Ordinance 020-2004
ORDINANCE NO.
020 -2004
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, DECLARING THAT AN EMERGENCY EXISTS
AND WAIVING NOTICE BY A FOUR-FIFTHS VOTE; CREATING SECTION 19-
102.5 OF THE MONROE COUNTY CODE TO PROHIBIT PERSONS FROM
CAMPING ON COUNTY OWNED PROPERTY; PROVIDING FOR
EXCEPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board finds that there are no facilities to accommodate camping in an
orderly fashion on County owned property; and
WHEREAS, the Board finds that the practice of camping on County owned property
without appropriate facilities creates a sanitary nuisance as well as a threat to the safety and
welfare of persons desiring to enjoy the use of County owned facilities; and
WHEREAS, the Board finds that a ban on camping on County owned property would
promote the health, safety and welfare of the citizens of Monroe County and visitors; and
WHEREAS, the Board finds that the current use of certain County owned facilities as
make-shift camp sites constitutes an emergency and danger to the health, safety, and
welfare of the residents of and visitors to Monroe County; and
WHEREAS, the Board finds that the County, in cooperation with others, is in the
process of establishing a "safe zone" where homeless persons will be permitted to engage in
life sustaining activities without fear of arrest; and
WHEREAS, the U.S. Circuit Court of Appeals for the 11th Circuit, in Joel v. Orlando,
232 F.3d 1343 (11th Cir. 2000), has upheld the practice of prohibiting camping on public
property provided that adequate provisions are made to provide a safe zone for homeless
individuals to engage in life sustaining activities without fear of arrest; and
WHEREAS, the Board finds that it is undesirable for any person - homeless or
otherwise - to camp on County owned property within the boundaries of Monroe County, and
WHEREAS, section 19-102 of the Monroe County Code already prohibits camping on
certain County maintained rights-of-way during the hours of 11 p.m until 6 a.m.; and
WHEREAS, it is the desire of the Monroe County Board of County Commissioners that
the following amendment to the County Code be approved, adopted, and transmitted to the
Department of State for approval on an emergency basis.
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
Section 1. An emergency is hereby declared and notice waived by a four-fifths vote.
Section 2. That section 19-102.5 is hereby created to read as follows:
Sec. 19-102.5
No Camping on County Property
(a) Definitions. For the purposes of this section,
(1) Camp or camping means to pitch or occupy a tent or other temporary shelter for
sleeping or other habitation purposes. Camping may include the use of camping
equipment.
(2) Camping equipment includes, but is not limited to, tarpaulins, cots, beds,
sleeping bags, boxes or cartons, and portable stoves or other cooking paraphernalia
but not barbecue grills provided by the County.
(3) County owned property means any property owned and/or managed by the
Board of County Commissioners of Monroe County, Florida, as well as property owned
and/or managed in its capacity as the Monroe County Comprehensive Plan Land
Authority regardless of whether said property is located in the unincorporated portion
of Monroe County or within the territorial limits of any municipality within Monroe
Cou nty.
(4) Safe Zone means a facility designated by the Board and/or by the governing
body of any municipality within Monroe County where homeless persons can engage
in life sustaining activities free from the threat of arrest.
(b) Prohibition. No person shall camp on County owned property. The mere act of a
person sleeping in a public place is not alone sufficient to constitute a violation of this section,
unless at least one indicium of camping exists.
(1) Before making an arrest under this section, a law enforcement officer must first
inquire of a person accused of violating the ordinance whether that person is
homeless.
(2) Before a person claiming to be homeless may be arrested under this section, a
law enforcement officer must first advise said person of the availability of a safe zone
and afford the person the option of relocation to a safe zone in lieu of arrest.
(c) Personal property. In the event a person is arrested under this section, the arresting
officer shall use reasonable efforts to identify and preserve the personal property of the
person.
(d) Penalty. A violation of this section shall be punished by a fine not to exceed $500.00
or by imprisonment in the county jail not to exceed 60 days or by both such fine and
imprisonment.
(e) Exceptions. This section does not apply to:
(1) conduct prohibited by Section 19-102;
(2) any facility, site, or location designated by resolution or ordinance of the Board;
and
(3) the use of a beach umbrella or similar equipment used to provide temporary
shade on a beach during daytime hours of operation for that facility.
Section 3. If any section, subsection, sentence, clause, item, change, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected
by such invalidity.
Section 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 when a certified copy of this ordinance has
been accepted by the postal authorities of the United States for special delivery
by registered mail to the Secretary of State of the State of Florida in accordance
with the provisions of Florida statute 125.66(3).
