Ordinance 032-1996
..
Commissioner Douglass
ORDINANCE NO. 032 -1996
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, CLARIFYING THAT A MONROE COUNTY
PARKING TICKET MAY BE ISSUED FOR ILLEGALLY PARKING IN PARKING
SPACES RESERVED FOR THE DISABLED; CREATING SECTION 11-9, MONROE
COUNTY CODE, IN ORDER TO PROVIDE THAT THE BOARD OF COUNTY
COMMISSIONERS MAY BY RESOLUTION RESTRICT OR PROHIBIT THE
PARKING OF VEHICLES ALONG PORTIONS OF COUNTY ROADS AND AT
CERTAIN CONGESTED AREAS, AND AT NIGHT, AND MAY BY RESOLUTION
RESTRICT OR PROHIBIT THE PARKING OF TRUCKS WITH A ONE TON OR
MORE CAPACITY ALONG COUNTY ROADS IN AREAS DESIGNATED
IMPROVED SUBDIVISION OR RESIDENTIAL SUBURBAN, AND FURTHER
PROVIDING FOR A $20.00 CIVIL PENALTY FOR VIOLATIONS; CREATING
SECTION 11-10, MONROE COUNTY CODE, IN ORDER TO DIRECT THAT THE
MONROE COUNTY CLERK OF THE COURT FURNISH THE DEPARTMENT OF
HIGHWAY SAFETY AND MOTOR VEHICLES WITH A COMPUTER READABLE
LIST OF ALL PERSONS WITH THREE OR MORE OUTSTANDING COUNTY
PARKING TICKETS OR ONE OR MORE TICKETS FOR DISABLED PARKING
SPACE VIOLATIONS; PROVIDING THAT THE MONROE COUNTY TAX
COLLECTOR MAY NOT ISSUE LICENSE PLATES OR REVALIDATION STICKERS
TO PERSONS WITH THREE OR MORE OUTSTANDING COUNTY PARKING
TICKETS UNTIL A RECEIPT FROM THE CLERK OF THE COURT IS PRESENTED
SHOWING THAT THE TICKET FINES HAVE BEEN PAID AND FURTHER
PROVIDING THAT THE CLERK OF THE COURT AND THE TAX COLLECTOR
ARE EACH ENTITLED TO TEN PERCENT OF THE AMOUNTS SO CpLLECTED .
TO COVER THEIR COSTS; PROVIDING FOR SEVERABILITY; PROV1Ji)ING FO~
THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; ~OV.JbING
FOR INCORPORATION INTO THE MONROE COUNTY CQDE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. I
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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE CqgNTY, -FLORIDA,
THAT:
Section 1.
Sec. 11-2, Monroe County Code, is hereby amended to read:
(a) A fine of two hundred fifty dollars ($250.00) is hereby
imposed for violations involving illegal parking in parking spaces
designated under Florida Statutes Section 316.1956 for disabled
persons. A law enforcement officer or parkina enforcement
specialist who discovers a vehicle parked in violation of this
subsection may issue a ticket. in the form used by the County for
parkina violations, to the driver or, if the vehicle is unattended.
attach the ticket to the vehicle in a conspicuous place. The Iiabilitv
for payment of the parkina ticket is pursuant to Sec. 316.1967. Fla.
Stat.
Section 2.
Section 11-9, Monroe County Code, is created to read:
Sec. 11-9. Prohibition or restrictions on parking vehicles; signs to
be erected; penalties.
(a) The Board of County Commissioners may by resolution
restrict or prohibit the parking, standing or stopping of vehicles along
County roads. The road(s) affected must be posted with signs that
state the restriction or prohibition. After posting, no person may park,
stop or stand a vehicle in violation of the posted restriction or
prohibition.
(b) The Board of County Commissioners may by resolution
restrict or prohibit the parking, standing or stopping of trucks with a
capacity of one ton or more on County roads within areas designated
Improved Subdivision or Suburban Residential. The road(s) affected
must be posted with signs that state the restriction or prohibition. After
posting, no person may park, stop or stand such a truck in violation of
the posted restriction or prohibition.
(c) The Board of County Commissioners may by resolution
restrict or prohibit the parking, stopping or standing of vehicles on
hazardous or congested portions of County roads, intersections or
parking lots. The portion of the road(s), intersection(s) or parking lot(s)
affected must be posted with signs that state the restriction or
prohibition. After posting, no person may park, stop or stand a vehicle
in violation of the posted restriction or prohibition.
(d) The Board of County Commissioners may by resolution
restrict or prohibit the parking, standing or stopping of vehicles along
County roads during the nighttime hours. The road(s) affected must be
posted with signs that state the restriction or prohibition. After posting,
no person may park, stop or stand a vehicle in violation of the posted
restriction or prohibition.
(e) The noncriminal civil penalty for a violation of subsection
(a), (b), (c) or (d) and of the resolution designating the restricted or
prohibited parking area is $20.00. A law enforcement officer or parking
enforcement specialist who discovers a vehicle parked in violation of
subsection (a), (b), (c) or (d) and the resolution may issue a ticket in the
form used by the County for parking violations to the driver or, if the
vehicle is unattended, attach the ticket to the vehicle in a conspicuous
place. The liability for the payment of the ticket is pursuant to Sec.
