Item C07 C7
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
May 15, 2024
Agenda Item Number: C7
2023-2439
BULK ITEM: Yes DEPARTMENT: Engineering Services
TIME APPROXIMATE: STAFF CONTACT: Judy Clarke
no
AGENDA ITEM WORDING: Approval to advertise a public hearing at the July 17, 2024 meeting to
consider approval of an ordinance of the Monroe County Board of County Commissioners amending
Section 19-5 of the Monroe County Code; prohibiting fishing from Shore Drive Bridge (Sugarloaf)
#904152.
ITEM BACKGROUND:
Shore Drive Bridge#904152 is a narrow two-lane bridge on Sugarloaf Key. Pedestrians fishing from
the bridge must stand next to the travel lanes and this creates a safety hazard and difficulty for traffic
flow. The ordinance will revise the Monroe County Code to allow Shore Drive Bridge to be posted
with"No fishing from bridge" signs and allow for enforcement.
PREVIOUS RELEVANT BOCC ACTION:
None
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Not applicable
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance amending section 19-5 No Fishing From Certain County Bridges 4-23-2024 rev-signed.pdf
Business Impact Estimate 19-5 No Fishing Shore Drive 5-2024.pdf
FINANCIAL IMPACT:
200
none
201
ORDINANCE -2024
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 19-5 OF
THE MONROE COUNTY CODE; PROHIBITING FISHING
FROM CERTAIN COUNTY BRIDGES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES IN CONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, it is detrimental to traffic safety and it is dangerous to human life for pedestrians to
fish from the Shore Drive Bridge ((Sugarloaf) Monroe County Bridge 4904152 over unnamed channel);
and
WHEREAS, § 125.01(4), 316.008 and 316.130(1), Florida Statutes, authorizes the County to
enact such an ordinance;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 19-5 shall be amended as follows (Note: Deletion of language is noted in
st44ke t4-etig4, text and addition of language is noted in underlined text):
Sec. 19-5. - Fishing from certain county bridges prohibited.
(a) Fishing by pedestrians is hereby prohibited from or on any portion of:
(1) Tom's Harbor Channel County Bridge.
(2) Sugarloaf Blvd. Bridge (CR 939 (Sugarloaf Blvd.) Monroe County Bridge 4904153 over
unnamed channel).
(3) Shore Drive Bridge 4904152 (Sugarloaf).
loaf).
(b) The county engineering director is instructed to have traffic control devices posted on the
approach to the bridge and on the bridge itself warning of the fishing prohibition.
(c) Violations of this section are noncriminal traffic infractions subject to the enforcement
provisions of F.S. § 318.14(1) (6).
(d) The penalty for a violation of this section is that established by F.S. § 318.18(1) for the
violation of pedestrian regulations ($15.00 fine).
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(e) This section may be enforced by any law enforcement officer with authority to arrest persons
for the violation of statutes or ordinances regulating traffic or by traffic enforcement officers
employed by the county sheriff, who may also issue citations for any violations.
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 17 1h day of July, 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
Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
CHRISTINE LIMBERT•BARROWS
ASSISTANT COUNTY ATTORNEY
DATE; 4.1231.24
Page 2 of
203
"e11UYY 'u
BUSINESS IMPACT ESTIMATE!
Meeting Date: May 15,2024
Proposed Ordinance Title/Reference: Ordinance amending Section 19-5 No Fishing from
Certain County Bridges
The Proposed Ordinance ❑ does ® does not fall under one of the following enumerated
exceptions:?
❑ 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:
The ordinance is required to add the Shore Drive Bridge, Structure #904152 on
Sugarloaf to the list of county bridges that are posted with"No Fishing from Bridge". The road
way and bridge are narrow with no shoulders and it creates safety and traffic flow concerns
when people stand on the sides of the bridge and fish.
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs: none
b. New Charges/Fees on Businesses Impacted:none
c. Estimate of Regulatory Costs:none
Good Faith Estimate of Number of Businesses Likely Impacted: none
Any Additional Information:no
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)
204