Ordinance 001-1985County Commission
ORDINANCE NO. 001-1985
AN ORDINANCE OF MONROE COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 20-1980, CODIFIED AS SECTION 19-154
OF ARTICLE VI OF CHAPTER 19 OF THE MONROE COUNTY
CODE OF ORDINANCES AND TITLED "LOBSTER TRAPS, CRAB
TRAPS, FISH TRAPS AND FISH NETS;" PROVIDING FOR A
TEMPORARY SUSPENSION OF THE LEGAL EFFECT OF
SUBSECTION "B" OF SAID ORDINANCE AND THE USES AND
ACTIVITIES PERMITTED UNDER SAID SUBSECTION "B" IN
RU-1, RU-5, AND RU-5P ZONING DISTRICTS FOR A PERIOD
OF TWO (2) YEARS COMMENCING APRIL 29, 1983;
PROVIDING FOR RATIFICATION BY THE BOARD OF COUNTY
COMMISSIONERS OF THE ACTIONS TAKEN BY SAID BOARD OF
COUNTY COMMISSIONERS ON APRIL 29, 1983 IMPOSING A
MORATORIUM ON THE EFFECTIVENESS OF SAID SUBSECTION
"B" FOR A PERIOD OF TWO (2) YEARS BY MOTION AND
UNANIMOUS APPROVAL DATED SAID DATE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE TO THE EXTENT OF ANY SUCH CONFLICT;
PROVIDING FOR INCLUSION OF THIS ORDINANCE IN THE
MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 20-1980, codified as Section 19-154
of the Monroe County Code of Ordinances is the subject matter of
litigation now pending before the Circuit Court of the Sixteenth
Judicial Circuit in Case Number 81-1017-CA-17 captioned
Middle Keys Citizen's Association, et. al. vs. George Dolezal,
et. al. challenging the legality and constitutionality of said
Ordinance, and
WHEREAS, on April 29, 1983, at a regular meeting of the
Board of County Commissioners of Monroe County, Florida, a Motion
was made, seconded and unanimously approved imposing a moratorium
upon and suspending the provisions of subsection "B" of Ordinance
No. 20-1980 for a period of two (2) years commencing said date,
now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
Section 1. (A) Subsection "B" of Ordinance No. 20-1980,
Codified as Subsection (b) of Section 19-154 of Article VI of
Chapter 19 of the Monroe County Code of Ordinances is hereby
suspended and to be of no legal effect for a period of two (2)
years commencing on April 29, 1983, and the uses and activities
described in said subsection "B" on RU-1, RU-5 and RU-5P shall
not, during such time, be permitted uses and activities in such
zoning districts.
(B) No vacant RU-1 property shall be used for
the purpose of constructing new lobster traps, crab traps, fish
traps or fish nets, including new ropes and buoys. It shall c
prohibited to dip, repair or store used lobster traps, crab traps
or fish traps in any RU-1, RU-5 or RU-5P zoning districts.
Section 2. The action taken on April 29, 1983 imposing a
moratorium on and suspending the provisions of said Subsection
"B" of Ordinance No. 20-1980 are hereby approved, reaffirmed and
ratified.
Section 3. 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 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 as set forth hereinabove.
Section 6. 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
llth
day of
January
, 1985.
(SEAL)
Attest :DANNY L. KOLHAGE, Clerk
Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
APPROVED AS TO FORM ,
AND L SUFFICIENCVY
BY
Attorney's Office
2
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Friday, December 14, 1984 at 5:00 P.M. at the Marathon
Sub -Courthouse, Marathon, Monroe County, Florida, and January 11,
1985 at 5:00 P.M. at the Plantation Key Governmental 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. -1984
AN ORDINANCE OF MONROE COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 20-1980, CODIFIED AS SECTION 19-154
OF ARTICLE VI OF CHAPTER 19 OF THE MONROE COUNTY
CODE OF ORDINANCES AND TITLED "LOBSTER TRAPS, CRAB
TRAPS, FISH TRAPS AND FISH NETS;" PROVIDING FOR A
TEMPORARY SUSPENSION OF THE LEGAL EFFECT OF
SUBSECTION "B" OF SAID ORDINANCE AND THE USES AND
ACTIVITIES PERMITTED UNDER SAID SUBSECTION "B" IN
RU-1, RU-5, AND RU-5P ZONING DISTRICTS FOR A PERIOD
OF TWO (2) YEARS COMMENCING APRIL 29, 1983;
PROVIDING FOR RATIFICATION BY THE BOARD OF COUNTY
COMMISSIONERS OF THE ACTIONS TAKEN BY SAID BOARD OF
COUNTY COMMISSIONERS ON APRIL 29, 1983 IMPOSING A
MORATORIUM ON THE EFFECTIVENESS OF SAID SUBSECTION
"B" FOR A PERIOD OF TWO (2) YEARS BY MOTION AND
UNANIMOUS APPROVAL DATED SAID DATE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE TO THE EXTENT OF ANY SUCH CONFLICT;
PROVIDING FOR INCLUSION OF THIS ORDINANCE IN THE
MONROE COUNTY CODE OF ORDINANCES; 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.
