Ordinance 002-2000
Board of County Commissioners
FILED FOR RECORD
00 JAN 27 PH '3: 16
ORDINANCE NO 02 -2000
OAru.~~~ OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
MON~ 'jV\OiIDA, REVISING SEC. 13.5-3. HIGGS BEACH COUNTY PARK
REG l(jf.JS~ PROVIDING FOR A CHANGE IN PARK OPENING HOURS AND
AllOWING RESIDENTS TO HAVE ACCESS TO BEACH PROPERTY AFTER CLOSING
HOURS; 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 Friends of Higgs Beach Committee met on November 30. 1999, and determined
that problems involving the homeless, misuse of facilities. security, trash and human waste needed to
be addressed through placement of an additional Sheriff's deputy to be assigned to the beach and
to have a neighborhood crime watch; and
WH EREAS. crime watch members need to have access to beach and park grounds after
hours to provide additional eyes for the beach security officers and Sheriff's deputy; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1.
That Sec. 13.5-3(e) shall be revised to read as follows:
Park To Be Closed During Certain Hours: Higgs Beach County Park shall be closed
during the hours of 11 :00 pm to 6:00 am, except that the fenced, gated. and posted
area of Higgs Beach County Park shall be closed from sunset to 6:00 am, No person,
other than a member of the Higgs Beach Neighborhood Watch, shall enter or remain
at County Park or the fenced, gated, and posted area during the hours they are
closed. This section shall have no application to persons traveling upon Atlantic Blvd.
between White Street and Reynolds Street. The "Higgs Beach Neighborhood Watch"
referenced in this Ordinance is a not-for-profit community association whose
membership is comprised of residents of the area bounded on the East by Bertha
Street. on the North by United Street. and on the West by Simonton Street. in the City
of Key West, who have undertaken to report promptly to the Sheriff any crimes or
violations of this Ordinance observed by them while in the Park. The Sheriff shall
maintain a current membership roll of the Higgs Beach Neighborhood Watch.
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.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 4.
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 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 19th day of January, 2000,
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
/~r,''''...:Gorrmissioner George Neugent
.",.;' . . Comfn.issioner Mary Kay Reich
~. . . Commissioner Nora Williams
,.," fS'EAL)
'A'ttest: DANNY .L: KOLHAGE, Clerk
'a~
yes
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF M~70E,C~UNTY, FLORIDA
y, t t/ _ C
C)~J~~
By
Mayor/C alrperson
jordvhiggsreg
No.9558100 •
THE NOTICE OF INTENTION
,:fo Your Upper Keys Connection TO CONSIDER THE
,, PORTER ADOPTION OFA
f t COUNTY ORDINANCE
NOTICE IS HEREBY
P.O. Box 1197•Tavernier,Florida 33070-1197 GIVEN TO WHOM IT
(305)852-3216 Fax: (305)852-8240 MAY CONCERN that on
Wednesday,January
19,2000,at 3:00 PM at
.the Harvey Center-Tru-
man School;1200 Trum-
PROOF OF PUBLICATION man Avenue,Key West,
Monroe County,Florida,
the Board of County
Commissioners of Mon-
STATE OF FLORIDA roe County,Florida in-
COUNTY OF MONROE tends to consider the
adoption of the following
County ordinance:
Before the undersigned authority AN ORDINANCE OF •
THE BOARD OF COUN-
personally appeared DONNA STUTTS, TYCOMMISSIONERS
who on oath, says that she is PUBLISHER .OF MONROE COUNTY,
FLORIDA,REVISING '
of THE REPORTER, a weekly newspaper SEC.13.5-3,HIGGS
entitled to publish legal advertising ,BEACH COUNTY REG-
ULATIONS,at Tavernier, Monroe County, ING FO A CHANGE ING FORA CHANGE IN
Florida: that the attached copy of PARK OPENING
advertisement beingLEGAL NOTICE in HOURSANDALLOW-
a ' ING RESIDENTS TO,
said newspaper in the issue of: HAVE ACCESS TO
BEACH PROERTYAF-
TER CLOSING HOURS;
December 30, 1999 & January 6, 2000 PROVIDING FORSEV-
ERABILITY;PROVID-
ING FOR THE REPEAL
Affiant further says that THE REPORTER OFALL ORDINANCES
INCONSISTENT HERE-
is a newspaper published at Tavernier, in ,.WITH;PROVIDING FOR
said Monroe County, Florida, and that the INCORPORATION
INTO THE MONROE
said newspaper has heretofore been COUNTY CODE OF OR-
continuously published in the said DINANCES;AND PRO-
Monroe County Florida, each week (on DIDINGANEFFECTIVE
`y DATE.
Thursday), and has been entered as Pursuant to Section • ,
second class mail matter at the Post 286.0105,Florida
Statutes,notice is given
Office in Tavernier, in said County of that if a person decides to
Monroe, Florida, for a period of one year appeal any decision
made by the Board with
next preceding the first publication of the respect to any matter .
attached copy of advertisement; and considered at the hear-
, ing,•he will need a record
affiant further says that he has neither of the proceedings,and
paid nor promised any firm, person, or that,for such purpose,he
-may-need to entire that'•
corporation any discount, rebate, a verbatim record Of the
commission or refund for the purpose of 'd proceedings is made, •
securing this advertisement for :i testim:;:ord includes the
publication in the said newspaper and that upon °`i h and evidence
�,-upon which the appeal is -
The Reporter is in full compliance with .to be based.
p p 'Copies of the above-ref-
Chapter 50 of the Florida State Statutes on erenced ordinance are
Legal and Official Advertisements. available for review at the
various public libraries in
Monroe County,Florida.
Dated at Key West,this
10th day of December,
1999. ,Al-,10
DANNY L.KOLHAGE,
Clerk of the Circuit Court
Sworn to and scribed before:te lfli1s30JNOW , and ex officio Clerk of the,
6th Day of January, 2000 `3 8I3 'V l0 - Board of County ,
39V I110 VI t ANN`J O Monroe County,Florida
(SEAL) s oc Anna M Hines 'PUBLISHED:12/30/99
•&1/6/00
My Commie ? d4 gZ �3�00 The Reporter
) resM.rch 3 002 Tavernier,FL 33070
14033 0.:; Q3j1.:1
Notary f
l0
mom=FLORIPA IiET3i
KEYNOTER dki,....„,„,„,. O .2... ZO od
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
ORDINANCES; AND PROVID-
ING AN EFFECTIVE DATE.
•
Before the undersigned authority person- Flosda t toSestinotce is0giv
ally appeared TOM SCHUMAKER who onen
teat if a person decides to ap-
peal any decision made by the
Board with respect to an mat-
oath, says that he is PUBLISHER of the ter considered at the hearing,he
FLORIDA KEYS KEYNOTER, a twice will need a record of the pro-
ceedings,and that,for such pur-
pose, he may need to ensure
weekly newspaper published in Marathon, no.9638100 •
that a verbatim record of the
proceedings is made,which re-
in Monroe County, Florida: that the cord includes the testimony and
NOTICE OF INTENTION TO evidence upon which the appeal
attached copy of advertisement was CONSIDER ADOPTION OF is to be based..
COUNTY ORDINANCE
published in said newspaper in the issues Copies of the above-referenced
NOTICE IS HEREBY GIVEN TO ordinance are available for re-
of: (date(s) of publication) WHOM IT MAY CONCERN that view at the various public librar-
on Wednesday, January 19, ies in Monroe County,Florida.
2000,at 3:00 PM at the Harvey -
Center-Truman School, 1200 Dated at Key Wesmt,Florida,thi
December 31, 1999 s
Truman Avenue, �Key West, 10th day of Deceber,1999.
Monroe County, Florida, the
Board of County Commission- DANNYL.KOLHAGE,
ers of Monroe County, Florida, Clerk of the Circuit Court
intends to consider the adop- and ex officio Clerk of the Board
January 8, 2000 tion bf the following County or- of County Commissioners of
dinance: - Monroe County,Florida
AN ORDINANCE OF THE Publish December 31,1999.
Affiant further says that the said FLORIDA BOARD OF SIONERS OF MONRRIDA, OE
ETY OCOUIN- Florida Ke8ys Keynoter
KEYSKEYS KEYNOTER is a newspaper published 13.5-3 HIGGS BEACH COUN-
at Marathon, in said Monroe County, I V DIINGPARK
FOR A A CHANGER IN
Florida, and that the said newspaper has PARK OPENING HOURS AND
ALLOWING RESIDENTS TO
HAVE ACCESS TO BEACH
heretofore been continuously published in : PROPERTY AFTER CLOSING •
' HOURS;PROVIDING FOR SEV-
said Monroe County, Florida, twice each ALL O
ERABILITY;
L OF IDINGFOR
week (on Wednesday and Saturday) and HNANCES EREWITH; PROVIDINGOINCONSISTENT
FOR
has been entered as a second class mail INCORPORATION INTO THE
matter at the post office in Marathon, in Continued on the _
Next Column
Monroe County, Florida, for a period of - ---
one year next preceding the first
publication of the attached copy of
advertisement. The affiant further says
that he has neither paid nor promised any
person, firm, or corporation any discount,
rebate, commission or refund for the a � '
purpose of securing this advertisement for o�r� .-t.
publication in the said newspaper(s) and r71 _: w
that The Florida Keys Keynoter is in full cam• r- N -71
compliance with Chapter 50 of the Florida ='=-
State Statutes on Le al and Offi i I —1�r— =o
:. <. .— rn
Adve • nts, -rr- > tO , c)
r- cr,
L. rn o '
C7
d.,....,Z
Sworn to and su c ibed bef re me
this/040 Day of _ , 2000
(SEAL) •
(/G`"(�U�! 6A0‘......'
.t Fla BEMy ccstY YRA�EL$
• My Carom rV•9/t72ao3
Notary No.CC t 70942
., ; K Mom. [1 O8is ID.
g(Q3
frlg ; KEOVI ti'I'
i:. 11.,,, !7:i‘;:ig )
1 L:
ITIZFN
3420 Northside Drive Key West Fl. 33040 Office 305-294-6641 Fax 305-294-0768
Published Daily
Key West,Monroe County,Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, whp on oath
says that he is director of the Advertising Department of the Key West Citizjii; aaile
newspaper published in Key West, in Monroe County, Florida; that the atta opytgf
r- - r-r,
I d�vertisement, being a le 1 notice in the matt r of ,., � z c3
--3 1 . '
Iivthe Court, was published in said newspaper in theS i s v =o
Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County, Floridaeach day (except Saturdays) and
has been entered as second-class mail matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceeding the first publication of
the attached copy of advertisement ; and affiant further says that he has neither paid nor
promised any person , firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for public 'on in the 1 spaper.
•
Signature of Affian
Sworn and subscribed before me this 3 day of r A.J2k, 1999.
JANrOMETIET) 0
\O- 1)75,PWO.
� 4 2000 Signature of Notary Public
00111111111111rr4/
_�_ = . 4g SSIO47;!...e i
.VO \> 11, Oi
.� �o �po9�o
Expires: Oct. 11, 2002 Ig4�ti13'� i® w o*
Personally Known Produced Identification #CC782583 r'o¢
Type of Identification Produced e�•.ToeandedthN��e•oQ�
��i,iAA':..T:as off. < '''
/49/%11111190A0O\!``
•
•
NOTICE OF INTENTION TO CON-
•SIDER ADOPTION OF COUNTY
_ ORDINANCE-
NOTICE IS=••HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, January 19, 2000 at
3:00'PM at the Harvey Center-Tru-
man School, 1200 Truman Avenue,
• 'Monroe County, Florida. The Board
of County Commissioners of Monroe
. County intends to consider the,adop-
• tion of 'the following County ordi-
' nance:
AN ORDINANCE OF THE BOARD
• OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA, RE-,
VISING SEC.-13.5-3,.HIGGS ; .,
-•, BEACH COUNTY PARK-REGULA-.• .