316.1967, Fla. Stat. Penalties collected under this section must be
remitted to the County's general fund.
Section 3.
Sec. 11- 10, Monroe County Code, is created to read:
Sec. 11-10.
Collection of civil parking penalties.
(a) As authorized by Sec. 316.1967(6), Fla. Stat., the Monroe
County Clerk of the Court is directed to supply the State Department of
Highway Safety and Motor Vehicles with a magnetically encoded
computer tape reel or cartridge, or to supply by other electronic
means, data that is machine readable by the installed computer at the
Department, listing persons who have three or more outstanding
County parking violations or one or more violations of Sec. 11-2,
Monroe County Code, concerning disabled parking space violations.
(b) As authorized by Sec. 320.03(8), Fla. Stat., the Monroe
County Tax Collector may not issue a license plate or revalidation
sticker to an applicant whose name appears on the list referred to in
subsection (a) until that person presents a receipt from the Clerk of the
Court showing that the County parking fines outstanding have been
paid.
(c) The Tax Collector and the Clerk of the Court are each
entitled to receive monthly, as costs for implementing and
administering this section, 10% of the civil penalties and fines collected.
This section applies even though a no parking ordinance requires that
all penalties collected be deposited in a certain account or accounts.
Section 4.
All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
Section 5.
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 6.
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 7.
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 19tbay of
June
,1996.
Mayor Freeman
Mayor Pro Tem London
Commissioner Harvey
Commissioner Douglass
Commissioner Reich
yes
yes-
~
-
~
yes
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
BOl\RD OF COUNTY COMMISSIONERS ,
OF MONROE COUNTY, FLORIDA. ..... ...""."
By ~~~..
aa/resord/parking
".
,
J)annp 1.. ~olbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 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
July 1, 1996
CER'l'DlEO I MAIL
RETURN RECEIPT REQUFSTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please find a cel1ified copy of Monroe County Ordinance No. 032-1996,
clarifying that a Monroe County parldng ticket may be issued for illegally parking in
parking spaces reserved for the disabled; creating section 11-9, Monroe County Code, in
order to provide that the Board of County Commissioners may be Resolution restrict or
prohibit the parking of vehicles along portions of County roads and at certain congested
areas, and at night, and may be Resolution restrict or prohibit the parking of trucks
with a one ton or more capacity along County roads in areas designated Improved
Subdivision or Residential Suburban, and further providing for a $20.00 civil penal~y for
violations; creating section 11-10, Monroe County Code, in order to direct that the
Monroe County Clerk of the Court furnish the Department of Highway Safety and
Motor Vehicles with a computer readable list of all persons with three or more
outstanding County parking ticl{ets or one or more tickets for Disabled Parking Space
violations;
Mrs. Liz Cloud
July 1, 1996
Page 2
providing that the Monroe County Tax Collector may not issue license plates or
revalidation stickers to persons with three or more outstanding County parking tickets
until a receipt from the Clerk of the Court is presented showing that the ticket fines
have been paid and further providing that the Clerk of the Court and the Tax Collector
are each entitled to ten percent of the amount so collected to cover their costs;
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 Or.dinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in fonnal session, on June 19, 1996.
Please file for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
Enclosure
AJhL4~~Mud
eputy' lerk
cc: County Attorney
County Administrator
Municipal Code Corporation
Sheriff Rick Roth
Florida Highway Patrol
Commissioner Douglass
Chief Deputy Clerk
Tax Collector
File
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE HISTORIC PRESERVATION BOARDS
office of the Secrctar, 44" ( Historic Florida Keys Preservation Board
Dis ision of Administratise Sersices �''
Historic Palm Beach County Preservation Board
Dis ision of Z'orpomtions ►a c
1)ts ision of Cultural Affair,
,�,°'�;` '•� Historic Pensacola Preservation Board
• Dis icon of Elections
Dons y�+,;'Rw a:1 '�•r Historic Si.Augustine Preservation Board
Dis Won of Iistoric:l Resources ' �` Historic Tallahassee Preservation Board
I)is ision of Library and 1nli+mcaion Services
CO0 wit
Historic TampalH Preserou66•h County
Division of Licensing Prcservahon Board
MEMBER OF THEFLORIDA CABINET FLORIDA DEPARTMENT OF STATE RINGLING MUSEUM OF ART
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
•
July 5, 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 July 1 , 1996 and
certified copy each of Monroe County Ordinance Nos . 96-31 ,
96-32 , 96-33 , and 96-34 , which were filed in this office on
July 5, 1996 .
