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conflict with this Ordinance are hereby repealed to the extent of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
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®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