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Ordinance 033-1987 County Attorney's Office ORDINANCE NO. 033 -1987 AN ORDINANCE AMENDING SUBSECTION (b) OF SECTION 13-45, MONROE COUNTY CODE, FURTHER DEFINING THE TERM "MOTORIZED VEHICLES"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Subsection (b) of Section 13-45 of the Monroe County Code is hereby amended to read as follows: "(b) Recreational motorized vehicles operating off public right-of-way. No person shall operate or cause to be operated any motorized vehicle off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of section 13-44. This paragraph shall apply to all motorized vehicles, whether or not duly licensed and registered, including, but not limited to, commercial or non-commercial racing vehicles, motorcycles, go-carts, amphibious craft, campers, power boats, jet ski or engine powered water craft." 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. 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 All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the Ift~ day of At.! ~1I6t BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA , A.D., 1987. (SEAL) Attest: DANNY L. KOLHAGE, Clerk ~a1"~HJM ADOPTED: <l-I ~~ t1 FILED WITH SECRETARY OF STATE: 'liJl- fJ 7 ~-J.'1-~7 EFFECTIVE DATE: APPROVED AS TO FORM AND LEGAl. SUFFICIENCY. BY 2 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, August 18, 1987 at 2:00 P.M. at 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. -1987 AN ORDINANCE AMENDING SUBSECTION (b) OF SECTION 13-45, MONROE COUNTY CODE, FURTHER DEFINING THE TERM "MOTORIZED VEHICLES"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR REPEAL OF ALL ORDINANCES OR 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 23rd day of July, 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 - 3 ' 7 THE FLORIDA KEYS KEYNOTER Published Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA 1 COUNTY OF MONROE 1 Before the undersigned authority personally appeared CHARLOTTE S I K 0 RA , who on oath, says that he is S AL E S 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 OF ORDINANCE r.)N•THErMATTEROF AMEND ,SUBSECTION B SE.CT. __13-45 --- in the Court, was published in said riewspaper:u1 the issues of August 5 , 1 2 , 1 9 8 7 • '. NOTICE.OF Affiant,farther says.that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- CO_INTENTION SIDER A OPTTTION � _ OF COUNTY.ORDINANCE 'Ilion, in said Monroe County, Florida, that the said newspaper has heretofore been continuouslyNOTICE -15I HEREBY ERN' TO WHOM IT.MAY CONCERN that on Tuesday,August 18, 1987 _ , at 2.00-'P.M.at.Courtroom U,500 -published=in said Monroe County, Florida, each week (on Thursday)andhasbeen entered td as second Whitehead .Street, Key. West, Board Monroe County, Florida, the Boar Bod of County Commissioners of Monroe County, Florida, in- -__class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one tends to consider the adoption of the following County Ordinance: c� ORDINANCE, ,.- year next-preceding the first publication-of the attached copy of advertisement; and affiant further NO:-1987 ",. . AN ORDINANCE AMENDING• . says that he has neither paid nor promised anyperson,firm,or corporation anydiscount, rebate, com- 13-45EctIVONROE�-F` COUNTY y p p CODE;'FUR;WER.DEF_INING THE TERMr•+ MOTORIZED VEHICLES 1PROVIDING-FOR mission of refund for the purpose of securingthis advertisement for publication in the said newspaper. SEVERABILIF-W PRO,V,IDING - FOR INCLUSION, IN.- THE MONROE.r COUNTY CODE OF ORDINANCES; PROVIDING• •FORM REPEAL OF ALL' • NANCES OR PARTS OF ORDI- ----- ^ � NANCES 7N CONFLICT' //y/(// HEREWITH;AND PROVIDING FOr2,AN E F(ECTI V E.DATE. �liC� Pursuant to Section 286.0105,' • Florida.Statutes, notice is given (SEAL) • !half a person decided to an- SWORN TO--AN%S/IJBSCRIBED B FORE ME THIS ntereapconsi-any dered decisioatn msuchade byhearings the 1� Board with respect to any mat- or meetings,he will need a rec- for of the proceedings,etline and that, ._,,i•{ /�� for such purpose, he may need .U`�1 'A.D. 19� of ensure that a ings is record DAY-.OF of the proceedings is made, /,_• which record includes the testi _ _ �: / 3'-//� 'the a and evidence upon which! ��//(� .��iZZ.� the appeal is a above based. ^),k �r. ./J/f� Copies of the above ordinance --, -� / are)available for review at the -� various public libraries in Mon-' - _ t. l?yG7 roe County,Florida, 11RY pygl.IC DATED at Key West, Florida, ' �Y"CGHFISSION.STATE tin; FLGRIDp this 23rd day of July,1987. 