Ordinance 034-1997Mayor Douglass
ORDINANCE NO 034 -1997
AN ORDINANCE PROHIBITING FISHING BY PEDESTRIANS FROM THE TOM'S HARBOR
CHANNEL COUNTY BRIDGE; PROVIDING FOR PENALTIES AND AN ENFORCEMENT
PROCEDURE; 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, it is detrimental to traffic safety and it is dangerous to human life for
pedestrians to fish from the Tom's Harbor Channel County Bridge; ~
WHEREAS, the Board of County Commissioners of Monroe County, Florida-, has decided
that it is appropriate and necessary to prohibit fishing by pedestrians from that bridge; and-'
WHEREAS, Secs. 125.01(4), 316.008, and 316.130(1), Florida Statutes, authorizes suc- an .
ordinance; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that:
Section 1. Fishing by pedestrians is hereby prohibited from or on any portion of Tom's
Harbor Channel County Bridge.
Section 2. The County Public Works Director is instructed to have traffic control devices
posted on the approach to Tom's Harbor Channel County Bridge and on the bridge itself
warning of the fishing prohibition.
Section 3.
(a) Violations of this ordinance are noncriminal traffic infractions subject to the
enforcement provisions of Sec. 318.14(1)-(6), FS.
(b) The penalty for a violation of this ordinance is that established by Sec. 318.18(1),
FS, for the violation of pedestrian regulations (15 dollar fine).
(c) This ordinance may be enforced by any law enforcement officer with authority to
arrest persons for the violation of statutes or ordinances regulating traffic or by traffic
enforcement officers employed by the County Sheriff, who may also issue citations for any
violations.
Section 4. If any section, subsection, sentence, clause or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 6. 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. This ordinance shall take effect immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida that this ordinance has
been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17thday of September 1997.
Mayor Douglass
Commissioner Harvey
a C nmmiccinnPr I nnrinn
'! Commissioner Reich
I It Commissioner Freeman
Attest: DANNY L. KOLHAGE, Clerk
UT
• gns.
NAL
yes
yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
n
APPROVED AS TO FORM
AaNAN LEGAL FF Y
B
RO RT ►y. E
DATE `-
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
i
I'm
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
5W WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
October 7, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL (305) 852-7145
FAX (305) 852-7146
Enclosed please find certified copies of Ordinance Nos. 034-
1997 and 035-1997, which are self-explanatory.
These Ordinances were adopted by the Monroe County Board of
County Commissioners at a Regular Meeting in formal session on
September 17, 1997. Please file for record.
Danny L. Rolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
... I a J.'.t C Q ".
Deputy Clerk
cc: Municipal code Corporation
Board of County Commissioners
Marine Resources Department, Reso. 1035-1997
Public Works Director, Reso. #034-1997
Sheriff Richard D. Roth, Reso. 1034-1997
County Administrator
County Attorney
File
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Office of International Relations
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of historical Resources
Division of Libras' and Information Services
Di,'ision of Licensing FLORIDA DEPARTMENT OF STATE
andra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
October 14, 1997
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
MEMBER OF THE FLORIDA CABINET
Historic Florida Keys Preservation Board
Historic Palm Beach County preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
Ringling Museum of Art
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated October 7, 1997, and certified copy each of Monroe County Ordinance Nos.
97-34 and 97-35, which were filed in this office on October 13, 1997.
Sincerely,
Liz Clow, Chief
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building • 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (904) 488-8427
FAX: (904) 488-7869 9 WWW Address http://www.dos.state.fl.us 9 E-Mail: election@nlail.dos.state.. l.us
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PROOF OF PUBLICATION
T
THE FLORIDA KEYS KEYNOTER
Published 'Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
Tom Schumaker
Before the undersigned authority personally appeared _�who on oath, says that he/she
Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice of Intention To
Consider Adoption of County Ordinance RE: Fishing Tom's Harbor Bridge
in the
IN THE MATTER OF: --
Court was published in said newspaper in the issues of
August 30, September 6, 1997
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news-
paper has heretofore been continuously published in said MONROE COUN-
TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been
entered as second class mail matter at the post office in MARATHON, in
said MONROE COUNTY, FLORIDA, for a period of one year next preceding
the first publication of the attached copy of advertisement; and affiant fur-
ther says that he has neither paid nor promised any person, firm. or corpo-
ration any discount, rebate, commission or refund for the purpose of secur-
ing this advertisement for publication in the said newspaper. (SEAL)
.••N' MARY LOU SOLLBERtiER /
�"� Notary Public, Stele of FlorM
• My comm. expires Off 4/00
(seal) Bonded By Service ins.
