Ordinance 030-1996
, .'
, -
Commissioner Wilhelmina Harvey
ORDINANCE NO.030 -1996
AN ORDINANCE ESTABLISHING A PERMIT PROCEDURE FOR PUBLIC ASSEMBLIES;
PROVIDING FOR DEFINITIONS; REQUIRING THAT NO PERSON MAY HOLD A PUBIC
ASSEMBLY WITHOUT A PERMIT; PROVIDING FOR A PERMIT APPLICATION PROCEDURE
AND FEE; PROVIDING FOR THE GRANT OF A PUBLIC ASSEMBLY PERMIT BY THE PLANNING
DIRECTOR WITH OR WITHOUT CONDITIONS AND PROVIDING CRITERIA THEREFOR;
PROVIDING FOR THE DENIAL OF A PUBLIC ASSEMBLY PERMIT BY THE PLANNING
DIRECTOR AND THE GROUNDS FOR SUCH DENIAL; PROVIDING THAT CONDUCT AT A
PUBLIC ASSEMBLY AUTHORIZED BY A PERMIT DOES NOT VIOLATE OTHER COUNTY
ORDINANCES EXCEPTING THOSE THAT REGULATE NOISE AND ALCOHOLIC BEVERAGES
FOR WHICH SEPARATE PERMITS MUST BE OBTAINED; PROVIDING FOR THE MODIFICATION
OR REVOCATION OF A PUBLIC ASSEMBLY PERMIT AND THE CRITERIA THEREFOR;
PROVIDING THAT THE PLANNING DIRECTOR'S DECISION CONCERNING A PUBLIC
ASSEMBLY PERMIT OR APPLICATION IS THE FINAL ADMINISTRATIVE ACTION OF MONROE
COUNTY; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING THAT THIS ORDINANCE IS
EFFECTIVE IN THE UNINCORPORATED AREAS OF MONROE COUNTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE CODE OF ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1.
Definitions:
a) Flea market means a market, out of doors or primarily out of doors, where new or used
items are sold from individual locations, with each location being operated indepe~e~UY frO{R the """7
other locations. Items sold typically include, but are not limited to, antiques, consua~i~r:eood~sed,~
goods, rare items, decorations, used books and used magazines. , ..:- ,,' ~ (;]
" --r..
b) Permit means a written statement issued by the Planning Director.~:<::l\;Jthori~g the)
holding of a public assembly under stated conditions.> :0
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c) Person means an individual. corporation, business trust, estate, trust. partrJfrship~r
association. or any other legal entity. - gg
d) Planning Director means the individual so designated by the Board of County
Commissioners or his designee.
e) Public assembly means an outdoor gathering, or a gathering in temporary structures
such as tents, of individuals which may be attended by members of the general public. with or
without an admission charge, when the anticipated daily attendance is expected to exceed 250
persons a day and which occurs on more than one day per calendar month, including flea markets,
but excluding:
(i) events or functions. put on by any government agency including athletic
events on athletic fields; or
(ii) camping activities conducted by charitable organizations devoted to serving
young people.
f) Public place means:
(i) a place with respect to which the state, County or federal government
normally has authority to control or prohibit use by the general public; or,
(ii) a place with respect to which a private person permits use by the general
public.
Section 2.
Public Assembly Permit Required.
No person may hold a public assembly unless a permit has first been obtained from the
Planning Director.
Application for a Public Assembly Permit.
Section 3.
a) An application for a permit to hold a public assembly must be filed with the Planning
Director at least 9 days before the day on which the public assembly is to be held. However, if the
public assembly is to be held within 9 days after a specific and unanticipated event or
announcement of public importance and in response to it. the application may be filed within 24
hours after the event or announcement and at least 36 hours before the public assembly is to be
held. The Planning Director may also receive and act on an application even though the
application was not filed in time if necessary to preserve the First Amendment rights of an applicant.
b) The application for a permit to hold a public assembly must be in writing and signed
by an individual authorized to act for the person sponsoring the public assembly. The application
must state:
(i) the date(s) and hours the public assembly is to be held;
(ii) the name, residence address, and telephone number of the applicant. the
principal officers of the applicant, the individual making the application. and any
other individual authorized to represent the applicant in applying for the permit;
(iii) the designated place where the assembly is to be held;
(iv) the date(s) when the public assembly is to be held and the anticipated daily
hours of operation;
(v) that the requested use by the applicant of the designated place has been
granted by the person or government having the authority to grant the use of that
place (in the case of County-owned property, the grant of the permit is permission to
use the place);
(vi) the estimated number of persons expected to participate in or attend the
public assembly;
(vii) the general nature of the public assembly and the arrangements made to
protect the public health and safety during the conduct of the public assembly,
including arrangements with respect to traffic direction and control, crowd control
and sanitation facilities;
(viii) any additional information the applicant wishes to furnish.
c) Upon the receipt of an application for a permit to hold a public assembly. the
Planning Director must note the time of filing on the application.
d) At the request of the Planning Director. the individual authorized to represent the
applicant. the Monroe County Sheriff or his designee, the Building Official, the Fire Marshal, and a
representative of the County Health Department must meet with the Planning Director to negotiate
mutually satisfactory conditions under which the public assembly may be held to avoid substantial
2
harm to the public health or safety and to minimize or to avoid substantial harm to, or impairment of
. the no'rITlOl use of, a public place or to avoid substantial harm to the environment.
e) The Planning Director must:
(i) issue the public assembly permit on the terms requested;
(ii) issue the permit subject to conditions; or
(iii) deny the permit.