PASSED AND ADOPTED by a four fifths vote of the Board of County Commissioners
of Monroe County, Florida at a . meeting held on this 6 th day of July, A.D., 2004.
Special
Mayor Murray Nelson Yes
Mayor Pro Tem David Rice YeR
Commissioner Charles "Sonny" McCoy Yes
Commissioner George Neugent Yes
Commissioner Dixie Spehar Yes
ByJlMc, M)~
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~h~~
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
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BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
July 8, 2004
Department of State, Bureau of Administrative Code
The Collins Building
107 West Gaines Street, Suite L43
Tallahassee, Florida 32399-0250
Dear Ms. Cloud:
Certified Mail Receipt #70033110000346215604
Please be advised that at a Special Meeting in formal session on July 6, 2004 the Board of
County Commissioners of Monroe County adopted the following Ordinance:
Ordinance No. 020-2004 declaring that an emergency exists and waiving notice by a
four-fifths vote; creating section 19-102.5 of the Monroe County Code to prohibit persons from
camping on County owned property; providing for exceptions; providing for enforcement and
penalties; providing for severability; providing for repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of Ordinances; and providing an
effective date.
Attached hereto is a certified copy of the subject Ordinance for your handling. Should
you have any questions concerning the above, please do not hesitate to contact this office.
Very truly yours,
Danny L. Kolhage
Clerk of Court and ex-officio Clerk to the
Board of County Commissioners
BY:~(~~ C. ~\j~
,
Isabel C. DeSantis, Deputy Clerk
cc:
Municipal Code Corporation
Key West Police Department
Monroe County Sheriff
Monroe County Commission
Public Works Director
County Administrator
Key West City Manager
. County Attorney
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
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item 4 if Restricted Delivery is desired. X GRACIE PENTO; Agent
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so that we_can return the card to you. B. Received by(Printed Name) C. ea e'. %elivery
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or on the front if space permits.
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: 1 1 No
Department of State JUG 1 9 ?n04
Bureau of Administrative Code
The Collins Building
107 West Gaines Street, Suite L43
Tallahassee, Florida 32399-0250 3. ce Type
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❑Registered ❑Return Receipt for Merchandise
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2. Article Numbrfrom _service label)(Transfer from 7003 3110 I7003 4621 5604`
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PS F,.orm 3i811,February 2004. Domestic Return Receipt 102595-02-M-1540'.
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Box No. Tat- GP- -L--323-1-64235
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PS Form 3800,June 2002 See Reverse for Instructions
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. ature
item 4 if Restricted Delivery is desired. f� f,� II A ent
■'Print your name and address on the reverse )C �'' -F1 1'�i'S3/rj1 it ressee
so that we can return the card to you. B, Vecei by WN mei- C. Date I elivery
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D. Is delivery a s ' from itemYes
1. Article Addressed to: If YES,enter delivery address below: ❑No
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--- — Municipal Code Corporation
P. O. Box 2235
Tallahassee, FL 32316-2235
3. Service Type
❑siertified Mail ❑Express Mail
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4. Restricted Delivery?(Extra Fee) ❑Yes.
'2..Article Number ,
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li pis Form 3811,February 2004 Domestic Return Receipt 102595-o2-M-154o
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
July 15, 2004
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letters dated July 9, 2004 and certified copies of Monroe County Ordinance
Nos. 01IA-2004, 015-2004, 019-2004 and 020-2004, which were filed in this office on
July 12,2004.
Sincerely,
~~~
Liz Cloud
Program Administrator
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DSTATE LIBRARY OF FLORIDA
R.A. Gray Building. Tallahassee. Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TOD: (850) 922-4085 . http://www.dos.state.fl.us
DLEGISLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES DFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
DADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
Email Confirmation
Page 1 of 2
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Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316-2235
850-576-3171
Monroe County, FL Code of Ordinances -1979(11270)
Supplement 85
Recorded: 7/15/2004 7:09:20 AM
We have received the following material through Hard Copy.
Document Adoption Description
Ordinance No. 015-2004 6/16/2004 Amending Chap. 5.5, Boats, Docks and Waterways, to
delete Sec. 5.5-1 (I)the definition of a "No Anchor Zone", to
create the definition Sec. 5.5-1 (k) of a "Motorboat" .
Ordinance No. 020-2004 7/6/2004 Declaring an emergency exists and waiving notice by a four-
fifths vote, creating Sec. 19-102.5, to prohibit persons from
camping on county owned property.
Ordinance No. 022-2004 7/14/2004 Correcting Monroe County Code of Ordinances referring to
repealed statutes and County Ordinances.
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http://intranet. municode.comIB IS/Recording/acknow ledgePrint.asp?j obid=26490&print=tr... 7/29/2004