Sincerely,
. 4615" Up(A-Q1
Liz Cloud, Chief
' Bureau of Administrative,, Code
LC/mw
i I
•
•
j BUREAU OF ADMINISTRATIVE CODE
Tli Elliot Buil��}}nr�g • �p� Potkth Monroe Street • Tallahassee,Florida 32399-0250 • (904)488-8427
FAX:(l04 *wow!, viWW Aci iiots http://wwri* e*,state,fiarg • E-Mail: elecMrn mail.dns-state fl:.c
•
ems-
MUNICIPAI. CODE CORPORATION • :Z'NS ---� a �'�-�
Customer Services • FM ip%H/1
PO Be. 2235 v s\, / IU- .PUSTAGE,q
r [ �: JUjr7
-9'96 �� A 1<
idl,aha3see, Fl 32316-•2235 _ � .• /336 2 0Supplement 60 07/09/96 B.867224
ire hd,e received the iollolring material. .
That ycii for youl assistance and cooperation. 1
0•din3nce Hos. 031--146,,4 0. , 033-1996
and 934-1996.
fig: •
Ms. Ruth A. Jantten
Deputy Clerk
Monroe County
PCB Bn;, 1980 •
Key Nest, FL 33040
1-'00-262-CODE (National) LBJ
ASK is ABOUT IMAGING AND INDEXING YOUR DOCUMENTS
Visit our honapage at http:{/ w. n' ode c+n
E-mail your ordinances to oftgA f.'I riiMc'bm��rll r �rl�rrll,rrrrlI 111r�11�� .
. PROOF OF PUBLICA T'ION
...
TIIE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
Before the undersigned authority personally appeared _~~:~~a..ker _____ who on oath. says that he/she i
Publisher
_ of the FLORIDA KEYS KEYNOTER. a twice weekly newspaper published at MARATHON,
in MONROE COUNTY,FLORIDA; that the attached copy of advertisement. beingNotice of Intention
IN THE MATTER OF: A Monroe County Parkinq Ticket may be issued for illeaally parkin9
in the
Court was published in said newspaper in the issues of
________ Ma..Y_l.2.L J~ 1...... .J 992
............. --.
Alliant further says that the said FLORIDA KEYS KBYNOTER is a newspaper
at MARATHON, iQ said MONROB COUNTY. FLORIDA. and thac the said news-
paper has heretofore been continuously published in said MONROB COUN-
TY. FLORIDA, twice each week (on Wednesday ud Saturday) aDd has been
entered as second class mail matter at the post office iD MARATHON, iD
said MONROE COUNTY, FLORIDA, for a period of ODe year nest precedinl
the first publication of the attached copy of advertisement; aDd affiant fu....
ther says that he has neither paid nor promised aDY persoD, firm, or corpo-
ration any discount, rebate, commission or refund for the purpose of secur-
ing this advertisement for publication iD the said newspaper.(SEAL)
SEE REVERSE
-~~
'\ MArd l.OU :>0LLBERGER
(seal) N~ ) My Comm Exp. 8/14/96
~ PU8lICV)~ &onded By Service Ins
~~ .~~/-, No. CC219643
OF i~ . ~
SWORN TO A~D STfJl~Ci:iiJED ~~~'O~'E ME THIS
5th
JJllii:'
i.
•
i
•
'no.0902100`,' ;' •
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY-ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on Wednesday,June 19, 1996,
at 10:00 a:m. at•the Marathon
. Government Center, 2798 Over-
seas Highway; Marathon„ Mon-
roe 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 OF THE BOARD
OF COUNTY COMMISSIONERS'
OF MONROE COUNTY, FLORI-
DA,CLARIFYING THAT-A MON-
ROE COUNTY PARKING TICKET
MAY BE ISSUED FOR ILLEGAL-
LY PARKING IN PARKING
SPACES RESERVED FOR THE
DISABLED;CREATING SECTION
11-9,MONROE COUNTY CODE,
IN ORDER TO PROVIDE THAT
THE BOARD OF COUNTY COM-
MISSIONERS.MAY BY RESOLU-
TION RESTRICT OR PROHIBIT
THE PARKING OF VEHICLES
ALONG PORTIONS OF COUNTY
ROADS AND-AT CERTAIN CON-
-GESTED- AREAS, AND 'AT
NIGHT,AND MAY BY RESOLD -
TION RESTRICT OR PROHIBIT
THE PARKING OF TRUCKS
WITH A ONE TON OR MORE CA-
PACITY ALONG COUNTY
-ROADS IN AREAS DESIGNATED
-IMPROVED SUBDIVISION OR
RESIDENTIAL SUBURBAN;AND
FURTHER PROVIDING FOR A
$20.00 CIVIL PENALTY FOR VI-
OLATIONS;CREATING SECTION
1.1-10, MONROE COUNTY
CODE, IN ORDER TO DIRECT
THAT THE MONROE COUNTY
CLERK OF THE COURT FURNISH
THE DEPARTMENT OF HIGH-
WAY SAFETY AND MOTOR VE-
• HICLES WITH A COMPUTER
READABLE'LIST OF ALL PER-
ONS WITH THREE OR MORE
OUTSTANDING COUNTY PARK-
ING TICKETS OR ONE OR MORE
TICKETS FOR DISABLED PARK-
ING SPACE VIOLATIONS; PRO-
VIDING THAT THE MONROE
COUNTY TAX COLLECTOR MAY
NOT ISSUE LICENSE PLATES OR
REVALIDATION STICKERS TO
