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Ordinance 025-1996 ,/ County Attorney ORDINANCE NO. 025 -1996 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA SUPPLEMENTING SECTION 3-12, MONROE COUNTY CODE; ENABLING COURTS TO ISSUE ORDERS TO SHOW CAUSE, PURSUANT TO CHAPTER 828, FLORIDA STATUTES, FOR VIOLATIONS OF SAID SECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of Monroe ~u~ty, Frida, ~ wishing to enable Courts to issue orders to show cause for certain ViOI~~ of ~unty:;: ("") ;- 0 Code Sec. 3-12, Animals and Fowl; Enforcement; Fines, hereby ~~Igat~ thiS~ ordinance; NOW THEREFORE ::;:=~.~ !! ~ ..,.,' ; 0 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONEi;!~ OF M.ROE2', COUNTY, FLORIDA THAT: Section 1. Monroe County Code Sec. 3-12(1)(a)(10) is hereby supplemented as follows: 10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, or fails to appear in court as required by the citation, he shall be deemed to have waived his right to contest the citation, and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty of five hundred dollars ($500.00). In addition, if a person fails to pay the civil penalty, or fails to appear in court to contest the citation or fails to appear in court as required by the citation, the court may issue an order to show cause upon the request of the QoverninQ body of the County. This order shall require such persons to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court. Section 2. The Board of County Commissioners of Monroe County hereby authorizes the Director of the County's Animal Control Department to request the court to issue such order(s) to show cause. Section 3. If any section, subsection, sentence, clause, item, change 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. 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. Section 6. The Clerk of the Board is hereby directed to forward a copy of this Ordinance to Municipal Code Corporation for incorporation into the Monroe County Code of Ordinances. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 17th day of April ,1996. Mayor Freeman Mayor Pro T em London Commissioner Harvey Commissioner Douglass Commissioner Reich ~ absent ~ ~ ~ (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BYA?,~~~ DeputY Clerk By ~~-F~ APPROVED AS TO FORM AND GA 5 F ENCY. BY J05:% H.~L1N50N DATE~ ~~ "6 I' 11. Y;Pi"' CUIQ`N.�'j _yj N tR, 14, ;Danny IL. Rotbage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145 FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146 FAX(305)295-3660 April 30, 1996 CERTIFIED MAIL RETURN RECEIPT REQUES a.) Mrs. Liz Cloud Florida Department of State Bureau off Administrative Code and Laws The Elliot Building 401 South Monroe Street Tallahassee, Fl. 32399-0250 Dear Mrs. Cloud: Enclosed please find a certified copy of Monroe County Ordinance No..025-1996, supplementing section 3-12, Monroe County Code; enabling courts to issue Orders to Show Cause, pursuant to Chapter 828, Florida Statutes, for violations of said section; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. This Ordinance was adopted by.the Monroe County Board of County Commissioners at a Regular Meeting, in formal session, on April 17, 1996. � I Mrs. Liz Cloud April 30, 1996 Page 2 Please file for record. Enclosure Sincerely, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners By: Ruth Ann Jantzen ~~,) eputy lerk County Attorney County Administrator Public Works Director Court Administrator Chief Deputy Clerk Municipal Code Corporation File cc: DIVISIONS OF FLORIDA DEPARTMENT OF STATE HISTORIC PRESERVATION BOARDS Office of the Secretary 7 p'. Hi ioric Florida Keys Prescrvatinn Board Division of Administrative Services Historic Palm Beach County Preservation Board Division of Corporations oiy r"E` . ,.$ - %+"'_` Historic Pensacola Preservation Board division of Cultural Affairs -I,t+ re x Division of Elections •_ Iistoric St.Augustine Prescrvalion Board Division of Historical Resources :"`f.