Item Q08 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 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 Public Hearing to consider an Ordinance by Monroe County BOCC
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.
Pursuant to the hearing on August 21, 2013, wherein permission was sought to advertise, two versions
of the proposed ordinance are included in the backup materials. Version 1 remains unchanged from
previous the version presented to the BOCC. Version 2 eliminates the requirement that all recreational
vehicles must be registered in the name of the owner or the tenant of the property where they are
parked for storage.
PREVIOUS RELEVANT BOCC ACTION: On August 18, 2010 the BOCC approved Ordinance
025-2010. On January 16, 2013, the BOCC approved Ordinance 006-2013. On June 19th, 2013, the
BOCC continued this item. On August 21, 2013 the BOCC granted permission to advertise a Public
Hearing to consider adopting this Ordinance.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval of Revision 2
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 P OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM#
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7 MONROE COUNTY,FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMIMISSIONERS
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 PARJUNG AND STORAGE OF
14 VEHICLES AND WATERCRAFT ON PRIVATE PROPERTY
15 AND PUBLIC RIGHT-OF-WAY; PROVIDING FOR
16 SEVERAB ITY; PROVIDING FOR THE REPEAL OF ALL
17 ORDINANCES INCONSISTENT :WITH; 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 V41EREAS, 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
Version 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 (I) districts, all vehicles that are inoperative and/e
56 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(1) 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 O 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 vehicles and watercraft within any
74 residential land use district.
75
76 (a) "Prohibited Within any residential district no tpaeks tra le tmvel *-•,,;le. buseser- f
one ten er-
77 pT.a i,nrn ., u greater oity o ryati..na hi va 1v type units,typ as definedF.S.i c inn 0 ' . w yes ef 2 feet i
78 lengthand its egress of 8.5 feat in v4dth shall b va parkedstored en private t vAthin
79 e enclosed empletelygar-age. p g o land elear-ing equipment may 1 b parked of
80 s4er-ed en the same lot fer 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 any zoning district in
83 which residential use is allowed.
84
TYPE OF VEHICLE* PROHIBITED
Class 1-Class 2A(Light Duty Trucks 0 to 8,500 lbs.) Parking and storage prohibited in right-of-way within road
bed
Class 1-Class 2A(Light Duty Trucks 0 to 8,500 lbs.) Storage prohibited in right-of-way outside of road bed
Class 2B-Class 4(Light Duty and Medium Dpjy Trucks Parking and storage prohibited in right-of-way within road
8,501 to 16 OOO lbs. I bed
2
Version 1
Class 2B-Class 4(Lipht Duty and Medium Duty Trucks Storage prohibited in right-of-way outside of road bed
8,501 to 16 OOO lbs.
Class 2B-Class 4(Light Duty and Medium Duty Trucks Prohibited on private property unless screened completely
8,501 to 16,000 lbs.)With cabinet box platform rack,or from view from street or any other residential structure must
other equipment for purposes of carrying goods other than meet setbacks of land use district where located or contained
personal effects of passengers) in an enclosed area/ aza e.
Class 5(Medium Duty Trucks 16,001 to 19,500 lbs.) Parking and storage prohibited in right-of-way within and
outside road bed
Class 5(Medium Duty Trucks 16,001 to 19,500 lbs) Storage prohibited in right-of-way outside of road bed
Class 5(Medium Duty Trucks 16,001 to 19.5001bs.) 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.
Class 6(Medium Duty Trucks 19,501 to 26,000 lbs.) Parking and storage prohibited in right-of-way within and
outside road bed
Class 6(Medium Duty Trucks 19,501 to 26,000 lbs.) Storage prohibited in right-of-way outside of road bed
Class 6(Medium Duty Trucks 19,501 to 26,000 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 7 or 8(Heavy Duty Trucks 26,001 lbs.and up) Parking and storage prohibited on right-of-way within and
outside road bed
Class 7 or 8(Heavy Duty Trucks 26,001 lbs and up) Parking and storage prohibited on private property within all
land use districts except M Industrial.