The Planning Director must give the applicant immediate notice in writing of his action on the
application. The Planning Director is deemed to have granted the permit on the terms requested if
in the case of a permit applied for at least 9 days before the date of the public assembly, the
Planning Director fails to issue a permit or a written denial 4 days before the scheduled date of the
public assembly, or, in the case of a permit applied for 8 days or less before the date of the public
assembly. the Planning Director fails to issue a permit or a denial 24 hours before the scheduled date
of the public assembly.
Section 4.
Grant of a Permit.
If there is not a reasonable likelihood that the public assembly will substantially harm the
public health or safety or the environment or substantially impair the normal use of a public place,
then the Planning Director must grant the permit on the terms requested.
Section 5.
Criteria for Imposing Conditions on the Permit.
If there is a reasonable likelihood that a public assembly will substantially harm the public
health or safety or environment or substantially harm, or impair the normal use of. a public place,
then the Planning Director may grant the permit only upon conditions reasonably necessary to avoid
substantial harm to the public health or safety or environment and to minimize the effect of, or
avoid, the substantial impairment of the normal use of a public place. These conditions may include
designating a different time and place; restricting the daily hours and duration of the public
assembly; requiring the installation of temporary sanitation facilities; requiring the provision of
emergency medical or fire services; requiring the applicant to establish crowd and traffic control
procedures; requiring the presence of law enforcement officers; requiring restoration of the public
assembly location to its preassembly condition; and requiring the applicant to designate individuals
in charge to facilitate dealing with any emergencies that may arise. If there is an admission charge
or if goods or services are sold or donations solicited in exchange for goods or services, then the
3
Planning Director may require the person holding the public assembly to reimburse the County for
the cost of any additional law enforcement officers, emergency medical personnel, and firefighters;
to restore the public assembly location to its preassembly condition, and to furnish a bond, in a form
satisfactory to the County Attorney. to insure reimbursement and restoration. In determining whether
to grant a permit only upon compliance with conditions, the Planning Director must consider
whether:
a) a permit has been granted to others to hold a public assembly at the same time in the
same or nearby location;
b) public sanitation facilities are adequate;
c) noise, litter, the pollution of water or air, or damage to the environment, will be
caused by the public assembly;
d)
traffic generated by the public assembly will affect normal traffic movement;
e)
the time and place are suitable in view of the number of persons expected to attend;
f)
assembly;
food, water, and emergency medical and fire services are accessible to the public
g)
temporary structures such as tents or stages are anticipated;
h) there is sufficient time to permit law enforcement, fire and emergency medical officers
to make the necessary arrangements to avoid substantial harm to the public health and safety;
i) the public assembly will substantially impair the provision of fire and police protection
and medical and other essential services;
j) the public assembly will unreasonably interfere with the quiet enjoyment of a
residential community;
k) there is an alternate available location that will reasonably serve the objectives of the
public assembly if the requested location will likely result in substantial harm to the public health or
safety or environment or will cause substantial harm to, or impairment of the normal use of. a public
place;
I) there is a special relationship between the subject of the public assembly and the
location that makes it reasonable to impose extraordinary burdens on the individuals residing or
present in nearby areas; and
m) the imposition of conditions will materially interfere with the reasonable and lawful
objectives of the public assembly.
Section 6.
Denial of a Permit.
4
!f there is reasonable likelihood that a public assembly will substantially harm the public
health or safety or the environment and the harm cannot be sufficiently mitigated or avoided by the
imposition of conditions, then the Planning Director must deny the permit application and
immediately inform the applicant in writing stating the reasons for denial.
Section 7.
Noise Permit - Alcoholic Beveraqes.
If the public assembly will require a noise permit or variance under Chap. 13, Art. 3, Monroe
County Code (Noise Control), then the applicant must obtain a noise permit or variance under the
procedures set forth in that Article. A public assembly permit does not authorize, waive, or exempt a
violation of Chap. 13, Art. 3 , Monroe County Code. A public assembly permit also does not
constitute an authorization or permit for the sale of alcoholic beverages. If the applicant wishes to
sell alcoholic beverages at the public assembly, he must obtain a permit for such sales through the
applicable provisions of the Monroe County Code.
Section 8.
Modification of Permit Terms and Revocation of a Permit.
a) If there is a material change in the circumstances of the public assembly after a
permit is granted, the applicant must immediately inform the Planning Director of the change.
b) By agreement with the applicant, the Planning Director may at any time amend the
terms of the permit to impose additional or different conditions. On the basis of material change in
the circumstances, as either reported by the applicant or determined by the Planning Director after
investigation, that present a reasonable likelihood that the public assembly will substantially harm the
public health or safety or the environment, or will substantially impair the normal use of a public
place not covered by the permit, the Planning Director may impose additional or different
conditions to the extent authorized by Sec. 5. If the applicant and the Planning Director cannot
agree on the additional or modified conditions, the Planning Director may unilaterally amend the
permit but such amendment is not effective until a written notice of the permit amendment is
furnished to the applicant.
c) If the change in circumstances, as reported to or determined by the Planning Director,
is such that there is a reasonable likelihood that the public assembly will substantially harm the public
health or safety or the environment and that the harm cannot be avoided by the imposition of
additional or different conditions as authorized by Sec. 5, then the Planning Director must revoke the
permit and immediately inform the applicant in writing of the revocation and the reasons for it.
Section 9.
Planninq Director's Decision is Final Administrative Action.
All decisions made by the Planning Director regarding the issuance, issuance with conditions,
denial, modification or revocation. of a public assembly permit constitute the final administrative
action of Monroe County. Prompt judicial review is as provided by the Laws of Florida.
5
Section 10. Conduct under a Permit not a Violation of Other County Ordinances.
Except as provided in Sec. 7, all actions and conduct at a public assembly permitted by the
terms of a permit are deemed not to violate any County ordinance or regulation, including the
County's land development regulations and comprehensive plan.
Section 11. Violations.