PERSONS'-WITH THREE OR
MORE OUTSTANDING COUNTY
PARKING TICKETS UNTIL'A RE-
-CEIPT FROM THE CLERK OF THE
COURT IS PRESENTED SHOW-
ING THAT-THE TICKET FINES
I HAVE BEEN PAID AND FUR-
THER PROVIDING THAT THE
CLERK OF THE COURT AND THE
TAX COLLECTOR ARE EACH EN-
TITLED.TO,TEN PERCENT OF
THE AMOUNTS SO.COLLECTED
TO COVER THEIR COSTS; PRO-
VIDING FOR SEVERABILITY:
PROVIDING FOR THE REPEAL
_ .__ _ __ __ _ •--OFALL ORDINANCES 7NCON- - - - --
'SISTENT HEREWITH; PROVID-
ING FOR INCORPORATION INTO
THE MONROE COUNTY CODE
OF ORDINANCES; AND PRO-
VIDING FOR 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 con-
sidered at 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 thepro-
ceedings is made,which record
I 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
20th day of May,1996.-
• ' DANNYLKOLHAGE,
Clerk of the Circuit Court
.and ex officio Clerk of the Board
of County Commissioners of
Monroe County,Florida
`:Publish May 25,June 1,1996
' Florida Keys Keynoter
~
Published Daily
Key West, I\1onroe County, Florida 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
inthematterof--I\JO+t.OC c.J~ +1l1en1\otV / PCLfb'Yl~ I\Gk:e~~
in the
issues of rno..'t 'A6 J.- J~V\-€
court, was published in said nevvspaper in the
1-, LClCC-b
Affiant further says that the said The Key \('/est 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 VI/est, 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, cOITlmission
or refund for the purpose of securing this advertisement for publication in the said news-
paper.
nature of Affiant)
, 1996
EXPires.~~P)> ,#i:;;r" :;~::,f Notary Public)
Personally nown --or Produced Identification t.rtA."f.~ MYCOMMISSION'CC354124
- - ~'~O\'il:..: EXPIRES: March 9.1998
"'~.9f.j~:li-' Bonded Th/U Nalti)' Public Undelwli1Brs
Type of Identification Produced
-r
i'
I
I
` NOTICE OF INTENTION TO CON- •
SIDER ADOPTION OF COUNTY
ORDINANCE ; •
NOTICE IS HEREBY GIVEN TO `
WHOM IT MAY CONCERN that on
Wednesday,June 19, 1996 at.10:00 ;
a.m. at the Marathon Government
Center, 2798 Over eas Highway,
Marathon, Mdiiroe County, Florida;
the Board of County Commissioners
of Monroe County,Florida,intends to
consider the adoption of the follow- ,
' ing County ordinance:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA,
CLARIFYING THAT A MONROE
COUNTY PARKING TICKET MAY Pursuant to.Section 286.0f 05, Flor-
BE ISSUED FOR ILLEGALLY Ida Statutes, notice is given that if
' PARKING IN PARKING SPACES , person decided to appeal and deci-
RESERVED FOR THE DISABLED; , sion made by the Board with respect
to•any matter considered at such
j CREATING SECTION 11-9,MON- . hearings,or meetings, he will need a
ROE:COUNTY CODE,IN ORDER , record of the proceedings, and that
TO PROVIDE THAT THERD , for such purpose,he may need to en-
OF COUNTY COMMISSIONERS i sure that a verbatim record of the of
MAY BY RESOLUTION RESTRICT the proceedings is made,which.rec-
' OR PROHIBIT THE PARKING OF, ords includes the testimony and evi-
'VEHICLES ALONG PORTIONS OF ' dence upon which the appeal is to be
1 COUNTY ROADS AND AT CERTAIN based. -
CONGESTED AREAS,AND AT ! Copies of the above-referenced ordi-
NIGHT,AND MAY BY RESOLUTION nance are availablefor review at the
' RESTRICT OR PROHIBIT THE various public libraries in Monroe
PARKING OF TRUCKS WITH A County,Florida. •
ONE TON OR MORE CAPACITY t Key West, Florida this 20tti
ALONG COUNTY ROADS IN AR- Datedof atM 1996
EAS DESIGNATED IMPROVED, day y, DANNY L.KOLHAGE
SUBDIVISION N AND FURTHERRESIDENTIAOL Clerk of the Circuit Court and ex offi-'
SUBURBAN, T PRO- ! cio Clerk of the Board of County!
AIDINGFOR FOR A$20.00TIOCIVIL EATPEN- Commissioners of Monroe County,
k;
ALTY VIOLATIONS;TREAT- � -Florida
-ING SECTION 11-10,_MONROE Ma 26th&June 2nd,1996
' COUNTY CODE,IN ORDER TO DI- �._-______ --'
RECT THAT THE MONROE
COUNTY CLERK OF THE COURT
FURNISH THE DEPARTMENT OF •
HIGHWAY SAFETY AND MOTOR:
VEHICLES WITH A COMPUTER j
'READABLE LIST OF ALL PERSONS.