Tractor trailer Parking and storage prohibited on right-of-way within and
outside road bed
Tractor trailer Parking and storage prohibited onRrivate property within all
land use districts exce t I Industrial.
Trailer Parking and storage prohibited in right-of-way within road
bed
Trailer Storage prohibited in right-of-way outside of road bed
Buses/Limos(greater than 10 persons for transport)as Parking and storage prohibited on right-of- within and
defined in F.S.320.01 (4) outside road bed
Buses/Limos(greater than 10 persons for transport)as Parking and storage prohibited on private property within all
defined in F.S.320.01 (4) land use districts except(I)Industrial.
For Hire Vehicle(less than 10 persons for transport) Parking and storage prohibited on right-of-way within and
outside road bed
Recreational Vehicles greater than 42'x 8.5'as defined in Parking and storage prohibited on right-of-way within and
F.S.316.515 outside road bed
Recreational Vehicles greater than 42'x 8.5'as defined in Prohibited on private property unless not visible from street
F.S.316.515 or from any other residential structure or contained in an
enclosed area/ az e. HABITATION PROHIBITED.
Recreation Vehicles,Campers,Cargo 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
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Version 1
Recreation Vehicles,Campers,Cargo Vans less than 42'x Only one recreational vehicle-type unit as defined in F.S.
8.5' as defined in F.S.320.01 320.01 shall be permitted on any one residential or mobile
home lot and unit must be registered in the name of the
gLqgerty owner or tenant. Habitation rohibited.
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 days
Watercraft that are wrecked,inoperative,partially Prohibited on private property unless screened completel
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 days in an enclosed area/ az ge.
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 00)das 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 properly unless screened com 1p etely
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 tates
lie txLent o Tr s ortation e eral lii�
Administration l-'lWffi
85 (b)Permissible (or "allowed"): ,
86 ,
87 : 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 aFfiele chapter shall be parked taking into account the
91 setback requirements as is set forth in part II of this Code.
92
93 (2)All vehicles parked or stored as per the provisions of this article
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
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Version 1
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
[02 (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 parked 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 and equipment, including those identified with a business logo services offered or
l 10 business identifiers shall be stored or parked taking into account the requirements set forth in the land use
l 11 district in which they are being parked 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
[16 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.
[26 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.
[30 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
l36 permit, and or other development approval application submitted after the effective date.
37
5
Version 1
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
144 Commissioner Sylvia J. Murphy
145 Commissioner David Rice
146
147
[48
[49 (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
MONROE COUNTY ATTORNEY
A 11112 VED AS T ORIWt:
STEVEN T. WILLIAMS
ASSISTANT CO' NTY ATTORNEY
Date
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Version 2
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4 a
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6
7 MONROE COUNTY,FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2013
10
11 AN ORDINANCE OF T BOARD OF COUNTY
12 COMMISSIONERS OF MONROE COUNTY AMENDING
13 SECTIONS 17-2 and 17-6 PARIaNG 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
Version 2
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 awe
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 anv 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 vehicles and watercraft within anv
74 residential land use district.
75
76 (a) "Prohibited Within any residential district,Be+.i*ks,+_.,ite-s,+, t +-' ', busesor- f
77 gr- I anj ", or-mer-entirn"., t, i J 1"+. units, ,e fine.] i F.S.' r 32001, r 42 ree4 in
.
78 length and in eyeess ef 8.5 feet in m4dth shall be parked er-stored en p4vale pwpeFty emeept y4fl3ja
79
80 stered on the same lot fer-whirah i4 is arAively being used to eeadurA the seepe of 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 anv zoning district in
83 which residential use is allowed.