Persons who knowingly cause, authorize or permit a public assembly without a permit or
knowingly cause, authorize or permit a public assembly to take place not in conformity with an
issued permit, are in violation of this ordinance. Violations may be prosecuted in the same manner
as misdemeanors are prosecuted. The violations may be prosecuted in the name of the state in a
court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction
shall be punished by a fine not to exceed $500 or by imprisonment in the County jail not to exceed
60 days or by both such fine and imprisonment. Violations of this ordinance may also be prosecuted
through the issuance of citations as authorized by Sec. 125.69(2), Fla. Stat.. and Chap. 76-435, Laws of
Florida, or through proceedings initiated before the County Code Enforcement Special Master.
Nothing in this section may be construed to prevent the County from seeking to enjoin violations of
this ordinance, or seeking damages for injuries caused by violations of this ordinance, in a court of
competent jurisdiction when authorized by the laws of the State of Florida.
Section 12. Effective Area.
This ordinance is effective in the unincorporated areas of Monroe County.
Section 13. Severabilitv.
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 14. Repeal of Ordinances in Conflict Herewith.
All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to
the extent of said conflict.
Section 15.
Inclusion in the Monroe County Code.
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 to amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering system of the Code.
Section 16.
Effective Date.
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 22nd day of May
,1996.
Mayor Shirley Freeman
Mayor Pro Tem Jack London
Commissioner Wilhelmina Harvey
Commissioner Keith Douglas
Commissioner Mary Kay Reich
yes
yes
no
yes
no
jordassembly
7
J9annp 1.. }&olbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF lliE CIRCUIT COURT
MONROE COUNTY
SOO WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
June 3, 1996
CER'l'UflEU ,MAIL
RETURN REcEIPT REQUESTED
Mrs. Liz Cloud
Florida Department be State
Bureau of AdminiStrative Code and Laws
The Elliot Building I
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Monroe County Ordinance No. 030-1996,
establishing a permit procedure for public assemblies; providing for definitions;
requiring that no person may hold a public assembly without a permit; providing for a
permit application procedure and fee; providing for the grant of a public assembly
permit by the Planning Director with or without conditions and providing criteria
therefor; providing for the denial of a public assembly permit by the Planning Director
and the grounds for such denial; providing that conduct at a public assembly authorized
by a permit does not violate other County ordinances excepting those that regulate noise
and alcoholic beverages for which separate permits must be obtained; providing for the
modification or revocation of a public assembly permit and the criteria therefor;
providing that the Planning Director's decision concerning a public assembly permit or
application is the final administrative action of Monroe County; providing penalties for
violations; providing that this Ordinance is effective in the unincorporated areas of
Monroe County; providing for severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of
Ordinances; and pro,yiding for an effective date.
!}
Mrs. Liz Cloud
June 3, 1996
Page 2
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in fonnal session, on May 22, 1996.
Please file for record.
Sincerely,
I
I
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
, I
II
PlL~~)~?<<'f4.. )
Dep y Cler
Enclosure
cc: County Attorney
County Administrator
Municipal Code Corporation
Commissioner Wilhelmina Harvey
Sheriff Rick Roth
Growth Management Director
Planning Director
Code Enforcement Director
File
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE :. HISTORIC PRESERVATION BOARDS
ttlli.c of the Sccrctars 'j?�. Historic Florida Keys Preservation Board
hinsum of Aahninistratisc Sers ices 41,7 •.
Historic Palm Beach Count Preservation Board
Ui Corporations aCorporations . Y
His Won ,i Cultural:\t R,irs ;;�> Historic Pensacola Preservation Board
Dirnum of I:Ic:bons •, ;tv ' Historic St.Augustine Preservation Board
his icon of I I istorical Resources
Historic Tallahassee Preservation Board
Uis ision of Lthian and Inti,no tit 0Services •4yG' :.:..:::`aL
Division or I.ieensing Historic Tampa/HiIlsMrmugh County
Preservation Board
MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE RINGLING MUSEUM OF ART
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
June 7 , 1996
t ,
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 th,e provisions of Section 125 . 66 , Florida Statutes,
this will acknowledge your letters dated June 3 , 1996 and
certified copy each of Monroe County Ordinance Nos . 96-29 and
96-30, which were filed in this office on June 6 , 1996 .
•
Sincerely,
•
Q-12-12"-A-S
Liz Clou , 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)488-7868. • WWW Address http://www.dos.state.fl.us • E-Mail: election@mail.dos.state.fl.us
•
• •
•
- -
• • .
: TWICIPAL CODE HIPORATION •
:;stomer Sr ire .H#4,5% 4-- i41 -MOSI-AGER
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Bc.:. 2235
cr JUN-7'96 '
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Tallaha !M ssee, Fl 1S-1.:235 *4. 2 0 464,,
.•
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•
; 00 1171 received the iollooing material.
;OH F01 .;ool assisJahce and cooperetion. 1
Jn OE. 030.1O91 and 023-1995.
TO:
OE. Roth A. Jantzen
Depot;. C)erk
Monroe County
FO 1980
• key West, FL 33040
•
1-800-262-CODE (Mat' •
ASK US AEU 'AWN • •
visit our
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E-mail your ordinan, 111111144411112121111114111111411111illifi2 iii1 la I
•,•
_ 41
PROOF OF PUBLICATION
f
...
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY. FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
.' Torn Schumaker
Before the underSIgned authorIty personally appeared _____ m' __
_ who on oath, says that he/she i
___ pu~lishe:_~__~_ 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
IN THE MATTER OF: Public Assemhl i p!'; County Ordinance in the
COurt was published in said newspaper in the issues of
Jan. 27, Feb. 10, 1996
-~~-~~~~~---------
-----
---------------------
AlliaDt further says that tlie 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 precedinl
the first publication of the attached copy of advertisement; and affiant fu....
