Item I2 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17, 2013 Division: Growth Mana eg ment
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#
2
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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
39
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.
43
44
1
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 (1) districts, all vehicles that are inoperative and/or
56 shall be prohibited 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 (c) Within all land use districts except Industrial (1) 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 tmeks, trailers and tmvel trailers vehicles and watercraft within any
74 residential land use district.
75
76 (a) `,„`Prohibited Within any residential district, ne tmeks, «failer-s, «fave, t fade or-buses of„„e ten e
77 greater ewe eit er-Fe..feat'oa 1 L,' 1 r units, defined F S R 320 0 eyeess of 42 feet.
�,� 1Ju a� U 141 Y Vlllrlli L,'1,J�I . , �
78 length and in exeess ef 8.5 feet in width shall be parked or stored en private pr-epeFty exeept within a
79 eempletely enelesed gaFage. Construetion, landscaping or land eleafing equipment may only be parke
80 stored en the same lot fef whieh it is aetively being used te eenduet the seepe ef work related to a valid
81 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 an, zoning oning district in
83 which residential use is allowed.
84 _
TYPE OF VEHICLE* PROHIBITED
Class 1.-,Class.2A.¢fight Duty Trucks 0 to 8,5OO lbs.) _Parking and stora, ee prohibited in right-of-way within road
bed
Class 1-Class 2A(I.ight.Duty Trucks 0.to 8 5001bs.) storage prohibited in right-of-way_ outside of road bed
Class 2B-Class 4¢ight Dul and_Medium D Trucks Parkin and storage prohibited in.h&ht-of-wav,within.road
8,501 to 16 000 lbs.l bed
2
Class 2B Class 4 fL uly and Medium Dui Trucks _Storage prohibited in n'ghtm of-_way outside of road bed
1..8 501 to 16,000 lbs.
Class 2B-Class 4 LLight Duty and Medium Duty Trucks Prohibited on nrivatepropert ri ess screened completely
j 8,501 to.16,000 lbs. Withmcab.inet box. latform.rack or from view from street or any gther residential structure,mu,,,st
other equipment forpurposes of can oods other than meet setbacks of land use district where located or contained
ersonal effects of assen ers in an enclosed area/earage
Class 5(Medium Duty Trucks 16 0(l to 19 5001bs-) Parkin andgor�eprohibrted in rii t_of.w4y within and
outside road bed
Class 5(Medium ,Duty Trucks_16,001 to 19,500 lhs,) Storage prohibited in right-of-way outside of road bed
C1ass.5(Medium Duty Trucks_16 001 to 19,500 lbs.) 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.
Class 6(Medium Duty Trucks 19.501,to 26 0001bs. Parking and storageprohibited,in ngh_tm of-waywithm and
outside road bed
Class 6 Medium Duty Trucks 19 501,to 26 OOO lbsa Storage prohibited nhtof-way outside of road bed
Class 6 fMedium Duty_Trucks,19,501 to.26_000 Ibs_-) 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 aregSM=age.
Class Tor 8(Heavy Duty Trucks 26.001 lbs.and up) Parking and storage prohibited on right-of-wa within and
outside road bed
Class 7,or 8(Heavy Duty Trucks_26.001 lbs._and_upl Parking and storage prohibits_d on�ri_vatepro�erty within all
land use districts except(I)Industrial.
Tractor trailer Parkingand storage Prohibited on nht-of-wawitlun,, ,and
outside road bed
Tractor trailer Parkin
_g and storage prohibited onprhvate.property_within all
land,use districts exce t I Industrial.
Trailer Parking and storage rohibited in ri$_ht-of-way within road
bed
Trailer Stor_,,agep_rc ibited in n�ht-of-w _outside of roadbed
Buses/Limos re tan 10 transport)as persons for trans Pr
(S ..._.eatr_ .wh p � akin� _ gaud storage.prohibited_on right_ofµway within and
defined in F.S. 320.01..(41 outside„road bed
Buses/Limos(greater than 10 persons for transport)as Parkingand storage prohibited on private proeigy within all
defined in F.S.,320.01_(4) land use districts except(I)Industrial.
