Ordinance 063-1997
County Attorney
ORDINANCE NO. 063 -1997
AN ORDINANCE DECLARING THAT AN EMERGENCY EXISTS A~q:w~IVI~~ -.,
NOTICE BY A FOUR-FIFTHS VOTE; AMENDING SECTION l':.6.?MQNRDE ;-
COUNTY CODE, IN ORDER TO PROVIDE THAT, WITHIN A NE\V~Y-CREAteb Vl
MUNICIPALITY, MONROE COUNTY ORDINANCES IN EFFECT ON TH~D~TE T,H,~ ~1
MUNICIPALITY CAME INTO EXISTENCE WILL CONTINUE IN EFFEeTcfOR ONE ;a
YEAR OR UNTIL SUPERSEDED BY THE CITY COUNCIL OR cQMM.SSION:,
WHICHEVER EVENT OCCURS FIRST, EXCEPT FOR COUNTY ~DINANCfS ~;
SPECIFICALLY SUPERSEDED OR MODIFIED BY THE CITY CHARTE~-<PRO~.DntG 3:~
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES tNCONSISTENl CJ
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCE!; PROVIDI~
FOR AN EFFECTIVE DATE.
WHEREAS, the Islamorada, Village of Islands, (hereafter the Village) will
commence existence as a municipality on December 31, 1997;
WHEREAS, there will be no Village Council capable of adopting municipal
ordinances until March 28, 1998;
WHEREAS, Sec. 1-5, Monroe County Code (MCC), provides that the Monroe
County Code applies only in the unincorporated areas of Monroe County;
WHEREAS, Sec. 1-5, MCC, unless immediately amended, would have the effect
of voiding on December 31, 1997, all provisions of the Monroe County Code presently
in effect within the Village except the County's comprehensive plan and land
development regulations which are carried forward by the Village charter;
WHEREAS, Art. 8, Sec. 1 (f), Fla. Cons't., allows the ordinances of non-charter
counties to be effective within municipalities to the extent that the county ordinance is
not in conflict with a municipal ordinance;
WHEREAS, to assure that there is not a vacuum between December 31 st and
March 28th in the effectiveness of ordinances on mundane but important subjects such
as animal control, noise abatement or the hours of sale of alcoholic beverages; now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. An emergency is hereby declared and notice waived by a four-
fifths vote.
Section 2. Section 1-5, MCC, is hereby amended to read as follows:
g..J. Except as otherwise provided, the provisions of this code
shall apply in, and only in, the unincorporated areas of the county.
b.) In the case of a newly created municipality, the County
ordinances in effect on the date the municipality comes into existence
will remain in effect for one year from the date the municipality came into
existence or until superseded by the action of the city councilor
commission, whichever event occurs first. This subsection does not apply
to a County ordinance whose effectiveness within the municipality is
specifically superseded or modified by the municipal charter.
Section 3. 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 4. All Ordinances or parts of Ordinances in conflict with this
Ordinance are hereby repealed to the extent of said conflict.
Section 5. The provisions of this Ordinance shall be included and
incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
2
addition to amendment thereto, and shall be appropriately renumbered to conform to
the uniform numbering system of the Code.
Section 6.
This Ordinance shall take effect when a certified copy of this
Ordinance has been accepted by the postal authorities of the Government of the
United States for special delivery by registered mail to the secretary of State of the
State of Florida in accordance with the provisions of Florida Statute 125.66(3).
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 10th day of
December
,1997.
Mayor Jack London
Mayor Pro Tem Wilhelmina HaNey
Commissioner Keith Douglass
Commissioner Shirley Freeman
Commissioner Mary Kay Reich
absent
yes
yes
absent
yes
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF ~ROE CqUNTY, FLORIDA
BY.r\.,U;.'~~&J ~-.",-~ ~"'~
Mayor/Chairman
By ~M().4~~
Deputy Clerk
Effective Date
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BRANCH OmCE
3117 OVERSEAS HIGHWAY
MARA mON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
SOO WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
December 30, 1997
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
Enclosed please find certified copies of Ordinance Nos.
053-1997 thru 063-1997, which are self-explanatory.
These Ordinances were adopted by the Monroe County Board of
County Commissioners at a Regular Meeting in formal session on
December 10, 1997. Please file for record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
~~Q.~~
Deputy Clerk
cc: Municipal Code Corporation
Board of County Commissioners
County Administrator
County Attorney
Growth Management Director
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FLORIDA DEPARTMENT OF STATE
Sandra B. Mortharn
Secretary of State
DIVISION OF ELECTIONS
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
January 5, 1998
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Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated December 30, 1997, and certified copy each of Monroe County Ordinance
Nos. 97-53, 97-54, 97-55, 97-56, 97-57, 97-58, 97-59, 97-60, 97-61, 97-62, and 97-63,
which were filed in this office on January 5, 1998.
Sincerely,
'\R ~[)
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Liz Cloud, 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) 4~~'1~9 · WWW A,~,l ""c~<; hHp://www.dos.state.fJ.us . E-Mail: I'll'ctiol/@/l1I1il.do:-;.:-;fillc/l.lIs