No. CCSGM77
�Psraglslh Knora (I OIMr I.D.
SWORN TO AND SUBSCRIBED BEFORE ME THIS
8th
nA V nR September A.D. 19 97
no.2768900
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
Center,
adoption of the fol
ty ordinance:
AN ORDINANCE I
FISHING BY -PI
FROM THE TQN
ING FOR AN EFFECTIVE DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is given
that if a person decided to ap-
ppeeefi`sny decision made by the
Bead with respect to any mat-
ter considered at such hearings
or meetings, he will need a re-
cord of the procee"s, and
that, for such purpose, he may
need to ensure that a vprElatkn
record of the is is
made, which record includes
the testimony 'and evidence
upon which the appeal is, to be
Copies of the abcve-referenced
ordinance are aveilebb for re-
view at the various public Nbrar-
ies in Monroe County, Florida.
Dated at Key West; Florida, this
2 Tst day of August, 1997.
DANNY L KOLHAGE,'
Clark of the Circuit Court
and ex officto Clerk of the Board
of County Commissioners of
Monroe County, Florida
Publish August 30, September
6, 1997.
Florida Keys Keynoter
l
Serving the Florida Keys
P.O. Box 1197 • Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8249
STATEMENT OF PROOF OF PUBLICATION
USPS #905580
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared NANCY J. THOMPSON, who on oath, says that she
is ADVERTISING EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal
advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being
a legal ad.
IN THE MATTER OF NOTICE OF INTENTION
IN THE Court, was published in said newspaper in the issues of 8/28/97 and 9/4/97.
Affiant further says that the said 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 Thursday), and has been entered as second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement;
and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount,
rebate, commission or refund for the purpose of securing this said advertisement for publication in the said
newspaper.
SEAL
SWORN TO AND SUBSCRIBED BEFORE ME THIS 4th DAY OF SEPTEMBER A.D. , 1197
ems,
NOTARY PUBLIC
OFFICIAL NOTARY SEAL
1PaY P&B�i KAREN E CUSHMAN J �-
MY COMMISSION EXPIRES: ° �' n CO 0#4 M MSER g51`� 1
bN Q CC647920
-7' Q9 My COMIAS" EXPIRES
FOF Fv0 AUG. 29,1998
NOTICE OF INTENTION TO CONSIDER
'AD9PTION OF CO TNTy nrrnnveNCE .
NOTICE IS HEREBY GIVEN TO WHOM ITMAYCONCERNthat
on Wednesday, September 17, 1997, at -10:00 A.M. at the Marathon
Government Center, 2798 Overseas Highway, Marathon, Monroe Coun-
ty, Florida, the Board of .County Commissioners of Monroe County,
Florida, intends to consider the adoption of the following County ordi-
nance:
AN ORDINANCE PROHIBITING FISHING BY PEDESTRIANS
FROM THE TOM'S HARBOR CHANNEL COUNTY BRIDGE; PRO-
VIDING FOR PENALTIES AND AN ENFORCEMENT PROCEDURE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OFORDI-
NANCES; AND PROVIDING -AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if
aperson decided to appeal any decision made by the Board with respect -to
any matter considered at such hearing or meeting, he will need a record of
the proceedings, and that, for such purpose, he may need to ensure that a
verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
Copies of the above -referenced ordinance are available for review at
the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 21st day of August, 1997.
DANNY L. KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
Published:8/28 and 9/4/97
The Reporter
Tavernier, FL 33070
74e
I
Serving the Florida Keys
P.O. Box 1197 • Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8249
STATEMENT OF PROOF OF PUBLICATION
LISPS #905580
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared NANCY J. THOMPSON, who on oath, says that she
is ADVERTISING EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal
advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being
a legal ad.
IN THE MATTER OF NOTICE OF INTENTION
IN THE Court, was published in said newspaper in the issues of 8128/97 and 9/4197.
Affiant further says that the said 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 Thursday), and has been entered as second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement;
and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount,
rebate, commission or refund for the purpose of securing this said advertisement for publication in the said
newspaper.
rc i n r
SEAL
SWORN TO AND SUBSCRIBED BEFORE ME THIS 4th DAY OF SEPTEMBER A.D. , 1"7
NOTARY PUBLIC
OFFNOTARY SEAL
MY COMMISSION EXPIRES: O�PRY PW KAREN E CUSHMAN
mWBER
CC647920
7 My OOMMISSION EXPIRES
`cOF VVO AUG. 29,1998
4OTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
i4OnCg'ISHEREBYGIVENTowHomrrMAYCONCERNthat,
on Wednesday, September 17, 1997, at 10:00 A.M. at the Marathon 1
Government Center, 27986verseas Highway, Marathon, Monroe Conn-
ty; Florida, the,Board of County Commissioners of Monroe C6uiity,
Florida, intends to consider the adoption of the following County ordi-
nanc6:
AN ORDINANCE PROHIBITING FISHING BXPEDESTRIANS
FROM THE TOWS HARBOR CHANNEL COUNTY BRIDGE; PRO-
VIDING FOR PENALTIES AND AN ENFORCEMENT PROCEDURE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE- OFORDII-..'
