Item O5 05
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: 05
2023-2130
BULK ITEM: No 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 amending section 5-21 of the Monroe County Code governing aircraft parking 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 aircraft parking 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:
Business Impact Estimate—Ord 5-21-Aircraft Parking.docx
Ordinance 5-21 Aircraft parking amendment.docx
FINANCIAL IMPACT:
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N/A
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�,*�-t4'w
BUSINESS IMPACT ESTIMATE'
Meeting Date: March 20,2024
Proposed Ordinance Title/Reference: Ordinance governing aircraft parking 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 have a financial impact
on 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 Regulatory Costs: This ordinance is not intended to financially 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 financially impacted by this ordinance as the ordinance amends rules regarding
aircraft parking.
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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ORDINANCE -2024
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 5-21 OF THE MONROE COUNTY
CODE; AMENDING WHERE AIRCRAFT CAN BE
LEGALLY PARKED; REGULATING THE USE OF
AIRPORT APRONS; REQUIRING UNATTENDED
AIRCRAFT BE PROPERLY SECURED; 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
regulate aircraft parking at EYW.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
[Proposed Text Changes are presented in strikethrough to indicate deletions and underline
to indicate additions.]
SECTION 1: Section 5-21 Aircraft Parking shall be amended to read as follows:
Sec. 5-21. -Aircraft parking.
(a) No air-er-aft shall be parked*eft4 of t4e Fd-ftwat or- i* t4e elear-,�e*e areas as show* 81+
No person may park an
aircraft in any area on the airport except those designated,and in the manner prescribed,
by the Airport Director.
(b)
ve Each person operating an aircraft on the airport shall use aprons only as
assigned and consistent with any Operating Directive governing such use.
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(c) No aircraft operator may leave his or her aircraft unattended on the airport except in a
hangar or otherwise in an adequately secured manner.
(d) All illegally parked aircraft shall be removed from improper parking locations at the
direction of the director of airports or his duly designated representative at owner's
expense or user's expense at his sole risk.
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.
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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