Ordinance 026-1986 Commissioner John C. Stormont
ORDINANCE NO. 026-1986
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AMENDING
THE CODE OF ORDINANCES OF THE COUNTY OF
MONROE, FLORIDA, BY ADDING A NEW SECTION TO
SAID CODE TO BE NUMBERED 2. 1-3 . TO PROHIBIT
POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC
BEVERAGES IN VEHICLES IN THE UNINCORPORATED
AREAS OF MONROE COUNTY, FLORIDA; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE COUNTY OF MONROE, FLORIDA;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS , it is in the best interests of the health and
safety of the citizens of the unincorporated areas of Monroe
County, Florida, that persons whose physical capabilities are !
impaired by their consumption of alcohol not be in control ofi
vehicles in the unincorporated areas of Monroe County, Florida,
and not be a distraction to persons in control of such vehicles ,
and
WHEREAS, a prohibition of open alcoholic beverage containers
in vehicles appears reasonably related to said interests , now,
therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows :
"Section 2. 1-3 . Consumption of alcoholic beverages -
possession of open containers of alcoholic beverages .
(1) Intent.
It is the policy of the Board of County Commissioners /
of Monroe County, Florida, that the consumption of
alcoholic beverages or the possession of any open
container of alcoholic beverages while driving or
riding in or on a vehicle is prohibited.
(2) Definitions .
a. Alcoholic beverage: any beverage containing more
than one percent (1%) alcohol by weight.
b. Vehicle: Any device by which any person or
property may be transported or drawn upon a street,
highway or roadway.
c. Open container: Any receptacle or container
immediately capable of being consumed from by a person,
or which has been opened, or a seal broken, or the
contents of which have been partially removed.
(3) No open containers .
a. No person shall drink from or possess any open
container containing any alcoholic beverage while in or
on any vehicle upon a public street, highway, or
roadway or semi-public parking lot in the unincorpo-
rated areas of Monroe County.
b. An open container shall not be considered to be
in the possession of a person in or on any vehicle if
the same is located in a locked trunk, or other area
not accessible to the driver or passengers .
(4) Penalty.
Violations of this ordinance shall be subject to the
penalties provided by Section 1-7 of the Code of Ordi-
nances of the County of Monroe, Florida. Such viola-
tions shall be enforced by any officer having the power
to enforce laws and regulations on the streets , high-
ways or roadways within the unincorporated areas of
Monroe County, Florida, involving vehicles upon such
streets , highways or roadways within the unincorporated
areas of Monroe County, Florida."
Section 2. If any section, subsection, sentence, clause or
provision of this ordinance is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.
Section 3 . 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.
2
Section 4 . All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of
any such conflict.
Section 5 . This ordinance shall take effect immediately
upon receipt of official notice from the office of the Secretary
of State of the State of Florida that this ordinance has been
filed with said office.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
..
BY:
MAYOR/CHAIRMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, Clerk
-1771?-14 (7e/rd, -G'-e," Z/Z
CK
-71
PASSED AND ADOPTED: Y` o - Ft,
FILED WITH SECRETARY OF STATE : C1-4-1-00
EFFECTIVE DATE: gam(- go
.APP „f lip AS TO FORM
Al i LErAL SUFFICIENCY: `
0
______7z)
BY
Attorney's Office
3
PROOF OF PUBLICATION
•
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared CHAP T,OTTF RTKORA , who on oath, says
that he is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a NOTICE TO ADOPT ORDINANCE
IN THEMATTER OF OPEN- CONTAINERS—OF—ALCOHOLIC—BEVERAGES-3N—V-EHIC:LE-S in the
Court, was published in said
newspaper in the issues of Aug. 7 , 1 4 , 1 9 8 6
NOTICE OF
INTENTION TO
Affiant further sa s that the said FLORIDA KEYS KEYNOTER is a news a ublished at Mara- -FONSINTR ADOPTION
er
Y P P P i OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously ;that on OFMritdaTMAYutt CONCERN8
at 3:00 P.M. at the Plantation
statioGovernment
oKey m MonroeferCun®y,
Plan-
published in said Monroe County, Florida, each week (on Thursday) and has been entered as second Florida, the,FBoard 'of County,
ICountysFlorida,in of
toMonroe o
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one ;skier the adoptlonof,.the.follow-
'Ind County Ordinance:. , -
year next precedingthe firstpublication of the attached copyof advertisement; and affiant further ORDINANCE
Y ' No:=i986
` AN ORDINANEETI~OFI TH'E
BOAR says that he has neitherpaid norpromised anyperson,firm,or corporation anydiscount, rebate, corn- MisSIo E COUNTMNROE.