For Hire Vehicle(less than 10 persons„for transportt) Parkin and store prohibited on right of-w4y within and
outside road bed
Recreational Vehicles--greater than 42'„.x,8.5'as defined in Parking and storage prohibited on right.of wa within and
F.S. 316,515 outside road bed
_._
Recreational Vehicles greater than 42'�x.8.5'as defined,in Prohibited on private prover unless not visible from street
F.S.316.515 or from any other residential structure or contained in an
enclosed area/garage. HABITATION PROHIBITED.
Recreation Vehicles,,Campers Cameo Vans less than 42'x Parking and storage,prohibited_in right-of way within road
8.5' as defined in F.S.320.01 bed
Recreation Vehicles,Campers,Cargo_Vans less,than 42'x Storage prohibited in right-of-way outside of road bed
8.5' as defined in F.S.320.01
3
Recreation Vehicles,Campers,,,
Cargo Vans less than 42'.x Only one recreational v..ehicle-tvae unit as defined in.F,S..
8.5'as_define.4 in F.S. 320.01 320.01 s-and—unit
all b„__a permitted on anv one residential or mobile
home lot and unit must be_registered in the name of the
_ r)roDertv owner or tenant. Habitation yrohibited.�_
Watercraft that,are wrecked in ra _p , tive 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 iLghwa.y use for mod of
30 dash
Watercraft that are wrecked, noperatiye,partiall + � Prohibited on private p gp_ unless screened..coMIgL ly
dismantled and/or decayed and/or abandoned or sto...red on a from view from street or another residential_structure,must
boat trailer that is not ready for lrighway use for aperiod of meet setbacks of land„use district where located or contained
30 dad , in an enclosed area/garage.
Ipoperatiye Vehicles Parking and storage prohibited ono dght_o_f-way.within and
outside road bed
Inoperative Vehicles Prohibited onprivat�roperty 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/ggaee•
Vehicles unlicensed for a period of ten(101 days Parking and storage.prohibited_on right-of-way within and
outside road bed
Vehicles unlicensed for aperiod of ten C10)days Prohibited on_privateproperty_unlesms 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/gara&t
All other watercraft and vehicles Parking and storage prohibited in.dght-of wav within road
bed
All other watercraft and vehicles _storage prohibited in right-of-way outside of road bed
"Note Definitions Born F.S. and United States
Department_of Transportation Federal klighway
Admini%trat;ron (FHWA)
i
85 (b) Permissible (or "allowed"): All ether •1 fueks and.fai e... i.,eluding all ple sufe beat t fader-s
. L111 VUll.l ULL1CJ Ti3T , ,
86 ,
87 in any distriet pufsuant to the fellewing conditions- 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 CodeW,and shall be subject to code comvIiance.,
90 (1) All vehicles parked in accordance with this ale chapter shall be parked taking into account the
91 setback requirements as is set forth in part 11 of this Code.
92
93 (2)All vehicles parked or stored as per the provisions of this agile
94 chapter shall not be used as a place of habitation.
95
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
4
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.
101
102 (5) Only one recreational vehicle-type unit as defined in F.S. § 320.01, shall be permitted on any one
103 residential or mobile home lot for storage purposes as provided in this section
104
105 (6)All equipment including construction landscaping or land clearing equipment and vehicles may only
106 be prarked_or stored on the same lot for which it is actively being used to conduct the scope of work related
107 to a valid active permit or contract for services,.
108
109 (7)All,vehicles apd„e�uiipment,_including those identified with a business too services offered or
110 business identifiers shall be stored or parked taking into account the re uirements set forth in the land use
111 district in which they are being arked or stored.
112
113
114 Section 3. Severability.
115 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by
116 any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or
117 nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph,
118 subdivision, clause, sentence, or provision immediately involved in the controversy in which such
119 judgment or decree shall be rendered.
120
121 Section 4. Conflicting Provisions.
122 In the case of direct conflict between any provision of this ordinance and a portion or provision of any
123 appropriate federal, state, or county law, rule code or regulation, the more restrictive shall apply.
124
125 Section 5. Filing.
126 This Ordinance shall be filed with the Department of State and shall be effective as provided in Chapter
127 125.66(2) Florida Statutes.
128
129 Section 6. Inclusion in the Monroe County Code.
130 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the
131 County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered
132 to conform to the uniform marking system of the Code.
133
134 Section 7. Effective Date.
135 This ordinance shall become effective as provided by law and stated above. This ordinance applies to any
136 permit, and or other development approval application submitted after the effective date.
137
138 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
139 regular meeting held on the day of , 2013.
