Ordinance 045-1996Commissioner Douglass
ORDINANCE NO.045 -1996
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE ISSUANCE OF COUNTY PARKING TICKETS
FOR VEHICLES PARKED IN THE U.S. 1 RIGHT-OF-WAY THAT ARE
ALSO IN VIOLATION OF SEC. 337.406(l), F.S. (PROHIBITING
THE COMMERCIAL USE OF STATE RIGHTS -OF -WAY);
PROVIDING FOR ENFORCEMENT AND A NONCRIMINAL
PENALTY OF TWENTY DOLLARS; PROVIDING FOR TOWING OF
VEHICLES PARKED IN VIOLATION FOR SIX OR MORE
CONTINUOUS HOURS; PROVIDING FOR SEVERABILITYJ
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
_
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY CODE OF ORDINANCES; ANo�;
c c
PROVIDING FOR AN EFFECTIVE DATE
`l
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, THAT:
Section 1. No person may park, stand or stop a vehicle within the right-of-way of U.S. 1
in the unincorporated area of Monroe County in such a way that a violation of Sec. 337.406(1),
Fla. Stat., occurs.
Section 2. The noncriminal civil penalty for a violation of Section 1 is $20.00. A law
enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation
of Section 1 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 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. In the case of violators parked in violation of Sec. 1 for a period of six
continuous hours or more, the law enforcement officer or parking enforcement specialist, in
addition to charging the owner and/or operator with the noncriminal violation set forth in Sec. 2,
may have the vehicle towed and impounded by an operator qualified under the County's
towing ordinance, at the owner's expense. The cost of such towing and impoundment shall be a
lien against the vehicle. In the event that a court of the Sixteenth Judicial Circuit determines that
the noncriminal violation charged was invalid:
a) the vehicle shall be immediately released without charge and with the lien provided
for in this section automatically extinguished; or
b) if the owner or operator has paid the cost of towing and impoundment, the amount
paid shall be refunded from the County's general fund.
Section 4. 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 5. All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 6. The Clerk of the Board is hereby directed to forward a copy of this
Ordinance to Municipal Code Corporation for incorporation into the Monroe County Code of
Ordinances.
Section 7. A copy of this Ordinance must be filed with the Office of the Secretary of
State, State of Florida, but will not take effect until approved by the Florida Department of
Transportation.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the 13 day of August , 1996.
Mayor Freeman
yes
Mayor Pro Tem London
yes
Commissioner Harvey
yes
Commissioner Douglass
yes
Commissioner Reich
yes
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DepufV Clerk/r rim,
as/resord/us 1 park
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
4
By ,4
May an
APPROVED AS TO FORM
AN GAL S FFICI61 C
B
ROSERT N.
DATE
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
Mannp 1. Rotbilat
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
August 26, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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:
BRANCH OFFICE
W820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
Enclosed please find a certified copy of Monroe County Ordinance No. 045-1996,
authorizing the issuance of County Parking Tickets for vehicles parked in the U.S.1
right-of-way that are also in violation of Sec. 337.406(1), F.S. (Prohibiting the
commercial use of State rights -of -way); providing for enforcement and a noncriminal
penalty of twenty dollars; providing for towing of vehicles parked in violation for six or
more continuous hours; providing for severability; providing for the repeal of all
Ordinances inconsistent herewith; providing for incorporation into the Monroe County
Code of Ordinances; and providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on August 13, 1996.
Mrs. Liz Cloud
August 26, 1996
Page 2
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
cc: County Attorney
County Administrator
Municipal Code Corporation
Commissioner Douglass
Public Works Director
Monroe County Sheriff's Department
Florida Highway Patrol
File
P 916 123 634
Z 396 367 662
Receipt for
Certified Mail
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MUNICIPAL CODE
CORPORAT
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P.O.. State and ZIP Code
T2316-223
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Special Delivery Fee
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
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1)....um ..I Culmral Afl;ur.
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Di, nlon of Ili.luri: al Re.ouree.
Di. h6ut ..l l ah'ary and Inio ntatum Services
I A.own..lI icctl"ng
MEMBER OF THE FLORIDA CABINET
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
August 30, 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:
HISTORIC PRESERVATION BQARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Prcservatiort Board
Historic St. Augustine Prescrvalirm-Bowd
Historic Tallahassee Preservation Board
Historic Tampa/Hillshtnwgh Count'
Preservafinrt Board
RINGLING MUSEUM OF ART
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letters dated August 26, 1996, and certified copy each of Monroe County Ordinance Nos.
96-44 and 99-45, which were filed in this office on August 29, 1996.
Sincerely,
Liz Cloud, ief
Bureau of Administrative Code
LGmw
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.sta.e.fl.us • E-Mail: electron@mail.dos.state. l.us
CODE CORPUATION'
Po Bo- 21135
Til!3h1s:;Pe,
Stpplement 61,
tip rhcpi ed the follooing m3terial,
- -,op'
for y,,Mjr asEiFfafce l and c,, era
Ooe, 044-199; and 0115-iT)6,
!,-800-262-CODE (N3ti0n&l) DAB
Wuw.) AND INDEXING oli(t COL mEl-IS
vjsjlt our )omepage at
E-M 3il your ordinances to ords@sail.mumcde-cor
m
A -T�
J.J.P 0 ST A GL'
SEP-T96
2 0
PB."672"
10 :
Mz, Rutv. 4- Idnt-.Pr-
"Llptity Clerk
West40
�, VJ
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
a legal notice
in the of n 1 b r1,,�
� a r V Lin
issues of �.l y coud' was p bli�,hed in said netivspaper in the
?—
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.
fir,, ionature of Af' iant)
Sworn to and subscribed before me to skd of
o_ 1996
(Signature of Notary Puclic)
Expires. q �� _ rr _ot Naar, P-• .Iic;
NANCY E. CEIER
Personally Kno-%,)n or Prcduced Identification +' My COMMISSION HCC354124
EXPIRES: March 9, 1�R
6ondad ?hru Notary Public unde nNrliCrS
Type of Identification Producea
NOTICE OF INTENTION TO CON
j SIDER A60PTION OF COUNTY
ORDINANOTICE IS HEREBY GIVEN 'TO
WHOM TT MAY tCONCERN athat on
Tuesday, Aug Largo Library, ,
,a.m. at the Key,iri Center, Key
Tradewinds' .Shopp g Florida in -
Largo, Monroe . County,
tends to consider the adoption of the
following County ordinance:
AN ORDINANCE OF THE BOARD
F OF, COUNTY COMMISSIONER
MONROE COUNTY,
AU-
THORIZING THETICKETS FSUANCE OFR
COUNTY PARKING' U,S. 1 ,
VEHICLES. PARKED IN TR
RIGHT OF-W.AY THAT ARE ALSO
IN VIOLATION OF SEC. 337.406
FPS. (PROHIBITING THE COMMER-
'CIAL USE OF STATE, RIGHT-OF-
WAY); PROVIDINb•FOR EN-
FORCEMENT AND A NONCRIMI-
NAL PENALTY OF TWENTY'DOL
L•ARS; PROVIDING FOR TOWING
OF VEHICLES PARKED IN VIOLA-
TION FOR SIX OR MORE CONTIN-
UOUSHOURS; PROVIDING FOR
SETHE REPEAL OF LILDING ORD� OR
NANCES INCONSISTENT HERE
WITH- PROVIDING FOR
' RATION INTO THE MONROE INCORP0
COUNTY CDE OF ORDINANCES;
AND PROVIDING FOR AN EFFEC-
TIVE DATE.
Pursuant to Section 286.0105, Flor-
ida Statutes, notice is given that if a'
person decided to appeal any deci
sion made to any matt r. cons deedthe Board withat such .
hearings or meetill need a
ngs,
dings, sand that,
record of the p . 9
'for such purpose, he may need to en-
sure that a verbatim record of the
,proceedings is made, which record
includes the testirriony and evidence
uponupon which the appeal
based.
Copies of the above -referenced ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida.
Dated at Key West, Florida, this 17th
day of July, 1996,
DANNY L: KOLHAGE, Clerk of'the
Circuit Court and ex officio Clerk of
the Board of County Commissioners
of Monroe County, Florida.
JUI 21st & July 28th, 1996 "
L3RAVINCI '1" HE UPPER KEYS
DAGNY WOLFF FOIi OVII* f0 YEAR*
EdIta k PubUsher 110X 1197 • TAVERN 1 E R, F LA. 33070
(305) W-3216
PAX 852-0249
STATEMENT OF PROOF OF PUBLICATION
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared DAVEE DOVE, who on oath, says that she is
CLASSIFIED EDITOR 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 7/25 and W1/96.
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 aff ant 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.
SEAL
SWORN TO AND SUBSCRIBED BEFORE ME THIS
AUG 2 t996
COUNTY ATTY
_1ST DAY OF __AUGUST_ A.D. , 1996__
NOTARY PUBLIC
OFFICIALARf
MY COMMISSION EXPIRES: CAROL E DOUV
ORIDA
COMMISSION NO. C915
MY COMMISSION EXP. 1997
NOTICE OF INTENTION TO CONSIDER
ADOPTION -OF COUNTY ORDINANCE
NOTICEIS HEREBY GIVENTO WHOM IT MAY CONCERN that _
on Tuesday August 13, 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 MonroL-County. Florida, intends to.
consider the adoption of the following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE-COUNTY, FLORIDA, AUTHORIZING -
THE ISSUANCE OF COUNTY PARKING TICKETS FOR VEHI-
CLES PARKED IN THE U.S.1 RIGHT-OF-WAY THAT ARE ALSO '
�- IN VIOLATION OF SEC. 337A06(1), F.S. (PROHIBITING. THE
COMMERCIAL USE OF STATE RIGHTS -OF -WAY); PROVII)
ING FOR ENFORCEMENT AND A NONCRIMINAL PENALTY
OF TWENTY DOLLARS; PROVIDING FOR TOWING OF VEHI- '
CLES PARKED IN VIOLATION FOR SIX OR MORE CONTINU-
UUS HOURS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL .ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROECOUNTY CODEOF.ORDINANCES;ANDPROVIDING
AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice Is given that if
a person decided to appeal any decision made by the Board with respect to
any matter considered at such hearing or meeting, he will need a record of
the proceedings, and that; for such purpose, he may need to ensuie 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 iheabove-referenced ordinance areavailableforreview at
the various public libraries in Monroe County, Florida.'
DATED at Key West, Florida, this 17th day of July,1996.
DANNY L. KOLHAGE .
Clerk of the Circuit Court '
and.ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
Published: 7125'and 811.%96
The Reporter _ -
Tavernier, FL 33070
PROOF OF PUBLICATION r
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
Before the undersigned authority personally appeared Tom Schumaker who on oath, says that he/she is
Publisher_____— of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice of Intention
IN THE MATTER OF:
to Consider Adoption of county Ordinance RE: Parking Tickets
in the
Court was published in said newspaper in the issues of
July 27, August_3, 1996
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news-
paper has beretofore 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 neat ' preceding
the first publication of the attached copy of advertisement; and affiant fur-
ther says that he has neither paid nor promised any person, firm. or corpo-
ration any discount, rebate. commission or refund for the purpose of secur-
ing this advertisement for publication in the said newspaper. (SEAL)
PtJs'JLI� G'L Y J r w' fsY3
(seal)
t• .;5�1a7
W�Par«»�si,� k,wu, I l ca'r�r I. p►
SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th
DAY OF
August 96
A.D. 19
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF.
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on Tuesday, August 13, 1996 at
10:00 a.m. at the Key Largo Li-
brary, Tmclewinds Shopping Cen-
tar, Key Largo, Monroe County,
Florida, the Board . of County
Commissioners of Monroe Coun-
1LFlorida, intends to consider
adoption of the following
County ordinance:
AN ORDINANCE OF THE BOARD
OFF GOUNTY COMMISSIONERS
MA
R11-14
SE
FOR
rriUVIUING FOR AN EFFECTIVE
DATE.
Pursuant to Section '286.0105,
Florida Statutes, notice is given
that if a person decided to appeal
any decision matte by the Board
with respect to any. matter cort
sidered at such hearings or meat-
ings, he will need a record of the
Proceedings, and that, for such
Purpose, he may need to ensure
that a verbatim record of the pro-
ceedings is made, which record
includes the testimony and evi-
dence upon which the appeal is
to be based.
Copies of the. above -referenced
Ordinance are available for review
atthe various public libraries in
Monroe County, Florida.
Dated at Key West. Florida, this
17th day of July, 1996.
DANNY L KOLHAGE,
Clark of the Circuit Court
and ex officio Clai* of the Board
of Countvrn.n.nfa.:.,—. —
1
Publish July 27, Aug. 3, 1996
Florida Keys Keynoter