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)
SEE REVERSE
~.r"~=---'" ~,'.' \, ~<.:Lt.8[RGER
: -', \ ~" C'J','rn Exp. 8/14/96
OfA!l\\ . ^ .
~ r;PU811C )~d Fbllr1cO By ~€rV!ce Ins
~\',-- . :i-.,I \;., "(,')10~d3
...- _ \~... ' " \.I'J~ ..,\.,
SWORN TO A:~5.;~~~~;~~ B~~C;;;: ME THIS
(seal)
13th
DA Y OF
__t;f;~(f
Feb.
96
i.
•
•
'no.7250300. .. .
NOTICE OF INTENTION TO
'CONSIDER ADOPTION OF
COUNTY ORDINANCE - F
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
A-PERMIT,PROCEDURE FOR
PUBLIC ASSEMBLIES; PROVID-
ING FOR DEFINITIONS;REQUIR-
• ING THAT NO PERSON MAY
HOLD A PUBLIC ASSEMBY
WITHOUT A PERMIT; PROVID-
ING FOR A PERMIT APPLICA-
TION PROCEDURE AND FEE;
PROVIDING FOR THE GRANT OF
A PUBLIC_ASSEMBLY PERMIT-
BY THE PLANNING DIRECTOR
WITH OR WITHOUT CONDI-
TIONS AND PROVIDING CRITE-
RIA THEREFOR; PROVIDING
FOR THE DENIAL OF A PUBLIC
ASSEMBLY PERMIT BY THE
PLANNING DIRECTOR AND THE
GROUNDS FOR SUCH DENIAL;
PROVIDING THAT CONDUCT AT
• A PUBLIC ASSEMBLY AUTHO-
RIZED BY A PERMIT DOES NOT
VIOLATE OTHER COUNTY OR-
DINANCES-EXCEPTING THOSE
THAT REGULATE NOISE AND
ALCOHOLIC BEVERAGES FOR
WHICH SEPARATE PERMITS-
MUST BE OBTAINED; PROVID
. ING FOR THE MODIFICATION
OR REVOCATION OF A PUBLIC
'ASSEMBLY PERMIT AND.THE
CRITERIA THEREFOR; PROVID-
ING THAT THE PLANNING DI-
RECTOR'S DECISION CON-
CERNING A PUBLIC ASSEMBLY
PERMIT OR APPLICATION IS
THE FINAL ADMINISTRATIVE
ACTION OF MONROE COUNTY;
PROVIDING PENALTIES FOR VI-
OLATIONS; PROVIDING THAT
THIS ORDINANCE IS EFFECTIVE
IN THE UNINCORPORATED AR-
EAS OF MONROE COUNTY;
PROVIDING FOR SEVERABILI-
• TY; PROVIDING FOR THE RE-
PEAL OF ORDINANCES INCON-
.,.SISTENT HEREWITH; PROVID-
ING FOR INCORPORATION INTO
THE MONROE CODE OF-ORDI-
NANCES;PROVIDING FOR THE
'REPEAL OF ALL ORDINANCES
INCONSISTENT - HEREWITH;i
AND PROVIDING.AN EFFECTIVE'
• DATE.
Pursuant to Section 286.0105,;
Florida-Statutes, notice is givens--- - - - - -
that if a person decided to appeal
any decision made by the Board:
with respect to any matter con-'
sidered at such hearings or meet-1
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
tb 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
Publish Jan.27,Feb:10,1996
Florida Keys Keynoter.
g.cr..c,c.
'1.
KEr'J\vEST
ITIZEN
.f:1MeWtKnM*A::9&;n::J$mnn:{:{:qJ?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 /
inth matter of {\::)o-tt'(JL cJ~ jr\.~~\'o"'" PJ2.fYV'\l'~
in the "'-
issues of ----d CUr\tA.fJ..J.'( ~ l S
court, was published i~ai9 newspaper in the
J.. ~b1'\A.."'r \.(.\-~,' 'lk
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
I 1996
Expires' d/fl??
Personally Known ~r Produced Identification _.
(Name of Notary Public)
Type of Identification Produced
~,~_h!.~.:'~~~~~',_~'__'_.;~~~~~~__
,-, .,;" '.i"C', N,,;~C { E, Lid! I
~i ,:\"~;~~\<\ MY COMMiSSiON II (iG 354!24
i ':.:';S~:\:::~;"_B:ncto~?:::;~:;~~_;:::'~~~i~' l;;~~'~iillrs J
NOTICE OF INTENTION TO CON-
ROVIDINGTHAT CONDUCT AT A
SIDER ADOPTION OF ECOUNTY PUBLIC AUTHORIZED BY A PER- '-
TICEORDINANCE ' MIT DOES NOT VIOLATE OTHER
NO ' I$ HEREBY GIVEN. TO 'COUNTY ORDINANCES EXCEPT-
; WHO, IT MAY CONCERN that on• ING THOSE THAT REGULATE
Wednesday February 21, 1996 at NOISE AND ALCOHOLIC BEVER- '
• '10;:00 a.m.at the Key Largo Library, ' AGES FOR WHICH SEPARATE '
Tradewinds'nds Shopping .Center, Key ; PERMITS MUST.BEOBTAINED;
Largo,, 'Monroe"County, Florida, the, PROVIDING FOR THE MODIFICA- .