Y P COUNTY RSWO, LOR DA
AMENDING THE*-CODE
mission or refund for the purpose of securing this advertisement for publication in the said newspaper. OF ORDINANCES OF THE I .
COUNTY OF MONROE, -
FLORIDA BY ADDING A ,
NEW SECTION TO SAID
CODE TO BE NUMBERED
i' 2.1-3. TO PROHIBIT PAS- '
___ SESSION OF OPEN CON-
. . _ TAINERS OF ALCOHOLIC
_ �T \�' �"" BEVERAGES IN VEHI-
....._•
--• �� f�[,/'�rr�,„G../ I POR IE THE U AREAS OF
�� CLESIND OF
_ _ MONROE • COUNTY '
^(SEAL)— - - FLORIDA PROVIDING
.- - /1/ ' FOR PEilALTIES• PRO-
VIDING FOR SEVERABILI- '
TY PROVIDING FOR IN-
CLUSION IN THE CODE OF -;
- -- SWORN-TO Pa~ SUBSCRIBED BEFORE ME THIS ORDINANCES OF THE"
'\ - n COUNTY OF MONROE,-.
_ ���/J %y Y/ FLORIDA' PROVIDING •
DAY-OF �L (�l/f!�/ D.419 «CJJJy!/ FOR THE REPEAL OF
_ .� = ALL ORDINANCES OR
PARTS OF ORDINANCES
/ d IN CONFLICT WITH THIS
.! ORDINANCE;VI AN EFFEC-
C./ TIVE DATE.
Pursuant to Section 286.0105,
;Florida a a person decided is given
iapn
ROTA' UBLTC STAiE OF FLORIDA peal any decision made by the
HY CONNISSION EXP. AUG 14,1988 Board with respect to any mat=
ter considered at such hearings
BONDED TNRU GENERAL INS. W10. • f or meetings,he will need a rec=
•
Ord of the proceedings,and that
• - for such purpose, he may need
• Ito ensure that a verbatim record
• Iof the proceedings is made,
which record Includes the testi-1
mony and evidence upon which
I the appeal is to be based.
I DATED at Key West, Flroida;
this 30th day of July,A.D.1986.
DANNY L.KOLHAGE
• Clerk of the Circuit Court
of Monroe County,Florida
and ex officio Clerk of the
Board County Commissioners
of Monroe County,Florida
Publish:Aug-7 14,1906 .
Florida Keys Keynoter
ter.
•
THE KEY WEST CITIZEN
Published Daily
Key West, Monroe County, Florida 33040 •
STATE OF FLORIDA)
ss.
COUNTY OF MONROE) '
Before the undersiged authority personally appeared
R , t"laktii , who on oath says that he is
I_0l .j;,�.., "tor of the Key West Citizen, a daily news-
paper published at Key West in Monroe County, Florida; that the
•
attached copy of advertisement, being a „ioN
„ogr,C5 by ,Qpp.TrfONa
Y OF COl'JNt4VORDINANCE4 1.1
/4Q � 1 ..notice is hero'iY given to' v!
' may cos�cernthat n Friday.Au9usKS
19Cv SY 3:09 p,M.at the Plantation
Government Center, Plantation KW
in the matter of Oaru Oil
Monroe CCommissioners tof he BMonroie 1
County iaorida, intends to consider ,
County,
the adoption of the following C®only
L,, I ordinance:
�(jtJ AN ORDINANCE OF THE BOARD�F
COUNTY COMMISSIO FLORIDA,OR
MONROE cOUNTY��DE OF
1 AMENDING OFHTHE COUNTY OF !
DINANCES BID
ADDING A ;
7�pJQL,yv MONRSEECTION TO SAID CODE TO V
C�`.�'" ' NEW 2.1-3.00 PHOHCON-
BE NUMBERS OCOHOLIC o
� POSSESSION OF
147/5115illgt
REAS OF.!LO DAwas published in said newspaper in the issuENALTIEs7 p It
t PROVIDING FOR SENCLUSil NTYN
i/ /5 PROVIDING I'O pRDINAN N
THE CODE.OF OF pN00 VI
THE COUNTY ltl
REPEAL OF AL1.ICRDGNANCES OR
Affiant further says that the said The RAPES OF oROH19NpRDINAN IN GE;
a newspaper published at Key West, in said M ANDTpRov DING FOR AN EF �,i
and that the said newspaper has heretofore bi FECTIVE DATE.