140
141 Mayor George Neugent
142 Mayor Pro Tem Heather Carruthers
143 Commissioner Danny Kolhage
5
144 Commissioner Sylvia J. Murphy
145 Commissioner David Rice
146
147
148
149 (SEAL) BOARD OF COUNTY COMMISSIONERS
150 Attest: Amy Heavilin, Clerk OF MONROE COUNTY, FLORIDA
151
152 By ..... ,... By _
153 Deputy Clerk Mayor George Neugent
154
155
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Truck classification(From Wikipedia,the free encyclopedia)
In the Un te States ased h dile w (GVWR).Ile classes
assificed nth
e verange from 1-8.L11 It is also done more broadly under the U 5 DOIIFederal I Adminitrtion--- j PMA)Vehicle inventory and use
Survey(VIUS)standards,which groups Class 1,2 and 3 as"Light Duty",4,5 and 6 as"Medium Duty',and 7-8 as"Heavy Duty".
Light Duty
Class 1-The Class 1 truck gross vehicle weijyht ratin. (GVWR)ranges Examples of trucks in this
g 6,000 pqlnds(0 722
class include the"roypta Taqqq�4, and Q�wi
fllto 10
116
IR
TOYO`rATOCOMA
f'o"P
DODGE DAKOTA
MC CANYON
The hLratin
Clam 2 N��_ ( )rang ,001 to 10,000 poands(Z,722 to 4,5361�. W Examples of vehicles in
this class the D�,�a ��� 1 00 and the Ford
1 9 es from 6'�i�?��' Class 2a and Class 2b,with class 2a being 6,001 to
kg)pounds, ,c 0 pounds A56 to 4,536 kg)pounds.Class 2a is commonly
8,500 pounds(Z,72Z to 3,856 ands,and class 2b b 8,501 to 10 00
referred to as a light duty truck,with class 2b being the lowest vy "�r��s,"`" called the light heavy-duty class.
CLASS 2A:
GMC YUKON
Plia
FORD F-150 (1640 LBS CAPACITY)
CLASS M
i
FORD F-250(1.5 TON CAPACITY)
`�IV °1'I�� �f01�Iqm�NuuY�
.e..80 VVV ei
ail
�1
III
..., CHEW SILVERADO 1500 HID(1.5 TON CAPACITY)
2
Class 3( m�
The Class 3 truck ' ri; j&- — u�. (GVWR)ranges from 10,001 to 14,000 pounds(4,536 to 6,350 kpJ. Examples of vehicles in
this class include the
helDodge
ss am 3 00, a GVWR o a d e M j �only dual rear wheeL�1 The �mn mq°.. ( ..is another example
of a singlerear
t,
FORD F-350 (2-TON CAPACITY)
r
Ad GMC SIERRA 3500(2-TON CAPACITY)
HUMMER
3
Medium Duty tit
Class 4 Ligig
The Class 4 truck .m yqhk �� (GVWR)ranges from 14,001 to 16,000 pounds(6,351 to 7,257 kg).L J Examples of vehicles in
this class include select Ford.1�.4 ,trucks,Dodge Ram 4500,and the ➢ 50O.
d
�� r��rr i/✓r➢u,
FORD F450(1.5 TON CAPACITY)
�u
GMC 4500
4
Class 5 Lcdit
The Class 5 truck Lo , � ; c Aa I � (GV WR)ranges from 16,001 to 19,500 pounds(7,258 to 9,945 kg).' 1 Examples of trucks in
a�a
this class include the tern ationa �" �rs t99,., G 500. t Dodge Ram 5500,and the gad(;°;�� 50
M
I
IyyI
Y Yls mIV�
International TerraStu
1i 1
p,
i
i
GMC 5500
1,
nu .
FORD F-550
5
Class 6 (eat6t
The Class 6 track gEQssyphicle weight ratimg.L:r(GVWR)ranges from 19,501 to 26,000 pounds(9,946 to 11,793 kg).Examples of trucks in
this class include the Internationaly Dua� t r„G; . ..,� ,���, ➢�C6500. 21 and the For -650
Intentional Durastar
GMC Topkick 6500
r
FORD F-650
8
Heavy Duty Lftj
Class 7 kq:ta
Vehicles in Class 7 and above require a Class B license to operate in the United States.These include GMC C7500 ''J Their GV WR ranges
from 26,001 to 33,000 pounds(11,794 to 14,969 kg).