Boards off County Commissioners of , TION OR REVOCATION OF A PUB-,
Monroe County, Florida, Intends to. LIC ASSEMBLY PERMIT AND THE
ingconsidern the inancen of the follow- CRITERIA THEREFORE;PROVID-
I ing County ordinance: ING THAT THEPLANNING DIREC-
'AN ORDINANCE ESTABLISHING A TORS DECISION CONCERNING A I
• PERMIT PROCEDURE FOR PUB- PUBLIC ASSEMBLY PERMIT OR
LIC ASSEMBLIES;PROVIDING • I ; APPLICATION IS THE FINAL AD-
FOR DEFINITIONS;REQUIRING ' . MINISTRATIVE ACTION OF MON=
THAT NO PERSON MAY HOLD A o i ROECOUNTY;PROVIDING PEN .i
PUBLIC ASSEMBLY WITH OUT A ' i ALTIES FOR VIOLATIONS;PRO-
PERMIT;PROVIDING FOR A PER- ' j VIDING THAT THIS ORDINANCE IS
MIT APPLICATION PROCEDURE EFFECTIVE IN THE UNINCORPO- '
, AND FEE;PROVIDING FOR THE ' l •RAT,ED AREAS OF MONROE
GRANT OF A PUBLIC ASSEMBLY , : COUNTY;PROVIDING FOR SEV- I'
PERMIT BY THE PLANNING DI- 'j , ERABILITY;PROVIDING FOR THE
RECTOR WITH OR WITHOUT CON-. : ; REPEAL OF;ORDINANCES INCON-!
DITIONS AND PROVIDING CRITE- SISTENT HEREWITH;PROVIDING 1
RIA THEREFORE;PROVIDING ' ' FOR INCORPORATION INTO THE f .
j FOR THE DENIAL OF A PUBLIC AS- MONROE CODE OF ORDINANCES;',
SEMBLY-PERMIT-BY'THE-PLAN:?, PROVIDING FOR THE REPEAL OF.
NING DIRECTOR AND THE ALL ORDINANCES INCONSISTENT"
GROUNDS FOR SUCH DENIAL; HEREWITH;AND PROVIDING AN_
.EFFECTIVE DATE.
J i Pursuant to Section 286.0105. Flor• ..
Ida Statutes, notice is given that:if.,
person decided•to appeal and deci-i
sion made by the'Board with respect!
to any matter'.considered at such;
hearinga'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 l
based.. . . •
Copies of the above-referenced ordi-
nance•are available for review at the 1
various public libraries in Monroe i
County,Florida. -
Dated at Key West, Florida this 5th li
day of January,1996
DANNY L.KOLHAGE,Clerk of the I
• • Circuit Court and ex officio Clerk of
. the Board of County Commissioners
of Monroe County,Florida, i
.lanua 29st&Fe ruary 4th,1.996.'Y
C3 ,0 . c -(' .
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
c;it Key West in Monroe County, Florida; that the attached copy of the advertisement, being
a legal notice' '
in the matter of ~() ct \{(. (.l ~ -::tV'\1-eY't.\o-,J I p~ L\'(. v4 ss<~b 1l~.s.
in the n 1"-
issues of -J a..nv..4i'1
court, was published in said newspaper in the
/.. \ ~ ~ h flA.~ ''1 \.i) \ 1\,""
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 this
, 1996
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, 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 A
PERMIT PROCEDURE FOR PUB-
LIC ASSEMBLIES; PROVIDING
FOR DEFINITIONS; REQUIRING
THAT NO PERSON MAY HOLD A
PUBLIC ASSEMBLY WITH OUT A
PERMIT; PROVIDING FOR A PER-
MIT APPLICATION PROCEDURE
AND FEE; PROVIDING FOR THE
GRANT OF A PUBLIC ASSEMBLY
PERMIT BY THE PLANNING DI-
RECTOR WITH O'R WITHOUT CON-
DITIONS AND PROVIDING CRITE-
RIA THEREFORE; PROVIDING
FOR THE DENIAL OF A PUBLIC AS-
SEMBL Y PERMIT BY THE PLAN-
NING DIRECTOR AND THE
GROUNDS FOR SUCH DENIAL;
PROVIDING THAT CONDUCT AT A
PUBLIC AUTHORIZED BY A PER-
MIT DOES NOT VIOLATE OTHER
COUNTY ORDINANCES EXCEPT-
ING THOSE THAT REGULATE
NOISE AND ALCOHOLIC BEVER-
AGES FOR WHICH SEPARATE
PERMITS MUST BE OBTAINED;
PROVIDING FOR THE MODIFICA-
TION OR REVOCATION OF A PUB-
LIC ASSEMBLY PERMIT AND THE
CRITERIA THEREFORE; PROVID-
ING THAT THE PLANNING DIREC-
TORS DECISION CONCERNING A
PUBLIC ASSEMBLY PERMIT OR
APPLICATION IS THE FINAL AD-
MINISTRATIVE ACTION OF MON-
ROE COUNTY; PROVIDING PEN-
AL TIES FOR VIOLATIONS; PRO-
VIDING THAT THIS ORDINANCE IS
EFFECTIVE IN THE UNINCORPO-
RATED AREAS OF MONROE
COUNTY; PROVIDING FOR SEV-
ER'\RILlTY; PROVIDING FOR THE
REF :':AL OF ORDINANCES INCON-
SISTENT HFREWI ' - - '-""~I~
FOR INCORPORA-
MONROE CODE OF Un....' _.0,
PROVIDING FOR THE REP!:r\L.. OF
ALL ORDINANCES INCONSISTENT
HEREWITH; AND PROVIDING AN
EFFECTIVE DATi:. u__
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-
dtnce upon which thaappeal is to be
=~~~ of t,he ab~ve.rAferent8d ordi- ! I
n~e are available for review at the
va110us public libraries inuMonroe
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 .
21st & Februa 4th,1996.
7ie
se"VINCI THE UPJ:tllA K.VS
FOR OVER 10 YEARS
BOX 1197 . TAVERNIER, FLA. 33070
(305) 862-3218
FAX 852-8248
DAGNY WOLPF
Belltor. Publllber
STATEM:ENT OF PROOF OF FUBLi\:A.TION
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 _1/25 AND 2/8/96.
