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Ordinance 018-1996 ,. ORDINANCE NO. 018_1996 Community Services AN ORDINANCE ESTABLISHING RULES OF CONDUCT AT THE VARIOUS MONROE COUNTY PUBLIC LIBRARIES BY PROVIDING THAT THE COUNTY L1BRAR~S ARE A...~ LIMITED PUBLIC FORUM; PROVIDING THAT LIBRARY PATRONS MAY ONL~N<;;AGEa\ IN READING, STUDYING, USING LIBRARY MATERIALS OR ATTENDING SCJ;:I~LED~ EVENTS; PROHIBITING LIBRARY PATRONS FROM BEING INTOXICATED OR~ SOLICITING MONEY OR VALUABLES FROM OTHER PATRONS; PROHIBITING THE USE ~ OF LIBRARY RESTROOMS FOR SHAVING, LAUNDRY, OR BATHING P~tRflOSES; PROHIBITING THE HARASSMENT OR ANNOYANCE OF OTHER LIBRARY PATRONS :1:= THROUGH TALKING, NOISE, AUDIO EQUIPMENT, STARING, OR OTHER ANNOYING ~ BEHAVIOR; PROHIBITING INTERFERENCE WITH OTHER LIBRARY PATRONS OR ~ LIBRARY STAFF; REQUIRING THAT LIBRARY PATRONS WEAR SHIRTS AND SHOES AND NOT HAVE BODILY HYGIENE SO OFFENSIVE AS TO BE A NUISANCE TO OTHER PERSONS; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS; PROVIDING FOR POSTING OF LIBRARY RULES IN ENGLISH AND SPANISH; PROVIDING THAT THE ORDINANCE IS EFFECTIVE AT COUNTY LIBRARIES IN THE UNINCORPORATED AREAS AND MUNICIPALITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Each branch of the Monroe County public library is declared to be a limited public forum that must be managed to foster a quiet and orderly atmosphere conducive to every library patron I s constitutionally protected interest in receiving and reading written communications. Section 2. In order to best protect the constitutional rights described in Section 1, the following rules of conduct for library patrons are adopted for all Monroe County public libraries: aJ Library patrons must be engaged in activities associated with the use of a public library while in the building. Library patrons not engaged in reading, studying, using the library materials, or attending scheduled on-site programs, must leave the building. -Tl ..- . m o .,., :~ :::c ~):J :""1 n CJ ...... /..1 "-,1 - b) Library patrons may not be intoxicated while in the building. c) Library patrons may not solicit money or other valuable consideration from other persons while in the building. d) The library restrooms are only for the temporary convenience of library patrons. Library patrons may not use the restrooms for shaving, washing clothes or bathing. e) Library patrons must respect the constitutional rights of others as described in Section 1 and must not harass or annoy others through noisy or boisterous activities. by staring at another person with the intent to annoy that person. by following another person about the building with the intent to annoy that person, by playing a walkman or other audio equipment so that others can hear it, by singing or talking to others or talking in monologues, or by behaving in a manner that reasonably can be expected to disturb other library patrons. f) Library patrons must not interfere with the use of the library by other patrons or interfere with library staff in the performance of their duties. g) Library patrons may not enter the building without a shirt or other covering of their upper bodies or without shoes or footwear. Library patrons whose bodily hygiene is offensive so as to constitute a nuisance to other persons must leave the building. Section 3. A library patron who violates the library rules of conduct described in Section 2 must be informed of the violation and asked to leave the building by the library supervisor on duty at the time of the violation. A violator who refuses to leave the building after being so requested commits the offense of trespass in a structure as set forth in Sec. 810.08. Fla. Stat., and the library supervisor must then contact the appropriate police department or the Monroe County Sheriff's Department for assistance. 