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f
Ir �t� r
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GMC C7500
1 I I!
r
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GMC C7500
IIP
GMC 7500
7
Class 8 LegJA
The Class 8 truck ggq�y8 ,.�_Lrafi� (GVWR)is anything above 33,000 pounds(14,969 kg). These include alltrailer
trucks.
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fa, rrs
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ire
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w; r„
The gross vehicle weight rating(GVWR), or gross vehicle mass(GVM)is the maximum operating ei t s of
avehicle driver,passengers and esro including the vehicle's ol�assn ,body, a engine fluids,fuel,
as specified Y the manufiwturee
accessories,. � t excluding that of any trailers.M The term is used for motor vehicles and
trains.
Ton rating: When domestic light-duty trucks were first produced,they were rated by their pUlogd capacity in ton
(e.g., r/2-, '/- and 1-ton). This has led to categorizing trucks similarly, even if their payload is different. Therefore,the
Ford Ranger, Chevy S-10, and GMC S-15 are called quarter-tons(%-ton).The Ford F-150, Chevy 10, Chevy/GMC
1500, and Dodge 1500 are half-tons (r/z-ton). The Ford F-250, Chevy 20,Chevy/GMC 2500, and Dodge 2500 are
three-quarter-tons(3/-ton). Chevy/GMC's 3/a-ton suspension systems were further divided into light and heavy-duty,
differentiated by 5-lug and 6 or 8-lug wheel hubs depending on year,respectively. The Ford F-350, Chevy 30,
Chevy/GMC 3500, and Dodge 3500 are one tons (I-ton).
Similar schemes exist for vans and SUVs(e.g., a 1-ton Dodge Van or a%z-ton GMC Suburban),medium duty trucks
(e.g.the Ford ton-and-a-half F-450) and some military vehicles,like the ubiquitous.deuce- nd-a- alf
Throughout the years,the payload capacities for most domestic pickup trucks have increased while the ton titles have
stayed the same.The now defunct'ton!rating is now used to compare standard sizes,rather than actual weight rating.
S
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent,District 2
O CU N TYSo ��qNROE Mayor Pro Tern,Heather Carruthers,District 3
Danny L. Kolhage,District 1
KEY WESTDA 33040 David Rice,District 4
(305)294-4641
Sylvia J.Murphy,District 5
Robert B.Shillinger,County Attorney" �1 ry' Office of the County Attorney
Pedro J.Mercado,Assistant County Attorney** rwr '`, 1111 121h Street,Suite 408
Susan M.Grimsley,Assistant County Attorney** Key West,FL 33040
Natileene W.Cassel,Assistant County Attorney** %u e;` (305)292-3470—Phone
CIX
ynthia L.Hall,Assistant County Attorney** a (305)292-3516—Fax
Christine Limbert-Barrows,Assistant County Attorney
Derek V.Howard,Assistant County Attorney
I,isa 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
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.
v �
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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 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 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(1), 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.Auy.Ord Amend.ch 19 and 25 Page 1 of 12
As appmvad Boot 8/18110
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
CONMMSIONERS OF MONROE COUNTY,FLORIDA:
SECTION 1. Section 19-31,Monroe County Code, shall be amended to read:
Sec. 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 rand 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 carries 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(8).
Governmental or subgovermnental 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.Ariy.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:
Sec. 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-Atty.Ord Amend.Ch.19 and 25 Page 3 of 12
As approved BOCC 8/19/10
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 5. 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.AAy.Ord Amend.Ch.19 and 25 Page 4 of 12
As approved BOCC 9/18/10
SECTION 7. Section 19-40(f), Monroe County Code, shall be amended to read:
(f) All permitted work will be subject to inspection by the county engineering
department.
SECTION 8. Section 19-41(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 1943(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 1943(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.
Co.AUy.Ord Amend.Ch.19 and 25 Page 5 of 12
As approved BOCC 9119/10
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:
For driveway width of 20 feet or fewer $25.00
For driveway width greater than 20 feet but less than 40 feet (each 15.00
driveway)
For driveway width greater than 40 feet(each driveway) 20.00
CO-Any.Ord Amend.ch 19 and 25 Page 6 of 12
As approved EK Cc 8/18/10
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:
[For each 100 lineal feet or fraction thereof $12.50
j. For construction of street or driveway culvert crossing of canals and drainage ditches (not
controlled by DEP):
TABLE INSET:
For each lineal foot pipe, per foot of pipe diameter or fraction thereof $1.00
Co-Atty.Ord Amend.Ch.19 and 25 Page 7 of 12
As approved BOCC 9/19/10
k. A permit fee for a multiple-pipe culvert shall be determined by regarding the aggregate
lengths as one continuous pipe.