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.
,.-j ~
s:!l~ .
<j~ ')
SWORN TO AND SUBSCRIBED BEFORE ME TillS _8TH DAY OF __FEBRUARY_A.D. , 1996__
~d~j k /~
NOTARY PUBLIC
!)!WEE R DOVE
i'lly CornrniMlon 0C4St1l8
Expires Feb. 06, 1988
30nded by ANa
';00-852-5878
-,'
'",,' 1,1"
MY COMMISSION EXPIREl'I: Tic, p',
. .-,'.
,
w . _
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 A PERMIT PROCEDURE -
' FOR PUBLIC ASSEMBLIES;PROVIDING FOR DEFINITIONS;RE-
QUIRING THAT NO PERSON MAY HOLD A PUBLIC ASSEMBLY
' WITHOUT A PERMIT;PROVIDING FORA PERMIT APPLICATION
PROCEDURE AND l• ;PROVIDING FOR THE GRANT OF A PUB-
LICASSEMBLYPERMITBYTHEPLANNINGDIRECTORWITHOR
WITHOUT CONDITIONS AND PROVIDING CRITERIA THERE-
FOR;PROVIDING FOR THE DENIAL OF A PUBLIC ASSEMBLY
PERMITBYTHEPLANNINGDIRECTORANDTHEGROUNDSFOR - - -
SUCH DENIAL;PROVIDING THAT CONDUCT AT A PUBLIC AS--
SEMBLY AUTHORIZED BY A PERMIT DOES NOT VIOLATE OTH-
ER COUNTY ORDINANCES EXCEPTING THOSE THAT REGU-
LATE NOISE AND ALCOHOLIC BEVERAGES FOR WHICH SEPA-
-RATE PERMITS MUST BE OBTAINED; PROVIDING FOR THE
MODIFICATION OR REVOCATION OF A PUBLIC ASSEMBLY
PERMIT AND THE CRITERIA THEREFOR;PROVIDING THAT THE
PLANNING DIRECTOR'S DECISION CONCERNING A PUBLIC
ASSEMBLY PERMIT OR APPLICATION IS THE FINAL ADMINIS-
TRATIVE ACTION OF MONROE COUNTY;PROVIDING PENAL-
TIES FOR VIOLATION;PROVIDING THAT THIS ORDINANCE IS
EFFECTIVE IN THE UNINCORPORATED AREAS OF MONROE
COUNTY; PROVIDING FOR SEVERABILITY;PROVIDING FOR
REPEAL OFALL ORDINANCES INCONSISTENT HEREWITH;PRO-
VIDING-FOR INCORPORATION INTO THE MONROE COUNTY
CODE OFORDINANCES;ANDPROVIDINGANEFFECTIVEDATE.
. 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. -
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
•
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 A PERMIT PROCEDURE FOR PUBLIC
ASSEMBLIES; PROVIDING FOR DEFINITIONS; REQUIRING THAT NO PERSON
MAY HOLD A PUBIC ASSEMBLY WITHOUT A PERMIT; PROVIDING FOR A
PERMIT APPLICATION PROCEDURE AND FEE; PROVIDING FOR THE GRANT OF
A PUBLIC ASSEMBLY PERMIT BY THE PLANNING DIRECTOR WITH OR WITHOUT
CONDITIONS AND PROVIDING CRITERIA THEREFOR; PROVIDING FOR THE
DENIAL OF A PUBLIC ASSEMBLY PERMIT BY THE PLANNING DIRECTOR AND
THE GROUNDS FOR SUCH DENIAL; PROVIDING THAT CONDUCT AT A PUBLIC
ASSEMBLY AUTHORIZED BY A PERMIT DOES NOT VIOLATE OTHER COUNTY
ORDINANCES EXCEPTING THOSE THAT REGULATE NOISE AND ALCOHOLIC
BEVERAGES FOR WHICH SEPARATE PERMITS MUST BE OBTAINED; PROVIDING
FOR THE MODIFICATION OR REVOCATION OF A PUBLIC ASSEMBLY PERMIT
AND THE CRITERIA THEREFOR; PROVIDING THAT THE PLANNING DIRECTOR'S
DECISION CONCERNING A PUBLIC ASSEMBLY PERMIT OR APPLICATION IS
THE FINAL ADMINISTRATIVE ACTION OF MONROE COUNTY; PROVIDING
PENALTIES FOR VIOLATIONS; PROVIDING THAT THIS ORDINANCE IS EFFECTIVE
IN THE UNINCORPORATED AREAS OF MONROE COUNTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE 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)
ORDINANCE NO.
Commissioner Wilhelmina Harvey
-1995
AN ORDINANCE ESTABLISHING A PERMIT PROCEDURE FOR PUBLIC ASSEMBLIES;
PROVIDING FOR DEFINITIONS; REQUIRING THAT NO PERSON MAY HOLD A PUBIC
ASSEMBLY WITHOUT A PERMIT; PROVIDING FOR A PERMIT APPLICATION
PROCEDURE AND FEE; PROVIDING FOR THE GRANT OF A PUBLIC ASSEMBLY PERMIT
BY THE PLANNING DIRECTOR WITH OR WITHOUT CONDITIONS AND PROVIDING
CRITERIA THEREFOR; PROViDING FOR THE DENIAL OF A PUBLIC ASSEMBLY PERMIT
BY THE PLANNING DIRECTOR AND THE GROUNDS FOR SUCH DENIAL; PROVIDING
THAT CONDUCT AT A PUBLIC ASSEMBLY AUTHORIZED BY A PERMIT DOES NOT
VIOLATE OTHER COUNTY ORDINANCES EXCEPTING THOSE THAT REGULATE NOISE
AND ALCOHOLIC BEVERAGES FOR WHICH SEPARATE PERMITS MUST BE OBTAINED;
PROVIDING FOR THE MODIFICATION OR REVOCATION OF A PUBLIC ASSEMBLY
PERMIT AND THE CRITERIA THEREFOR; PROVIDING THAT THE PLANNING DIRECTOR'S
DECISION CONCERNING A PUBLIC ASSEMBLY PERMIT OR APPLICATION IS THE
FINAL ADMINISTRATIVE ACTION OF MONROE COUNTY; PROVIDING PENALTIES FOR
VIOLATIONS; PROVIDING THAT THIS ORDINANCE IS EFFECTIVE IN THE
UNINCORPORATED AREAS OF MONROE COUNTY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE CODE OF ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1.