84
TYPE OF VEHICLE* PROHIBITED
Class 1-Class 2A(Light Duty Trucks 0 to 8,500 lbs) Parking and storage prohibited in right-of-way within road
bed
Class 1-Class 2A(Light Duty Trucks 0 to 8,500 lbs) Storage prohibited in right-of--way outside of road bed
Class 2B-Class 4(Light Duty and Medium Duty Trucks Parking and storage prohibited in right-of-way within road
8,501 to 16,000 lbs.) bed
2
Version 2
Class 2B-Class 4(Light Duty and Medium Duty Trucks Storage prohibited in right-of
8501 to 16 OOO lbs. --way outside of road bed
Class 2B-Class 4(Light Duty and Medium Duty Trucks Prohibited on private property unless screened completely
8,501 to 16,000 lbs.)With cabinet box,platform rack,or from view from street or any other residential structure must
other equipment for ppMoses of carrying goods other than meet setbacks of land use district where located or contained
personal effects of passengers) in an enclosed area/ az e.
Class 5(Medium Duty Trucks 16,001 to 19,500 lbs) Parking and storage prohibited in right-of-way within and
outside road bed
Class 5(Medium Duty Trucks 16,001 to 19 5001bs) Storage prohibited in right-of-way outside of road bed
Class 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 26,000 lbs) Parking and storage prohibited in right-of-way within and
outside road bed
Class 6(Medium Duty Trucks 19,501 to 26,000 lbs) Storage prohibited in right-of-way outside of road bed
Class 6(Medium Duty Trucks 19,501 to 26,000 lbs) Prohibited on private property unless screened complete
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 7 or 8(Heav�Duty Trucks 26 001 lbs and up) Parking and storage prohibited on right-of-way within and
outside road bed
Class 7 or 8(Heavy Duty Trucks 26,001 lbs and up) Parking and storage prohibited on private pmperty within all
land use districts except I Industrial.
Tractor trailer Parking and storage prohibited on right-of-way within and
outside road bed
Tractor trailer Parking and storage prohibited on private property within all
land use districts except I Industrial.
Trailer Parking and storage prohibited in right-of-way within road
bed
Trailer Storage prohibited in right-of-way outside of road bed
Buses/Limos(greater than 10 persons for transport as Parking and storage prohibited on right-of--way within and
defined in F.S.320.01 4 outside road bed
Buses/Limos(greater than 10 persons for transport)as Parking and storage prohibited on privateRroperty within all
defined in F.S.320.01 (4) land use districts except(Il Industrial
For Hire Vehicle(less than 10 persons for transport) Parking and storage prohibited on right-of-way within and
outside road bed
Recreational Vehicles greater than 42'x 8.5' as defined in Parking and storage prohibited on right-of-way within and
F.S.316.515 outside road bed
Recreational Vehicles greater than 42' x 8.5'as defined in Prohibited on private property 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 Cargo 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
Version 2
Recreation Vehicles,Campers Cargo Vans less than 42'x Only one recreational vehicle-type unit as defined in F.S.
8.5' as defined in F.S.320.01 320.01 shall be permitted on any one residential or mobile
home lot. 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 read forhighway use for a period of meet setbacks of land use district where located or contained
30 days in an enclosed area/ ara e.
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/garage,
Vehicles unlicensed for a period of ten(10)dus Parking and storage prohibited on right-of-way within and
outside road bed
Vehicles unlicensed for a period of ten G 0)das 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/Igappe.
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. United States
e argent o rags o do e e Ali iwa
Administration-LEHWA
85 (b)Permissible(or "allowed"): "" ether-,... &s and a trailers, ineluding all_le --L_-.L--il---
K V
86maypaf '
on private pr-epeAy
87 in any distfie4pufsuai#to the fellewifig eendifiefis- 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 affiele chapter shall be parked taking into account the
91 setback requirements as is set forth in part II of this Code.