2 Section 4. Copies of the library rules set forth in Section 2, in both English and Spanish, must be prominently displayed at the public entrance to each library building. Section 5. As authorized by Article 8, Sec. 1. Fla. Const. (1968), this Ordinance is effective at County library locations in the unincorporated area of Monroe County and within the municipalities. Section 6. 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 7. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 8. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 9. 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 that Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of March , 1996. Mayor Shirley Freeman Mayor Pro Tem Jack London Commissioner Wilhelmina Harvey Commissioner Keith Douglas Commissioner Mary Kay Reich yes yes yes yes yes (SEAL) ATTEST: BY~C.. \::1;~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS ~:c-LOR1DA .e- . J~...v May, Chairman Effective Date presord/library.ord TO FORM AND 3 County Attorney , :r. '!;J, f" .ann!'! I.. .'lbllt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARA lEON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT ~OURT MONROE COUNlY SOO WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 April 1, 1996 BRANCH OPPlCS 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852.7145 PAX (305) 852-7146 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws The Elliott BuUding 401 South Monroe Street Tallahassee, FL 32399-0250 Dear Mrs. Cloud: Enclosed please find certified copies of Ordinance Nos. 015-1996 through 021- 1996, which are self-explanatory. These Ordinances were adopted by the Monroe County Bc>ard of County Commissioners at a Regular Meeting in fonnal session on Maret 20, 1996. Please file for record. , " , , Danny L. Kolhage Clerk, of Circuit Court and ex officio Clerk to the , Board of County Commissiolle , By: Isabel C. DeSantis Jb~C.l)~J Deputy Clerk cc: Municipal Code Corporation County Coml11issioners County Administrator County Atto~y . Community Services Director, 018, 020, '" 021-1996 Growth Management Director, 015, 016, 017, 01', 020..1 vFUe I 'I I &: ; f t' I ' Z 259 910 197 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) ~ - LHllD SlATU P'OSlAl.. tlJMC( i Chief ng s; e as ~ o o CIO CO) E l5 u.. en a.. 021-1996 DIVISIONS OF FLORIDA DEPARTMENT OF STATE om....!: of the Secn:lary Din"ion of Administrative Ser\'il.'cs Oi\o'isiun of ('ol"poratums Di\'isitln of Cullural Affair.. Divisilln l,r Ekl:linns Di..iMon c,lf Historical RC-StlUr\:Cloo D1\i:-.iun Ill' Lihrary and Inhln11i.lliun Ser\'i..,cs Di\i..inn 01' Li,,:cnsin~ HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board His((lril.: Palm Bcal'h (\lUnty Preservation Board HislmiL" PCllsacnl.1 Prc!'icrvution Board Hi"'lmil' St. AugU!>ilinc Preservation Board Ili...hlric Talluhasscc Preservalion Board Hislnrk TampalHillshorough County. PreservatIOn Bnuril MEMBER OF THE FLORIDA CABINET RING LING MUSEUM OF ART April 4, 1996 -, ~ -,.., ~"j :J::> C1 -0 ::0 I _.'~ \0 ::t:> \0 ('...... N --~ w ", ~ z Honorable Danny L. Kolhage Clerk to Board of County Commissioners Monroe County 500 Whitehead Street Key West, Florida 33040 ;r. 