Item O4 04
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
February 21, 2024
Agenda Item Number: 04
2023-2128
BULK ITEM: Yes DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado
N/A
AGENDA ITEM WORDING: Approval to advertise a public hearing regarding adoption of an
ordinance establishing new section 4-82 of the Monroe County Code governing animals at Key West
International Airport.
ITEM BACKGROUND:
Airport staff, with the aid of the Kaplan, Kirsch and Rockwell law firm, recently completed the drafting
of a comprehensive set of rules and regulations for Key West International Airport(EYW)which are
being placed before the BOCC for adoption. The rules and regulations contains a section which
addresses animals at EYW prompting the need to amend the Monroe County Code (MCC) in order to
conform the MCC with the rules and regulations.
PREVIOUS RELEVANT BOCC ACTION:
None
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approve
DOCUMENTATION:
Ordinance 4-82 -Animals at EYW v2.docx
Business Impact Estimate—Ord 4-82-Animals at EYW.docx
FINANCIAL IMPACT:
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N/A
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ORDINANCE -2024
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ESTABLISHING SECTION 4-82 OF THE MONROE
COUNTY CODE; SETTING FORTH REGULATIONS FOR
ANIMALS AT THE KEY WEST INTERNATIONAL
AIRPORT; 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.
WHEREAS, the Monroe County Board of County Commissioners (BOCC) promulgated
Rules and Regulations for the Key West International Airport(EYW) at the regularly scheduled
February 21, 2024 board meeting; and
WHEREAS, the BOCC desires to codify the section of the Rules and Regulations which
sets forth the regulations for animals at EYW.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 4-82 is established to read as follows:
Sec. 4-82. —Animals at Key West International Airport.
a No Person may bring an animal into the Airport except:
1. An animal to be or that has been transported by air. Animals being transported
must be properly confined before entering the Passenger Terminal Complex
and/or must be restrained in a traveling container;
2. A service animal recognized as such by federal or Florida law;
3. An animal which remains inside a Motor Vehicle at alltimes;
4. An animal used for law-enforcement, rescue, or wildlife-management
purposes;or
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5. Animals otherwise authorized by the Airport Director to come onto the
Airport for a special event.
b. Any Person who brings an animal onto the Airport or has possession of an animal
thereon shall handle such animal in compliance with all Applicable Laws pertinent
to animal welfare.
C. All animals permitted by this section 4-82 must be restrained by a leash or confined
and completely under control.
d No Person other than those authorized by the Airport Director may hunt,pursue,trap,
catch, injure or kill any animal on theAirport.
e. No Person may feed or do any other actto encourage the congregation of birds or other
animals on the Airport.
f No Person may permit, either willfully or through failure to exercise due care or
control, any animal to urinate or defecate on the AOA, in parking garage(s), on
sidewalks of the Airport, within any Airport building or in any other area at the
Airport, except within Pines Park, the Missile Site, and any other designated animal
relief areas. Any solid waste deposited by any animal in any area of the Airport shall
be immediately collected by the Person having custody or control of such animal.Any
Person having custody or control of an animal on the Airport shall be equipped to
collect such animal's solid waste when deposited.
g. Any Person whose animal displays aggression shall immediately remove it from the
Airport, except with respect to animals acting in the course of law-enforcement or
wildlife-management activities permitted by the Rules and Regulations.
SECTION 2: SEVERABIL,ITY. 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 3: 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 4: 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
uniform numbering system of the Code.
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SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
the Department of State and shall be effective 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 day of 2024.
Mayor Holly Merrill Raschein
Mayor Pro Tem James K. Scholl
Commissioner Craig Cates
Commissioner Michelle Lincoln
Commissioner David Rice
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By By
As Deputy Clerk Mayor/Chairperson
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�,*�-t4'w
BUSINESS IMPACT ESTIMATE'
Meeting Date: March 20,2024
Proposed Ordinance Title/Reference: Ordinance establishing regulations for animals at Key West
International Airport(EYW)
The Proposed Ordinance® does ❑ does not fall under one of the following enumerated exceptions:!
❑x The proposed ordinance is required for compliance with Federal or State law or regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments,including revenue
sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement, including, but not
limited to, any Federal, State, local, or private grant or other financial assistance accepted by the
county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement;or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal
planning, and land development regulation, including zoning, development orders,
development agreements and development permits;
b. Sections 190.005 and 190.046,Florida Statutes,regarding community development districts;
c. Section 553.73,Florida Statutes,relating to the Florida Building Code;or
d. Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served: EYW has experienced
substantial growth since the adoption of prior regulations and ordinances that apply to EYW. It is necessary
to amend the rules and regulations and the related implementing ordinances which are applicable to EYW to
promote the safe, secure,efficient,and economically beneficial operation of EYW in light of the growth and
development of aeronautical operations at EYW.
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs:This ordinance is not intended to impact any businesses in
Monroe County.
b. New Charges/Fees on Businesses Impacted:There are no new charges or fees included in this ordinance.
c. Estimate of Regulator:This ordinance is not intended to impact any businesses in Monroe County.
Good Faith Estimate of Number of Businesses Likely Impacted: Monroe County staff estimates that
businesses are not likely to be impacted by this ordinance.
Any Additional Information: The ordinance implements the rules and regulations for the management,
governance,and use of EYW.
Business impact statement must be posted on the county's website no later than the date the notice of proposed enactment is published.
2 F.S.125.66(3)(c)(2023)
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