Statutes,nonce is given that if apenon ,
lished in said Monroe County, Florida, each ( Pursuant to Section 286.0105•Flori a
and has been entered as second class mail mat decided to aFppeai any detect�omanY ) I
by d with resP 9 the �Ce
in Key West, in said Monroe County, Florida, matter considered e such aecord o
ur-
meetings,he and teat�
year next preceeding the first publication G, proceedings, to ensurecthat a .
of advertisement; and affiant further says th pose, he may ned rocee igs is
Y verbatimwhichrdrecord Pincludes the Ld
norpromised anyperson, firm or corporation made, andevidenceupon which the 9:
P testea�sytobebased. his {
commission or refund for the purpose of secury aPDATED at Key West, Florida,tda It
for publication in the said newspaper. ' 30thday of JOY,it Amy
L.KOLHAGE
Clerk of the Circuit
lo�ida,
r, of Monroe Countyy, of
and ex offcommissioners
,;'-i Board of County Florida
+ of Monroe County, i
(SEAL) , Aug.l,Aug.1s, - -------_
U _ _�-
6 '
SWRN�1I�;D SUBSCRIBED before me this R� day of / i' , 19S
COMMISSION EXPI • S:
NOTARY C
PROOF OF PUBLICATION
BOX 1197, TAVERNIER, FL, 33070
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authGrity personally appeared
, who on oath, says that he is
of THE REPORTER, a weekly newspaper published at Tavernier,
that the attached copy of advertisement, being a
DNiNY Kll.FF
ED ITm & PUBl..I SIlER
Monroe County, Florida;
LEGAL. NOTICE
IN THE MATTER OF
in the
newspaper in the
NJTICE OF INTENTION 10 CONSIDER ADOPTIOO OF COlMY aIDINANCE
Court, was published in said
issues of 8-7 & 8-14-86
Affiant further says that the said 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 Thursday), 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 he has neither
paid nor promised any firm, person, or corporation any
discount, rebate, commission or refund for the purpose of
securing this said advertisement for publication in the
said n wspaper.
BEFORE ME THIS
14ni
MY COMMISSION EXPIRES.
R PUBLIC
!J'OJARY PlJBITC STAYtb'F-'P[o'RtVA
7\i\r, ~I..)MMI:>:>IUI'~ t!'YIKt~ p>~~, , 1987
~Ot~DED JHl\.U c<ri,L ~:'c'jVh ,'..1
- - - — NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE -
NOTICE IS HEREBY�GIVEN TO WHOM IT MAY CONCERN that on •
. Friday.August 22.1986 at:3:00 P:itl.at the Plantation Key Government('enter.
Plantation Key.Monroe County.Florida.the Board of County Commissioners
i of Monroe County.Florida.intends to consider the adoption of the following {
County ordinance: ll
ORDINANCE NO. -1986 . I
IAN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF l'
1 MONROE COUNTY.FLORIDA.AMENDING THE('DUE OF ORDINANCES 1
OF THE COUNTY.OF MONROE.FLORIDA.BY ADDING A NEW SECTION 1
TO SAID CODE TO HE NUMBERED 2.1-:3.TO PROHIBIT POSSESSION OF.
{ OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN VEHICLES IN I
THE UNINCORPORATED AREAS OF MONROE COUNTY. FLORIDA:' t
1 PROVIDING FOR PENALTIES: PROVIDING FOR SEVERABILITY:
.PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF TILE
COUNTY OF MONROE. FLORIDA; PROVIDING FOR THE REPEAL.OF 1
r ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH I
7 THIS ORDINANCE:AND PROVIDING FOR AN EFFEC'I'IVE DATE.
Pursuant to Section 286.0105. Florida Statutes, notice is given that if a 1
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 l
record of the proceedings is matte.-which record includes the testimony and
evidence upon which the appeal is to be based.i •-
I)ATEI)at Key West.Florida.this:311th day of July.A.D.1986.