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 April 1, 1996 and certified copy each of Monro.e County Ordinance Nos. 15-1996 through 21-1996, which were filed in this office on April 3, 1996. S~lY' ~ Liz Clo~Chief Bureau of Administrative Code LC/mw BUREAU OF ADMINISTRATIVE CODE T}1e ElliotBuilding · 401 South Monroe Street · Tallahassee, Florida 2399-0250 · (904) 488-8427 FAX: (904) 488-7868 . WWW A~d~\3 i\ttiY.'l!wWW..~,{)IMJtQ~,n,"~ · E. ail: election@maiLdos.stalejLus I • da, M,,, r n CODECORPORATION 2 P r,. .� ,� L'JI.i AL 7 1-J : H �` ' K rtment � • .i� );77_ 1 tip .. .-..- Suppleeent De.p o i : : . ._ _ _-... PO Box 2235 � 9., m� '% ' '--- .. Tallaha=_see, Fi�32316-2235 - 44 x �= Supplement 60 I 1 _ 04/09/96 1 - II . We have received the following material. Thank you for your assistance and cooperation. :,- Ordinance Nos, 015-1996, 016-1996, 017-1996, - . 319-1996, 019-1996, 020-1996 and 021-1995. TD1 Ms, Isabel C. DeSantis • Deputy Clerk Monroe County PO Box 1990 1 Key Hest, FL 33040 1 I am 1-B00-262-CODE (Kati .. , ASK US ABOUT BIASING . I'' Visit our hoad0'Jlt�e 0 ..•: , '.1i,11iii11J1ti,i1,�1,id1i„fil�li�l��l�ll�nf��l�ll�+��i11�1 '-` : �--` .-.. --.- _. .... - - -.---.. -,-"_...- -..-.-. ...... -. -.-.-.-... .._-- ~UNTr,IOAL ~ODE C1RPORATTON Sunplelent Departaent PO Box 2235 I! Tallahassee, Fl J2316-2235 Suppleaent 60 i04(O~/96 We have received the folloving laterial. Th3nk tOU for your assistance and cooperation. Prdioance Nos. 015-1996, 016-1996, 017-1996, .p18-l99b, 019-19%, 020-19% and 021-1995. ____.---r___ v. ',,- , .~ TO: 113, Isabe I C. !!eSant is Deputy Cl'.:'rk lIonrCle County PO Box 1980 Key West, Fl 33040 I-BOO-262-CODE (Nati~ ASK US ABOUT IMAGING Visit our hOI~!fA~e @ ",~IIllII,II.."IHIUlII",m,l"IIlI,II'IlI..',lItltUn" _._..L.-_ ~- ~..._._~~,~---,..-...._- ,-- PROOF OF PUBLICATION Of ... THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) . h . II Tom Schumaker h . Before the undersIgned aut onty persona y appeared ______~____ who on oat ,says that he/she I: ____!ubli~~e.:~__ 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 ". ConSloer Adoptlon of IN THE MATTER OF: Monroe County Public Libraries County Ord~n~nc~ 0 _ in the COurt was published in said newspaper in tbe issues of Jan. 27, Feb. 10, 1996 .....-- - ------- ---------------.... Alliant further says that t6e said FLORIDA KEYS KEYNOTER is a newlpaper at MARATHON, in said MONROE COUNTY, FLORIDA. and that the said news- paper has heretofore been continuoully published in said MONROE COUN- TY. FLORIDA. twice each week (on Wednesday and Saturday) and hal been entered al second class mail matter at the post office in MARATHON. in said MONROE COUNTY. FLORIDA. for a period of one year next precedinl 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 newlpaper.(SEAL) SEE REVERSE (seal) 13th 96 i. no.7350600 NOTICE OF INTENTION TO . CONSIDER ADOPTION OF • COUNTY ORDINANCE - NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, February 21, 1996,at 10:00 a.m.at-the Key Largo Library,Tradewinds Shop- ping Center,Key Largo,Monroe County, Florida, the Board of County Commissioners of Mon- roe County, Florida, intends to consider the adoption of the fol- - •lowing County ordinance: ' AN ORDINANCE ESTABLISHING RULES OF CONDUCT AT THE VARIOUS MONROE COUNTY •i PUBLIC LIBRARIES BY PROVID- .ING -THAT THE COUNTY LI- 'BRARIES ARE A LIMITED PUB- LIC FORUM;PROVIDING THAT LIBRARY PATRONS MAY ONLY -ENGAGE IN READING,STUDY- -ING,USING LIBRARY MATERI- ' ALS OR ATTENDING SCHED- 1 ULED EVENTS;PROHIBITING LI- BRARY-PATRONS FROM BEING INTOXICATED OR SOLICITING 'MONEY OR VALUABLES FROM OTHER PATRONS; PROHIBIT- ING THE USE OF LIBRARY RE- ,STROOMS FOR