•L , '�3-•• Ilistorie Tallahassee Prescrvalion Board Division of Library and Information Services •fit• - ...r�OD.We Historic Tampa/H Pls se rugh County Division of Licensing Preservation Board MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE RINGLING MUSEUM OF ART Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS May 2, 1996 Honorable Danny L. Kolhage Clerk to Board of County Commissioners Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr . Kolhage : Pursuant to the provisions of Section 125 . 66 , Florida Statutes , this will acknowledge your letters dated April 30, 1996 and certified 'copy each of Monroe County Ordinance Nos . 96-23 , 96-24 , 96-25, 96-26 , 96-27 , and 96-28 , which were filed in this office on May 2 , 1996 . Sincerely, 1 Liz Cloud, Chief • Bureau of Administrative Code LC/mw • • BUREAU OF ADMINISTRATIVE CODE 'T11e Elliot Building • 401 South Monroe Street • Tallahassee,Florida 32399-0250 • (904)488-8427 AX:(904)488-7868 • WWW Address http://www.dos.state.fl.us • E-Mail: election@mail.dos.statefl.us ' MUNICIPAL CORPORATION *�� � 2�� �— ~~-~--- --�-----~} o"sfnmer SorrjsE 0 8ox 2235 `r PM §]}a/msys,-H 32316-223 \ ^uis ~ ,~ u MAY.C16v ~� /.3� «zNAY Suyp|o�n� 6V ' �/ ' 'pr" - � v V ��^N, uo/zx*We h^,e received t - Thankyow for your -� .�ta e and.`lolv'emtioo^ Ordinance Nos. 023-1996, 024'1996, 025-1996' 06-1996/ 027'/9 96 and 028-1996 / ' | � . TO: | "i. Ruth A. Jaotzen ! 8ep h/ Clerk p . ' Nowroe County PO 8m 1980 Key Wgt/ FL 33040 | ' | . )-8007262-CU0E (UotimmD 0T | ' ASK US ABOUT IIIAGING AND INDEXING YOUR DOCUMENTS Yisit ~"' ' / -- �Lcom[-mail Your o b~f~4vj,%oi ' —'--- --- L---_-- ' ' PROOF OF PUBLICATION T THE FLORIDA KEYS KEYNOTER . Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) • COUNTY OF MONROE) • • Tom Schumaker who on oath, says that he/she Before the undersigned authority personally appeared Y 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 Count, IN THE MATTER OF: Supplementing. Section 3-12 _srir _ Ordinance in the . Court was published in said newspaper in the issues of March 3 0 L AAjr i t 6, 1996 —.__---__ ____— _------- AlIiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- no NOTIC 082210OOF INTENTION TO 0 paper has heretofore been continuously published in said MONROE COUN- TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been CONSIDER ADOPTION OF COUNTY ORDINANCE entered as second class mail matter at thepost office in MARATHON, in NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that, on Wednesday,April 17,1996 at said MONROE COUNTY, FLORIDA, for a period of one year next'preceding on We ne, 3841 tthe 17,rth 1 Holiday Beachsidthe first publication of the attached copyof advertisement; and affiant fur- velt Boulevard, Key West, Mon- roe roe County,Florida;the Board of County Commissioners of Mon- ther says that he has neither paid nor promised any person, firm, or corpo- , i roe County, Florida, intends to consider the adoption of the fol- ration any discount, rebate, commission or refund for the purpose of secur- lowing County ordinance: AN ORDINANCE EOFTHEBOARD ing this advertisemept for publication in the said newspaper.(SEAL) I OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORI- DA,SUPPLEMENTING SECTION 3-12.NIONROE COUNTY CODE; ENABLING,COURTS TO ISSUE . ‘er'4.E _ • ORDERS TO SHOW_ CAUSE, PURSUANT TO CHAPTER 828, FLORIDA STATUTES, FOR VIO- LATIONS"OF'SAID SECTION; PROVIDING FOR•SEVERABILI- , TY; PROVIDING. FOR'THE RE- PEAL"(WALL ORDINANCES IN- -- CONSISTENT HEREWITH; PRO- VIDING SC!i 6[tiULRef VIDING FOR INCORPORATION Commtxp. 8/1 b/9V INTO THE MDNROE COUNTY Mya° CODE OF ORDINANCES, AND NOTARY p PROVIDING FOR AN EFFECTIVE a suede Li Bonded By Servce Ins - DATE. '; No. n Pursuant to Section 286.0105, 7 (seal) QF r�.C� `°t'�1a1��.} Florida Statutes, notice is given �/• that if a person decides to appeal i n u,,Gt)•Y.