Ordinance 010-1987
Monroe County Commission
ORDINANCE NO. 010 -1987
AN ORDINANCE AMENDING SECTION 2.1-3, MONROE
COUNTY CODE, IN ORDER TO EXEMPT FROM THE
PROHIBITION ON THE POSSESSION OF OPEN CON-
TAINERS OF ALCOHOLIC BEVERAGES IN CERTAIN
VEHICLES FOR HIRE OR OTHERWISE AVAILABLE FOR
COMPENSATION, OR RECREATIONAL VEHICLES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE;
PROVIDING FOR THE REPEAL OF ALL PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, persons who are passengers in vehicles for hire
pose no threat to themselves or others if they consume alcoholic
beverages while travelling in such vehicles; and
WHEREAS, the purpose of Section 2.1-3, Monroe County Code,
is to protect the health, safety and welfare of the people of
Monroe County; and
WHEREAS, such public purpose is not served by prohibiting
open containers of alcoholic beverages in vehicles for hire; now,
therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
Section 2.1-3, Monroe County Code, is hereby
amended by the addition of the following:
2.l-3(3)(c). The following persons shall not be deemed in
violation of this ordinance: a person who is a passenger in a
vehicle which is held for hire by a business regularly engaged in
the provision of taxicab, limovan or limousine service; a person
who is a passenger in a motor vehicle with a capacity to
transport more than ten passengers, including the driver, which
motor vehicle is regularly engaged in the business of providing
passenger transportation for compensation and is being operated
by a person for compensation; and a person who is a passenger in
a recreational vehicle of the type described in F.S. 320.0l(b)(1)
-(5), as that statute may be amended from time to time.
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 Ordinance 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 4.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said 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
(SEAL)
al.rman
Attest:
L)J~f~J~~
...,..
ADOPTED, I- ~/- f;1
FILED WITH SECRETARY OF STATE: Y-.J?- 8'-~
EFFECTIVE DATE: ~/-- 6J () - ~ '( / I
APPRpVED AS TO FORM
AN i.E~~:4t SUFF/r:!n\'r:~-LJ
\ (flM~~
8Y ___.'
AtMrney's Office .
2
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, April 21, 1987 at 2:00 P.M. at the Elks Club, Tavernier,
Monroe County, Florida, the Board of County Commissioners of
Monroe County, Florida, intends to consider the adoption of the
following County Ordinance:
ORDINANCE NO.
-1987
AN ORDINANCE AMENDING SECTION 2.1-3, MONROE
COUNTY CODE, IN ORDER TO EXEMPT FROM THE
PROHIBITION ON THE POSSESSION OF OPEN CON-
TAINERS OF ALCOHOLIC BEVERAGES ON CERTAIN
VEHICLES FOR HIRE OR OTHERWISE AVAILABLE FOR
COMPENSATION, OR RECREATIONAL VEHICLES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE;
PROVIDING FOR THE REPEAL OF ALL PARTS OF
ORDINANCES IN CONFLICT HEREWITH; 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.
Copies of the above ordinance are available for review at
the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 12th day of March, 1987.
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)
PROOF OF PUBLICATION IIIIFC/�/� O�
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA ) '
COUNTY OF MONROE )
Before the undersigned authority personally appeared CHARLOTTE S IKORA , 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
INTENT TO ADOPT COUNTY ORDINANCE
— --IN-THE-MAT-TER OF- -S-EC T I ON-NO- 7-1-- — - in the
Court, was published in said
newspaper in the issues of Apr i1 8 t 1 9 8 7
NOTICE OF
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- CONSIDERTION TO
ION `
OF COUNTY ORDINANCE I
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN
that on Tuesday, April 21, 1987
at 2:00 P.M. at the Elks Club,
published in said Monroe County, Florida, each week (on Thursday)and has been entered as second Tavernier, Monroe County,
Florida, the Board of County
Commissioners-ut i , Intends too cone
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one elder the adoption of the follow-
ing County Ordinance:
year next preceding the first publication of the attached copy of advertisement; and affiant further ORNDo Nisi E
AN_ORDINANCE AMENDING,
says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, corn- SECTION 2.1-3, MONROE
COUNTY CODE,' IN• ORDER
TO EXEMPT FROM THE
PROS-
mission or refund for the purpose of securing this advertisement for publication in the said newspaper. • PROHIBITIONSSI f PEN THE
ERS OF ALCOHOLIC,BEVER-
'AGES ON CERTAIN VEHI-
CLES FOR HIRE OR OTHER-
WISE AVAILABLE FOR.COM-
PENSATION, OR RECRE-
ATIONAL VEHICLES; PRO-
VIDING FOR SEVERABILITY;I
/ / 1 iJ���� PROVIDINGAIO FOR I R
C P-ilk_/!/ RATION INTO THE MONROE,
COUNTY- CODE• PROVIDING
(SEAL) PARTSHOFRORDINANCES INI
9f/////1 CONFLICT HEREWITH•-AND.
PROVIDING FOR AN EFFEC-
TIVE TO AND SUBSCRIBED BEFORE ME THIS TIVEDATE.
/jrJ Pursuant to Section 286.0105,
Florida Statutes, notice is given:
that if a person decided to ap-!
DAY OF A.D. 19 peal any decision made by the,
-• Board with respect to any mat-I
V�^ %�`/--' `/,'�� ter considered at such hearings
(J� or meetings,he will need a rec-1
ord of the proceedings,and that,
" _ for such purpose, he may need!
--•- - " to ensure that a verbatim record.
:.- NoTART:PUBLIC STATE OF FLORIDA whichof the proceedingso is made,
record includes the test!-
- G_Y uDkNISS201! EXP. AUG 28,1990 mony and evidence upon which
the appeal is to be based.
DOND€D INRU GENERAL INS. UND. Copies of the above ordinance'
are available for review at thel
various public libraries in Mon-
' _ - roe County Florida.
_ ---___--- DATED a{ Key wEst, Florida,
this 12th day of March 1987.
DANNY L.ICOLHAGE
• Clerk of the Circuit court
of Monroe County,Florida
an ex officio Clerk of the
Board,County Commissioners
of Monroe County,Florida
Publish:April 0 1987
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 S IKORA , 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 ORD.
IN THE MATTER OF SECTION 2 . 1-3 in the
Court, was published in said
newspaper in the issues of March 25 1987.
Affiant further says that the said FLORIDA'KEYS.KEYNOTER is a newspaper published at Mara- NOTICE o •
f
INTENTION TO
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuous) CONSIDER ADOPTION
Y OF COUNTY ORDINANCE '
TO WHOM IHEREBY
MAYBCO GERM
published in said Monroe County, Florida, each week (on Thursday)and has been entered as second _I that;on Tuesday, April 21, 19871
I at 2:00 P.M. at the Elks Club,
Tavernier, Monroe County,'
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one Florida, the Board- of County;
Commissioners of Monroe
Countv,Florida,Intends to con-
year next preceding the first publication of the attached copy of advertisement; and affiant further ngCounty0rdiinancethe,folio,?
T. ORDINANCE
No.-1987
says that he has neither paid nor promised any person,firm,or corporation any discount, rebate,,corn- ;' ��"
AN ORDINANCE-AfIMEON II NO i.
SECTION 2.1-3,
ff
mission or refund for the purpose of securingthis advertisement for publication in the said newspaper. COUNTY CODE, IN •ORDER.
TO EXEMPT FROM THE
PROHIBITION ON THE PROS-
SESSIONI.OEtQpPEN CONTAIN-
ERS OFl-.ALCOHOLIC BEVER-
- AGES„ONh CERTAIN VEHI
CLES,EOR'HIRE OR OTHER-1
WIg E-AVAILABLE FORE CM-
s
tPENSATION' OR K.
ATIONALei,VEHICLES;. PRO-24;'�� /1 �^
PROiVIDINGR FORE IRNCORPO= -
(SEAL) RATION.INTO THE MONROE
I COUNTY CODE PROVIDING.
'!//1 PARTS OF ORDINANCES IN
I CONFLICT=•HEREWITH• AND,
SWORN TO AND.SUBSCRIBE BEFORE ME THIS PROVIDING FAR AN EFFEC-,
;i' /� TIVE DATE.
•
DAY-OrJ -: A.D. 19 -'•Pursuant to Section 286.0105.
^ , Flroida Statutes, notice Is given,
that If a Person decided to ap
peal any decision made by the,
/J-' /1 Board with respect to any mat°
.�i�Z L�/h ter considered of such hearinfl
or meetings,he will need.a ree.
_ ~' Est Y PU9;IC_STATE OF FLORIDA ord of the proceedings,and.thet
- HY C0UpI3SI0N EXP. AUG 28,1990 for such.purpose, he may need
to such..nsure:that a e, he im•recor
NONDEA-i8RU'GENUAL INS. UND. • of .the proceedings is'made'd
which record Includes the fesfl
mom/and evidence upon whlc l
- the appeal Is to be based.
arelieeorry Ordinance
Copies for
• various public libraries In Mon-,
roe County Florida.
DATED.af Key wEst, FlroidaE
This 12th DANNYaL March,1987.
Clerk.of the Circuit court,
of Monroe County,Florida
an ex officio Clerk of the
Board,County Commissioners
of Monroe County,Florida
Publish:March 25,1987
-Florida Keys Keynoter 4
Mil
•
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
1 •11--- nn•,y-V1 , who on oath says that he is
(-A9• '� •�_ ^b ((A of the Key West Citizen, a daily news-
paper published at Key West in Monroe County, Florida; that the --
NOTICE OF INTENTION TO
attached copy of advertisement, being a .--- -CONSIDER ADOPTION OF
COUNTY ORDINANCE
\\1L), NOTICE IS HEREBY GIVEN TO
11
WHOM IT MAY CONCERN that.on
} Tuesday,April 21, 1987 at 2:00 P.M.
at the Elks Club,Tavernier,Monroe ,
• County, Florida, the Board of
County Commissioners of Monroe
in the matter of County, Florida, intends to consider
_ the adoption of the following County
__� iCp �C1�� ��� Ordinance:
`M� ordinance no. -1987
AN ORDINANCE AMENDING
SECTION 2.1-3,MONROE COUNTY
CODE, IN ORDER TO EXEMPT
FROM THE PROHIBITION ON
THE POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC
BEVERAGES ON CERTAIN
VEHICLES FOR HIRE OR .
OTHERWISE AVAILABLE FOR
was published in said newspaper in the issues COMPENSATION, OR '
RECREATIONAL VEHICLES;
}/v� (vYfn0 e-5 1CO �r) 1I PROVIDING FOR
11 ` dT 1 ; SEVERABILITY; PROVIDING
FOR INCORPORATION INTO THE
, MONROE COUNTY CODE;
Affiant further says that the said The K; PROVIDING FOR THE REPEAL
OF ALL PARTS OF ORDINANCES
a newspaper published at Key West, in said Mo; IN CONFLICT HEREWITH; AND
and that the said newspaper has heretofore be( PROVIDING FOR AN EFFECTIVE •
lished in said Monroe County, Florida, each di D Pursuant• to Section 286:0105, 1
and has been entered as second class mail matt Florida Statutes,notice is given that 1
if a person decided to appeal any 1
in Key West, in said Monroe County, Florida, f, decision made by the Board with
year next preceeding the first publication of; suchehear ngs oratmeet ngsahe w II 1
of advertisement; and affiant further says tha; need a record of the proceedings,
nor promised any person, firm or corporation al and that, for such purpose, he may
commission or refund for the purpose of securii reed to ehsupe that a verbatim
P P i record of the proceedings is made,
for publication in the said newspaper. , which record inicudes the testimony
• • „ti, ,,ry Jf� and evidence upon which the appeal 1
s-)Al:`LI' ` 9 is to be based.
-7-71 ti _. •c [\n: 2Y i"-uN, Copies of the above ordinacne are-
' ' "' �, available for review at the various f
^�^73+;;_ public libraries in Monroe County,
(SEAL) ~ Florida.
DATED at Key West,Florida,this
12th day of March,1987.
SWORN-ARIDSUBSCRIB D be re me this /tO day • DANNY L.KOLHAGE
Clerk of.the Circuit Court
- d_.,e::it& aJa--/Zr/ I
_ _ of_ Monroe County,Florida
COMMI S S and ez offitio-Clerk Of the
NOTARY BLTC Board of County Commissioners i•
of Monroe County,Florida
1 March 25,April 8,1987
•: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 recei t fee will rovide ou the name of the arson
delivered to and the date of delive . 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.
3.Article Addressed-to:
Mrs. Liz Cloud, Chief 4.Article Number
Bureau of Admin Code & laws P 593 085 097
Department of State Tvpe of Service:
The Capitol Registered 0 Insured
Certified ElCOD '
Tallahassee, FL 32301 Express Mail
Always obtain signature.of addressee or
agent and DATE DELIVERED. '5.Signature—Addressee •
X 8.Addressee's Address(ONLY if
requested and fee paid). •.•
�6/.Sig .rt -qfJn� .- , `s`� yi
,..' --'-. illlIV yr.)),N,
7.Date of Delivery --- , '�A'
•
PS Form 3811,Feb.1986
DOMESTIC RETURN RECEIPT
"PS Form 3800, June 1985 U.S.G.P.O.153-506
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (3051 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. (305) 852-9253
April 27, 1987
,
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. 010-1987 amending Section 2.1-3, Monroe County Code, in
order to exempt from the prohibition on the possession of
open containers of alcoholic beverages in certain vehicles
for hire or otherwise available for compensation, or
recreational vehic1es; etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on April 21, 1987.
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
Enclosure
cc: Municipal Code Corp.
County Attorney
County Administrator
~~~ff
~ep $7 3 o~s- O~ /
Dorothy W. Joyce
D5mth'YW,~~~ff
Deputy Secretary For Elections
l802-E 'lne Capitol
April 30, 1987
Honorable Danny L. Kolhage
Clerk of the Circuit Court
& Ex-Officio Clerk to the BCC
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
~
FLORIDA DEPARTMENT OF STATE
George Firestone
See retdry of State
,
I
I
Dear Mr. Kolhage:
Pursuant to the provISIons of
Statutes, this will acknowledge:
1. Receipt of letter/s of
and certified copyjies of
County Ordinance(s)
Section 125.66, Florida
April 27, 1987
Monroe
#87-9 and #87-10
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
which we have numbered I
3. We have filed t~/these ordinances In this office j
on April 29, 1987.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Cordi~l1y, ~~
(M~ Cloud, Chief
Bureau of Administrative Code
Lei rnb
DIVISION OF ELECTIONS, Room 1801, The Capitol, Tallahassee, Florida 32301
(904) 488-7690
''-,
'''"",,
ACKNOWLEDGMENT
DATE: IVIay 5, 1987
TO: M:nroe County, Florida
(St.wlem:nt No. 31)
We are in receipt of the following material which will be con-
sidered for inclusion in the next Supplement to your Code:
Ordinance Nos. :
009-1987
010-1987
"
Thank you for your assistance and cooperation.
t:n
f-~ fld~
Robert L. Lulie
Vice Preeident . Supplements
Municipal Code Corporation