SHAVING, LAUNDRY, OR BATHING PUR- POSES; PROHIBITING THE HA- -RASSMENT OR ANNOYANCE OF OTHER LIBRARY PATRONS THROUGH . TALKING, .NOISE, AUDIO EQUIPMENT,STARING,, OR OTHER ANNOYING BEHAV IOR; PROHIBITING INTERFER- ENCE WITH OTHER LIBRARY PATRONS OR LIBRARY STAFF;. REQUIRING THAT LIBRARY PA- TRONS.WEAR SHIRTS "AND' SHOES AND NOT HAVE BODILY HYGIENE SO-OFFENSIVE AS TO' BE A NUISANCE TO.OTHER j PERSONS;PROVIDING FOR EN- FORCEMNET AND,PENALTIES I FOR VIOLATIONS; PROVIDING FOR POSTING OF LIBRARY I RULES IN ENGLISH AND SPAN- ISH;PROVIDING THAT THE OR- DINANCE IS EFFECTIVE AT COUNTY LIBRARIES IN THE UN- - INCORPORATED AREAS AND .'MUNICIPALITIES; _PROVIDING FOR SEVERABILITY; PROVID- ING FOR INCORPORATION INTO THE MONROE COUNTY CODE s OF ORDINANCES; PROVIDING. FOR THE REPEAL OF ALL ORDI- NANCES INCONSISTENT HERE - WITH;-AND PROVIDING AN EF- FECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes,notice"is.given 'that if a person decided to appeal any decision made by the Board • i with respect to any matter con • - sideredat such hearings or meet- " __ ings,he will need a record of the proceedings,and that,for such purpose,he may need to ensure ,-that a verbatim record of the pro- 'ceedings is made,which record includes the testimony and evi- dence 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 5th day of January,1996. DANNY L.KOLHAGE, Clerk of the Circuit Court and es officio Clerk of the Board of County Commissioners of Monroe County,Florida Publish Jan.27,Feb.10,1996 Florida Keys Keynoter .B,.(.)~Cr ~ KEr'J,WEST ITIZEN .3':tAn%tmtN:ttt:m:F:WW>t+W,:t:t@R,U:}~;}::::::\:$aJ,::hJ.::)L):Kt:>;,t\:.::.::\~? Published Daily Key West, Monroe County, FIOlida 33040 STATE OF FLORIDA COUNTY OF MONROE; Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Advertising Manager of the Key West Citizen; a daily newspaper published at Key West in Monroe County, Florida; that the attached copy of the advertisement, being a legal notice in the matter of ---FO:t.l '0e o~ :{" t~'" 1:\'<.) l"\ I RV\..1.....s 0 f-- ~V'ld'<.e. t in the n{ 0- issues OL_-jc. "'0.0..''''( ~ I S+ J- court, was published in said nftwspaper in the ~ brVL<A.", '-l.Jot., I lvt'lb 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 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 subscribed before me thi (Signature of Affiant) , 1996 . . ff' / ':~"C-~'" (Name of Notary Public) Expires .1.';/;, !"' I;"'~" persona? n;;m -=::or Produced Identification _. h/'x ", "'IC';A"";'~' ;'(:C~S412' . [5u~~~.!~~_~~~:::~'?;~;;;::~;"~~~ii~' l;l~~~vYijWfS Type of Identification Produced .--------- -- NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHO IT MAY CONCERN that on Wednesday February 21, 1~96 at 10:00 a.m. at the Key Largo Library, Tradewinds .3hopping Center, Key Large Monroe County, Florida, the Board' of County Commissioners of Monroe County, Florida, Intends to consider the adoption of the follow- ing County ordinance: AN ORDINANCE ESTABLISHING RULES OF CONDUCT AT THE VARIOUS LIBRARIES BY PROVID- ING THAT THE COUNTY LIBRAR- IES ARE A LIMITED PUBLIC FO- RUM; PROVIDING THAT THE LI- BRARY PATRONS MAY ONLY EN- GAGE IN READING, STUDYING AND USING LIBRARY MATERIALS OR ATTENDING SCHEDULED EVENTS; PROHIBITING LIBRARY PATRONS FROM BEINGINTOXI- CATED OR SOLICITING MONEY OR VALUABLES FROM OTHER PA- TRONS; PROHIBITING THE USE OF LIBRARY RESTROOMS FOR SHAVING,LAUNDRY OR BATHING PURPOSES; PROHIBITING THE HARASSMENT OR ANNOYANCE OFOTHER LIBRARY PATRONS THROUGH TALKING, NOISE, AU- DIO EQUIPMENT, STARING OR OTHER ANNOYING BEHAVIOR; PROHIBITING INTERFERENCE WITH OTHER