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Ordinance 036-1986 Charles Dent Pierce, Director Public Works Department ORDINANCE NO. 036 -1986 AN ORDINANCE PROHIBITING CERTAIN CONDUCT ON PUBLIC PROPERTY IN UNINCORPORATED AREAS OF MONROE COUNTY; AMENDING CHAPTER 13 OF MONROE COUNTY CODE BY ADDING SECTION 13-8, PROHIBIT- ING SLEEPING ON PUBLIC BEACHES AND PARKS; AND BY ADDING SECTION 13-9, PROHIBITING CONSUMPTION OF ALCOHOLIC BEVERAGES ON PUBLIC BEACHES AND PARKS; PROVIDING FOR THE WAIVING OF SUCH PROHIBITIONS; PROVIDING FOR SEVER- ABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF MONROE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is detrimental to the public use of public facilities and public beaches and parks for persons to sleep on or about public beaches or parks in Monroe County and for persons to consume alcoholic beverages on public beaches and parks in Monroe County, now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Section 1. That Chapter 13, Monroe County Code, be amended by adding Section 13-8 to said Code to read as follows: "Section 13-8 - Sleeping on Public Beaches or Parks. It shall be prohibited for a person to sleep in, on or about any public facility, vehicle or public beach or park in the unincorporated areas of Monroe County between the hours of 9 P.M. and 7 A.M." Section 2. That Chapter 13, Monroe County Code, be amended by adding Section 13-9 to said Code to read as follows: "Section 13-9 - Consumption of Alcoholic Beverages on Public Beaches and Parks. It shall be prohibited for a person in, on or about any public facility, vehicle or public beach or park in the unincorporated areas of Monroe County to consume alcoholic beverages. The prohibitions of consuming alcoholic beverages and sleeping on public beaches and parks can be waived by the Board of County Commissioners of Monroe County, Florida, under certain conditions." Section 3. 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. Sectioll 4. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 5. 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 6. This Ordinance shall take effect innnediately 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 ~~w By MAYOR PRO TEM/VICE CHAIRMAN (SEAL) DANNY L. KOLHAGE, Clerk Attest: ~L~j)~ ERK " ADOPTED: /~-11-~h FILED WITH SECRETARY OF STATE: //-1- r" EFFECTIVE DATE: 1/- (0- y& APPROvr-r) /;8 TO FORM AND Gk Sf~CiE'~~ BY ------.---- ~ J1.tt""J"'I')":'i'-'~ (""', " ,1 _ ,,'..' " ~.. J " - 2 _PROOF OF PUBLICATION • THE FLORIDA KEYS KEYNOTER Published Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF MONROE ) CHARLOTTE SIKORA Before the undersigned authority personally appeared , 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 ADOPTION OF COUNTY ORDINANCE IN THE MATTER OF PROHIBITING SLEEPING &- ALCOHOL -ON--PUBLIC--PROPERTY in the Court, was published in said newspaper in the issues of THURSDAY, SEPTEMBER 1 1 , 1986 OT- PUBL HERIN IIC A GS Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper at Mara- OF CONSIDER ORDINANCE ADOPTIONYpublishedOF COUNTY ORNANE . NOTICE IS HEREBY GIVEN thon, in said Monroe Count Florida, and that the said newspaper has heretofore been continuouslyTO WHOM IT MAY CONCERN Y that on Friday, September 19, 1986 at 3:00 P.M. In Courtroom West S00 Whitehead County,eytr Street, Florida. y . published in said Monroe County, Florida, each week (on Thursday)and has been entered as second the B Monroeoard of.County Commis- sioners of Monroe County,Flori- da,intends to consider the adop- class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one lion of the-following County Or- dinance:' year next preceding the first publication of the attached copy of advertisement; and affiant further AN ORDINANCE PROH B- ITING CERTAIN CONDUCT ON PUBLIC PROPERTY IN says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, com- AREAS t2 OF ATMONROE • -COUNTY• AMENDING CHAPTER 13 OF MONROE mission or refund for the purpose of securingthis advertisement for publication in the said newspaper. COUNTY CODE-BY ADD- ING SECTION-•13-8, PRO- HIBITING