�Gtn -l;fhtl:IA that decision made by the Board . with respect to any matter con- • • sidered at such hearings or meet- SWORN TO AND SUB CRIBED BEFORE ME THIS 9th i gs,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.- - DAY OF _AEril__ A.D. 19 96 -- Copies of the above-referenced . ordinance are available for review at the various public libraries in Monroe County,Florida. A( (��'(OOl��! Dated at Key West,Florida,this ���L/�/ 2_a_ii�� �_____ 21st day,of March,1.996. �- DANNY L KOLHAGE, -_ Clerk of the Circuit Court' and ex officio Clerk of the Board of County Commissioners of I Monroe County,Florida Publish March-30•April 6,1996' Florida Keys Keynoter i l G ,a-ere. Ja.rJ Published Daily Key West, Monroe County, Florida 33~40 STATE OF FLORIDA COUNTY OF MONROE; . Before the undersigned authority personally appearecj Randy G. Erickson, who on oath says that he is Advertising Manager of the Key West Citizen; a daily newspaper published ?t Key West in Monroe County, Florida; that the attached copy of the advertisement, being a legal notice . . in the matter of No..h-c€. o~ :!.n1(."~\'on I S<.c..?pl~ Y"'l-eh+\'n~ S-t.C:hON 6-\~ in the ., 1"- s-ourt. was published in said newspaper in the issues of Ma.re.h ~'r ~ 21 ~ l'\'Lo , Affiant further'says that the said The Key West Citizen is a newspaper published at Key West. in said Monroe County, Florida, and tllat 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...~'atCl rews- pape~ ~ . ':".~ J~"~ ~" 'to .. ~ d~~~lure~f Affiant) Sworn to and subscribed before me thi~;c d:Y of 'Y?A/;& '. 1996 1a-z_~ e / r-~--\~-"'--~~~.~ture of Notary Public) j/~~~';::<.':':~~~~\ '. ~~._,,~!:~~'{ t. CEiEff Exp'lres. y?ft? ~tp. . ~EliT?~~B(?d(;~E~f:.~.t;;~~?Ubli:'U~~~J':."~:~ I otary Public) ,,~ . ,-~_.._--- ~ ---1 Personally Known _ or Produced Identification _. Type of Identification Produced - - �• LEGAL NOTICES NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUNTY •ORDINANCE NOTICE ,IS- HEREBY GIVEN TO , WHOM IT MAY CONCERN that on. = - Wednesday April 17, 1996 at 10:00 , a.m. at the Holiday Inn Beachside, -. 3841 North Roosevelt Boulevard, Key West, Florida, the Board of County Commissioners of Monroe • County, Florida, intends to consider the adoption of the following County - ordinane: • AN ORDINANCE'OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,.FLORIDA, SUPPLEMENTING SECTION 3-12, MONROE COUNTY-CODE;EN- . ABLING COURTS TO ISSUE OR- DERS.TO SHOW CAUSE,PURSU- ANT TO CHAPTER 828, FLORIDA • - STATUTES,FOR VIOLATIONS OF "SAID SECTION;PROVIDING FOR SEVERABILITY;PROVIDING FOR ' ' THE REPEAL OF ALL ORDI- NANCES INCONSISTENT HERE- WITH;PROVIDING FOR INCORPO- RATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFEC- TIVE DATE. • 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 the proceedings is made, which rec- ords includes the testimony and evi- dence upon which the appeal is to be based. ' Copies of the above-referenced ordi- • -nance-are-available_for-review at the various public libraries in Monroe County,Florida. 'Dted at Key West, Florida this 21st day of February, 1996 . DANNY L.KOLHAGE t . Clerk of the Circuit Court and ex o fi- ' cio Clerk of the Board of County • Commissioners of Monroe County, Florida March 27th&31 st, 1996 • 7ie BI!t:lVINCI THE! UPJt&R K.V& ,.Oft OVr:ft 20 YEARS DAGNY WOLPF EdItor IE Publlllber BOX 1197 · TAVERNIER. FLA. 33070 (305) 862-3218 FAX 852-8249 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 MATTER OF_NOTICE OF INTENTION_. IN THE Court, was published in said newspaper in the issues of _3/28 AND 4/4/96. Affiant further says that the said REPORTER is a newspaper published at Tayernier, 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 lirst 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 ~~ SWORN TO AND SUBSCRIBED BEFORE ME THIS _4TH DAY OF __APRIL__ A.D. ,1996__ /1~~-~e /? &~_ NOTARY PUBLIC~\')^Dv(' DAVEE R DOVE ~ My CotTlI'nission CC431878 MY COMMISSI Rts. Expns Feb. 05. 1999 .. J' ". Bv.,dl..J by ANf'! -':,'F Of fLI3Y.