LIBRARY PATRONS OR LIBRARY STAFF; REQUIRING THAT LIBRARY PATRONS WEAR SHIRTS AND SHOES AND NOT HAVE BODILY HYGIENE SO OF- FENSIVE AS TO BE A NUISANCE TO OTHER PERSONS; PROVIDING FOR ENFORCEMENT AND PENAL- TIES FOR VIOLATIONS, PROVID- ING FOR POSTING OF LIBRARY RULES IN ENGLISH AND SPANISH; PROVIDING THAT THE ORDI- NANCES IS EFFECTIVE AT COUNTY LIBRARIES IN THE UNIN- CORPORATED AREAS AND MU- NICIPALITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION IN,TO THE MON- ROE COUNTY CODE OF ORDI- NANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; AND PROVIDING AND EFFECTIVE DATE. Pursuant to Section 286.0105. Flor- Ida Statutes, notice is given that if person decided to appeal and deci- t!lon made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that for such purpose, he may need to en- lUre that a verbatim record of the of the proceedings is made, which rec- Ords includes the testimony and evi- denQe upon which the appeal is to be based. Oopies of the above-referenced ordi- Jlance are available for review at the \iarious pUblic libraries In Monroe County, Florida. . I)ated at Key West, Florida this 5th day of January, 1996 DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of "the BOard of County Commissioners .. of Monroe County, Florida ","uary 21st & February 4th, 1996. i1.:~t , 4 :_1' _~.. ~.ii!i'h'~~F~- .......... (? .(),C;C . IT Published Daily Key West, Monroe County., FlOlida 33040 STATE OF FLORIDA COUNTY OF MONROE; Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Advertising Manager of the .Key West Citizen; a daily newspaper published <;1t Key West in Monroe County, Florida; that the attached copy of the advertisement, being a legal notice. . in the matter of ~l'C< at! 1nt~T\~\o" / R~1..(.5 ()~ CorJt.c..C:~ in the 1'\ /0... issues of --J Glf'\l..l.lu'1 ~\ court, was published in said newspaper in the ~ khf't.c.G<.f'( 'i. ! tot c:t b 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 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. ture of Affiant) Sworn to and subscribed before me this , 1996 Type of Identification Produced -NUTICE-OF INTENTION TO CON- , SIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS, HEREBY GIVEN TO ' . WHO IT MAY CONCERN that on , Wednesday February 21, 1996 at 10:00 a.m. at the Key Largo Library, Tradewinds Shopping Center, Key Largo, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, Intends to consider the adoption of the follow- ing County ordinance: ' AN ORDINANCE ESTABLISHING RULES OF CONDUCT AT THE- VARIOUS.LIBRARIES BY PROVID- ING THAT THE COUNTY LIBRAR- IES ARE A LIMITED PUBLIC FO- RUM;PROVIDING THAT THE LI- BRARY PATRONS MAY ONLY EN- GAGE IN READING,STUDYING AND USING LIBRARY MATERIALS OR ATTENDING SCHEDULED • EVENTS;PROHIBITING LIBRARY PATRONS FROM BEING INTOXI- CATED OR SOLICITING MONEY OR VALUABLES FROM OTHER PA- ' TRONS;PROHIBITING THE USE OF LIBRARY RESTROOMS FOR SHAVING,LAUNDRY OR BATHING PURPOSES;PROHIBITING THE HARASSMENT OR ANNOYANCE OF OTHER LIBRARY PATRONS THROUGH TALKING,NOISE,AU- ' DIO EQUIPMENT,STARING OR OTHER ANNOYING BEHAVIOR; PROHIBITING INTERFERENCE , WITH OTHER LIBRARY PATRONS OR LIBRARY STAFF;REQUIRING THAT LIBRARY PATRONSWEAR SHIRTS AND SHOES AND NOT , HAVE BODILY HYGIENE SO OF- FENSIVE AS TO BE A NUISANCE TO OTHER PERSONS;PROVIDING FOR ENFORCEMENT AND PENAL- TIES FOR VIOLATIONS,PROVID- ING FOR POSTING OF'LIBRARY RULES IN ENGLISH AND SPANISH; PROVIDING THAT THE ORDI- NANCES IS EFFECTIVE AT COUNTY LIBRARIES IN THE UNIN- CORPORATED AREAS AND MU- NICIPALITIES;PROVIDING FOR SEVERABILITY;PROVIDING FOR "{ INCORPORATION INTO-THE MON- , ROE COUNTY CODE OF ORDI- • NANCES;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH;AND - PROVIDING ANDEFFECTIVE DATE. 