SLEEPING -ON PUBLIC BEACHES AND PARKS; AND BY ADDING ---- SECTION 13-9, PROHIBIT- - - - __ ING CONSUMPTION OF ALCOHOLIC. BEVERAGES _ / ON PUBLIC BEACHES �� / �� AND PARKS; PROVIDING• .w _ = ,/� -✓r FOR THE WAIVING OF __(SEAL`)\ - _ SUCH PROHIBITIONS; PROVIDING FOR SEVER- -- - -- ABILITY;PROVIDING FOR' THE REPEAL OF ALL OR- DINANCES INANESR PARTS CON- :SWORN TO AND SUBSCRIBED BEFORE ME THIS FLICT WITH THIS ORDI- NANCE• PROVIDING FOR \ J - .OF INCLUSION PROVIDING ANCES FOF DAY OF A.D. 19 MONROE COUNTY; AND PROVIDING FOR AN EF- FECTIVE i Fursda to Section 286.0105, Florida Statutes, notice IS given that'If a person decided to ap- peal any decision made by the o ROTARY BLIC STATE Of FLORIDA t oa c o sieesid h s c any mats ter ered a at t such hearings or meetings,he will need a rec- NY COMMISSION EXP. AUG 14,198E ord of the proceedings,and that, for such purpose, he may need BONDED THRU GENERAL INS. U410. to ensure that a verbatim record of the proceedings is made, which record includes the testi- mony and evidence upon which the appeal is to be based. DATED at Key West, Florida, this 15th day of August,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 Publish:Sept.11,1986 - Florida Keys Keynoter: • 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 CHARLOTTE SIKORA , who on oath, says that he is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in Monroe County, Florida; tliat the attached copy of advertisement, being a NOTICE TO CONSIDER ORDINANCE —IN THE-MATTER-OF G &:-C ON-SUMP TION—OF ALC-QHOL.LC—BEVERA.GES_ AT_P_ARKSafie" - Court, was published in said newspaper in the issues of Aug. 21 , 1 9 8 6 • NOTICE OF • Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- TO COONSIDEREADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN thon, it.; said Monroe County, Florida, and that the said newspaper has heretofore been continuously TO WHOM IT-MAY CONCERN that on.Friday,.September 19, 1986 at 3:00 P.M. in,Courtroom published in said Monroe County, Florida, each week (on Thursday)and has been entered as second •West,5001Nh MonroeeCountvtr Street,Florida, • the oard of County Commis- sioners;- of -Monroe Coun- class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one tv,Florida intends to consider the adoption of' the .following County Ordinance: - - year next preceding the first publication of the attached copy of advertisement; and affiant further -''ORDINANCE NQ.-1986 AN ORDINANCE PROHIB- says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, corn- ITING CERTAIN CONDUCT ON-PUBLICPROPERTY IN AREAS R OF ATMONROE mission or refund for the purpose of securing this advertisement for publication in the said newspaper. COUNTY,. AMENDING ' CHAPTER 13 OF MONROE COUNTY CODE BY ADD- . ING SECTION 13-8; PRO- _- . HIBITING •SLEEPING'- ON - PUBLIC,- BEACHES AND PARKS;-AND BY ADDING 15NGTICONSUMIPT ONIBOF , ALCOHOLIC BEVERAGES ON PUBLIC BEACHES • • (SE=AL) AND PARKS; WAVIIGO -- - —- SUCH PROHIBITIONS; _ PROVIDING FOR SEVER- . ABILITY PROVIDING FOR , O• SWORN-T 'AN UBSCRIBED BEFORE ME THIS �/ - THE REPEALOF ALL OR- DINANCES OR PARTS OF ORDINANCES IN CON- FLICT WITH THIS ORDI- DAY OF L D• 19 INCLUSION 1NIDTHE CFOR. / MONROEDCOUNTYS AND ./A PROVIDIVE DATER AN EF- - Pursuant to Section 286.0105, Florida Statutes, notice Is given that if a person decided to ma- , peal PUBLIC STATE OF FLOR/DA Board witherespect to anymat- ter considered al such hearings NY CONNISSION EXP. AUG 14,1988 or meetings,he will need a rec- ord of the proceedings,and that BONDED THRU GENERAL INS. UND. • for such purpose, he may need to ensure that a verbatim record of the proceedings Is made, • which record Includes the testi- mony and evidence upon which the aerosol is to be based. DATED at Key West, Florida, this 15th day of August,1984. DANNY L.KOLHAGE Clerk of the Circuit Court of Monroe County,Florida an ex officio Clerk of the Board County Commissioners of Monroe County,Florida Publlsh:Aug.21 1986 FLoride Keys Keynoter , _ 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 CZ.' RAL, en , who on oath says that he is N ', W ' of the Key West Citizen, a daily news- paper published at Key West in Monroe County, Florida; that h attached copy of advertisement, being a ,T bNOTt4EOFP.U,4LICrt • H�EI�R'INGwT9�CONSIDER�-- ADOPT IONtOF - W __Iz' �j�, ;� COUNTY ORDINANCE , 2 NOTICIT PAAYECONCERN that on4 WHOM 1 Friday,SeptemberB19,156a Why+0ep9ead in Courtroomw0 M eoCom Street, Key loride, t, in the matter of j Florida, the Board ofounty moissIoners of Monroe:5.1;cnoet.e:y.,on of theIntends to unfYOrd aOPA011f9.