1. 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. Relation 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 1945, 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.nny.Ord Amend.cn.19 and zs Page 8 of 12
As approved BOCC 8/18/10
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 19-46 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. If the 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.AUy.Ord Amend.Ch.19 and zs Page 9 of 12
As approved BOCC 8/19/10
SECTION 18. Section 1948,Monroe County Code, shall be amended to read:
Sec. 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 1943 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 1943(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 willfully to obstruct the free, convenient, and normal use
of any public street, highway, or road 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.nuy.Ord nmen&Ch.19 and 25 Page 10 of 12
As approved soot 9/18/10
SECTION 21. Section 25-35,Monroe County Code, shall be amended to read:
Sec. 25-35. Parking of trucks,trailers and travel trailers,storage.
(a) Within any residential district, no trucks, trailers or wagons of one-ton or greater
capacity or recreational vehicleAype 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 11 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 11 of 12
As approved BOCC 9/19/10
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 I e 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 COMIVIISSIONERS
Attest: DANNY L.KOLHAGE,Clerk OF MONROE CO ,FLORIDA
e-
Deputy Clerk Mayor/Chairperson
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Co.Any.Ord,amend.Ch.19 and zs Page 12 of 12
As approved BOCC 9/19/10
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■ Complete items 1,2,and 3.Also complete A. signature
item 4 If Restricted Delivery Is desired. O Agent
X■ Print your name and address on the reverse O Addressee
so that we can return the card to you. B. Reoeived by(Prinfed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front If space permits.
1. Article Addressed to: htypij different from hem 1? Oyes
YEAS yytirila/f)� low: ❑No
Program Administrator sEP j 3 1�'0I T a
Administrative Code and Weekly
R.A. Gray Building rj 00
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Tallahassee, Florida 32399-0250 W rCeMfl dMail 0Bpwsmail
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4. Re*kW DelWW pft Fee) O Yes
2. Article Number 7 010 1670 0001 0244 7525
(mans*6vm service kW
PS Form 3811,February 2004 Domestic Retum Receipt 1025es-M4A-1640
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No.G10
• Sender: Please print your name, address, and ZIP+4 in this box •
DANNY L. KCL.NAGE
CLERIC C:POUIT COURT
F00 IN CHTEHEAu STPEET
KEY 'le'� T, FLQHILDA 33040
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Postal
CERTIFIED MAIL., RECEIPT
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PS Form 3800.August 2006
Certified Mail Provides:
■ A mailing receipt
s A unique Identifier for your maiipiece
is A record of delivery kept by the Postal Service for two years
Important Reminders:
s Certified Mail is not available for any class of international mail.
NO !NSJ9""dCC rc ..r.nr,rn7., n.
valuables,please consider Insured or Registered Mail.
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a if a postmark.on the Certified Mail receipt?s d=sired, the
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receipt is not need detich and affix label with postage and mail.
IMPORTANT;Save this receipt and present It when making an Inquiry.