NANCES; AND PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if
ape'rson decided to appeal any decision made byttie Board with respect to
any matter considered at such hearing or meeting, be will tided a record of
the proceedings, and that, for such puirpose,-hemay need to ensure that a
i verbatim record.of'the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
- , -Copies of the above -referenced ordinance are available for review at
the Various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 21st'day of August, 1997.
DANNY L.K'OLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the.
Board of County Commissioners
ssioners e
of Monroe County, Florida .1
Published:8/28 and 9/4/97
The Reporter -
Tavernier, FL 33070
L---- --
Ajk
xv : k'v� , A —
r
r
Published" Dally
Key West, Monroe County, Florich 33040
STATE OF FLORIDA
COUNTY OF MONROE-
Before (lie undersigned authority personally appeared Randy G. Erickson, who on oath
says Ilia( lie is Advdriising Manager of Ilic Key West Citizen; a daily newspaper published
a( Key West in Monroe County, Florida; (fiat tier a((<-3ch(-,d copy of (he adverlisemen(, being
a le al notice
9
in the matter tot 0jc)(ey\ �
in the
Issues of -l- C„ . 7
c G_a- ;n ,)A 1
court, was published in said newspaper in (lie
ev ., .-e r <
Affiant further says ,that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) and has been entered as second-class mail matter at i the post office in
Key -West, in said Monroe County, Florida, for a period of 1 year next preceding the first
publication of the attached copy of advertisement; and affiant further says that he has nei-
ther paid nor promised any person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said news-
paper. ,
Sworn to and sul)',r;f'bQd I)�fore mr? (I)(,. day of
Personally K(Iowrl car Pro<luco(I Idowifica(Ion
1 Y1)(' Of Ic1r rtll(Ir-;111��rI l'rr1<Jt1<:c'rJ
(Signa(ure of Affianl)
- --. 1997
(Signature of o(wy Public)
(NaMie o(; Notary Pul?lic)
:..
Teresa Gayle Darling
MY; COMMISSION N CC585942 EXPIRES
a
September 17, 2000
'•� of N
BONDED THRU TROY FAIN INSURANCE, INC.
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY '
ORDINANCE
NOTICE IS.,HffAEBY GIVEN TO
WHOM IT MAY CONCERN that on;
Wednesday, September 17th, 1,997
at 10:00 AM, at the Marathon Gov-
ernment Center, 2798 Overseas"
Highway, Marathon, Monroe County,
Florida, the Board of County Com-
missioners of Monroe County, Flor-
ida, intends to consider the adoption
of the following County ordinance.
AN ORDINANCE PROHIBITING
FISHING BY PEDESTRIANS FORM
THE TOM'S HARBOR CHANNEL
COUNTY BRIDGE; PROVIDING
FOR PENALTIES AND AN EN-
FORCEMENT PROCEDURE;
PROVING FOR�SEVERABILITY;
PROVIDING FOR THE REPEAL OF
ALL.ORDINANCES INCONSISTENT'
HEREWITH PROVIDING FOR IN-
CORPORATION INTO THE MON- '
ROE COUNTY CODE OF ORDI-
NANCES; AND PROVING FOR AN
EFFECTIVE DATE.Pursuant to Sec-
tion 286.0105, Florida Statutes, no- A
tice is given that is a person decided 11
r to appeal any decision made by the I
I Board with respect to any matter
considered at such hearings or meet-
ings, he will need a record of the -pro-
ceedings, and that, for such purpose.,
he may need to ensure that a verba-
tim record of the proceedings is
made; which record includes the tes-
timony and-evidence-up_on which the,
appeal is to be based.
Copies of the above referenced or'di
nance are available-for-review_a` "'t
various public libraries in Monroe -
County, Florida.
Dated at Key West, Florida, this 21st
day of August, 1997.
DANNY L. KOLHAGE
Clerk of the Circuit Court
and ex -off icio Clerk of the. Board of,
County Commissioners of Monroe
'County, Florida
August 29th & September 5th, 1997
L -- - - -