- - _ kORDINANCE N . 1t4 1 AN ORDI CONDUCT RON I PUBLIC 6 CERTAIN COUNTY; I PROPERTY I91NNftT4CsRPORNRO 3 T OF 1 AREAS OF O TER V' (d}i 1 h i AMENDING V' V-l/w�.oO/��►v u , AMENDING CODE BY AD- . DING SECTION 13•II, PROHIBITING qt` SLEEPING ON AND BY ADDING ��p'A pARKS; ANDDPROHIBITING SECTION 13.9, OF ALCOHOLIC Y CONSUMPTION was published in said newspaper in the issl' AND PARKS: PRVERAGES ONOVIDING FORiE WAIVING OF SUCH PROHIBITIONSi 1 PROVIDING FOR THE REPEA�y ALL O DINAN N COR PA_ttit V ORDINANCES ORDINANCE; PROVN THE COF Affiant further says that the said The' ORDINANCES OF MONROE a newspaperpublished at KeyWest, in said 2 COUNTY;AND PROVIDING FOR AN s EFFECTIVE ro to°s:econ 86.010S,Florida 1 and that the said newspaper has heretofore 1 .S'atute5inottcel�9�ey that If mid: lished in said Monroe County, Florida, each + decided t° aril respect .to a"y and has been entered as second class mail mamatter calsldered at such hearings or in KeyWest, in said Monroe County, Florida 1"�tiedin9s aria+dtt�toresuchfpur 'e y ,i procee need to ensure that a year next preceedingthe firstpublication i lf0se, he may I midi I which drecord P ncludei�fhi of advertisement; and affiant further says t] testimony and evideneeupon which the d nor promised any person, firm or corporation' ■p2i►Teo :eKe west, Florida' this commission or refund for the purpose of secu] iSth day 0t gupANN1fL.KOLMAGE 't for publication in the said newspaper. , of iV►ro ro:ounty,Fia and ex officio Clerkoftlie Board of County CommissionersFlorida - _ - p+1� of Monroe County. h. ,. t 7.,i rv: Tiel►t l} . - (SEAL) 2 / SWORN AND SUBSCRIBED-be ore me this C 9 day of ` /�,y 19 C: //S_!zet t,e..44i_-,......_ . COMMISSION EXPIRES.: No 10,1) LIC PS Form 3800, June 1985 *U.S.G.P.O.1985.480.794 o - o 1 o J) 1 cn 0 - 1-3-0 (--0 cn tics) m 3 o 3 m m 2 I--tn (D m N o m v a m M a o m P5 Iv S n0 g 0 y� m m m a I� z m o 2 a1 ., 0 m �a O a o -1 i. 1 -�A oz -I 9c:P: 0 jj m ? (-- .C-\\' --�4e..'A'Ts M N F-i1 �' o Cl, T W mmT n 1�+ T N -z -, w � D� :sr; I•uv % o (D Er .(.. .\... an rn 'aTieLIS :u ®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 willprovideyou 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. 0 Show to whom delivered,date,and addressee's address. 2. 0 Restricted Delivery. y 3.Article Addressed to: 4.Article Number . Mrs. Liz Cloud, Chief P 333 987 266 . Bureau of Admin Code & Laws Type of Service: Department of State ❑ Registered 0 Insured The Capitol Certified 0 COD Tallahassee, FL 32301 Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. 5.Signature—Addressee 8.Addressee's Address,cONL Y if X requested and fce paid..., 6.Signature—Age 7` ~' v is 4 ,— i 7.Date of Delive AE V 1986' w �) 7 ; d 7 J y \..\ ♦.'i J y e. J r PS Form 3811,Feb.1986 D MESTIC•RETURN RECEIPT , 1., PROOF OF PUBLICATION BOX 1197, TAVERNIER, FL. 33070 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authGrity personally appeared DAGNY WOLFF , who on oath, says that he is EDITOR & PUBLISHER of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida; that the attached copy of advertisement, being a LEGAL NOTICE in the newspaper in the issues NOTICE OF PURLIC HElRINGS Court, was published in said of 8-21 & 9-11-86 IN THE MATTER OF 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 newspaper. SWORN TO liTH SEAL ME': THIS , A'D'~'9 86.// J '-~~ -,' ~N6~ARY p~~~_ _____ MY COMM I SS I ON EXP I RES: ~OmY~~BJjC STA1! 0" R'nIUO~ l I.VM SION EXPIRES APR 2 lU1 M5NDm THRU GENERc\l I~JSUR \~~C~ lJ"'IfJ DAY OF SEPT. • NOTICE OF PUBLIC HEARINGS TO CONSIDER ADOPTION OF COUNTY ORDINANCE - NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on'Friday, September 19,1986 at 3:00 P.M.in Courtroom"B",500 Whitehead Street,Key ' West,Monroe County,Florida,the Board of County Commissioners of Monroe , County, Florida, intends to .consider the adoption of the following County • Ordinance: - 1 -ORDINANCE NO. -1986 • ' AN-`-ORDINANCE PROHIBITING CERTAIN CONDUCT ON PUBLIC , PROPERTY.IN UNINCORPORATED AREAS OF MONROE COUNTY; i ' AMENDING CHAPTER 13 OF MONROE COUNTY CODE BY ADDING SECTION 13-8, PROHIBITING SLEEPING ON PUBLIC BEACHES AND - ' PARKS;AND BY ADDING SECTION 13-9,PROHIBITING CONSUMPTION OF. , ALCOHOLIC BEVERAGES ON PUBLIC'BEACHES AND PARKS; PROVIDING,FOR THE WAIVING OF SUCH PROHIBITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR.THE REPEAL. OF ALL ORDINANCES OR PARTS OF ORDINANCES'IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE. CODE-OF • ORDINANCES OF•MONROE COUNTY;.-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 hearing 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 15th day of August,1986. t . DANNY L.KOLHAGE Clerk of the Circuit Court 'of Monroe County,Florida Wand ex officio Clerk of the • • Board of County Commissioners- • NOTICE OF PUBLIC HEARINGS TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday, September 19, 1986 at 3:00 P.M. in Courtroom "B", 500 Whitehead Street, Key West, 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 PROHIBITING CERTAIN CONDUCT ON PUBLIC PROPERTY IN UNINCORPORATED AREAS OF MONROE COUNTY; AMENDING CHAPTER 13 OF MONROE COUNTY CODE BY ADDING SECTION 13-8, PROHIBIT- ING SLEEPING ON PUBLIC BEACHES AND PARKS; AND BY ADDING SECTION 13-9, PROHIBITING CONSUMPTION OF ALCOHOLIC BEVERAGES ON PUBLIC BEACHES AND PARKS; PROVIDING FOR THE WAIVING OF SUCH PROHIBITIONS; PROVIDING FOR SEVER- ABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF MONROE COUNTY; 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 15th day of August, 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) llannp 1.. ltolbagt BRANCH OJ-'FICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. /3051743-9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. /3051294-4641 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. /3051 852-9253 November 4, 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. 036-1986 prohibiting certain conduct on public property in Unincorporated Areas of Monroe County; amending Chapter 13 of Monroe County Code by adding Section 13-8 prohibiting sleeping on public beaches and parks; and by adding Section 13-9 prohibiting consumption of alcoholic beverages on public beaches and parks, etc. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting in formal session on October 17, 1986. Please file for record. Very truly yours, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners /; /' /:i.-?~ &~? '- ./ 1/ -:tL-'f'/' ; '// ,/ By: 17:X<...&:;z. c:7f', ..e. L+'-'" / Rosalie L. Connol Deputy Clerk Enclosure cc: Municipal Code Corp. Sheriff County Attorney County Administrator ~~ic _ wor~s,p~rectol r < , . . '. . c. "" FLDRIDA DEPARTMENT OF Sf ATE George Firestone Secretary of State November 6, 1986 Honorable! Danny L. Kolhage Clerk of Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 !'7 Attention: Rosalie L. Connolly, Deputy Clerk Dear Mr. Ko1hage: <t Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of letter/s of and certified copy/ies of .County Ordinance(s) November 4, 1986 Monroe 86-36 2. Receipt of relative to: (a) County Ordinance(s) which we have numbered (b) - which we have numbered 3. We have filed this/~Rese Ordinance(s) in this office on November 6, 1986. 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Cloud, Chief Administrative Code LCI mb ADRIDA-State of the Arts ACKNOWLEDGMENT — — DATE: November 12, 1986 TO: Monroe County, Florida (Supplement No. 29) We are in receipt of the following material which will be con- sidered for inclusion in the next Supplement to your Code: Ordinance No. 036-1986 Thank you for your assistance and cooperation. to Robert L. Laslie Vice President - Supplements Municipal Code Corporation