'I Pursuant to Section 286.0105. Flor- ida Statutes, notice is given that if person decided to appeal and deci- sion made by the Board with respect to any matter considered at such ' hearings or meetings, he will need a .record of the proceedings,,and that , for such purpose,he may need to en- sure that a verbatim record of the of :lie proceedings is made,_which rec- Yds includes,the testimony and evi=_'' lence upon=which the appeal is,to be . lased. •. .. - ., • copies of the above-referenced ordi- nance are available for review at the various public libraries in Monroe County,Florida. Dated at Key West, Florida this 5th day of January, 1996 DANNY L.KOLHAGE,Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida January 21 st&February 4th, 1996. 7ie II.MVINCI THI! Ur::t,.." K.V8 'OR OYER 10 YEA'" BOX 1197 . TAVERNIER. FLA. 33070 (305) 862-3218 FAX 862-8240 DAGNY W'OLPP Bclltor . Publlaher STATEMENT OF PROOF OF PUBLICATION STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared DAGNY WOLFF, who on oath, says that she is EDITOR and PUBLISHER 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 ADVERTISEMENT IN THE MA TTER OF_NOTICE OF INTENTION_. IN THE Court, was published in said newspaper in the issues of _1/2S AND 218196. 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 he 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. s~ SWORN TO AND SUBSCRIBED BEFORE ME THIS _8TH DAY OF __FEBRUARY_A.D., 1996_ /CL // ~~^-L NOTARY PUBLIC DAVEE R DOVE My C<>mmi8elon CC4Stant Expires Feb. 06, 1999 MY COMMISSION Ex.sl" * "> ~ ~ if" OF P,J.)~~ 800-852-5878 j NOTICE OF INTENTION TO CONSIDER , - ADOPTION OP COUNTY ORDINANCE _ NOTICE IS HEREBY GIVEN TO-WHOM IT MAY CONCERN that on Wednesday,February 21,1996,at 10:00 A.M.at the Key Largo Library, Tradewinds Shopping Center, Key Largo, Monroe County, -Florida,the Board of County Commissioners of Monroe County,Florida, intends to consider the adoption of the following County ordinance:' AN ORDINANCE ESTABLISHING RULES OF CONDUCT AT' THE VARIOUS MONROE COUNTY PUBLIC LIBRARIES BY PRO- ; VIDING THAT THE COUNTY LIBRARIES AREA LIMITED PUBLIC' ' FORUM; PROVIDING THAT LIBRARY PATRONS MAY ONLY' ENGAGE IN READING,STUDYING,USING LIBRARY MATERI-- ' ALS OR ATTENDING SCHEDULED EVENTS;PROHIBITING LI- BRARY PATRONS FROM BEING INTOXICATED OR SOLICITING MONEY OR VALUABLES FROM OTHER PATRONS;PROHIBIT- ING THE USE OF LIBRARY-RESTROOMS FOR SHAVING,LAUN- DRY,ORBATHINGPURPOSES;PROHIBTTTNGTHEHARASSMENT OR ANNOYANCE OF OTHER LIBRARY PATRONS G,OR THROUGH TALKING, NOISE, AUDIO EQUIPMENT,INTERFERENCE WITH OTHER. ANNOYING BEHAVIOR;LIBRARY PATRONS THER OOR LIBRARY HIBITING AFF REQUIRING . THAT LIBRARY PATRONS WEAR SHIRTS AND SHOES AND NOT. HAVE BODILYHYGIENE SO OFFENSIVE AS TO BE A NUISANCE TO OTHER PERSONS;PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS;PROVIDING FOR POSTING OF LIBRARY RULES IN ENGLISH AND SPANISH;PROVIDING THAT THE ORDINANCE IS EFFECTIVE AT COUNTY LIBRARIES IN THE UNINCORPORATED AREAS AND MUNICIPALITIES; PROVID- ING FOR SEVERABILITY;PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;PROVID- ' ING FOR REPEAL OF ALL ORDINANCES,INCONSISTENT HEREWITH;AND PROVIDING AN EFFECTIVE DATE. . Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearing or meeting,he will need arecord' 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. 