Definitions:
aJ Flea market means a market. out of doors or primarily out of doors. where new
or used items are sold from individual locations. with each location being operated
independently from the other locations. Items sold typically include. but are not limited to,
antiques. consumer goods. used goods. rare items. decorations, used books and used
magazines.
b) Permit means a written statement issued by the Planning Director authorizing the
holding of a public assembly under stated conditions.
c) Person means an individual. corporation. business trust. estate. trust. partnership
or association, or any other legal entity.
dJ Planning Director means the individual so designated by the Board of County
Commissioners or his designee.
e) Public assembly means an outdoor gathering. or a gathering in temporary
structures such as tents. of individuals which may be attended by members of ,the general
public. with or without an admission charge. when the anticipated daily attendance is
expected to exceed 250 persons a day. including flea markets, but excluding events or
functions put on by any government agency.
f) Public place means:
(iJ a place with respect to which the state, County or federal government
normally has authority to control or prohibit use by the general public; or.
(ii) a place with respect to which a private person permits use by the
general public.
Section 2.
Public Assemblv Permit Required.
No person may hold a public assembly unless a permit has first been obtained from the
Planning Director.
Section 3.
Application for a Public Assemblv Permit.
a) An application for a permit to hold a public assembly must be filed with the
Planning Director at least 9 days before the day on which the public assembly is to be held. A
$10 fee must accompany the application or it may not be accepted by the Planning Director.
However, if the public assembly is to be held within 9 days after a specific and unanticipated
event or announcement of public importance and in response to it, the application may be
filed within 24 hours after the event or announcement and at least 36 hours before the public
assembly is to be held. The Planning Director may also receive and act on an application
even though the application was not filed in time.
b) The application for a permit to hold a public assembly must be in writing and
signed by an individual authorized to act for the person sponsoring the public assembly. The
application must state:
(i) the date(s) and hours the public assembly is to be held;
(ii) the name, residence address, and telephone number of the applicant,
the principal officers of the applicant. the individual making the application,
and any other individual authorized to represent the applicant in applying for
the permit;
(iii) the designated place where the assembly is to be held;
(iv) the date(s) when the public assembly is to be held and the anticipated
daily hours of operation;
(v) that the requested use by the applicant of the designated place has
been granted by the person or government having the authority to grant the
use of that place (in the case of County-owned property, the grant of the
permit is permission to use the place);
(vi) the estimated number of persons expected to participate in or attend
the public assembly;
(vii) the general nature of the public assembly and the arrangements made
to protect the public health and safety during the conduct of the public
assembly, including arrangements with respect to traffic direction and control.
crowd control and sanitation facilities;
(viii) any additional information the applicant wishes to furnish.
c) Upon the receipt of an application for a permit to hold a public assembly, the
Planning Director must note the time of filing on the application.
2
d) At the request of the Planning Director. the individual authorized to represent
the applicant. the Monroe County Sheriff or his designee, the Building Official, the Fire Marshal,
and a representative of the County Health Department must meet with the Planning Director
to negotiate mutually satisfactory conditions under which the public assembly may be held to
avoid substantial harm to the public health or safety and to minimize or to avoid substantial
harm to. or impairment of the normal use of, a public place or to avoid substantial harm to the
environment.
e) The Planning Director must:
(i) issue the public assembly permit on the terms requested;
(ii) issue the permit subject to conditions; or
(iii) deny the permit.
The Planning Director must give the applicant immediate notice in writing of his action on the
application. The Planning Director is deemed to have granted the permit on the terms
requested if in the case of a permit applied for at least 9 days before the date of the public
assembly, the Planning Director fails to issue a permit or a written denial 4 days before the
scheduled date of the public assembly, or, in the case of a permit applied for 8 days or less
before the date of the public assembly, the Planning Director fails to issue a permit or a denial
24 hours before the scheduled date of the public assembly.
Section 4.
Grant of a Permit.
If there is not a reasonable likelihood that the public assembly will substantially harm the
public health or safety or the environment or substantially impair the normal use of a public
place, then the Planning Director must grant the permit on the terms requested.
Section 5.
Criteria for Imposing Conditions on the Permit.