WITH THREE OR MORE OUT-
STANDING COUNTY PARKING
TICKETS OR ONE OR MORE TICK-
ETS FOR DISABLED PARKING
SPACE VIOLATIONS;PROVIDING
THAT THE MONROE COUNTY TAX '
i COLLECTOR MAY NOT ISSUE LI- '
1 CENSE PLATES TON STICKERSOR TO PERSONS
WITH THREE OR MORE OUT-
STANDING COUNTY PARKING
TICKETS UNTIL A RECEIPT FROM
THE CLERK OF THE COURT IS '
PRESENTED SHOWING THAT THE
TICKET FINES HAVE BEEN PAID ..1 , .
AND FURTHER PROVIDING THAT
THE CLERK OF THE COURT AND,
THE TAX COLLECTOR ARE EACH
ENTITLED TO TEN PERCENT OF
_ THE AMOUNTS SO COLLECTED '
TO COVER THEIR COSTS;PRO-,
. ! VIDING FOR SEVERABILITY PRO- ; '
VIDING FOR THE REPEAL OF ALL ' • •
ORDINANCES INCONSISTENT
HEREWITH;PROVIDING FOR IN-
CORPORATION INTO THE MON-
ROE COUNTY CODE OF ORDI-
NANCES;AND PROVIDING FOR'
._____ __AN EFFECTIVE DATE.._ ._'j
.."VINaI THe u....." K.V.
'OR OVER 10 YEARS
DAGNY WOLPP
BdItor . Pub......r
BOX 1197 . TAVERNIER, FlA. 33070
(305) 862-3218
FAX 852-8248
STATEMENT OF PROOF OF PUBLICATION
ST A TE 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 as published in said newspaper in the issues of 5/30 and 6/6/96.
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.
~
'~
SF: ,
SWORN TO AND BSCRIBED BEFORE ME TIllS
_6TH DAY OF __JUNE_ A.D., 1996__
AJ~ k? ~
NOT ARY PUBLIC
+<:>A~- DAVEE R DOVE
. My ColTll'l'li&8ion 00431878
MY COMMISS~RJiS: EXDlNHo Feb. 06.1999
':~ Bonded by ANB
J''4~Ofp.a' 800-852-5878
•
NOTICE OF INTENTION TO CONSIDER •
ADOPTION OF COUNTY,ORDINANCE •
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN
that on Wednesday, June 19, 1996, at 10:00'-A.M. at.the Marathon
Government Center,2798 Overseas Highway,Marathon;Monroe Coun-
ty,Florida, the Board of County Commissioners of Monroe County,
Florida,intends to consider the adoption of the.following County ordi-
nance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY,FLORIDA,CLARIFYING THAT
• A MONROE COUNTY PARKING TICKET MAY BE ISSUED FOR
ILLEGALLY PARKING IN PARKING SPACES RESERVED FOR
•
THE DISABLED;CREATING SECTION 11-9,MONROE COUNTY
• CODE,IN ORDER TO PROVIDE.THAT THE BOARD OF COUNTY
COMMISSIONERS MAY BY RESOLUTION RESTRICT OR PRO-
HIBITTHEPARKING OF VEHIC'J.FS ALONG PORTIONS OFCOUN-
TY ROADS AND AT CERTAIN CONGESTED AREAS;AND AT
NIGHT,AND MAY-BY RESOLUTION RESTRICT OR.PROHIBIT
THE PARKING OF.TRUCKS WITH A ONE TON OR MORE CAPAC-
ITY ALONG COUNTY ROADS INAREAS DESIGNATED IMPROVED
SUBDIVISION OR RESIDENTIAL SUBURBAN, AND FURTHER'
PROVIDING FOR A$20.00.CIVIL PENALTY FOR VIOLATIONS;,
CREATING SECTION 11-10,MONROE COUNTY CODE,IN ORDER
TO DIRECT THAT THE MONROE COUNTY CLERK OFTHECOURT'
FURNISH THE DEPARTMENT OF HIGHWAY SAFETY AND MO-'
TOR VEHICLES WITH A COMPUTER READABLE LIST OF ALL:
• --PERSONS WITH THREE OR MORE OUTSTANDING COUNTY
PARKING TICKETS OR ONE OR MORE TICKETS FOR DISABLED
PARKING SPACE VIOLATIONS;PROVIDING THAT THE MON-,
•ROE COUNTY TAX COLLECTOR MA'S'.NOT ISSUE LICENSE,
PLATES ORREVALIDATION.STICKERS TOPERSONS WTTHTHREE
OR MORE OUTSTANDING COUNTY PARKING TICKETS UNTIL A'
RECEIPT FROM THE CLERK OF THE COURT IS PRESENTED
SHOWING THAT THE TICKET FINES HAVE BEEN PAID AND
FURTHER PROVIDING THAT THE C7.FRK OF THE COURT AND
THE TAX COLLECTOR ARE EACH ENTITLED TO TEN PERCENT
OF THE AMOUNTS SO COLLECTED TO COVER THEIR COSTS;
PROVIDING FOR SEVERABILTTY;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 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?Ath day of May,1996.