DATED at Key West, Florida, this 20th day of November, 1984.
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 PUBLICAJ=
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared R • B • Rutherford who on oath, says
that he, is General 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 CONS IDER ORDINANCE
IN THE MATTER OF AMEND ORDINANCE 0-1980., RA - ion 1 —1 4 in the
Court, was published in said
newspaper in the issues of Nov. 29, Dec. 6. 15
Affiant further says that the said FLORIDA KEYS KEYNOTER is a n
thon, in said Monroe County, Florida, and that the said newspaper has I
published in said Monroe County, Florida, each week (on Thursday) and
class mail matter at the post office in Marathon, in said Monroe County,
year next preceding the first publication of the attached copy of adver
says that he has neither paid nor promised any person, firm, or corporatio
mission or refund for the'purpose of securing this advertisement for public
(SEAL) - -
SWORN TO Sy BED BEFORE ME THIS
DAY OF t=<'/°/ v- A.D. 19 �
IW ,AHY PU�I:-IC STATE OF FLORIDA
CORMISSIOR EXP. AUG 14,198$
anwwn Tuae acw;aeI rus- #.[Xn_
u
S
i
r
PROOF OF PUBLICATION
STATE OF FLORIDA )
COUNTY OF MONROE )
0
SERVING THE UPPER KEYS
BOX 1197, TAVERNIER, FL. 33070
Before the undersigned authority personally appeared DAGNY WOLFF
, who on oath, says that he is EDITOR & PUBLISHER
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 NOTICE OF INTENTION TO CONSIDER
in the Court, was published in said
NOTICE OF INTENTION TO CONSIDER
newspaper in the issues of _�(� Q '�2G R4 ADOPTION OF COUNTY ORDINANCE
�rzTc�1_=--,on
Affiant further says that the said REPORTER is NOTICE IS HEREBY4at5:0VENTOWHOMITMAYCONCERNtse, gar Friday,.
December 14, 1984 at 5:00 P.M. at the Marathon Sub -Courthouse, Marathon,
MonrP.
ey
newspaper published at Tavernier, in said Monroe Coun. Governmental
lanand anon Key,
y, Moor a County,
ty, Florida,he the
of
P Governmental Center, Plantation Ke ,Monroe County, Flida, the Board of
Florida and that the said has heretofore b(- County Commissioners of Monroe County, Florida, intends to consider the
, newspaper er I� P adoption of the following County Ordinance:
continuously published in the said Monroe County, Flo]. ORDINANCENO. -1984
each week (on Thursday) , and has been entered as secor 'AN ORDINANCE OF MONROE COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 20-1980, CODIFIED AS SECTION 19-154 OF ARTICLE VI
class mail matter at the Post Office in Tavernier, in' OF CHAPTER 19OFTHE MONROE COUNTY CODE.OFORDINANCES AND
TITLED "LOBSTER TRAPS,,CRAB TRAPS, FISH TRAPS AND FISH NETS;"
County Of Monroe, Florida, for a period of one year ne PROVIDING FOR ATEMPORARY SUSPENSION OF THE LEGAL EFFECT
OF SUBSECTION "B" OF SAID ORDINANCE AND THE USES AND
preceding the first publication Of the attached copy O; ACTIVITIES PERMITTED UNDER:SAID SUBSECTION "B" IN RU-1, RU-5,
D RU-5P ZONING DISTRICTS -FOR A PERIOD OF TWO. (2) YEARS
advertisement; and affiant further says that he has nl NCINGAPRIL29,1983;PROVIDING FOR RATIFIGATIONBYTHE
COMMISSIONERS
THE ACTIONS TAKEN BY SAID
BOARD �e COUNTY CO
paid nor promised any firm, person, Or corporation aril BOARD OF COUNTY COMMISSIONERS' ON APRIL.29, 1983 IMPOSING A
I MORATORIUM ON THE EFFECTIVENESS OF SAID SUBSECTION "B" FOR
discount, rebate, commission Or refund for the purposi AP -dODOT TWO (2) YEARS BYMOTIONAND UNANIMOUS APPROVAL
PED SAID DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCE OR- THE -ES E ORDINANCES IN
securing this said advertisement for publication in t
CONFLICT WITH THIS. ORDINANCE TO THE EXTENT OF ANY. SUCH
CONFLICT; PROVIDING FOR INCLUSION OF -THIS ORDINANCE IN THE,
said newspaper.