If there is a reasonable likelihood that a public assembly will substantially harm the
public health or safety or environment or substantially harm, or impair the normal use of, a
public place, then the Planning Director may grant the permit only upon conditions
reasonably necessary to avoid substantial harm to the public health or safety or environment
and to minimize the effect of. or avoid, the substantial impairment of the normal use of a
public place. These conditions may include designating a different time and place; restricting
the daily hours and duration of the public assembly; requiring the installation of temporary
sanitation facilities; requiring the provision of emergency medical or fire services; requiring the
applicant to establish crowd and traffic control procedures; requiring the presence of law
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enforcement officers; requiring restoration of the public assembly location to its preassembly
condition: and requiring the applicant to designate individuals in charge to facilitate dealing
with any emergencies that may arise. If there is an admission charge or if goods or services are
sold or donations solicited in exchange for goods or services, then the Planning Director may
require the person holding the p_ublic assembly to reimburse the County for the cost of any
additional law enforcement officers, emergency medical personnel. and firefighters; to restore
the public assembly location to its preassembly condition, and to furnish a bond, in a form
satisfactory to the County Attorney, to insure reimbursement and restoration. In determining
whether to grant a permit only upon compliance with conditions, the Planning Director must
consider whether:
a) a permit has been granted to others to hold a public assembly at the same time
in the same or nearby location;
b) public sanitation facilities are adequate;
c) noise, litter. the pollution of water or air, or damage to the environment, will be
caused by the public assembly;
d)
traffic generated by the public assembly will affect normal traffic movement:
e)
attend;
the time and place are suitable in view of the number of persons expected to
f) food, water, and emergency medical and fire services are accessible to the
public assembly:
g) temporary structures such as tents or stages are anticipated;
h) there is sufficient time to permit law enforcement, fire and emergency medical
officers to make the necessary arrangements to avoid substantial harm to the public health
and safety:
i) the public assembly will substantially impair the provision of fire and police
protection and medical and other essential services;
j) the public assembly will unreasonably interfere with the quiet enjoyment of a
residential community;
k) there is an alternate available location that will reasonably serve the objectives
of the public assembly if the requested location will likely result in substantial harm to the public
health or safety or environment or will cause substantial harm to, or impairment of the normal
use of, a public place;
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I) there is a special relationship between the subject of the public assembly and
the location that makes itreasonable to impose extraordinary burdens on the individuals
residing or present in nearby areas; and
m) the imposition of conditions will materially interfere with the reasonable and
lawful objectives of the public assembly.
Section 6.
Denial of a Permit.
If there is reasonable likelihood that a public assembly will substantially harm the public
health or safety or the environment and the harm cannot be sufficiently mitigated or avoided
by the imposition of conditions, then the Planning Director must deny the permit application
and immediately inform the applicant in writing stating the reasons for denial.
Section 7.
Noise Permit - Alcoholic Beveraqes.
If the public assembly will require a noise permit or variance under Chap. 13, Art. 3,
Monroe County Code (Noise Control), then the applicant must obtain a noise permit or
variance under the procedures set forth in that Article. A public assembly permit does not
authorize, waive, or exempt a violation of Chap. 13, Art. 3 , Monroe County Code. A public
assembly permit also does not constitute an authorization or permit for the sale of alcoholic
beverages. If the applicant wishes to sell alcoholic beverages at the public assembly, he must
obtain a permit for such sales through the applicable provisions of the Monroe County Code.
Section 8.
Modification of Permit Terms and Revocation of a Permit.
a) If there is a material change in the circumstances of the public assembly after a
permit is granted, the applicant must immediately inform the Planning Director of the change.
b) By agreement with the applicant. the Planning Director may at any time amend
the terms of the permit to impose additional or different conditions. On the basis of material
change in the circumstances, as either reported by the applicant or determined by the
Planning Director after investigation, that present a reasonable likelihood that the public
assembly will substantially harm the public health or safety or the environment, or will
substantially impair the normal use of a public place not covered by the permit, the Planning
Director may impose additional or different conditions to the extent authorized by Sec. 5. If the
applicant and the Planning Director cannot agree on the additional or modified conditions,
the Planning Director may unilaterally amend the permit but such amendment is not effective
until a written notice of the permit amendment is furnished to the applicant.
c) If the change in circumstances, as reported to or determined by the Planning
Director, is such that there is a reasonable likelihood that the public assembly will substantially
harm the public health or safety or the environment and that the harm cannot be avoided by
the imposition of additional or different conditions as authorized by Sec. 5, then the Planning
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Director must revoke the permit and immediately inform the applicant in writing of the
revocation and the reasons for it.
Section 9.
Planninq Director's Decision is Final Administrative Action.
All decisions made by the Planning Director regarding the issuance. issuance with
conditions, denial. modification or revocation, of a public assembly permit constitute the final
administrative action of Monroe County.
Section 10.
Conduct under a Permit not a Violation of Other County Ordinances.
Except as provided in Sec. 7, all actions and conduct at a public assembly permitted
by the terms of a permit are deemed not to violate any County ordinance or regulation,
including the County's land development regulations and comprehensive plan.
Section 11.
Violations.
Persons who knowingly cause, authorize or permit a public assembly without a permit or
knowingly cause, authorize or permit a public assembly to take place not in conformity with an
issued permit. are in violation of this ordinance. Violations may be prosecuted in the same
manner as misdemeanors are prosecuted. The violations may be prosecuted in the name of
the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof
and upon conviction shall be punished by a fine not to exceed $500 or by imprisonment in the
County jail not to exceed 60 days or by both such fine and imprisonment. Violations of this
ordinance may also be prosecuted through the issuance of citations as authorized by Sec.
125.69 (2), Fla. Stat.. and Chap. 76-435, Laws of Florida, or through proceedings initiated before
the County Code Enforcement Special Master. Nothing in this section may be construed to
prevent the County from seeking to enjoin violations of this ordinance, or seeking damages for
injuries caused by violations of this ordinance, in a court of competent jurisdiction when
authorized by the laws of the State of Florida.
Section 12.
Effective Area.
This ordinance is effective in the unincorporated areas of Monroe County.
Section 13.
Severabilitv.
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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 14.
Repeal of Ordinances in Conflict Herewith.
All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby
repealed to the extent of said conflict.
Section 15.
Inclusion in the Monroe County Code.
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 1 6.
Effective Date.
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
day of
,1996.
Mayor Shirley Freeman
Mayor Pro T em 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
Effective Date
presord/ assembly
Mayor/Chairman
Rob Wolfe
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