DANNY L.KOLHAGE
Clerk of the Circuit Court
•
and ex officio Clerk of the
Board of County Commissioners
-of Monroe County,Florida
•
Published:.5/30 and 6/6/96 • -
The Reporter
Tavernier,FL 33070
B ,0 ' c - C' '
Published Daily
Key West, Monroe County, Florida 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
~ I~hgea~n~:i~: of [\Jo(i \ ,( ~ 0 ~ 1-('\ i ~f'\ iy 01) I pa-\, \:- \'n Cf
'\:" \ ' t. k~ ~ 5 ~
in the n } v.....
issues of MC'--'--l ~ (; t-
court, waprpubllshed in said newspaper in the
Junf ~ , l,-\,Ctb
Affiant furiher 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
(Signature of Affiant)
, 1996
/
Expires. \.~fP~
Personally Kr own ~r Produced Identification _.
Name of Nota Public)
rl i~~$,:!j:~}. NANCY E. CEIER
i.: '..~ MY COMMISSION' CC 354124
%~;" ;1 EXPIRES: March 9. 1998
1_ ....)..'1. 0"..' D!iI$d Thr'J NalaIy i'ublic Underwrl1lml
Type of Identification Produced
%-,
•
1.
'NOTICE OF INTENTION TO CON- •
SIDER ADOPTION OF COUNTY -
ORDINANCE
NOTICE IS ;HEREBY 'GIVEN TO ;
. ;WHOM IT MAY CONCERN that on
•Wednesday,June 19, 1996 at 10:00 i
a.m. at the Marathon Government ,
'Center, 2798 'Overseas Highway, :
Marathon, Monroe-County, Florida,
'the Board o''County Commissioners
. of Monroe County,Florida,intends to
' consider the adoption of the follow-
ing County ordinance:
'„.AN ORDINANCE OF THE BOARD ;
OF COUNTY COMMISSIONERS OF ' TICKET FINES HAVE BEEN PAID
MONROE COUNTY,FLORIDA, AND FURTHER PROVIDING THAT -
CLARIFYING THAT A MONROE
COUNTY PARKING TICKET MAY- THE CLERK OF_THE COURT AND '
BE ISSUED FOR ILLEGALLY THE TAX COLLECTOR'ARE EACH ;
• PARKING IN PARKING SPACES ENTITLED TO TEN PERCENT OF
RESERVED FOR THE DISABLED; THE AMOUNTS SO COLLECTED
s:
,-CREATING SECTION 11-9,MON TO COVER THEIR COSTS;PRO-
ROE COUNTY CODE,IN ORDER VIDING FOR SEVERABILITY;PRO
TO PROVIDE THAT THE BOARD VIDING FOR THE REPEAL OF ALL
is _ ORDINANCES,INCONSISTENT
j OF COUNTY COMMISSIONERS HEREWITH;PROVIDING FOR IN-
MAY BY RESOLUTION RESTRICT CORPORATION INTO THE`MON-
OR PROHIBIT THE PARKING OF ROE COUNTY CODE OF ORDI-
1 VEHICLES ALONG PORTIONS OF- NANCES;AND PROVIDING FOR
COUNTY ROADS AND AT CERTAIN j AN DATE.
. CONGESTED AREAS,AND AT to EFFECTIVEection 2 DATE.
Flor-
NIGHT,AND MAY BY RESOLUTION f Pursuanta Stautes, notice is given that if
RESTRICT OR PROHIBIT THE P person decided to
' PARKING OF TRUCKS WITH-A appeal and deci-
ONE TON OR MORE CAPACITY 1 f sion made by the Board with respect
' ". - ALONG COUNTY ROADS IN AR- ` to any matter considered' at such '
EAS DESIGNATED IMPROVED 1 hearings or meetings, he will need a
SUBDIVISION OR RESIDENTIAL record of the proceedings, and that. •
SUBURBAN,AND FURTHER PRO- I, for such purpose,he may need to en •
-
VIDING FOR A$20.00 CIVIL PEN- sure that a verbatim record of the of
- ALTY FOR VIOLATIONS;CREAT- ' the proceedings is made, which rec-
• ING SECTION 11-10,MONROE • ords includes the testimony and evi-•
COUNTY CODE,IN ORDER TO DI- " ' dence upon which the appeal is to be
RECT THATTHE MONROE ; I based. ;
COUNTY CLERK OF THE COURT I Copies of the above-referenced ordi- i
FURNISH THE DEPARTMENT OF I nance are available for.review at the
HIGHWAY.SAFETY AND MOTOR
i various_ public- libraries in Monroe i
{County, Florida. -
VEHICLES WITH A COMPUTER'READABLE LISTOF ALL PERSONS- 'Dated
May,Cated at Key West, Florida this 20th
WITH THREE OR MORE OUT- •
day tDANNY L.KOLHAGE °
• - STANDING COUNTY PARKING Clerk of the CircuitA Court ex offl-
TICKETS OR ONE OR MORE TICK- - - l cio Clerk the Board ando eCx of f
ETS FOR DISABLED PARKING - . cio Clerk oof t e B Monroe County,SPACE VIOLATIONS;PROVIDINGFlorida I
THAT THE MONROECOUNTY TAX COLLECTOR MAY NOT ISSUE LI- May 26th&June 2nd, 1996 • i
` ___.____ ___ _--_ -___ —_
CENSE PLATES OR REVALIDA-
•
TION STICKERS TO PERSONS
. WITH THREE OR MORE OUT- .