. DANNY I..►COI.IIAGE i
' Clerk or the Circuit Court
of Monroe County.Florida
and cx officio Clerk of the j
'Board of County('omnissioners j
of Monroe Count}.Florida
Published:8/7&8/1.1/86 -
'l'he Reporter - 'i
Tavernier.FL 331170 V • i
P
}
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Friday, August 22, 1986 at 3:00 P,M. at the Plantation Key
Government Center, Plantation Key, Monroe County, Florida, the
Board of County Commissioners of Monroe County, Florida, intends
to consider the adoption of .the following County ordinance:
ORDINANCE NO.
-1986
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AMENDING
THE CODE OF ORDINANCES OF THE COUNTY OF
MONROE, FLORIDA, BY ADDING A NEW SECTION TO
SAID CODE TO BE NUMBERED 2.1-3, TO PROHIBIT
POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC
BEVERAGES IN VEHICLES IN THE UNINCORPORATED
AREAS OF MONROE COUNTY, FLORIDA; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE COUNTY OF MONROE, FLORIDA;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING FOR 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.
DATED at Key West, Florida, this 30th day of July, A.D.
1986.
DANNY L. KOLHAGE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
J)annp I.. Itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (3051 852-9253
August 31, 1986
..
CERTIFIED MAIL
RETURN RECIEPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No, 026-1986 pertaining to the prohibition of possession of
open containers of alcoholic beverages in vehicles in the
Unincorporated Areas of Monroe County. This Ordinance was
adopted by the Monroe County Board of County Commissioners
at a regular meeting in formal session on August 22, 1986.
Please file for record.
Very truly yours,
DannyL. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Boa r d 0 f--)C 0 u n t y Com m i s s ion e r s
BY:~L~~TrY~~Terk
.7'
,/
cc: Municipal Code Corp.
Mayor Wilhelmina Harvey
Commissioner Alison Fahrer
Commissioner William Freeman
Commissioner John Stormont
Commissioner Edwin Swift
Sher~ff William Freeman
County Attorney
C~nty Administrator
vF'"ile
P 333 987 241
0 SENDER:Complete items 1 and 2 when additional services are desired,and complete items 3 and 4.
Put your address in the"RETURN TO"space on the reverse side.Failure to do this will prevent this
card from being returned to you.The return receipt fee will provide you the name of the person
delivered to and the date of delivery.For additional fees the following services are available.Consult
postmaster for fees and check box(es)for additional service(s)requested.
1. ❑ Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery.
3.Article Addressed to: 4.Article Number 111 —1
Mrs. Liz Cloud, Chief P 333( 987 241
Bureau of Admin. Code and Law.. Type of Service:
Department of State ❑ Registered 0 Insured
The Capitol A Certified ❑ coo
Express Mail
Tallahassee, FL 32301
Always obtain signature of addressee or
agent and DATE DELIVERED.
5.Sig —Addr e , a,Addressee's Addres (O : '
X �/ requested and f e n u"
l'e
6.Sig atu — gent �7
X Cefr .
7.Date of Delivery 6/4 /(/, s
(/ U 5/U" li env-
PS Form 3811,Feb.1986 DOMESTIC RET RN RECEIPT
PS Form 3800, June 1985 ,t U.S.G.P.O.1985.480.794
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AaTieLlS .zo aT.znpr :NISEI
FLDRIDA DEPARTMENT OF Sf ATE
George Firestone
Secretary of State
S~ptember 9, 1986
:Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L, Connolly, Deputy Clerk
Dear Mr, Kolhage:
Pursuant to the provlslons
Statutes, this will acknowledge:
1, Receipt of Letter/s of
and certified copy/ies of
County Ordinance(s)
of Section 125.66, Florida
Cert. Mail
August 31, 1986 (P333 987 241)
Monroe
86-26
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
3, We have filed this/the!e Ordinance(s) in this office
on September 8 1986.
4, The original/duplicate copy/ies showing the filing
date is/are being returned for your records.
Cordially,
(~c~&
Bureau of Administrative Code
LC / mb
FLQRIDA-State of the Arts