PS Form 3800.,August 2005(Reverse)PSN 7530-02-000-8047
.��W
FLORIDA DEPARTMENT 0 STATE
r
CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA DAWN K. ROBERTS
Governor Interim Secretary of State
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:
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,
(�
Liz Cloud n m
^a� � o
Program Administrator -n
r- Q
-�
LC/srd - - a FTI
-e-D. c7
', ,• O
Cn o
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;//dlls.do•.state.fl.as
COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA
850.245.6600• FAX:850.245.6643 850.245.6600 • FAX:850.245.6744 850.245.6700- FAX:850.488.4894
CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY
850.488,2812- FAX:850.488.9879 850.245.6750 - FAX:850.245.6795 850.245.6270 9 FAX:850.245.6282
ACM
M21M STATE OF FLORIDA
ftojew ..b.. ►•.»,N COUNTY OF MONROE
Cooke Communications, LLC
Florida Keys
Before the undersigned authority personally appeared Randy G. Erickson,
Marsha F. Kirkwood Advertising Coordinator 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
PO Box 1800 County, Florida; that the attached copy of advertisement, being a legal notice
Key West FI 33041 in the matter of
Office....305-292-7777
Extension........x219
Fax.......305-295-8025
leaaIsOkevsnews.com
INTERNET PUBLISHING
keywest.com
keysnewsnews.com p newspaper was published in said news a er in the issues of
floridakeys.com
key-west.com
Web Design Services 02 67/
to
NEWSPAPERS Affiant further says that the Key West Citizen is a newspaper published in
The Citizen Key West, in said Monroe County, Florida and that the said newspaper has
Southernmost Flyer heretofore been continuous) published in said Monroe County, Florida
Solares Hill Y P ty, every
Big Pine Free Press day, and has been entered as second-class mail matter at the post office in Key
Marathon Free Press .West, in said Monroe County, Florida, for a period of 1 year next preceding
Islamorada Free Press
Key Largo Free Press the first publication of the attached copy of advertisement; and affiant further
MARKETING SERVICES says that he has neither paid nor promised any person, firm or corporation any
Commercial Printing discount, rebate, commission or refund for the purpose of securing this
Direct
en Locals Card advertisement for publication in the said newspaper.
Direct Mail Pi'-
FLORIDA KEYS OFFICES
Printing I Main Facility
3420 Northside Drive
Key West,FL a�
33040-1800 a 1 Dsignature of Affiant
Tel 305-292-7777
Fax 305-294-0768
citizen cr,kevwest.com
Sworn and subscribed before me this day of , 2010
Internet Division
33040-3328
Tel 305-292-1880
Fax 305-294-1699 Notary Public:
sales@keywest.com
Middle Keys Office Marsha F. Kirkwood
6363 Overseas Hwy Mara
Marathon,FL (MM 52.5)
33050-3342 L—
Tel 305-743-8766 T
Fax 305-743-9977
marathon keysnews.com Expires: September 15, 2013 Notary Seal
Upper Keys Office
91731 Overseas Hwy
Tavernier,FL 33070
Tel 305-853-7277 Personally Known x Produced Identification
Fax 305-853-0556
finepress@floridakeys.com Type of Identification Produced
NOTICE OFF TO
pMO MON OF
NOTICE IS HEREBY,GIVEN TO
WH IT NO CONCERN that
t mthb'"W"If
O eRI;00"P.M.,or
ldter es may be
Gbxernin 1200
Truman Avenue, Key west,
Monroe County, Rorida, the
Board of County Commissioners
of Monroe County,f lodda,•intends
to consider the-adoption of the
following county ordinance:
AN ORDINANCE OFTHE
BOARD OF gOUNTY
CCU, QIONE,RS OF MONROE
CO ,FLOfth
MWMOE OOUNTY''CODE
CHAPTERS 18 AND 25;
PROVLOINe-CLARIRCATION OF
PROHIW=USES OF
RIGHT54DF 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
APPEALTIME PERIOD
RUNNING ANEW;PROMNG
F1=NALTIES;PROVIDING
ADDITIONAL ENFORCEMENT
MEASURE$AND
PROCEDURES;PXIVIDINGR
FOR INCREA ED'FI?
PERMIS; OR
P,, NG
FOt"fHEI =OP ALL
ORDINANCES ,NSISTENT
IFOR
HpA Yt�fOTHE
MONRft,COUNTY ."DIE OF.
ORDINAN00G AND PROVIDING
AN'EFFBCTIVE DALE.
Pursuant to Section, 286.0105,
Florida Statutds, notice is given
that N a person decided to appeal
any decision made by the Board
with Inspect to any matter o --q
ooneldsrbd at such hearings or ' o` r—
megoge,he will need a record of r
tl�e pmchedihps;and that,for such
pWp W,he may need to.ensure
*ad*verbatim.record of the j o
propeedi*is made,which record
ir14Y1t1}g the testimgny and a ::0
eariiMnde upon YY*1tte appeal Is Me rT7
o
+p, CE: If you area M cal
�• w o
pMSo�r W#h,a dagbNty who needs
spwW accommodation's in order
fD partislpate in these
proceedings, piease contact the
County AdMintstnrt0r's Office, by
g (W5)W.4441, between
the frours of 8:30 a.m.-5:00 p.m.,
no late►than ten(10 calendar days
prior to the scheduled meeting; N
you are hearing or vdlce'Impaired,
call 711'.