' - STANDING COUNTY PARKING
TICKETS UNTILA REC.EIP_T_F-ROM.
THE CLERK OF THE COURT IS - '
='-'" •PRESENTED SHOWING THAT THE
.
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, Jun~ 19,
1996, at 10:00 a.m. at the Marathon Government Center, 2798 6versea~ighwPY'
, 0
Marathon, Monroe County, Florida, the Board of Count~ Commissioners of Monrqj COldRty,
, ~ a
Florida, intends to consider the adoption of the following~County ordinance: ~::o
:AJ
rT\
("')
C>
::0
o
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNT:g
FLORIDA. CLARIFYING THAT A MONROE COUNTY PARKING TICKET MAY BE ISSUED F~
ILLEGALLY PARKING IN PARKING SPACES RESERVED FOR THE DISABLED; CREATlN~
SECTION 11-9, MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT THE BOARD OF
COUNTY COMMISSIONERS MAY BY RESOLUTION RESTRICT OR PROHIBIT THE PARKING
OF VEHICLES ALONG PORTIONS OF COUNTY ROADS AND AT CERTAIN CONGESTED
AREAS, AND AT NIGHT, AND MAY BY RESOLUTION RESTRICT OR PROHIBIT THE PARKING
OF TRUCKS WITH A ONE TON OR MORE CAPACITY ALONG COUNTY ROADS IN AREAS
DESIGNATED IMPROVED SUBDIVISION OR RESIDENTIAL SUBURBAN, AND FURTHER
PROVIDING FOR A $20.00 CIVIL PENALTY FOR VIOLATIONS; CREATING SECTION 11-10,
MONROE COUNTY CODE, IN ORDER TO DIRECT THAT THE MONROE COUNTY CLERK OF
THE COURT FURNISH THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
WITH A COMPUTER READABLE LIST OF ALL PERSONS WITH THREE OR MORE
OUTSTANDING COUNTY PARKING TICKETS OR ONE OR MORE TICKETS FOR DISABLED
PARKING SPACE VIOLATIONS; PROVIDING THAT THE MONROE COUNTY TAX
COLLECTOR MAY NOT ISSUE LICENSE PLATES OR REVALIDATION STICKERS TO PERSONS
WITH THREE OR MORE OUTSTANDING COUNTY PARKING TICKETS UN'fIL A RECEIPT
FROM THE CLERK OF THE COURT IS PRESENTED SHOWING THAT THE TICKET FINES HAVE
BEEN PAID AND FURTHER PROVIDING THAT THE CLERK OF THE COURT AND THE TAX
COLLECTOR ARE EACH ENTITLED TO TEN PERCENT OF THE AMOUNTS SO COLLECTED
TO COVER THEIR COSTS; 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 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 20th day of May. 1996.
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
(SEAL)
Commissioner Douglass
ORDINANCE NO. -1996
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY. FLORIDA. CLARIFYING THAT A MONROE COUNTY
PARKING TICKET MAY BE ISSUED FOR ILLEGALLY PARKING IN PARKING
SPACES RESERVED FOR THE DISABLED; CREATING SECTION 11-9. MONROE
COUNTY CODE. IN ORDER TO PROVIDE THATfHE BOARD OF COUNTY
COMMISSIONERS MAY BY RESOLUTION REstRICT OR PROHIBIT THE
PARKING OF VEHICLES ALONG PORTIONS OF COUNTY ROADS AND AT
CERTAIN CONGESTED AREAS. AND AT NIGHT. AND MAY BY RESOLUTION
RESTRICT OR PROHIBIT THE PARKING OF TRUCKS WITH A ONE TON OR
MORE CAPACITY ALONG COUNTY ROADS IN AREAS DESIGNATED
IMPROVED SUBDIVISION OR RESIDENTIAL SUBURBAN. AND FURTHER
PROVIDING FOR A $20.00 CIVIL PENALTY FOR VIOLATIONS; CREATING
SECTION 11-10. MONROE COUNTY CODE. IN ORDER TO DIRECT THAT THE
MONROE COUNTY CLERK OF THE COURT FURNISH THE DEPARTMENT OF
HIGHWAY SAFETY AND MOTOR VEHICLES WITH A COMPUTER READABLE
LIST OF ALL PERSONS WITH THREE OR MORE OUTSTANDING COUNTY
PARKING TICKETS OR ONE OR MORE TICKETS FOR DISABLED PARKING
SPACE VIOLATIONS; PROVIDING THAT THE MONROE COUNTY TAX
COLLECTOR MAY NOT ISSUE LICENSE PLATES OR REVALIDATION STICKERS
TO PERSONS WITH THREE OR MORE OUTSTANDING COUNTY PARKING
TICKETS UNTIL A RECEIPT FROM THE CLERK OF THE COURT IS PRESENTED
SHOWING THAT THE TICKET FINES HAVE BEEN PAID AND FURTHER
PROVIDING THAT THE CLERK OF THE COURT AND THE TAX COLLECTOR
ARE EACH ENTITLED TO TEN PERCENT OF THE AMOUNTS SO COLLECTED
TO COVER THEIR COSTS; 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.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA.