1 DANNY L.1987. E Exp. Clerk of the Circuit Court 1 !. = .,_ ., -iHRU GER Rqf AIG 28'1990 of an ex Monroe Clerk Florida I NS, UHD, Board,County Commissioners 1 of Monroe County,Florida) publish:Aug.5 12,1987 Florida Keys keynoter • • • 1 . • 1.1 . . . . , . _ __ • ., • 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 , ie L, p_I(S6U , who on oath says that he is f-DU- Vt 1-3-`U-A_6 e (Z 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 ---- 1 L cy19-1_ jJ0T( C( ': NOTICE OF INTENTION TO CONSIOER ADOPTION ' OF COUNTY ORDINANCE----,`. NOTICE IS HEREBY GIVEN TO WHOM IT MAY, CONCERN that on in the matter of Tuesday, August 18, 1987 at. 2:00 i P.M.at Couryroom B,500 Whitehead PerT-t C L O t ( u�-1-1Y-1 d 10 I Street, Key West, Monroe County, Florida,. theBoard of County C o S °If 2 A-p 0p-n ZS N 0 - COO iJ t O(2.0 I N Commissionrs of Monroe County, Florida, intends to• consider the , adoption of the following county �(U�(2(ZC^[� �L- (-� lC LDS • Ordinance: , ORDINANCE NO- -1987• AN ORDINANCE AMENDING ; SUBSECTION (b) OF SECTION 13- 45,. MONROE COUNTY CODE, FURTHER DEFINING THE TERM"MOTORIZED VEHICLES"; ', was published in said newspaper in the issues of PROVIDING FOR SEV.ERABILITY; PROVIDING 7 UL4 a71 U6. 3) `s-f7 HE ' MONROE COUNTY CODET OF 1 ORDINANCES; PROVIDING FOR Affiant further says that the said The KeyWei REPEAL OF FALL ORDINANCES y i OR PARTS. OF ORDINANCES IN a newspaper published at Key West, in said Monroe ( CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE and that the said newspaper has heretofore been col DATE. lished in said Monroe County, Florida, each day (e:__ Pursuant, to Section ,286.0105, any Florida Statues,- tiice is given that and has been entered as second class mail matter ai if.a person decided to app in Key West, in said Monroe County, Florida, for a decision made by the Board .with respect to any. matter considered at year next preceeding the first publication of the such hearings or meetings, he"will of advertisement; and affiant further says that he I need a record of the •proceedings, nor promised any person, firm or corporation any d3 and that, for such purpose, he may I need, to ensure that a ,verbatim commission or refund for the purpose of securing tr record of the proceedings is made,. for ublication in the said newspaper. Fp which record inclu.des'the testimony p._ k 'and evidence upon which tie appeal - - is to be based. Copies of the above ordinance are = ' available for review at the various , public libraries in.Monroe County, ,- (SkAL)- i _ • _ I f'Florida: DATED at y West,Florida,.this � - ( 23rd day of July,1987. - - pANNY L.KOLHAGE ` = SWORN1A D SUBSCRIBED before me this 7day of ClerkoftheCircuitCourt - —� = of Monroe County,Florida / COMMISSION E! andexofficioClerkofthe /�. Board of County Commissioners NOT C of Monroe County,Florida July 27,Aug.3,1987 _ Jam_ _._ ___ . -74 Rezol7e/t PROOF OF PUBLICATION SERVING THE UPPER KEYS • BOX 1197, TAVERNIER, FL . 33070 STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared T}AGNY WOLFF , who on oath, says that he is EDITOR; ° PUBLI3F1 R 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 in the Court, was pub is a in sai —-- I NOTICE OF INTENTION TO newspaper in the issues of 7-30 R, 8-6-87 I CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICF�I$ JE EBY GIVEN TO WHOM IT MAY CONCERN that on Tuesd Affiant further says that the said REPORTER is Angustia,1987at2:00P.M.atCourtroomB,500Whitehead5treet,KeyWe Monroe County,Florida,the Board of County Commissioners of Monroe Count newspaper published at Tavernier, in said Monroe Couni Florida,intends to consider the adoption of the following County Ordinance: Florida, and that the said newspaper has heretofore bi ORDINANCE NO. -1987 continuously published in the said Monroe County, Flo: AN_ORDINANCE AMENDING SUBSECTION (b) OF SECTION 13 MONROE COUNTY CODE,FURTHER DEFINING THE TERM"MOTORIZI each week (On Thursday), and has been entered as seco! VEHICLES"; PROVIDING FOR SEVERABILITY; PROVIDING F( INCLUSION IN THE MONROE COUNTY CODE OF ORDINANCE class mail matter at the Post Office in Tavernier, in' PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS C I ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR A County of Monroe, Florida, for a period of one year n EFFECTIVEDATE. preceding the first publication of the attached copy Pursuant to Section 286.0105,Florida Statutes,notice is given that ifapetty decided to appeal any decision made by the Board with respect to any matt advertisement; and affiant further says that he has n considered at such hearings or meetings,he will need a record of the proceedinE and that,for such purpose,he may nc,ed to ensure that a verbatim record of t paid nor promised any firm, person, or corporation an proceedemgsiappeal is stomadebe ,wehich based: record incl:Ldes the testimony and evidenceupon whi, th discount, rebate, commission or refund for the purpo ic libraries inof Monroethe above Countyordnan,Florieda.are available for review at the various publ securing this said advertisement for publication in I DATED at Key West,Florida,this 23rd day ofJuly,1987. . said newspaper. DANNYL.KOLHAG p,,, Clerk of the Circuit Con / of Monroe County,Floric 0and ex officio Clerk of ti �.�,� Board of County Commissioner • of Monroe County,Floric SEAL Published:7/30,8/6/87 Tavernier SWORN TO AND SUBSC IBED BEFORE ME THIS 6TH The r - ,F FL 33070_ - - - -.-- - DAY OF -AUGUST_ A D. . 1 9 • �� OTARY PUBLac_ .----- MY COMMISSION EXPIRES NOTARY PUBLIC STATE OF FLORIDA • c tlY COMMISSION EXP. APR. 2,1991 I BONDED THRU GENERAL Inns. UND. , V e • • • SENDER: Complete items-1,2,3 and 4. C Put your address in the"RETURN TO"space on the P-6 2 5 807 181 a reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee will provide RECEIPT FOR CERTIFIED MAIL you the name of the person delivered to and the date of NO INSURANCE COVERAGE PROVIDED delivery.For additional fees the following services are NOT FOR INTERNATIONAL MAIL c available.Consult postmaster for fees and check box(es) (See Reverse) <' for services)requested. • 0 Sent to p2o 1. ❑ Show to whom,date and atldress of delivery. T Mrs. Liz Cloud, Chief W in treat and No. 1 4. 2. 0 Restricted Delivery. ' Bureau of Admin Code & Laws a P.O. to and ZIP Cod. cm 3. Article Addr ed to..: a Tallahassee, FL 32301 Mrs. Liz Cloud, Chief t Postage • s Bureau of Admin Code and Laws " : • Department-of STate Certified Fee • The Capitol Special Delivery Fee /, Tallahassee, FL 32301 , 1- 4. Type of Services. Article Number Restricted De r . 0 Registered 0 Insured Certified ❑ COD P 625 807 181 Return RecH'5 rrP 0 Express Mail to whom an,, �� -7() r 8 Return Rece s wing to who L/ Always obtain signature of addressee or agent and • Dale.and Ad s,t p•i . �' DATE DELIVERED. TOTAL Postage a =r ees S CD p 5. Signature-Addresse T-,,,:„......::::17....:1:_.,..t....:.p Postmark or Date - / m 6. S' nature- nt 1',,-r7. Date of Del``iv--eryl j 1 y/� \ \ / a ---- • - - - z 8. Addressee's Address(0 Y if regt2"tee'as fEe id) 33 m n . m v 1!\annp JL. 1&olbagt 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 August 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. 033-1987 amending Subsection (b) of Section 13-45 of the Monroe County Code, further defining the term "motorized vehicles"~ etc. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on August 18, 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. Commissioner E. Lytton Sheriff W. Freeman ~ty Attorney flo"Z- ~orr \'7\ FLORIDA DEPARTMENT OF Sf ATE Jim Smith Secretary 01 State Dorothy W. Joyce Division Director August 28, 1987 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 I Attention: Rosalie L. Connolly, Deputy Clerk Dear Mr. Kolhage: i -I 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) August 24, 1987 Monroe 87-7.Q) R7-3J, 87-32 and S7-aa 2. Receipt of relative to: County Ordinance(s) (a) ,.#"'- which we have numbered (b) which we have numbered 3. We have filed ~i&/these ordinances in this office on August 27, 1987. 4. The original/duplicate copylies showing the filing date t is/are being returned for your records. S~~relY~ L~d, Chief . Bureau of Administrative'Code LCI mb DIVISION OF ELECTIONS, Room 1801, The Capitol, Tallahassee, Florida 32301 ~904) 4Q8.7690 _...._______..__._.___.'.~._..,M_-.m.- -~~------_."-- ACKNoWLEDGMENT DATE: TO: september 1, 1987 \Vbnroe CQ\IDty, Florida (supplement No. 32) We are in receipt of the following material which will be con- sidered for lnclusion in the next Supplement to your Code: ordinance Nos. 030-87, 031-87, 032-87, 033-87, 029--1987 Thank you for your assistance and cooperation. tZ~ fAL PI Robert L. Lulie Vice President. Supplements I Municipal Code Corporation I