92
93 (2)All vehicles parked or stored as per the provisions of this aF iele
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
Version 2
V VsP V 1L�,.1J,.V
100 &w%er-or-the tenant of the property where th"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 (5)All equipment, including construction landscaping or land clearing equipment and vehicles may only
106 be narked 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 6 All vehicles and equipment, including those identified with a business too services offered or
110 business identifiers shall be stored or parked taking into account the requirements set forth in the land use
III district in which they are being parked 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
l23 appropriate federal, state, or county law,rule code or regulation,the more restrictive shall apply.
124
25 Section 5. Filing.
26 This Ordinance shall be filed with the Department of State and shall be effective as provided in Chapter
.27 125.66(2)Florida Statutes.
.28
.29 Section 6. Inclusion in the Monroe County Code.
30 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the
31 County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered
32 to conform to the uniform marking system of the Code.
33
.34 Section 7. Effective Irate.
35 This ordinance shall become effective as provided by law and stated above. This ordinance applies to any
36 permit, and or other development approval application submitted after the effective date.
37
5
Version 2
138 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
[39 regular meeting held on the day of . 2013.
140
141 Mayor George Neugent
142 Mayor Pro Tem Heather Carruthers
143 Commissioner Danny Kolhage
144 Commissioner Sylvia J. Murphy
145 Commissioner David Rice
146
147
[48
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
MONROE COUNTY ATTORNEY
A P D A3 T ORRwI:
STEVEN T. WILLIAM'5
ASSISTAN iITY ATTORNEY
Date �u°
6
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent,District 2
U I�TYSoONROE Mayor Pro Tem,Heather Carruthers,District 3
Danny L.Kolhage,District 1
OCKEYvvEs(3oaion mono David Rice,District 4
taost zsn�sa� Sylvia J.Murphy,District 5
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Robert B.Shillinger,County Attorney" Office of the County Attorney
Pedro J.Mercado,Assistant County Attorney++ 1111 12"Street,Suite 408
Susan M.Grimsley,Assistant County Attorney** Key West,FL 33040
Natileene W.Cassel,Assistant County Attorney** (305)292-3470—Phone
Cynthia L.Hall,Assistant County Attorney*+ '"`, (305)292-3516—Fax
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
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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The gross vehicle weight rating(GVWR),or gross vehicle mass (GVM) is the maximum operating weight4mass of
a vehicle as specified by the manufacturerLIj including the vehicles chassis,body, engine, engine fluids, fuel,
accessories, driver,passengers and c o but excluding that of any Crailers.f2l The term is used for motor vehicles and
trains.
Ton rating: When domestic light-duty trucks were first produced, they were rated by their p4yLoad capacity in tons
(e.g., Y2-, 3/— 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 (Y2-ton). The Ford F-250, Chevy 20, Chevy/GMC 2500, and Dodge 2500 are
three-quarter-tons (3/-ton). Chevy/GMC's 3/-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 (1-ton).
Similar schemes exist for vans and SUVs (e.g., a 1-ton Dodge Van or a %2-ton GMC Suburban),medium duty trucks
(e.g. the Ford ton-and-a-half F-450) and some military vehicles, like the ubiquitous deuce- -a-half.
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.
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Mayor Murphy
ORDINAN NO. 025 — 2010
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY9 FLORIDA AMINDING MONROE COUNTY CODE
CHAPTERS19 AND 25; PROVIDING CLARIFICATION OF PRO
USES OF RIGHTS-OF-WAY; PROVIDING FOR LIMITATION ON
ATTEMPTS TO CIRCUMVENT THE"PEALS PROCESS BY EXCLUDING
THE SUBMISSION OF NEW APPLICATIONS OR REQUESTS FOR
CLARIFICATION TO START THE APPEAL TIME PERIOD RUNNING
ANEW; PROVIDING S; PROVIDING ADD ONAL
ENFORCEMENT' MEASURES AND PROCEDURES;- PROVIDING FOR
INCREASED FEES FOR ; PROVIDING FOR SE ;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HE PROVIDING FOR INCORPORATION H470 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
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.Ord Amend ch 19 and 25 Page 1 of 12
As approved BOOC 9/1V10
NOW THEREFORE BE ' O D BY TBE BOARD OF' COUNTY
COMMISSIONERS OF CIO OE CO A:
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 road means a road carrying a higher volume of tragic 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 subgovernmemal 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.
