Item N11 N11
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
March 20, 2024
Agenda Item Number: N11
2023-2260
BULK ITEM: No DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado
9:00 a.m.
AGENDA ITEM WORDING: A Public Hearing to consider an Ordinance amending section 5-21 of
the Monroe County Code of Ordinances governing aircraft parking at the Key West International
Airport.
ITEM BACKGROUND:
At the February 21, 2024 regularly scheduled board meeting the board adopted and approved a
comprehensive set of rules and regulations governing the use of, and conduct at, Key West International
Airport (KWIA rules & regulations) which was drafted by the Kaplan, Kirsch& Rockwell law firm and
reviewed and edited by airport staff.At the same February 21, 2024 meeting, staff requested approval to
advertise a public hearing to consider an Ordinance amending section 5-21 of the Monroe County Code
of Ordinances which governs aircraft parking at Key West International Airport in order to conform and
harmonize the KWIA rules & regulations with the Monroe County Code of Ordinances.
PREVIOUS RELEVANT BOCC ACTION:
February 21, 2024: The BOCC approved a Request 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.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
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Ordinance 5-21 Aircraft parking am end ment.pdf
Business—Impact Estimate—Ord-5-21-Aircraft—Parlcing.pdf
FINANCIAL IMPACT:
Effective Date: Upon receipt by the Department of State
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted: N/A
Source of Funds:
CPI:
Indirect Costs:Staff time and possibly new signs.
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: TBD
Grant: N/A
County Match: N/A
Insurance Required: No
Additional Details:
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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 person may park an
aircraft in any area on the airport except those designated, and in the manner prescribed,
by the Airport Director.
(b)
Each person operating an aircraft on the airport shall use aprons only as
assigned and consistent with any Operating Directive governing such use.
1
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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: 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 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 20th day of March, 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
POE COUNTY ATTonNEY
11OVE TjFOBRM
2 FEED ,J.
UNTY ASStSTA A EY
Date 3/6/24
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"e11UYY 'u
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 0 does ❑ does not fall under one of the following enumerated
exceptions:?
0 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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