1996. ' DATED it Key West,Florida,this 5th day of January, - DANNY L.KOLHAGE — — .Clerk'of the Circuit Court and ex officio Clerk of the • Board of County Commissioners - of Monroe County,Florida Published:1/25 and 2/8/96 -The Reporter . Tavernier,FL 33070 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, February 21, 1996, at 10:00 a.m. at the Key Largo Library, Tradewinds Shopping Center, Key Largo, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE ESTABLISHING RULES OF CONDUCT AT THE VARIOUS MONROE COUNTY PUBLIC LIBRARIES BY PROVIDING THAT THE COUNTY LIBRARIES ARE A LIMITED PUBLIC FORUM; PROVIDING THAT LIBRARY PATRONS MAY ONLY ENGAGE IN READING, STUDYING, USING LIBRARY MATERIALS OR ATTENDING SCHEDULED EVENTS; PROHIBITING LIBRARY PATRONS FROM BEING INTOXICATED OR SOLICITING MONEY OR VALUABLES FROM OTHER PATRONS; PROHIBITING THE USE OF LIBRARY RESTROOMS FOR SHAVING, LAUNDRY, OR BATHING PURPOSES; PROHIBITING THE HARASSMENT OR ANNOYANCE OF OTHER LIBRARY PATRONS THROUGH TALKING, NOISE, AUDIO EQUIPMENT, STARING, OR OTHER ANNOYING BEHAVIOR; PROHIBITING INTERFERENCE WITH OTHER LIBRARY PATRONS OR LIBRARY STAFF; REQUIRING THAT LIBRARY PATRONS WEAR SHIRTS AND SHOES AND NOT HAVE BODILY HYGIENE SO OFFENSIVE AS TO BE A NUISANCE TO OTHER PERSONS; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS; PROVIDING FOR POSTING OF LIBRARY RULES IN ENGLISH AND SPANISH; PROVIDING THAT THE ORDINANCE IS EFFECTIVE AT COUNTY LIBRARIES IN THE UNINCORPORATED AREAS AND MUNICIPALITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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 5th day of January, 1996. DANNY L. KOLHAGE. Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County. Florida (SEAL) Community Services ORDINANCE NO. -1996 AN ORDINANCE ESTABLISHING RULES OF CONDUCT AT THE VARIOUS MONROE COUNTY PUBLIC LIBRARIES BY PROVIDING THAT THE COUNTY LIBRARIES ARE A LIMITED PUBLIC FORUM; PROVIDING THAT LIBRARY PATRONS MAY ONLY ENGAGE IN READING, STUDYING, ._USING LIBRARY MATERIALS OR ATTENDING SCHEDULED EVENTS; PROHIBITING LIBRARY PATRONS FROM BEING INTOXICATED OR SOLICITING MONEY OR VALUABLES FROM OTHER PATRONS; PROHIBITING THE USE OF LIBRARY RESTROOMS FOR SHAVING, LAUNDRY, OR BATHING PURPOSES; PROHIBITING THE HARASSMENT OR ANNOYANCE OF OTHER LIBRARY PATRONS THROUGH TALKING, NOISE, AUDIO EQUIPMENT, STARING, OR OTHER ANNOYING BEHAVIOR; PROHIBITING INTERFERENCE WITH OTHER LIBRARY PATRONS OR LIBRARY STAFF; REQUIRING THAT LIBRARY PATRONS WEAR SHIRTS AND SHOES AND NOT HAVE BODILY HYGIENE SO OFFENSIVE AS TO BE A NUISANCE TO OTHER PERSONS; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS; PROVIDING FOR POSTING OF LIBRARY RULES IN ENGLISH AND SPANISH; PROVIDING THAT THE ORDINANCE IS EFFECTIVE AT COUNTY LIBRARIES IN THE UNINCORPORATED AREAS AND MUNICIPALITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Each branch of the Monroe County public library is declared to be a limited public forum that must be managed to foster a quiet and orderly atmosphere conducive to every library patron I s constitutionally protected interest in receiving and reading written communications. Section 2. In order to best protect the constitutional rights described in Section 1, the following rules of conduct for library patrons are adopted for all Monroe County public libraries: a) Library patrons must be engaged in activities associated with the use of a public library while in the building. Library patrons not engaged in reading, studying, using the library materials, or attending scheduled on-site programs, must leave the building. b) Library patrons may not be intoxicated while in the building. c) Library patrons may not solicit money