Dated at Key West, Florida, this
i ath day nt.June.2010.
FL0R10A KEYS
i�, FILED FOR RECORD
Published Twice Weekly 2010 JUL 12 AM D. 14
Marathon Monroe County, Florida
PROOF OF PUBLICATION ran'' t. F
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 K'
FLORIDA KEYS KEYNOTER, a twice 0
weekly newspaper published in Marathon,
in Monroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the issues s
of: (date(s) of publication)
wip.
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published wpm
APw�ietblw
at Marathon, in said Monroe County, It ,��, r€•: �4•ii, z
Florida, and that the said newspaper has :�*`►`°.
heretofore been continuously published in ±gip• ''A" ' . Rffypugre
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 w
publication of the attached copy of N
advertisement. The affiant further says 4
that he has neither paid nor promised any aIF �a'•'Y.hty,''"i4;.
cAr4 i•L,Ic+tj aka
person, firm, or corporation any discount, qR,� yam►
rebate commission or refund for the
purpose of securing this advertisement for �� �i I �g �,,•
publication in the said newspaper(s) and ^0�
that The Florida Keys Keynoter is in full ppsrts
compliance with Chapter 50 of the Florida
State Statutes on Legal and Official )rrtcr�•.nrG
Advertisements./v
eiR{
Swor a su ribed before me
this D of , 2010
(SEAL)
n -r OVERLY 7AA
�7 ter�r M oo OW49
EMRS:AM 1e,2014
Notary BwWad'""'Nd"PditW mhm
TheReporterFILED FOR RECORD
P.O. Box 1197 • Tavernier, Florida 33070-1197 2010 JUL 12 AM 10: 14
(305)852-3216 Fax: (305)852-0199
M 71A
PROOF OF PUBLICATION �'r '4 r^r �atl_ cs .
qr xit� �ln�l
STATE OF FLORIDA 1 ""• �
�.a
COUNTY OF MONROE �a
�r
Before the undersigned authority personally
9 tY P Y
appeared DAVID GOODHUE who on oath, says I
that he is EDITOR of THE REPORTER, a weekly I'
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: p
June 25, 2010
u
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 asoopp`
second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for �u � - ,.,;
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
��rMoatd•
full compliance with Ch of the 11Mt
�Rlorida M+•as�11 ,
State Statutes )aegal and, Official
Advertisements.
s
Swor to and s scribed before me this 25th " h'
day of June, 20 0. �
" r"'
TO FLAY._
MAR6ARETJ ENNUNr
my fSS10ii1OWN198Y
MONROE COUNTY COURTHOUSE c°UAl?). BRANCH OFFICE:
500 WHITEHEAD STREET,SUITE 101 Q�; .�y., PLANTATION KEY
KEY WEST,FLORIDA 33040 °: '" GOVERNMENT CENTER
TEL.(305)294-4641 :* 88820 OVERSEAS HIGHWAY
FAX(305)295-3663 PLANTATION KEY,FLORIDA 33070
TEL.(305)852-7145
BRANCH OFFICE: FAX(305)852-7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON,FLORIDA 33050 50 HIGH POINT ROAD
TEL. (305)289-6027 MONROE COUNTY PLANTATION KEY,FLORIDA 33070
FAX(305)289-6025 www.clerk-gf-the-court.com TEL.(305)852-7145
February 8, 2013 FAX(305)853-7440
Municipal Code Corporation
PO Box 2235
Tallahassee FL 32316-2235
Via e-mail
Dear Ms. Cloud,
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
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 26; 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 1
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 II
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
(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&25 3
r
r
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 6: 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 16ththis day of January , 2013.
Mayor George Neugent Yes_
Mayor Pro Tern Heather Carruthers
es
Commissioner Danny Kolhage Yes
Commissioner David Rice Yes.
Commissioner Sylvia Murphy _Yrse�
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA)4"
le. - Y
By
Mayor George Neugent
(SEAL)
ATTEST: Amy Heavilin, Clerk Ad Interim
B 4�y
Deputy CI rk
d0donE COu TMRNEY jn
ROVED F
Onto:
O
� w �
-rt 71
..'.D r rn CD
r';
r o
80
rn
Cl)
CA
Ord.Changing Ch.17&25