' MONROE COUNTY CODE_. OF ORDINANCES; AND. PROVIDING FOR AN
EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person
o
= decided to appeal any decision made by the Board with respect to any matter
lm
SEAL _ considered at such hearings or meetings, he will need a record of the. proceedings,.
13TH and that, for such purpose, he may need to ensure that a verbatim re�ord'of the
SWORN' -TO A S U B S C R I B D BEFORE - M E THIS proceedings is made, which record includes the testimony and evidence upon which
` J — the appeal is to be based.
DATED at Key West, Florida, the 20th day of November,1984.
DAY OF n C r — A. D., 1 9 DANNY-L- KOLIIAGE
_ Clerk of the Circuit Court
of Monroe County, Florida
_ and ex officio Clerk of the
�_,,,,.... Nd RBoard of County Commissioners
— r
of Monroe County, Florida
OTA�{�'4�$',��ja� �C�STATE OF FLORIDA _
Published:11129 & 1216184
]41Y COM/vi15510N EXPIRES APR 2 1987
MY COMMISSION EXPIRES: —. - The Reporter �r
� Tavernier, FL 33070
., NOTICE
in2.aNTENTION•TO
n
THE KEY WEST CITIZEN '[DER ADOPTION
OF.000NTY OR-
DINANCE -
Published Daily . GIVEN TO ISHEREBY
BIT
MAY CONCERN that on
Friday, December 14,
5-00
Key West, Monroe County, Florida 33040 Ma atrathoonn P.M. at the'
MaSub-
Marathon, I
Monroe County, Florida,
and January '11, 1985 at
5-00 P•M at the Plan -
STATE OF FLORIDA) tation Key Governmental .
Center, Plantation Key,
g g . Monroe County, Florida; .
the: Board of County
COUNTY OF MONROE) Commissioners of,
'Monroe County, Florida,
intends .,to consider the
adoption of the following
County Ordinance
efore the undersiged authority personally appeared....�MONROEI"COUN of
FLORIDA,=.AMENDING
/ ORDINANCE NO. 20-
i a1Zk�0��/ 1980, CODIFIED AS
who On Oath says that he is . ....:SECTION 19.154 OF
ARTICLE, VI CHAPTER-19 OF THE
OF
Of the Rey West Citizen, a daily nMONROE COUNTY
1 " « 1YlsllYrfc CODE OF ORDINANCES
-AND TITLED "LOB.
paper published at Key West in Monroe County, FlOrlda; that' TRAPS,T APS` TRB
RAPS
AND -..FISH _NETS;"
attached copy of advertisement, being a TEMPOIRARYOR A
r SUSPENSION OF THE
LEGAL EFFECT OF
`SUBSECTION" "B" OF
�IhL41i Oj �ye � �� SAID ORDINANCE
THE USES '.AND AC•
TIVITIES PERMITTED
-UNDER'. SAJD. -;SUB-
-SECTin the matter Of -RU-5, ONAN IN U-5P
R.U•5,,�• AND., R.U•SP
ZOppNIEENRRG DbIISTRI**CT.FOR.
PROVtD.ING FOR
//L" AA D I RATIFICATION BY THE.
BOARD OF COUNTY
i;COMMISSI:ONER Q'E'
THE ACTIONS TAKEN
BY SAID BOARD OF
COUNTY . COM-
:MISSIONERS ON APRIL
�`MORATOR UM ON THE
I`EFFECTIVENE5S OF
? u, $AID, SUBSECTION "B"'
FOR A -PER IOD OF TWO
was published in said newspaper in the issues of -2 YEPR-RS LBYY MOTION
NO UNANIMOUS
APPROVAL ODATED,
SAID DATE
PRVIDIN.G.• FOR
SEVERABILITY; •
PROVIDING •FOR THE .
REPEAL- OF ALL, OR-
Affiant further says that the said The Key West Citizel DINANCES OR PARTS
,OF ORDINANCES' IN
a newspaper published at Key West, in said Monroe County, F1 CONFLICT
ONFLI CE' WITH-
THIS
and that the said newspaper has heretofore been continuousl' EXTENT OF -ANY SUCH
- lished in ;said-gonroe County,- Florida, each dayp CONFLICT
(eXCe t''S�dt.CLUSIO.N PROVIDING.-FOR
RTH S
and has been entered as second class mail matter at the PoS'ORDINANCE IN. THE
MONROE'COUNTY
n Key West, in said Monroe County, Florida, for a period o:-CODE OF, OR' -
year nett preceedin the first DINANCES; AND
g publication of the attached PROVIDING. FOR .AN
of advertisement; and affiant further says that he has' neit.E,FFEC.: , DATE
nor promised any person, firm or corporation any discount Pursuant` to •Sectih6
286 Olin, Florida Statutes,, -
commission or refund for the purpose of securing this adver.. notice is giV,en that if
person -decided to appeal
for publication in the said newspaper. any decision made by the
Board with respect to any
matter considered at Such
hearings or meetings, he'
rt CMG ID,a��(� i, will need a record of the
proceedings, and that, for-
_ P j i 2-7 IDS' s such ur ose, he _ may
�6EAL) �» J need to ensure. that a-
;: • ..` "'� r IJ<.^ verbatim record of the
proceedings is made,. -
which record includes the
SAIIORN_ A' -SUBSCRIBED efore me this /e;� day of f testimony and evidence
r upon which the appeal is
to be based.,
DATED. at Key West,'
COMMISSION EXPIRES l' Florida this 20th day of
Novembee:, 1984..
NU7 PUBLIC .DANNY L' KOLHAGE
Clerk of the;Circuit�Court-,
of Monroe z.Count.Y, y
Florida and, ex offic,o
Clerk of. the Board `'of
County. Commissioners of
Monroe County, Florida
Nov, 26, Dec. 6;1,9,84.v:;.
1
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
TDannp I. Rotbage
CLERK OF THE CIRCUIT COURT
16TH JUDICIAL CIRCUIT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
RECORDER TEL. (305) 294-4641
COLLECTOR OF DELINQUENT TAXES
January 18, 1985
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
COUNTY CLERK
COUNTY AUDITOR
The Board of County Commissioners at a regular meeting in formal
session on January 11, 1985 adopted Ordinance No. 001-1985.
Enclosed please find a certified copy of this Ordinance.
Please file for record.
/rls
Enclosure
cc: Municipal Code Corp.
County Attorney
Planning & Zoning
i,,Fi le
Very truly yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of County Commissioners
b y �
Deputy y Clerk
of tNE sr,r,
3 521� o
< - a
V •lam
. /NCOD Vp� .
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
January 25, 1985
Honorable Danny L. Kolhage
Clerk of Circuit Court
and Ex Officio Clerk
Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Dear Mr. Kolhage:
Pursuant to the provisions of Section 12S.66, Florida
Statutes, this will acknowledge:
1. Receipt of your letter/s of January 18, 1985
and certified copy/ies of Monroe County
Ordinance Nos. 85-1 and 85-2
LC/
2.
Receipt of
relative to:
(a)
(b)
which we have numbered
which we have numbered
County Ordinance/s
3. We have filed this/these Ordinance(s) in this office
on January 25, 198S.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Cordially,
(Mrs.) Li Cloud, Chief
Bureau of Administrative Code
and Laws
FLORIDA-State of the Arts