TIONS,PROVIDING FOR A '
' • CHANGE IN PARK OPENING
t•-' 1. HOURSAND ALLOWING RESI-
DENTS TO HAVE ACCESS TO
BEACH PROPERTY AFTER CLO-
SONG HOURS;'PROVIDING FOR
SEVERABILITY;PROVIDING FOR
THE-REPEAL-0E.ALL ORDINAN- '
• CES INCONSISTENT HEREWITH;—
' • PROVIDING FOR INCORPORA- L
TION INTO THE MONROE COUN-
TY CODE OF ORDINANCES;AND
PROVIDING AN EFFECTIVE DATE.
Pursuant,to Section 286.0105, Flori-
' da Statutes notice is 'given-that if a-
person decides to appeal any deci
sion made by the Board with-respect
to any matter considered et the hear-
ing,
he will need a record of the pro- .,
ceedings,.and that for such purpose,
he may need to ensure that a verba-
tim record of the proceedings is''
made,which record includes the evi-
dence upon which'the appeal is to-
, be based.
I. Copies of the above-referenced ordi- •
nance are available for review at the
various public libraries, in Monroe
County,Florida.
Dated at.Key West,.Florida,this 10th
day of December 1999.
DANNYL.KOLHAGE,Clerk of the
_Circuit.Court_and_exofficio_Clerk_of i.
the Board of County Commissioners
of Monroe
Dec.31st,1999&Jan.7,0001orida.
'� .,:i `"`� t,. KE\ XVES'['
{' fi ITI7FN
3420 Northside Drive Key West Fl. 33040 Office 305-294-6641 Fax 305-294-0768
Published Daily
Key west,Monroe County,Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is director of the Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
advertisement, being a legal notice in the matter of
-In-the Court-was-pubiishedin-said-newspaper in the issues of
Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida each day (except Saturdays) and
has been entered as second-class mail matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceeding the first publication of
the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate, commission or refund for
the purpose of securing this advertisement for publication in the ' newspaper.
Signature o
g Affiant
Sworn and subscribed before me this �2day of , 2000
-ofNotary Pub r =: r---
• C3 - "...1a
. •�M1s51QN`--: -.s rn
Expires: Oct. 11, 2002 ' Lr� §'oco% �. o
Personally Known x Produced Identification T : �.® N a,
•
Type of Identification Produced = •o,: #CC782584 r
,e, •,oy ndedih e:epQ4
9,,,4 *. ain-in ura..',,
,171(1111 IIIII.Off`\\\
NOTIt::E OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO "
WHOM IT MAY CONCERN that on
Wednesday, January 19, 2000 at
3:00 PM at the Harvey Center=Tru- •
man School, 1200 Truman Avenue,
Monroe County, Florida. The Board
of County Commissioners of Monroe
County intends to consider the adop-
tion of the following .County ordi-
nance:
•
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF '
MONROE COUNTY,FLORIDA, RE-
VISING SEC. 13.5-3,HIGGS
BEACH COUNTY PARK REGULA- -
TIONS,PROVIDING FOR A
CHANGE IN PARK OPENING
HOURSAND ALLOWING RESI-
DENTS TO HAVE ACCESS TO - -
' BEACH PROPERTY AFTER CLO-
SONG HOURS; 'PROVIDING FOR
SEVERABILITY;PROVIDING FOR
THE REPEAL OF ALL ORDINAN-
• CES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORA- • - .
TION INTO THE MONROE COUN-
TY CODE OF ORDINANCES;AND
PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Flori-
da Statutes notice is-given that`if
.person'decides to appeal any deci- •.
sion made by the Board with respect
to any matter considered at the hear-
ing, he will need a record of the pro- -
ceedings; and that for such purpose,
he may need to ensure that a verba-
tim record of the proceedings is
made,which record includes the evi-
dence upon which the appeal is to
be based.
Copies of the above-referenced ordi-
nance are available for review atthe
various public libraries in Monroe
• County,Florida.
Dated at Key West, Florida,this 10th
day of December 1999. -
•
DANNY L.KOLHAGE,Clerk of the
• •, Circuit Court and ex-officio Clerk of ` •
• - -the Board of County Commissioners _ __
---of-Monroe-County,-FFforida. '
Dec.31st, 1999&Jan.7,2000
J)annp 1.. f{olbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF lHE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL (305) 852-7145
FAX (305) 852-7146
January 27, 2000
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Dear Mrs, Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 001-2000 Extending the one cent Infrastructure Sales Tax, otherwise due to
expire in 2004, through December 31, 2018~ Providing that the infrastructure tax proceeds may
be spent on certain capital projects with a life expectancy of five years or more as well as any
public purpose~ Providing that such extension is only effective if approved by the County
Electorate voting in the March 14, 2000 Primary~ Providing for notification to the Florida
Department of Revenue if the tax is approved by the Electorate~ 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.
Ordinance No. 002-2000 Revising Sec, 13.5-3, Higgs Beach County Park Regulations,
Providing for a change in park opening hours and allowing residents to have access to beach
property after closing hours~ Providing for Severabi1ity~ Providing for the repeal of all Ordinances
inconsistent herewith~ Providing for incorporation into the Monroe County Code of Ordinances~
and Providing an effective date.
Ordinance No. 003-2000 Amending Section 3-15(2), Monroe County Code, in order to
clarify that animals determined to be adoptable may be kept at the shelter in excess of five days~
Providing however that such animals must be neutered and the fee charged to the person adopting
the animal or, if animal's owner claims it after five days then the owner will be charged the
neutering fee in lieu of the boarding fees~ 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.
Ordinance No. 004-2000 Adoption of an Ordinance providing for definitions; Providing that
the owner of an on-site sewage treatment and disposal system must connect to a sewerage
system within 30 days of notification from the owner of the sewerage system that the system is
available; Authorizing payment of connection fees over a two year period, or over a five year
period if certain hardship conditions are met; Providing for 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,
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on January 19, 2000. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by:
Cc: Board of County Commissioners
County Administrator 001-2000
County Attorney
Growth Management 004-2000
Municipal Code Corporation
Public Works 002-2000, 003-2000
Supervisor of Elections 001-2000
File
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE 'THE.
Office of the Secretary 'N = HISTORIC PRESERVATION BOARDS
, � Historic Florida Keys Preservation Board
Division of Administrative Services Historic Palm Beach County Preservation Board
Division of Corporations `+ '
Division of Cultural Affairs ?3,�.,r ns; "=—;: Historic Pensacola Preservation Board
Historic St.Augustine Preservation Board
Division of Elections �
Historic Tallahassee Preservation Board
Division of Historical Resources
Division of Library and Information Services !lV -4'',;;t� ' , Historic Tampa/Hillsborough County
Division of Licensing COD WE Preservation Board
RINGLING MUSEUM OF ART
MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
February 2, 2000
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
your letter of January 27, 2000 and certified copies of Monroe County Ordinance
Nos. 01-2000 through 04-2000,which were filed in this office on February 1, 2000.
Sincerely,
esLtota
Liz Cloud, hief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE -
The Elliot Building • 401 South Monroe Street • Tallahassee,Florida 32399-0250 • (850)488-8427
FAX: (850)488-7869 • WWW Address: http://www.dos.state.fl.us • E-Mail: election@mail.dos.statefl.us