Pernuttee 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.CIL 19 and 25 Page 2 of 12
As approved BOCC 8/1 8/10
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, sheet, 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).
SE ON 2. Section 19-33,Monroe County Code, shall be amended to read:
See. 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 sheets 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.
SECMON 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
1945 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.
c°•AUr•Ord Amami Ch.19 and 25 Page 3 of 12
As approved mac:VIVIO
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 ,flood as or better than that
which existed prior to construction.
Co.Atty.Ord Amend.Ch.19 ad 25 Page 4 of 12
As approved HOCC 8/19/10
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 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.
SE ON 10. Section 1943(bxl),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 1.1. 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 (b)(1) of this
section;
SECTION It 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.,4ay.Ord Amend Ch.19 and 25 Page 5 of 12
As W B0M s/Is/10
SE Ohl 13. Section 19-43(d),Monroe County Code, shall be amended to read:
Section 19-43(d Fps.
(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(dx2)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
trench or soakage pit of lengths not to exceed 100 lineal feet $30.00
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
driveway) 15.00
For driveway width greater than 40 feet(each driveway) 20.00
co.nuy.om Amend.ch.19 end 25 Page 6 of 12
As approved HOCc F/18/l0
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
Co.Auy.Ord Amend Ch.19 and 25 Page 7 of 12
As approved BOCC 9/19110
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:
See. 1 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. 19-45 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.AW.Ord Amend Ch 19 and 25 Page 8 of 12
As approved BOCC 8/19/10
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.1946. 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 1947,Monroe County Code, shall be amended to read:
See. 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. 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. ff 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.My.Ora Amend Ch 19 ad 25 Page 9 of 12
As approved BOM 8/18/10
SECTION 1& Section 1948, Monroe County Code, shall be amended to read:
Sec. 194& 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 1943(b).
SECTION 19. Section 25-5,Monroe County Code, shall be created to read:
Sec.25-5. Prohibition of obstruction,of
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:
Sec. PenaftieL
(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•Altr•Ord Amend.Ch.19 and 25 Page 10 of 12
As approved BOCC 8/19/10
SECTION 21. Section 25-35, Monroe County Code, shall be amended to read:
Sec.25-31 ParlChig oftraclu4 trailen and travel trailers,sto
(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 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.nny.Ord Amend.Ck 19 and 25 Page 11 of 12
As approved E00C 8/19/10
SECTION 22. SEVERABELJTY. 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 thereon 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. EMCT11VE 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 day of August, 2010.
Mayor Sylvia Murphy Yes
Mayor Pro Tem Heather Carruthers Yes
Commissioner George Neagent Yye,
Commissioner Mario Di Gennaro Yes
Commissioner Kim'"VI+"igington Yes
(SEAL) 130 OF COUNTY COMMISSIONERS
Attest: DANNY 1,KOLHACE, Clerk OF MONROE COU ,FLORIDA
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C-AW.ore Amend Ch.19 and 25 Page 12 of 12
As approved BOCC 8/18/10
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 174; PROVIDING FOR MOVEMENT OF
PROHIBITIONS REGARDING PARKING AND STORAGE OF TRUCKS, TRAILERS
AND TRAVEL TRAILERS FROM SECTION 25-35 TO SECTION 174; 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:
i
(1) All vehicles 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.
a
(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
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 16ththis day ofJ _„2013.
Mayor George Neugent Yes
Mayor Pro Tern Heather Carruthers Yes
Commissioner Danny Kolhage 4� 'des
Commissioner David Rice ----YAg
Commissioner Sylvia Murphy VPQ
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By .
Mayor George Neugent
(SEAL)
ATTEST:Amy Heavilin, Clerk Ad Interim
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Ord.Changing Ch.17&25 4