Please print your name, address, and ZIP+4 in this box •
DANNY L. 6 OLHAGE
CLERK C P-:UlT COURT
500; kNi-HTEHEAa STREET
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PS Form 3800. August 2006 (Reverse) PSN 7530-02-MO-9047
CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA
Governor
September 13, 2010
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
DAWN K. ROBERTS
Interim Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated September 8, 2010, and certified copies of Monroe County Ordinance Nos. 025-2010 and
026-2010, which were filed in this office on September 13, 2010.
Sincerely,
t"1) —n- to i ---
Liz Cloud - y rn
Program Administrator - -n
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DIRECTOR'S OFFICE
R.A. Gray Building • 500 South Bronough Street • Tallahassee. Florida 32399-0250
850.245.6600 • FAX: 850. 245.6735 • TDD: 850.922.4085 • http://dIIsdos.state.fl.us
COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA
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Cooke Communications, LLC
Florida Keys
Marsha F. Kirkwood
Advertising Coordinator
PO Box 1800
Key West FI 33041
Office .... 305-292-7777
Extension ........x219
Fax ....... 305-295-8025
leciale0kevsnews.com
INTERNET PUBLISHING
keywast.com
keysnews.com
floridakeys.com
key-west.com
Web Design Services
NEWSPAPERS
The Citizen
Southernmost Flyer
Solares Hill
Big Pine Free Press
Marathon Free Press
Islamorada Free Press
Key Largo Free Press
MARKETING SERVICES
Commercial Printing
Citizen Locals Card
Direct Mail
FLORIDA KEYS OFFICES
Printing / Main Facility
3420 Northside Drive
Key West, FL
33040-1800
Tel 305-292-7777
Fax 305-294-0768
citizen(akevwest.com
Intemet Division
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.com
Middle Keys Office
6363 Overseas Hwy
Marathon, FL (MM 52.5)
33050-3342
Tel 305-743-8766
Fax 305-743-9977
marathonAkevsnews.com
Upper Keys Office
91731 Overseas Hwy
Tavernier, FL 33070
Tel 305-853-7277
Fax 305-853-0556
freepress@floddakeys.com
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson,
who on oath says that he is Vice -President of Advertising Operations of the
Key West Citizen, a daily newspaper published in Key West, in Monroe
County, Florida; that the attached copy of advertisement, being a legal notice
in the matter of
was published in said newspaper in the issue(s) of
o/D
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, and has been entered as second-class mail matter at the post office in Key
-West, in said Monroe County, Florida, for a period of 1 year next preceding
the first publication of the attached copy of advertisement; and affiant further
says that he has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
d E),5-- a -(:�ol IQ�) ignature of Affiant
Sworn and subscribed before me this day of , 2010
Notary Public:
Marsha F. Kirkwood
T�
Expires: September 15, 2013 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
NOTICE OF INTENTION TO
CONSWIR
NOTICE IS HERBY GIVEN TO
WN 1T CONCERN that
0 et:00'P.M., or
r gs- may
• `tAi'Marvay
Omar,1200
ThMW Avawm ; Key West,
Monroe Coulft: RwWa, the
Board of County Commissioners
of Monroe County, Florida,.intends
to consider the,•adoption of the
following County ordinance:
AN, ORDINANCE OFTHE
pQARD 4DF.j000Y
�
ON. OR. UpHROE FLAIRING
MWMg CoUIf TYCODE
ClIAPT'ERN .1B`ANp �;
PRGfi1WN0CLARIFICATION OF
PROWNiFBE# USCS OF
RIG"TS4F11 W; PROVIDING
FOR 1l WATION ON
ATTEMPTS.Tb C;RCOMVENT
THE APPEALS PROCESS BY
EXCLUDING T"E SUBMISSION
OF NO
YI( APPLICATIONS OR
AEGUESTSVOR
CLAR... 1. 11 .ONTO' STARTTHE
*' EAL:TIME PERIOD
RUNNING ANEW; PANG
Ob ALTIES; PROVIDING
ADO(FtONAL ENFORCEMENT
MEASURES AND
POR
FOR
ALL
Rolf w10 THE
OWTY 005 OF,
AND PRIDING
:'ITVE
pursuant to Section 286.0105,
Florida Statutes, notice is given
that d a person decided to appeal
WN decision made by the Board
wWv r4spect to` any matter
c0"#$ W sit such hearings or
mMisgs, he will need a record of
the pMd*0hW, and that, for such
pt,R090s� he may need to .ensure
#W,gverbatim record of the
p�opM�ngs a made, which record
the testimony and
Vpli *"!be appeal is
ApAs if ypu are a
Ojai* **h a dWROW who needs
1pWW accommodations in order
toparildpate in these
praceodlrrgs, please contact the
County AdrhiniatraWs Office, by
t WS) W-440, between
the hoots of 8:30 S.M. - 5:00 p.m.,
no later than ten (10 calendar days
prior to the scheduled meeting; If
you are hearing or v+bice impaired,
caft"711'
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Dated at Key West, Fiorida, this
16th day of June, 2010.
,FLORIDA KEYS���
_1:__.- .' Lam_ .__ _.. • �__r� ._� __ ,.
Published Twice Weekly 4
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared WAYNE MARKHAM who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published In Marathon,
in Monroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the issues
of: (date(s) of publication)
.2,4 . j ga4l
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year next preceding the first
publication of the attached copy of
advertisement. The affiant further says
that he has neither paid nor promised any
person, firm, or corporation any discount,
rebate, commission or refund for the
purpose of securing this advertisement for
publication In the said newspaper(s) and
that The Florida Keys Keynoter is In full
compliance with Chapter 50 of the Florida
State Statutes on Leaal and Official
Advertisements.
Swor a An su ribed before me
this D of , 2010
(SEAL)
Notary
FILED
2010 JUL
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BEVERLY 7RAEGM
MY COMMISSION y 00 OW49
EXPIRES: April 18, 2014
E(eD.-B"ded TNu Nalry Fdit IMdarehm
The Repor- ter FILED FOR RECORD
P.O. Box 1197 • Tavernier, Florida 33070-1197 2010 JUL 12 AM 10: 14
(305) 852-3216 Fax: (305) 852-0199
PROOF OF PUBLICATION P�.; Y �1C���.T.
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally
appeared DAVID GOODHUE who on oath, says
that he is EDITOR of THE REPORTER, a weekly
newspaper entitled to publish legal advertising
published at Tavernier, Monroe County, Florida:
that the attached copy of advertisement, being
LEGAL NOTICE in said newspaper in the issue
of:
June 25, 2010
Affiant further says that THE REPORTER is a
newspaper published at Tavernier, in said
Monroe County, Florida, and that the said
newspaper has heretofore been continuously
published in the said Monroe County, Florida,
each week (on Friday), and has been entered as
second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for
a period of one year next preceding the first
publication of the attached copy of
advertisement; and affiant further says that she
has neither paid nor promised any firm, person,
or corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for publication in
the said newspaper and that The Reporter is in
full compliance with Ch of the,,Florida
State Statutes )aegal ano-' Official
Advertisements.
SwoWto and subscribed before me this 25th
day of June, 2010.
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-6025
Municipal Code Corporation
PO Box 2235
Tallahassee FL 32316-2235
Dear Ms. Cloud,
4J`�ecou oy1-
CLERK OF THE CIRCUIT COURT
MONRO�fE COUNTY
www.clerFebruary 8 20c13m
Via e-mail
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
Enclosed please find a certified copy of Ordinance No. 006-2013 amending Section 17-2
and Section 25-35 and creating Section 17-6, of the Monroe County Code to further clarify
prohibition and enforcement regarding the parking and storage of vehicles and watercraft and/or
wrecked, inoperative or partially dismantled vehicles and watercraft on County roads, and rights -
of -ways, on private property and in residential districts throughout Monroe County; providing
for elimination of inconsistent language; 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on January 16, 2013. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295-3130.
Respectfully submitted,
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerkof the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management via e-mail
County Attorney via e-mail
File
le
ORDINANCE NO. 006— 2013
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA PROVIDING FOR AMENDMENT OF MONROE COUNTY
CODE CHAPTERS 17 AND 25; PROVIDING CLARIFICATION OF WATERCRAFT
AND VESSELS WHICH MAY NOT BE STORED IN SECTION 17-2(b); PROVIDING
FOR CREATION OF SECTION 17-6; PROVIDING FOR MOVEMENT OF
PROHIBITIONS REGARDING PARKING AND STORAGE OF TRUCKS, TRAILERS
AND TRAVEL TRAILERS FROM SECTION 25-35 TO SECTION 17-6; PROVIDING
FOR ELIMINATION OF INCONSISTENT LANGUAGE; 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, The Board Of County Commissioners of Monroe County, Florida on August 18, 2010
approved Ordinance 25-2010, adding specific sub -sections to Monroe County Code 25-35 for the
enforcement and penalties for traffic and vehicles on Monroe County roads rights -of -way to be
enforced by a law enforcement officer or a parking enforcement specialists; and
WHEREAS, certain sub -sections of the MCC 25-35 also address the storage of vehicles on private
property which is not enforceable by a law enforcement officer or parking enforcement specialist; and
WHEREAS, that portion of section 25-35 which is not enforceable by law enforcement officers should
be moved to a new section (17-6) to allow authorization of enforcement by code compliance officers;
and
WHEREAS, the intent of this new section prohibiting the storage and parking of certain vehicles in
residential zoning districts is to prevent diminution of property values and to retain the residential
community character of the neighborhood; and
WHEREAS, a common complaint from the public pertains to derelict unsightly vessels and junk cars;
and
WHEREAS, it is deemed in the interest of public to expand on the description of watercraft and
vessels in section 17-2(b) to clarify under what conditions watercraft and vessels may not be stored;
and
WHEREAS, Section 17-2(c) should be removed to avoid inconsistent interpretations of code
compliance actions;
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe County,
Florida that:
SECTION 1. Section 25-35, Monroe County Code, shall be amended to read:
Ord. Changing Ch. 17 & 25
Sec. 25-35. - Storage of vehicles on County right-of-way prohibited.