THAT:
Section 1.
Sec. 11-2, Monroe County Code, is hereby amended to read:
(a) A fine of two hundred fifty dollars ($250.00) is hereby
imposed for violations involving illegal parking in parking spaces
designated under Florida Statutes Section 31 6.1956 for disabled
persons. A law enforcement officer or oarkina enforcement
soecialist who discovers a vehicle oarked in violation of this
subsection may issue a ticket. in the form used by the County for
parkinQ violations. to the driver or. if the vehicle is unattended.
attach the ticket to the vehicle in a consoicuous olace. The liabilitv
for oayment of the oarkina ticket is oursuant to Sec. 316.1967. Fla.
Stat.
F"_~.<..'."""-'.~~,-,~
Section 2.
Section 11-9, Monroe County Code, is created to read:
Sec. 11-9. Prohibition or restrictions on parking vehicles; signs to
be erected; penalties.
(a) The Board of County Commissioners may by resolution
restrict or prohibit the parking, standing or stopping of vehicles along
County roads. The road{s) affected must be posted with signs that
state the restriction or prohibition. After posting, no person may park,
stop or stand a vehicle in violation of t~ posted restriction or
prohibition.
(b) The Board of County Commissioners may by resolution
restrict or prohibit the parking, standing or stopping of trucks with a
capacity of one ton or more on County roads within areas designated
Improved Subdivision or Suburban Residential. The road{s) affected
must be posted with signs that state the restriction or prohibition. After
posting, no person may park, stop or stand such a truck in violation of
the posted restriction or prohibition.
(c) The Board of County Commissioners may by resolution
restrict or prohibit the parking, stopping or standing of vehicles on
hazardous or congested portions of County roads, intersections or
parking lots. The portion of the road{s), intersection(s) or parking lot{s)
affected must be posted with signs that state the restriction or
prohibition. After posting, no person may park, stop or stand a vehicle
in violation of the posted restriction or prohibition.
(d) The Board of County Commissioners may by resolution
restrict or prohibit the parking, standing or stopping of vehicles along
County roads during the nighttime hours. The road{s) affected must be
posted with signs that state the restriction or prohibition. After posting,
no person may park, stop or stand a vehicle in violation of the posted
restriction or prohibition.
(e) The noncriminal civil penalty for a violation of subsection
(a), (b), (c) or (d) and of the resolution designating the restricted or
prohibited parking area is $20.00. A law enforcement officer or parking
enforcement specialist who discovers a vehicle parked in violation of
subsection (a), (b), (c) or (d) and the resolution may issue a ticket in the
form used by the County for parking violations to the driver or, if the
vehicle is unattended, attach the ticket to the vehicle in a conspicuous
place. The liability for the payment of the ticket is pursuant to Sec.
316.1967, Fla. Stat. Penalties collected under this section must be
remitted to the County's general fund.
Section 3.
Sec. 11-10, Monroe County Code, is created to read:
Sec. 11-10.
Collection of civil parking penalties.
(a) As authorized by Sec. 316.1967(6), Fla. Stat.. the Monroe
County Clerk of the Court is directed to supply the State Department of
Highway Safety and Motor Vehicles with a magnetically encoded
computer tape reel or cartridge, or to supply by other electronic
means, data that is machine readable by the installed computer at the
Department. listing persons who have three or more outstanding
County parking violations or one or more violations of Sec. 11-2.
Monroe,County Code, concerning disabled parking space violations.
n_,...."'n ,..__^_~.."
-.
(bj As authorized by Sec. 320.03(8), Fla. Stat.. the Monroe
County Tax Collector may not issue a license plate or revalidation
sticker to an applicant whose name appears on the list referred to in
subsection (aj until that person presents a receipt from the Clerk of the
Court showing that the County parking fines outstanding have been
paid.
(cj The Tax Collector and the Clerk' of the Court are each
entitled to receive monthly, as costs for implementing and
administering this section, 10% of the civil penalties and fines collected.
This section applies even though a no parking ordinance requires that
all penalties collected be deposited in a certain account or accounts.
Section 4.
All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
Section 5.
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 6.
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 7.
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)
ATIEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
B
aalresordlparking