~ 800-852-5878 • NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM TT MAY CONCERN that on Wednesday,April 17, 1996,-at 10:00 A.M.at the Holiday Inn Beachside,3841 North Roosevelt Boulevard',Key West,Monroe County, Florida,the Board of County.Commissioners of Monroe County,Florida, intends to consider the adoption of the following County ordinance: •AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OFMONROE COUNTY,FLORIDA,SUPPLEMENTING. SECTION 3-12,MONROE COUNTY CODE;ENABLING COURTS ' • TO ISSUE ORDERS TO SHOW CAUSE,PURSUANT TO CHAPTER 828,FLORIDA STATUTES,FOR VIOLATIONS OF SAID SECTION; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF- ALL ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDI- NANCES;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,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 March;1996. DANNY L.KOLHAGE Clerk of the Circuit Court. and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida • Published:3/28 and 4/4/96 - 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. April 17. 1996. at 10:00 a.m. at the Holiday Inn Beachside, 3841 North Roosevelt Boulevard. Key . West. Monroe County. Florida. the Board of County Commissioners of Monroe County. Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA. SUPPLEMENTING SECTION 3-12. MONROE COUNTY CODE; ENABLING COURTS TO ISSUE ORDERS TO SHOW CAUSE. PURSUANT TO CHAPTER 828, FLORIDA STATUTES, FOR VIOLATIONS OF SAID SECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE Pursuant to Section 286.0105. Florida Statutes. notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing. 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 21 st day of March. 1996. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County. Florida (SEAL) County Attorney ORDINANCE NO. -1996 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ~ OF MONROE COUNTY. FLORIDA. SUPPLEMENTING SECTION 3-12, MONROE COUNTY CODE; ENABLING COURTS TO ISSUE ORDERS TO SHOW CAUSE, PURSUANT TO CHAPTER 828, FLORIDA STATUTES, FOR VIOLATIONS OF SAID SECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS. the Board of County Commissioners of Monroe County. Florida, wishing to enable Courts to issue orders to show cause for certain violations of County Code Sec. 3-12. Animals and Fowl; Enforcement; Fines, hereby promulgates this ordinance; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA. THAT: Section 1. Monroe County Code Sec. 3-12( 1 )(a){ 1 0) is hereby supplemented as follows: 10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed. or fails to appear in court to contest the citation, or fails to appear in court as required by the citation, he shall be deemed to have waived his right to contest the citation, and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty of five hundred dollars ($500.00). In addition, if a person fails to pay the civil penalty, or fails to appear in court to contest the citation or fails to appear in court as required by the citation, the court may issue an order to show cause upon the request of the governinq body of the County. This order shall require such persons to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court. Section 2. The Board of County Commissioners of Monroe County hereby authorizes the Director of the County's Animal Control Department to request the court to issue such order(s) to show cause. I Section 3. If any section, subsection, sentence, clause, item, change 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 herewith are hereby repealed to the extent of such conflict. Section 5. 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. Section 6. The Clerk of the Board is hereby directed to forward a copy of this Ordinance to Municipal Code Corporation for incorporation into the Monroe County Code of Ordinances. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the _ day of ,1996. Mayor Freeman Mayor Pro Tem London Commissioner Harvey Commissioner Douglass Commissioner Reich (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman