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Ordinance 027-1987 John Stormont County Commissioners ORDINANCE NO. 027 -1987 AN ORDINANCE OF MONROE COUNTY, FLORIDA, ADOPTING THE FLORIDA UNIFORM TRAFFIC CONTROL LAW; ADOPTING THE FLORIDA UNIFORM DISPOSITION OF TRAFFIC INFRACTIONS ACT; REPEALING SPECIFIED ORDINANCES; ADOPTING BY REFERENCE PLANNING CRITERIA CONCERNING HANDICAPPED PARKING SPACES; PROVIDING FOR REPEAL OF UNCODIFIED COUNTY PARKING REGULATIONS IN CONFLICT; PROVIDING FOR THE ADOPTION OF A UNIFORM COUNTY TRAFFIC CITATION FOR THOSE COUNTY TRAFFIC ORDINANCES ADOPTED UNDER F.S. 316.008(1); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it was the intent of the Florida Legislature, in adopting the Florida Uniform Traffic Control Law, to make uniform traffic laws to apply throughout the State and its several counties, and uniform traffic ordinances apply in all municipalities, and WHEREAS, Florida Statutes 316.007 provides that it is unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of Florida Statutes Chapter 316, and WHEREAS, Florida Statutes Chapter 316.007 provides for enactment of Ordinances to vest jurisdiction of violation of Chapter 316 in the local court, and WHEREAS, it was the intent of the Florida Legislature, in adopting the "Florida Uniform Disposition of Traffic Infractions Act", to decriminalize certain violations of Florida Statutes Chapter 316, thereby facilitating the implementation of a more uniform and expeditious system for the disposition of traffic infractions, and WHEREAS, Florida Statutes 316.1945 provides that uniform traffic citations may not be issued for violation of a municipal or county parking ordinance, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Florida Uniform Traffic Control Law (Chapter 316 of the Florida Statutes) as existing and as may be amended, is hereby enacted and adopted as the official traffic control law of Monroe County. Section 2. The Florida Uniform Disposition of Traffic Infractions Act (Chapter 318 of the Florida Statutes) as existing and as may be amended, is hereby enacted and adopted as the traffic disposition of infractions law of Monroe County. Section 3. Ordinance No. 3-1974, Section 1, codified as Section 11-1 of the Monroe County Code of Ordinances is hereby repealed. Section 4. Ordinance No. 2-1979, Sections 1 and 2, as amended by Ordinance No. 13-1979, Section 2, and Ordinance No. 12-1980, Section 1, codified as Section 11-2 of the Monroe County Code of Ordinances, is hereby repealed. Section 5. Ordinance No. 2-1982, Section 1 (a) (d), as amended by Ordinance No. 24-1983, Section 1, codified as Section 11-4 of the Monroe County Code of Ordinances, is hereby repealed. Section 6. All other ordinances not codified relating to parking on county roads and streets are hereby repealed by inference. Section 7. Specific adoption for planning purposes of Florida Statutes 316.1955 and 316.1956 is hereby made as to numbers and markings of parking spaces for the handicapped. Section 8. For the purposes of the Monroe County Code of Ordinances Section 11-3, and any other traffic control ordinances to be enacted under the authority of Florida Statutes 316.008(1), a uniform county citation form is hereby adopted. Section 9. 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 10. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. Section 11. 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 12. 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the ~/~ day of ~/J , 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk ";;;;.L 4~ IIJ.~ PASSED AND ADOPTED: 'l-JI- ,? / / FILED WITH SECRETARY OF STATE: 7-;~ 8? . EFFECTIVE DATE: 7 - 2'7 - ~ 1 BY 3 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, July 21, 1987 at 2:00 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. -1987 AN ORDINANCE OF MONROE COUNTY, FLORIDA, ADOPTING THE FLORIDA UNIFORM TRAFFIC CONTROL LAW; ADOPTING THE FLORIDA UNIFORM DISPOSITION OF TRAFFIC INFRACTIONS ACT; REPEALING SPECIFIED ORDINANCES; ADOPTING BY REFERENCE PLANNING CRITERIA CONCERNING HANDICAPPED PARKING SPACES; PROVIDING FOR REPEAL OF UNCODIFIED COUNTY PARKING REGULATIONS IN CONFLICT; PROVIDING FOR THE ADOPTION OF A UNIFORM COUNTY TRAFFIC CITATION FOR THOSE COUNTY TRAFFIC ORDINANCES ADOPTED UNDER F.S. 316.008(1); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; 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 26th day of June, 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 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; that the attached copy of advertisement, being a INTENTION TO CONSIDER ORDINANCE • IN THE MATTER OF FLORIDA UNIFORM TRAFFIC CONTROL _LAW - in the Court, was published in said newspaper in the issues of Jul 8 , 1 5 , 1 9 8 7 NOTICE OF - I INTENTION TO Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- CONSIDER ADOPTION i OF COUNTY ORDINANCE thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously• TO WHOM IHEREBY MAY CONCERN;• that on Tuesday,July 21,1987 at 2:00 P.M.at the Plantation Key; published in said Monroe County, Florida, each week (on Thursday)and has been entered as second KeernrCeentr, Plantaion Key, intends to consider the adoption of the following County Ordi- class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one nance: - ORDINANCE NO.-1987 year next preceding the first publication of the attached copy of advertisement; and affiant further AN ORDINANCE OF MONROE COUNTY, FLORIDA ADOPT- ING THE FLORIDA UNIFORM TRAFFIC: CONTROL' LAW;' says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, corn- ADOPTING THE FLORIDA • UNIFORM DISPOSITION OF; TRAFFIC INFRACTIONS ACT;; mission or refund for the purpose of securing this advertisement for publication in the said newspaper. REPEALINGIN SPECIFIED OR-;, • REFERENCE PLANNING; CRITERIA CONCERNING - HANDICAPPED PARKING; SPACES; PROVIDING FOR REPEAL OF UNCODIFIED' COUNTY PARKING REGULA- TIONS IN CONFLICT• PRO- VIDING FOR THE ADOPTION g./12.--e---/te ; OF A UNIFORM COUNTY (SEAL) �� ��� OSE TRAFFIC COUNTY ORDINANCES ADOPTED; � 7ry// UNDER F.S. 316.008(14 PRO- VIDING FOR SEVERABILITY c1 PROVIDING FOR REPEAL OF SWORN TO AND SUBSCRIBED BEFORE ME THIS I.—, ALL ORDINANCES IN CON- \ ,� •- FLICT•PROVIDING FOR COD-I IFICA ION• AND PROVIDING DA,Y'OF A.D. 19 FOR AN EFFECTIVE DATE. Pursuant Section 2 given _ Q/� Florida Statutes,notice is oiaen �; _.,,, A that if a person decided to the peal any decision made by the _ Board with respect fo any mat- ter considered at such hearings ..1, ,v9'�� �y or meetings,he will need to en- - LT, ., OOLIC STATE OF FLORIDA sure that a verbatim record of the proceedings is made,which — -7 - -'4Y CD IfISSION EXP, record includes the testimony • _ AUG 28,I990 and evidence upon which the ap- ;"CONOEO'TNRU GENERAL INS. ONO, peal is to be based. Copies of the above Ordinance" _ - are available for review at the ------ - - various Monroe County Publici• Libraries. DATED at Key West Florida," this 30th day of June,1487. DANNY L.KOLHAGEI Clerk of Circuit Court` of Monroe Countv,Florida, an ex officio Clerk of Board,County Commissioners! of Monroe County,Florida Publish:July 8 15,1987 Florida Keys Keynoter _ _, ' 974 Retove„, PROOF OF PUBLICATION SERVING THE UPPER KEYS • BOX 1197, TAVERNIER, FL. 33070 STATE OF FLORIDA ) COUNTY OF MONROE ) • Before the undersigned authority personally. appeared DAGNY WOLFF , who on oath, says that he is EDITOR & Pin ISHER of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida; that the attached copy of advertisement, being a LEGAL NOTICE IN THE MATTER OF NOTt QF JNTENTI.QN TO CONSIDER in the Court, was pupis e pin sai newspaper in the issues of 7-2 & 9-87 • Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County___- - NOTICE OFINTENTIONTO Florida, and that the said newspaper has hereto± CONSIDER ADOPTION OF COUNTY ORDINANCE continuously published in the said Monroe Count NOTICE IS HEREBY GIVE TO WHO IT MAY CONCERN that on Tuesday, yl July 21,1987 at 2:00 P.M.at the Plantation Key Government Center,Plantation each week (on Thursday), and has been entered as Key,Monroe County,Florida,the Board of County Commissioners of MonreeY County,Florida,intends to consider the adoption of the following County Ordinan-` class mail matter at the Post Office in Taverniei ee: • y I ORDINANCE NO. -1987 County of Monroe., Florida, for a period of one yj AN'ORDINANCE OF MONROE COUNTY, FLORIDA, ADOPTING THE !! FLORIDA UNIFORM TRAFFIC CONTROL LAW;ADOPTING THE FLORIDA preceding the first publication of the attached 1 UNIFORM DISPOSITION OF TRAFFIC INFRACTIONS ACT; REPEALING SPECIFIED ORDINANCES; ADOPTING BY REFERENCE PLANNING advertisement; and affiant further says that he g CRITERIA CONCERNING HANDICAPPED PARKING SPACES;PROVIDING 1 i FOR REPEAL OF UNCODIFIED COUNTY PARKING REGULATIONS IN paid nor promised any firm, person, or corporatif CONFLICT;PROVIDING FOR THE ADOPTION OF A UNIFORM COUNTY I TRAFFIC CITATION FOR THOSE COUNTY TRAFFIC ORDINANCES discount, rebate, commission Or refund for the p} ADOPTED UNDER F.S. 316.008(1); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; . securing this said advertisement for publication; PROVIDING FOR CODIFICATION;AND PROVIDING FOR AN EFFECTIVE DATE. said newspaper. 4 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 con sidered at such hearings or meetings,he will need a record of the proceedings,and 1 �� i that,for such purpose,he may need to ensure that a verbatim record of the 96; ' proceedings is made;which record includes the testimony and evidence upon which _SEAL ‘Z_+ the appeal is to be based. Copies of the above ordinance are available for review at the various public / libraries in Monroe County,Florida. SWORN TO AND SUBSCRIB BEFORE ME HIS DATED at Key West,Florida,this 26th day of June,1987. - DANNY L.KOLHAGE DAY OF A.D. 1 9 Clerk of the Circuit Court of Monroe County,Florida �„ • - , , _, i and ex officio Clerk of the ti Board of County Commissioners of Monroe County,Florida O ARY PU6LIC - ' -`- ;q• '''o=:'.y Published:712,719187 , MY COMMISSION EXP I RES s VOTARY PUBLIC EXAi£ OF FLORIDA ;';e: al. The Reporter -_-- 1 hY GOh1;133IC-i E>;?. .trr.. 2,1"": j + Tavernier,FL33070 BONDED THRU GENERAL INS. UND, , A . t3 Mill 4, . 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 a,u air o,v , who on oath says that he is • • 1419Vgd-iSi ' YleIcv.etbef 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 . //U/I C C U¢ /9 vvlii a'/ti j NOTICE OF INTENTION S TO CONSIDER ADOPTION OF COUNTY ORDINANCE In the matter Of NOTICE IS HEREBY GIVEN TO { WHOM IT MAY CONCERN that on ' 1 Tuesday, July 21, 1987 at 2:00 P.M. ��Gl�� UIC � �r1/ /4/ x .,.e. ' at the Plantation Key Government ' , Center, Plantation Key, Monroe , County, Florida, the .Board " of County Commissioners of Monroe , _ County, Florida, intends to consider a the adoption of the following County Ordinance: ORDINANCE NO. 1987 was published in said newspaper in the issueAN ORDINANCE OF MONROE, ii COUNTY, FLORIDA, ADOPTING] � 1 J (� 1 f t7p TRAFFICTHE O CONTROL UNIFORM!RIDA L' AW:11 ADOPTING THE FLORIDA Affiant further says that the said The , TRAFF CM INFRACTIONSNACT; a newspaper published at Key West, in said M REPEALING SPECIFIED OR- , • and that the said newspaper has heretofore b, REFERENCE DOwr PLANNING lished in said Monroe County, Florida, each CRITERIA CONCERNING HANNI - 1 and has been entered as second class mail ma; PRCOVIPDINDG FOR I REPEAL OF':e in Key West, in said Monroe County, Florida, UNCODIFIED COUNTY PARKING REGULATIONS IN CONFLICT; year next preceeding the first publication ; pROVIDING FOR THE ADOPTION of advertisement; and affiant further says t TRAFFIC UCTTI rAON FOR THOSE d nor promised any person, firm or corporation' COUNTY TRAFFIC ORDINANCES commission or refund for the purpose of secu1 ADOPTED UNDER F.S.316.0 8(1);FOR ,t PROVIDING for publication in the said newspaper. SEVERABILITY; PROVIDING FOR REPEAL OF ALL OR- ' t, ^„ DINANCES IN CONFLICT; ; ryIt `'�Al'f �'rii7..1� 57�\'L -: r `' -:f. �1 i FOR PROVIDING _.'AND ` _ , 'w cowl• ),-! EXPIRES JURY 27 1°3-i '� i CODIFICATION;_ --(SEAL) - ?[)1,1%,_. GENERAL INSURANC `JNY p PROVIDING FOR AN`EFFECTIVE ; DATE.' 1 Pursuant to .Section` 186.0105, `SWORN AND SUBSCRIBED before me this d� Florida StatuTes,:noticeisgrvenihat a �j�// decision made by the Board With I. / COMMI 1 if a person decided to appeal any , Srespect to any matter considered at — PUSLrC I such hearings record or meetings, rthe iproceedi will i and that, for such purpose, he may , need to-ensure that. a_verba i 1 cB `SENDER: Complete alms 1,2,3 and 4. 1 m Put your address in the"RETURN TO"space on the 3 reverse side. Failure to do this will prevent this card from --- - - - rki being returned to you.The return receipt fee will provide P—6 2 5 8 7 1 7 . you the name of the person delivered to and the date of delivery.For additional fees the following services are k' available.Consult postmaster for fees end check box(es) RECEIPT FOR CERTIFIED MAIL q for service(s)requested. NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL Op 1. 0 Show to whom,date and address of delivery. (See Reverse) W 2. ❑ Restricted Delivery. co Sent to ° Mrs. Liz Cloud, Chief - Streetco and No. 3. Article Addressed to: I ino Bureau of Admin Code & Laws Mrs. Liz Cloud, Chief a P.O..State and ZIP Code ' Bureau of Admin. Code and Laws d Tallahassee, FL 32301 . Department of State • (14 Postage S The Capitol Tallahas.sPP, FL 39301 , Certified Fee. 73 4. Type of Service: Article Number Special Delivery Fee I: Registered 0 Insured P 625 807 177 • certified ❑ COD ❑ Express Mail Restricted Delivery Fee I Always obtain signature of addressee or gent-apt Return Re 1.,ho DATE DELIVERED. C to who ale,Div d rt /5i-; 4° ' mRetur ei s owin°tok, om. 7/� p 5,_Signature—Addressee ,� Date an �r s of Det (_j .. qg X cr, ;1 -. !I g TOT AO stagy'' fie•.'i, S V ' to y 6. SignaturA ir,•' Postma or to_ F-' 23 7. Date of _ .-.---- "'' �' I -m{ r ' _.-�� E `C C 11'II IV `o Z 8. Addressee.s'Ad'dress.(ONLY ifrequested and fee mid) o. 1 n m —I ' i lDannp 1.. kolbagt 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 July 24, 1987 BRANCH OFFICE P,O, BOX 379 PLANTATION KEY. FLORIDA 33070 TEL. (305) 852-9253 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. 027-1987 adopting the Florida Uniform Traffic Control Law; etc. \ This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on July 21, 1987. Please file for record. Very truly yours, Danny L. Ko1hage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners By: Enclosure cc: Municipal Code Corp. Mayor J. Hernandez, Jr. Commissioner W. Freeman Commissioner E. Lytton Commissioner M. Puto Commissioner J. Stormont Sheriff W. Freeman County Attorney ~t~ Administrat-I"lr FLORIDA DEPARTMENT OF STATE George Firestone s", [,I,ll', of Stell> Dorothy W. Joyce Deputv Sec:retary FQr Elections l802-E The Capitol July 28, 1987 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attn: Rosalie L. Connolly, Deputy Clerk f / I 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)Nos. of Section 125.66, Florida July 24, 1987 Monroe 87-25, 87-26 and 87-~7 ') '" . Receipt of relative to: __County Ordinance (s) ( a) which we have numbered (b) which we have numbered 3. We have filed ~~~s/these ordinances in this office on July 27, 1987. 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Cordially, ~~ (Mr~ Liz Cloud, Chief Bureau of Administrative Code LC "rob DIVISION OF ELECTIONS, Room 1801. The Capitol. Tallahassee. Florida 32301