or other valuable consideration from other persons while in the building. d) The library restrooms are only for the temporary convenience of library patrons. Library patrons may not use the restrooms for shaving, washing clothes or bathing. e) Library patrons must respect the constitutional rights of others as described in Section 1 and must not harass or annoy others through noisy or boisterous activities, by staring at another person with the intent to annoy that person, by following another person about the building with the intent to annoy that person, by playing a walkman or other audio equipment so that others can hear it, by singing or talking to others or talking in monologues, or by behaving in a manner that reasonably can be expected to disturb other library patrons. f) Library patrons must not interfere with the use of the library by other patrons or interfere with library staff in the performance of their duties. g) Library patrons may not enter the building without a shirt or other covering of their upper bodies or without shoes or footwear. Library patrons whose bodily hygiene is offensive so as to constitute a nuisance to other persons must leave the building. Section 3. A library patron who violates the library rules of conduct described in Section 2 must be informed of the violation and asked to leave the building by the library supervisor on duty at the time of the violation. A violator who refuses to leave the building after being so requested commits the offense of trespass in a structure as set forth in Sec. 810.08, Fla. Stat., and the library supervisor must then contact the appropriate police department or the Monroe County Sheriff's Department for assistance. 2 Section 4. Copies of the library rules set forth in Section 2, in both English and Spanish, must be prominently displayed at the public entrance to each library building. Section 5. As authorized by Article 8, Sec. 1. Fla. Const. (1968), this Ordinance is effective at County library locations in the unincorporated area of Monroe County and within the municipalities. Section 6. 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 7. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 8. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. This Ordinance shall take effect immediately upon receipt of official Section 9. notice from the Office of the Secretary of State of the State of Florida that this Ordinance has been filed with that Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of ,1996. Mayor Shirley Freeman Mayor Pro Tem Jack London Commissioner Wilhelmina Harvey Commissioner Keith Douglas Commissioner Mary Kay Reich (SEAL) ATTEST: BOARD OF COUNTY COMMiSSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman Effective Date presord/library.ord TO FORM AND 3 ounty Attorn( . . " BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 18, 1995 Division: County Attorney Bulk Item: Yes_X_ No Department: County Attorney AGENDA ITEM WORDING: Approval to advertise an ordinance that prohibits various types of inappropriate behavior in the County's public libraries. ITEM BACKGROUND: Ordinance requested by the Library Director largely because of problems at the Key West branch. PREVIOUS RELEVANT BOCC ACTION: None STAFF RECOMMENDATION: Approval to advertise. TOTAL COST: Cost to County: BUDGETED: Yes_ No_ APPROVED BY: County Attorney x OMB/Purchasing_ Risk Management _ DIVISION DIRECTOR APPROVAL:; ,) y-y~:)/..r: /~...-/.- .~-~ ..... (.-. .,- ,./, ,/.. DOCUMENTATION: Included-L To Follow_ Not required_ AGENDA ITEM # DISPOSITION: