Item Q4* 3:00 P.M. PUBLIC HEARING *
(The First of Two Public Hearings)
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 17, 2009_- MAR
Bulls Item: Yes No X
Department: Comly AttoMe
Staff Contact Person/
Phone #:Christine Limbert-Barrows
AGENDA ITEM WORDING:
A public hearing to consider adoption of a County Ordinance amending sec. 4-70, Monroe County
Code providing for the limiting of chaining or tethering of dogs.
ITEM BACKGROUND:
On 5/20/09 the BOCC considered a request for approval to hold a public hearing to consider adoption
of a County Ordinance amending the Code to limit chaining or tethering of dogs. Following discussion
and consideration of public hearing input on this issue, the Board directed staff to advertise and hold
two (2) public hearings, instead of only the one (1) required public hearing, to allow for public input
throughout the Keys; the first on 6/17/09 in Marathon and the second on 7/15/09 in Key West.
PREVIOUS RELEVANT BOCC ACTION:
5/20/09 BOCC consideration of public hearing input. Direction to staff to advertise and schedule two
(2) public hearings: the first on 6/17/09 in Marathon and the second on 7/15/09 in Key West
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: Unknown INDIRECT COST: Unknown BUDGETED: Yes No
COST TO COUNTY: Unknown SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
� wA edify .
ORDINANCE NO. - 2009
AN ORDINANCE AMENDING SEC. 4-70, MONROE COUNTY CODE,
PROVIDING FOR TI4E LIMITING OF CHAINING OR TETHERING
OF DOGS; PROVIDING FOR PENALTIES; PROVIDING FOR
PROCESS TO CONTEST CITATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Monroe County Code Section 4-2 sets forth the purpose of Chapter 4,
Monroe County Code, is to provide for the regulation of animals and animal okNniers and
keepers in the interest of the health, safety and welfare of the citizens of Monroe County;
now therefore,
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1, Legislative Iindings and intent. The Board of County Conunissioners
of Monroe County, Florida, finds that it is inhumane to chain or tie a dog to a stationary
object or to confine it in a small space. It is the intent of tl>is ordunance to impose
penalties of significance it order to deter such action and to reduce the possibility of
repeat violations by rendering the violators ineligible to adopt pets from County animal
shelters.
Section. 2. Sea 4-70, Monroe County Code is hereby amended to read as follows:
4-70 Chaining and tethering animals prohibited. —
LA) Definitions. As used in this section:
(1) "Owner" includes any owner, custodian. or other person i3 chase of a dop.
(2) As used in this section, tether means to restrain a dog by tying the do to o any object
or structure, including without limitation a house, tree, fence, post, garage or shed, by
any means, including without limitation a chain, rope, cord, leash, or running line.
Tethering shall not include using a leash to walk a dog,
(B)
It shall be unlawful for a responsible.11aM to tether a dog while outdoors except
when all of the following conditions are wet:
(1) The ehain or tetheF shall not weight more than one eigWh of the animal's be dy
weigh�-;
(2) the ehain ef- tethef shall be at least ten feet ift a
(3) The chain or- tstheF shall hs ,,d to a pmpedy fitted ee lar- or- E..,..,ess „
bythe-animal, T
_(4� The animal, wh to Lricte,1 to ,emir ;=_tether i�+}�le t� access sheltsl r� ith
floor-; three a��la��u�d rea�la prat�el-ilse�C�a oa�3 trreler3��t �� a�l�c���e le��e��14t�e
�xd sti3�li�ht I3id 1 S to Wrfi&ialIt�wh<>leserneTeod rnc� r��ter al�rl
tet�iered ali-imal 3l;tr44-1+C4 be tethered er -1-.aii3edc r „11,... ed
te€ber�dorol�aincafrom ,',^ timen�andator�ter{ationcat4ke-owl�el�a�eocat
X—S�eney-i-s 'Ed„ .,t:l 'he ..,IateiT. tttie s life-,,,]
f.1)The dot is in visual range of the responsible party, and the responsible party is
located outside with the dog.
(2) The tether is connected to the doer a buckle -type collar or a body harness
niadc of nylon or leather, not less than one vieh in width.
3 The tether has the following properties: it is at least fiat tinges the lei th of the
dog's body, as measured from the tip of the nose to the base of the tail, it
terminates at both ends with a swivel-, it does not weigh more than 1/8 of the do 's
weight-, and it is free of tangles.
(4) The dog, is tethered in such a manner as to prevent injury, strangulation, or
entanglement.
5 The dog is not outside durin a eriod of extreme weather including without
limitation extreme heat or near -freezing temperatures, thunderstorms- tomadoes.
tropical storms, or hurricanes.
(6) The dot; has access to water, shelter, and dryyground.
(7) The dog is at least six months of age. Puppies shall not be tethered.
(8) The dog, is not sick or injured.
2) Pulley, running 1uie, or trolley systems are at least 15 feet in length and are
less than 7 feet above the rog und.
(10) If there are multiple dogs, each dog is tethered separately.
(C) An exception can be made %rIen the animal is left umccornparried,jn a public Deleted:
location for a. period not to execed 15 minutes.
m) Fora first-time violation, the Department shall issue a warning, notice to the
responsible party and shall wait at least thirty (30) days before tatting any further
enforcement action against the responsible party. Thereafter, each violation of this
section shall be subiect to enforcement in accordance with See. 4-46 of this chapter.. Formatted: underline
SECTION 3. Ord. No. 022-2006 §4, Section 4-70, Monroe County Code as previously
written, is hereby repealed.
SECTION 4. SEVERABILITY. if any portion of this ordinance is fur an), reason held
invalid or declared to be unconstitutional, inoperative or void, such holding shall not
affect [lie retnainino portions of this ordinance. If this ordinance or any provision thereof
shall be held to be inapplicable to any person, property or circumstances, st.ich holding
shall not affect its applicability to any other person., property or circumstances.
SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
orduianecs in conflict with this ordinance are hereby repealed to the extent of said
conflict.
SECTION 6. INCLUSION IN CODE OF ORDINANCES. The provisions of this
ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately
renumbered to conform to the unifortn numbering system of the Code.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on _
2009 provided that this Ordinance shall be filed «rich the Department of State as provided
in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board field on the th day of _ , 2009.
Mayor George Neugent
Mayor Pro Tem Sylvia Murphy
Commissioner Heather Carruthers
Commissioner Mario DiGennaro
Commissioner Kim Wigington
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
Mayor/Chairperson
ORl?'TNANCE. N0. 2E1(}9
h,N ORDINANCE AMEND>NIG SI:C. 4-70, MONROE COUNTY CODE,
PROWDIC FOR TI- LINIF11NIG OF' CHAINING OR TETHERING
OF DOGS; PROVIDING FOR PENALTIES; PROVIDING FOR
PROCESS T01 CONTEST CITATION; PROVM NC FOR
Sl;VERABI;=LIT , PROVIDING FOR "IL`HE REPEAL OF ALI,
ORDINANCES INCONSISTENT HEREWITH; PROVIDING i OI R
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND; AND PROVfDl NO AN EFFECTIVE DATE.
WHERE AS, Monroe Cowity Code Section 4-2 sets forth the purpose of Chapter 4,
Monroe County Code, is to provide for tln.e regulation of animals and animal owners and
ke,epeers in the interest of the health, safety and welfare of the citizens of Monroe County;
now therefore,
NOW YY THE RR'_+A' ORE BE lLr1L ORDAIN D BY A lkg'_. BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA-.
Section 1. Legislative findings and intent. The Board of County Commissioners
of Monroe County, Florida, finds that it is inhuinane to chain or tie a dog to a stationary
object or to confine it in a small space. It is the intent of this ordinance to impose
penalties of significance in order to deter such action and to reduce the possibility of
repeat violations by rendering the violators ineligible to adopt pets from County animal
shelters,
Section 2. Sec. 4-70, Monroe County Code is hereby amended to read as follows:
4-70 Chaining and tethering animals prohibited. ---
(A) Definitions. As used in this section:
(1) "Owner" includes any owner, custodian, or other person in charge of a dog.
(2) As used in this section, tether means to restrain a dog by tying the dog to any object
or structure, including without limitation a house, tree, fence, post, garage, or shed, by
any means, including witliout limitation a chain, rope, cord, leash, or running line.
Tethering shall not include using a leash to wallc a dog.
(B) It shall be unlawful fora responsible party to tether a dog while outdoors, except
when all of the following conditions are niet:
(1) The dog is in visual range of the responsible party, and the responsible party is
located outside with the dog.
(2) The tether is connected to the dog by a buckle -type collar or a body harness
made of nylon or leather, not less than one inch in width.
(3) The tether has the follov ing properties: it is at )east five times the length of the
dog's body, as measured fron-i the tip of the nose to the base of the tail; it
terminates at both ends with a swivel; it does not weigh more than 1/8 of the dog's
weight; and it is free of tangles.
(4) The dog is tethered in such a manner as to prevent injury, strangulation, or
entanglement.
(5) The dog is not outside during a period of extreme weather, including without
limitation extreme heat or near -freezing temperatures, thunderstorms, tornadoes,
tropical storms, or hurricanes.
(6) The dog has access to water, shelter, and day ground.
(7) The dog is at least six months of age. Puppies shall not be tethered.
(8) The dog is not sick or injured.
(9) Pulley, running line, or trolley systems are at least 15 feet in length and are
less than. 7 feet above the ground.
(10) If there are multiple dogs, each dog is tethered separately.
(C) An exception can be made when the animal is left unaccompanied in a public
location for a period not to exceed 15 minutes.
(D) For a first-time violation, the Department shall issue a warning notice to the
responsible party and shall wait at least thirty (30) days before taking any further
enforcement action against the responsible party. Thereafter, each violation of this
section shall be subject to enforcement in accordance with Sec. 4-46 of this chapter.
SECTION 3. Ord. No. 022-2006 §4, Section 4-70, Monroe County Code as previously
written, is hereby repealed.
SECTION 4. SEVERABILITY. If any portion of this ordinance is for any reason held
invalid or declared to be unconstitutional, inoperative or void, such holding shall not
affect the remaining portions of this ordinance. If this ordinance or any provision thereof
shall be held to be inapplicable to any person, property or circumstances, such holding
shall not affect its applicability to any other person, property or circumstances.
SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said
conflict.
SECTION 6. INCLUSION TN COIN; OF ORDINANCES. The provisions of this
ordinance shall be included and incorporated in the Code of Winances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbering system of the Code.
SECTION 7. EFFECTIVE' DATE. This Ordinance shall take effect on
2009 provided that this Ordinance shall be filed with the Department of State as provided
in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the th day of , 2009.
Mayor George Neugent
Mayor Pro Tem Sylvia Murphy
Commissioner Heather Carruthers
Commissioner Mario DiGennaro
Commissioner Kim Wigington
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
UZ
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairperson
MONROE COUNTY ATTORNEY
. APPROVED AS TO FORM:
CHRIST! E M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date I.
Sec. 4-46. Enforcement; fines.
(a) Violations observed. Upon observing a violation of this chapter, the animal control
supervisor or a sworn animal control officer or any other law enforcement officer may
either:
(1) Issue a citation to the owner or keeper of the animal, that shall be in substantially
the same form approved by board resolution for this purpose, and that shall contain:
a. The date and time of the issuance of the citation;
b. The name and address of the person cited;
c. The date and time the civil infraction was committed;
d. The facts constituting probable cause for the issuance of the citation;
e. The ordinance violated;
f. The name and authority of the officer issuing the citation;
g. The procedure for the person to follow in order to pay the civil penalty or to contest
the citation;
h. A statement of the maximum civil penalty (not to exceed $500.00) that may be
imposed if the person cited contests the citation and is determined to have violated the
ordinance;
i. A statement of the civil penalty payable if the person cited does not contest the
citation; and
j. A conspicuous statement that if the person fails to pay the civil penalty within the time
allowed, or fails to appear in court to contest the citation, or fails to appear in court as
required by the citation, he shall be deemed to have waived his right to contest the
citation, and that, in such case, judgment may be entered against the person for an
amount up to the maximum civil penalty of $500.00. In addition, if a person fails to pay
the civil penalty, or fails to appear in court to contest the citation or fails to appear in
court as required by the citation, the court may issue an order to show cause upon the
request of the governing body of the county. This order shall require such persons to
appear before the court to explain why action on the citation has not been taken. If any
person who is issued such order fails to appear in response to the court's directive, that
person may be held in contempt of court.
(2) Impound the animal that is the subject of the violation and commence prosecution
of the offense pursuant to this chapter or F.S. § 828.27(1)(f) or any subsequent similar
provision.
(3) The following types of violation of this chapter require a mandatory court
appearance by the person cited:
a. Aggravated violations resulting in the unprovoked biting, attacking or wounding by a
domestic animal;
b. Violations resulting in the destruction or loss of personal property;
c. Second or subsequent violations; or
d. Violations resulting in the issuance of a third or subsequent citation.
(4) Persons required to appear in court do not have the option of paying the fine
instead of appearing in court.
(5) The director of public works shall maintain records to prove the number of citations
issued to any one person.
(b) Complaints of violations not observed. Upon receipt of an affidavit of complaint
signed by one person under oath before an individual authorized to take
acknowledgments, setting forth the nature and date of the act, the owner or keeper of
the animal, the address of the owner or keeper, and a description of the animal, the
animal control supervisor or a sworn animal control officer or other law enforcement
officer shall investigate the complaint to determine whether there is probable cause to
believe a violation of this chapter has occurred. If probable cause exists, the animal
control supervisor or a sworn animal control officer shall commence prosecution of the
offense pursuant to F.S. § 828.27(1)(f).
(c) Punishment. Upon conviction, any person violating this chapter shall be punished
as provided by law. Each day during which the violation continues shall be deemed a
separate offense.
(1) Civil infraction. Violations of any provision of this chapter shall constitute a civil
infraction. The maximum civil penalty shall not exceed $500.00 per violation.
(2) Court cost, surcharges and other special charges. Court costs, surcharges and
other special charges shall be added by the clerk of the circuit court in the same manner
and amounts as provided for class 1 noncriminal violations.
(3) Uncontested citation; exceptions. If the party cited does not contest the citation, the
penalty given shall be $100.00 except as follows:
a. Violations of sections 4-68, 4-69, 4-70, 4-72. Violation by an owner or keeper of a
dog or cat of section 4-68 governing abandonment, section 4-69 governing spaying and
neutering, section 4-70 governing chaining and tethering, and section 4-72 governing
cruelty to animals, constitutes a civil infraction for which the owner or keeper of the
animal shall be issued a citation by an officer having probable cause to believe a person
has committed an act in violation of those sections. If the citation is paid, the citation
shall be subject to the following penalties for each animal:
TABLE INSET:
First violation I Warning
Second violation I Fine of $100.00 1
All subsequent violations I Fine of $250.00 1
b. Violators ineligible for pet redemption or adoption from a county animal shelter.
1. Second and subsequent violations of 4-68 and 4-70. Any person who has been
cited for a violation of section 4-68 or 4-70 and who has not obtained a county court
order dismissing the citation shall be ineligible to redeem or adopt any animal from a
county animal shelter for a period of three years from the date of the citation.
2. Violations of section 4-72. A person convicted of a violation of F.S. § 828.12, or
cited for a violation of section 4-72, which citation has not been dismissed or overruled
by a court of law, shall not be permitted to adopt any animal from any county animal
shelter until proof is provided that the person has undergone psychological counseling
with regard to the violation or completed an anger management treatment program. Any
plea of nolo contendere shall be considered a conviction for purposes of this
subsection.
c. Violation of litter registration requirement. For violation of the litter registration
requirement, in addition to the $100.00 fine for a first offense and $250.00 fine for a
second offense, the following additional penalty and waiver apply:
1. A $500.00 fine for the third and every subsequent offense; and
2. Waiver of the fine of $100.00 if resolution of the first offense includes the animal
being spayed or neutered subsequent to giving birth to the litter.
d. Violation of section 4-69(d). For violations of section 4-69(d), the owner shall be
fined an additional $100.00 per offense unless the owner agrees to have the animal
altered as provided in that subsection.
(4) County surcharge. For each civil penalty imposed for violation of an ordinance
relating to animal control or cruelty in this chapter, a surcharge of $5.00 shall be paid by
the person charged to the county. The proceeds from such surcharges shall be used to
pay the costs of training for animal control officers.
(5) Contesting citation. Anyone who receives a citation under this section may, within
ten days of the issuance of the citation, petition the county court for a hearing on the
merits. A copy of the petition shall be filed with the animal control office from which the
citation was issued. Filing of the petition with the court shall stay the requirement to pay
the fine until the date of the hearing scheduled by the court. Failure to appear at the
scheduled hearing shall subject the petitioner to the remedies set forth in this chapter.
(6) Show cause order. If a person fails to pay the civil penalty, fails to appear in court
to contest the citation, or fails to appear in court when required by a citation mandating
court appearance, the court may issue an order to show cause upon the request of the
governing body of the county. This order shall require such persons to appear before the
court to explain why action on the citation has not been taken. If any person who is
issued such order fails to appear in response to the court's directive, that person may be
held in contempt of court.
(d) Failure to sign citation. Any person willfully refusing to sign and accept a citation
issued by an officer shall be guilty of a misdemeanor of the second degree, punishable
as provided in F.S. § 775.082 or F.S. § 775.083, or a fine not to exceed $500.00 in
addition to the civil penalty.
(e) Each act or omission, per animal, a separate offense. A violation of this chapter as
to each animal in the care, custody or control of a person constitutes a separate offense,
each separate offense being subject to the penalties provided in this chapter. In all
situations where penalties are provided for any act or omission, they shall be held to
apply to each and every act or omission. When any act or omission is of a continuing
character, each and every day's continuance of the act or omission constitutes a
separate offense and a presumption of continuing harm and violation of this chapter that
may be separately charged and punished according to the provisions of this chapter.
(f) Proof of charged infractions. The commission of a charged infraction at a hearing
authorized pursuant to this chapter must be proven by a preponderance of the
evidence.
(Code 1979, § 3-24; Ord. No. 006-2006, § 1; Ord. No. 022-2006, § 7)
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 17, 2009 at 3:00
P.M., or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas
Highway, Mile Marker 50, Marathon, Monroe County, Florida, the Board of County Commissioners
of Monroe County, Florida, intends to consider the adoption of the following County ordinance:
AN ORDINANCE AMENDING SEC. 4-70, MONROE COUNTY
CODE, PROVIDING FOR THE LIMITING OF CHAINING OR
TETHERING OF DOGS; PROVIDING FOR PENALTIES;
PROVIDING FOR PROCESS TO CONTEST CITATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HE,
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN
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.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. - 5:00 p.m., no later than 2 working days prior to the scheduled meeting; if you
are hearing or voice impaired, call "711 ".
Dated at Key West, Florida, this 22"' day of May, 2009.
DANNY L. KOLHAGE, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
Reporter (Fr) 5/29/2009
Keynoter (Sa) 5/30/2009
KW Citizen (Su) 5/31/2009
NOTICE OF INTENTION TO
CONSIDER
AD ION OF COUNTY
aR ONA7-CE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on June 17, 2009 at 3:00 P.M., or Y WEST
as soon thereafter as may be
heard, at the Marathon EN
Government Center, 2798 4 ROL IM
Overseas Highway, Mile Marker LLC
50, Marathon, Monroe County,
Florida, the Board of C
STATE OF FLORIDA
COUNTY OF MONROE
ounty Before the undersigned authority personally appeared Randy G. Erickson, who
Commissioners of Monroe County,
Florida, intends to consider the on oath says that he is Vice -President of Advertising Operations of the Key
adoption of the following County .Or
ordinance West Citizen, a daily newspaper published in Key West, in Monroe County,
AN ORDINANCE AMENDING
SEC. 4-70, MONROE COUNTY
CODE, PROVIDING FOR THE
LIMITING OF CHAINING OR
TETHERING OF DOGS;
PROVIDING FOR PENALTIES;
PROVIDING FOR PROCESS TO
CONTEST CITATION;
PROVIDING FOR
SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR
INCORPORATION INTO THE
MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING
AN EFFECTIVE DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is given
OW if a person decided to appeal
decision made by the Board
wIA respect to any matter
C"idered at such hearings or
'~ngs, fie 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.
ADA ASSISTANCE. If you are a
Person with a disability who needs
special accommodations in order
to participate in this proceeding,
Pi1Wsp contact the County
A0116iistrator's Office, by phoning
f' 292-4441, between the
=than
of 8:30 a. m- 5 00, p.m., no
2 working days prior to
Scheduled meeting,- if you are
W. /%g or Voice impaired, call
*ide � at Key West, Florida, this
2 day of May, 2009.
DANNY L. KOLHAGE,
Clerk of the Circuit Court
and ex officio
Clerk of the Board of County
Commissioners
Monroe County, Florida
i 3t, 20p9
marathon ct ko� snr�ti, �,,..
Upper Keys Office
91731 Overseas Hwy
Tavernier, FL 33070
Tel 305-853-7277
Fax 305-853-0556
freepress@floridakeys.com
lorida;
iat the attached copy of advertisement, being a legal notice in the matter of
,vas published in said newspaper in the issue(s) of
.3J , '44 9
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, 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 neither 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 newspaper/
Signature of Affiant
Sworn and subscribed before me this day of
, 2009
CD
cm
M
G..
t.-..
r+n+.
Notary Public:
....
Q
Marsha F. Kirkw od
;,
t
Expires: September 15, 2013
Notary Seal
MARS►` F. IQR
MY COMMISSION # DDr 15, 2013
EXPIRES: SeptePub�Nc Under
Thru Notary
Bonded
Personally Known x Produced Identification
Type of Identification Produced 0.1
NOTICE OF INTENTION TO
CONSIDER
ADOPTION OF COUNTY
ORDINANCE,
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on July 15, 2009 at 3:00 P.M., or
as soon thereafter as may be
heard, at the Harvey
Government Center, 1200
Truman' Avenue, Key West,
Monroe County, Florida, the
Board of County Commissioners
of Monroe County, Florida, intends
to consider the adoption of the
following County ordinance:
AN ORDINANCE AMENDING
SEC. 4-70, MONROE COUNTY
CODE, PROVIDING FOR THE
LIMITING OF CHAINING OR
TETHERING OF DOGS;
PROVIDING FOR PENALTIES;
PROVIDING FOR PROCESS TO
CONTEST CITATION;
PROVIDING FOR
SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR
INCORPORATION INTO THE
MONROE COUNTY CODE OF
ORDINANCES; 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.
ADA ASSISTANCE: If you are a
person with a disability who needs
special accommodations in order
to participate in this proceeding,
please contact the County
Administrator's Office, by phoning
(305) 292-4441, between the
hours of 8:30 a.m. - 5:00 p.m., no
later than 2 working days prior to
the scheduled meeting; if you are
hearing or voice impaired, call
"711 ".
Dated at Key West, Florida, this
22nd day of May, 2009.
DANNY L. KOLHAGE,
Clerk of the Circuit Court
and ex officio Clerk of
the Board of County
Commissioners of
Monroe County, Florida
June 28, 2009
Upper Keys Office
91731 Overseas Hwy
Tavernier, FL 33070
Tel 305-853-7277
Fax 305-853-0556
freepress@floridakeys.com
N STATE OF FLORIDA
•, COUNTY OF MONROE
LC
Before the undersigned authority personally appeared Randy G. Erickson, who
on oath says that he is Vice -President of Advertising Operations of the Key
West Citizen, a daily newspaper published in Key West, in Monroe County,
Florida;
that the attached copy of advertisement, being a legal notice in the matter of
was published in said newspaper in the issue(s) of
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, 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 neither 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 newspaper. _ n
Signature of Affiant
Sworn and subscribed before me this day of 1,44— 52009
Notary Public:
Marsha F. Kirkwood
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Personally Known x Produced Identification
Type of Identification Produced
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared WAYNE MARKHAM who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in Monroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the issues
of: (date(s) of publication)
WAY
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year next preceding the first
publication of the attached copy of
advertisement. The affiant further says
that he has neither 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 newspaper(s) and
that The Florida Keys Keynoter is in full
compliance with Chapter 50 of the Florida
State Statutes on Legal and Official
Advertisements.
Sworn`fo and bsc� d before me
this Day , 2009
(SEAL)
Notary BEVERLY TRAE� -`P1
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TheReporter
P.O. Box 1197 9 Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-0199
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally
appeared DAVID GOODHUE who on oath, says
that he is 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
LEGAL NOTICE in said newspaper in the issue
of:
May 29, 2009
Affiant further says that THE 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 Friday), 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 she
has neither paid nor promised any firm, person,
or corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for publication in
the said newspaper and that The Reporter is in
full compliance with Chapter 50 of the Florida
State Statutes on gal and Official
Advertisements. _ / /'
Sworn to a6Qjr6bscribed before me 29 ," day of
May, 2009.
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