(a) Within any residential district, no trucks, trailers, travel trailers, or buses of one -ton or greater
capacity or recreational vehicle -type units, as defined in F.S. § 320.01, in excess of 42 feet in length
and in excess of 8.5 feet in width shall be stored on the paved part of any public right-of-way. No
trailers of less than one -ton capacity, including all pleasure boat trailers regardless of capacity,
collapsible camping trailers and cargo trailers shall be parked, or stored -On any public right-of-way,
but such trailers may be parked on private property in any district pursuant to section 17-6 and part 11
of this Code.
(b) No motor vehicle of any type shall be stored on any public right-of-way. A motor vehicle parked on
a public right-of-way in excess of 72 hours shall be presumed to be stored.
(c) 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 section must be remitted to the county's general
fund.
(d) In the case of a violation of this section, the law enforcement officer or parking enforcement
specialist, in addition to charging the owner or operator with any noncriminal violation set forth in
subsections (a) through (c) of this section, may have the vehicle towed and impounded at the owner's
expense. The cost of such towing and impoundment shall be a lien against the vehicle. If the county
court determines that the noncriminal violation charged was invalid:
(1) The vehicle must be immediately released without charge and with the lien provided for in
this section automatically extinguished; or
(2) If the owner or operator has paid the cost of towing and impoundment, the amount paid
must be refunded.
SECTION 2 Section 17-2, Monroe County Code, shall be amended to read:
Section 17-2-Inoperative Vehicles and Watercraft
(a) Within all land use districts except Industrial (1) districts, all vehicles that are inoperative and/or
unlicensed for a period of ten days shall be prohibited on any public right-of-way or on private property
except within a completely enclosed garage.
Ord. Changing Ch. 17 & 25 2
e
(b) Within all land use districts except Industrial (1) districts, all watercraft that are wrecked,
inoperative, partially dismantled and/or decayed and/or abandoned or stored on a boat trailer that is
not ready for highway use for a period of 30 days, shall be prohibited on any waterway, shore, private
or public property unless contained in a completely enclosed building.
SECTION 3 Section 17-6, Monroe County Code, shall be created to read:
Section 17-6 Parking and Storage of Trucks, Trailers and Travel Trailers
(a) Prohibited: Within any residential district, no trucks, trailers, travel trailers, or buses of one -ton or
greater capacity or recreational vehicle -type units, as defined in F.S. § 320.01, in excess of 42 feet in
length and in excess of 8.5 feet in width shall be parked or stored on private property except within a
completely enclosed garage. Construction, landscaping or land clearing equipment may only be
parked or stored on the same lot for which it is actively being used to conduct the scope of work
related to a valid active permit or contract for services.
(b) ) Permissible (or "allowed"): All other trucks and trailers, including all pleasure boat trailers,
recreational vehicle -type units, or collapsible camping trailers may be parked or stored on private
property in any district pursuant to the following conditions:
(1) All vehicles parked in accordance with this article shall be parked taking into account the setback
requirements as is set forth in part II of this Code.
(2) All recreational vehicle -type units that are parked or stored as per the provisions of this article shall
not be used as a place of habitation.
(3) All vehicles as referred to in this section may only be parked on the same lot or contiguous lot with
and after the principal structure is erected.
(4) All vehicles parked or stored in accordance with this article must be registered in the name of the
owner or the tenant of the property where they are parked.
(5) Only one recreational vehicle -type unit as defined in F.S. § 320.01, shall be permitted on any one
residential or mobile home lot for storage purposes as provided in this section.
Ord. Changing Ch. 17 & 26 3
SECTION 4: 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 5: 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 6: 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 7: 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 lL6ththis day of January , 2013.
Mayor George Neugent Yes
Mayor Pro Tern Heather Carruthers Yes
Commissioner Danny Kolhage Yes
Commissioner David Rice veR
Commissioner Sylvia Murphy vPQ
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By A-09f''e- �4-4615 06011--.
Mayor George Neugent
(SEAL)
ATTEST: Amy Heavilin, Clerk Ad Interim
gYD—
Ord. Changing Ch. 17 & 25
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