Item R2* 3: 00 P.M. Public Hearing *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 15, 2012
Division: County Attorney
Bulk Item: Yes No XX Staff Contact Person: Christine Limbert-Barrows
AGENDA ITEM WORDING: A public hearing for an ordinance creating Section 17-5 of the
Monroe County Code to prohibit persons from loitering after warning or where a no loitering sign has
been posted.
ITEM BACKGROUND: The County currently has no loitering ordinance, so creation of this
ordinance would provide for regulation to ensure that public safety and peace is maintained and to
prevent the obstruction of free access and use by other members of the public.
PREVIOUS RELEVANT BOCC ACTION:
1 / 19/ 12 B DCC approved Public Hearing for 3 :00 p.m. on 2/ 15/ 12 in Ivey Largo, FL (Item P3 )
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS:
Approval to advertise.
TOTAL COST: NIA
COST TO COUNTY: NIA
BUDGETED: Yes No
SOURCE OF S: N/A
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included XX Not Required
DISPOSITION: AGENDA ITEM #
COMMISSIONER MURPHY
ORDINANCE NO. - 2D12
AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS CREATING SECTION 17-5 OF THE MONROE COUNTY
CODE TO PROHIBIT PERSONS FROM LOITERING AFTER WARNING OR
INHERE A NO LOITERING SIGN HAS BEEN POSTED; PROVIDING FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners finds that certain public areas in unincorporated
Monroe County should be regulated to ensure that public safety and peace is maintained and to prevent
obstruction of free access and use by other members of the public; and
WHERERAS, loitering in these public areas can obstruct and hinder other pedestrians and traffic
and also unreasonably disturb or interfere with the enjoyment of said areas by other members of the
public; and
WHEREAS, the Board of County Commissioners finds that when a "No Loitering" sign has been
posted or when persons are warned by law enforcement officers to refrain from behavior that obstructs
or hinders access and/or threatens public safety thereby interfering with enjoyment by other members
of the public, any such activity should be prohibited; and
WHEREAS, the Florida Second District Court of Appeal in State v. Kemp, 429 So.2d 822 (2nd DCA
1983) upheld an ordinance prohibiting loitering when a "no loitering" sign has been posted or when a
prior warning by a law enforcement officer has been given;
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
SECTION 1. That Section 17-5 of Chapter 17 Offenses and Miscellaneous Provisions is hereby created to
read as follows:
Sec.17-5 Disobedience to warning or "no -loitering" sign Prohibited
It shall be unlawful for any person, after first being warned by a law enforcement officer, or where a "no
loitering" sign or signs have been posted, to loiter, stand, sit or lie in or upon any public or quasi -public
sidewalk, street, alley, curb, crosswalk, walkway area, bridge, plaza, park, parking lot, building open to
the general public, boat ramp, or other water access area utilized for public use, so as to hinder or
obstruct unreasonably the free passage of pedestrians or vehicles thereon; nor shall any person block,
obstruct or prevent free access or otherwise threaten public safety or create a breach of peace.
1
COMMISSIONER MURPHY
Penalties.
Violation of this Section shall be prosecuted in the same manner as misdemeanors are prosecuted. Such
violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by
the prosecuting attorney thereof, and upon conviction shall be punished by a fine not to exceed five
hundred dollars ($500-00) or by imprisonment in the county jail not to exceed sixty (60) days or by both
such fine and imprisonment.
SECTION 2. SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to
be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this
ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person,
property or circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 3, CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with
this ordinance are hereby repealed to the extent of said conflict.
SECTION 4. INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and
incorporated in the Code of ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the
Code.
SECTION S. TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of
state and shall be effective as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
meeting of said Board held on the th day of , 2012.
Mayor David Rice
Mayor Pro Tern Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
(seas)
Attest: DANNY L. KOLHAGE, Clerk
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MON ROE COUNTY, FLORIDA
By
Mayor/Chairperson
n A �. bNI RE [A phi y� V +' _
�arJt �7 �J- U
2 APPROVE:O AS To FoNPv/J:
Chr:ISTINE M. LIMr9ERT-BAIRROWS
ASSISTANT COUNTY ATTORNEY
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE.
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on February 15, 2012 at
3:00 P.M., or as soon thereafter as may be heard, at the Murray E. Nelson Government Center,
102050 Overseas Highway, Mile Marker 102, Key Largo, 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 MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS CREATING SECTION 17-5 OF
THE MONROE COUNTY CODE TO PROHIBIT PERSONS
FROM LOITERING AFTER WARNING OR WHERE A NO
LOITERING SIGN HAS BEEN POSTED; PROVIDING FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
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 ASSIST'AN'CE. 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 am. - 5: 00 p.m., no later than, five (5) calendar days prior to the scheduled meeting;
if you are hearing or voice impaired, call "Ill ".
Dated at Ivey West, Florida, this 19`h day of January, 2012.
DANNY L. KOLHAGE, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
Reporter (Fr) 1/27/12
Keynoter (Wed) 1/25/12
KW Citizen (Su) 1/22/12