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Ordinance 029-1983ORDINANCE NO. 29 -1983 AN ORDINANCE PERTAINING TO THE USE OF FIREWORKS IN MONROE COUNTY; REGULATING THE USE THEREOF; REQUIRING THE POSTING OF A BOND; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF MONROE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statute 791.02 provides that the Board of County Commissioners shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks by fair associations, amusement parks and other organizations or groups of individuals when such public display is to take place outside of any municipality, and WHEREAS, the County Commission desires to exercise the authority granted it under Chapter 791 of the Florida Statutes to regulate the manner of using fireworks, now, therefore, BE IT RESOLVED BY THE COUNTY COMMISSION OF MONROE COUNTY, FLORIDA, that: 1. A permit for the display of fireworks, as defined under Section 791.01 of the Florida Statutes, shall be first acquired before any such display. 2. All such fireworks shall be supervised at all times by a person trained in pyrotechnics to be approved by the Civil Defense Department and such fireworks shall not be displayed within 100 feet of a building of any sort, nor shall such public display of fireworks be conducted within one-half mile of any hospital, nursing home or nursing care center. 3. Any permit issued shall be for a time not to exceed 4 hours and shall state with certainty on the application where, during what hours and the time the display shall be exhibited. Further rules and regulations where indicated and needed shall be adopted by this Commission on the recommendation of the Public Works Department. 4. As a condition for the issuance of the permit, hereinabove referred to, any applicant shall post with the Clerk of the Court a bond running to this County in a sum not less than $500,000.00 per person or insurance policy wherein the County is named co-insured in the sum of $500,000.00 per person per event for any and all types of liability that shall run to the County. Said policy to be approved by the Monroe County Insurance Department. If a bond is secured, it shall continue for the payment of all damages which may be caused either to a person or to property by reason of the licensee's display and arising from any acts of the licensee, his agents, employees or subcontractors. Also, as a condition for said permit, the applicant, in signing and executing the application, shall so agree to post said bond and in said application it shall be provided that the applicant holds Monroe County harmless from any liability relative to the display of fireworks under said permit and will afford the County a defense to any action. 5. 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. 6. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. 7. 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. 8. 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. (SEAL) Attest: DANNY L. K GE, Clerk I V Xm- L-A-A4J - ,1, C rk D e BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman APPROVED AS TO FOP.M AND 4GAI. SUFF/C/ENCy. sy Attorney's Office NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday, October 28, 1983, at 10:00 A.M. in Courtroom B, Monroe County Courthouse Annex, 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. -1983 AN ORDINANCE PERTAINING TO THE USE OF FIREWORKS IN MONROE COUNTY; REGULATING THE USE THEREOF; REQUIRING THE POSTING OF A BOND; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF MONROE COUNTY, FLORIDA; 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 30th day of September, 1983. RALPH W. WHITE Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) F PROOF OF PUBLIC THE FLORIDA KEYS KEYNOTER Published Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared T11d i th F _ Rr. n111 x , who on oath, says that he is Off ice Manager of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in Monroe County, Florida; that the attached copy of advertisement, being a AdO p•t i.O n .O f C O u n t v. O r d i n a n c e INTHEMATTEROF- Use of fireworks in Monroe 'Co.unt.y. in the newspaper in the issues of Octob Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- thon, -in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each week (on Thursday) and has been entered as second class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one year next preceding 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, com- mission of refund for the purpose of securing this advertisement for publication in the said newspaper. (SEAL)-_ SWORN TO-AKD SUBSCRIBED BEFORE ME THIS DAY OF _ ll� A.D'. 19 (VOTARY PUBLIC ST4TE OF FLORIDA MY COMM 1SS'O-'! F"PIKS MAY'31 1987 BONDED THRI i r. _o Court, was published in said 1, �DAI°ED"at Key West, Florida, this 30th day of September; 1983. RALPH W. WHITE r 'Clerk of the Circuit Court of Monroe County, Florida and -ex officio Clerk , the Board of County_ Commisionr of Monroe County, Florida LSEA ti) n,-t tie. 11.11 Iona PROOF OF PUBLICATION SERVING THE UPPER KEYS BOX 1197, TAVERNIER, FL. 33070 STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared W.B. VIOLFF 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 ADOPTION OF COUNTY ORDINANCE in the Court, was/ub fished in said newspaper in the issues of 10113�83 ADOp'171` Fro YoOC NOTICE IS HE ORDINANCE . Affiant further says that the said REPORTER is I REBYGIVENTOWHOM IT newspaper published at Tavernier, in said Monroe Count ��Octo�r20'WhiteheadStreeAKe w°`trO° B �oe��haconFriday, Annex, 500 ty Commissioners of Y est, Monroe Coun ty Courthouse Florida, and that the said newspaper has heretofore be adoptionofthefollowingCo„ Monroe county, Florida intends Floridoa,theBoardof county Ordinance:consider the continuously published in the said Monroe County, Flo1AN ORDINANCE ORDINANCE NO: _1983 MONROE CO PERTAINING TO THE each week (on Thursday), and has been entered as secol THE POST INGOFAB� REPEAG, TH' USE THEREOF•FIREWORKS REQUIRING ' t PARTS OF ORDINANCES IN CONFLICT AND T I ORDINANCES -OR class mail matter at the Post Office in Tavernier, lrit SEVERABILITY; PROVIDING FOR IN PROVIDING PROVIDING FOR t OR IN p MONROE COUNTY, IN THE' CODE OF C011rity Of Monroe, Florida, for a period of one year n'. EFFECTIVE DATE. FL RIDA; PROVIDING FOR AN preceding the first publication of the attached copy decided su nttoSecti°nz3solos,Fioaaasta advertisement; and affiant further says that he has considered at �h'Y.�� rm 8bhe�n dwithlres. that ifaprson and that, for need a record of theProceedings, Purpose, he paid nor promised any firm person or corporation a t appealgsismade �hic7ir�rdinclud thtestimony andewdencecorfth ensure that a verbatim record of the the appeal is to be upo discount, rebate, commission or refund for the purpo _ KeY es an this30thda yof SePtember, im. securing this said advertisement for publication in , WH said newspaper. Clerk of the CirRALPH WITE cuit0ourt °f Monroe County. Florida �7 ad' ex officio Clerk of the Published:l0/13183 Board of County Commisyionera The Reporter of Monroe, County, Florida Tavernier, FL 33070 SEAL - - SWORN -'TO AND SUBSC I ED BEFORE ME THIS ?� DAY --'OF TOBER A. D . , 19 83 NOTARI�OPal6h��jC state of Florida at Large My, Commission Expires Dec. 26, 1986 MY COMMISSION EXPIRES: 1•b. o r"n, f Maryland PROOF OF PUBLICATION THE KEY WEST Published Daily Key West, Monroe County, Florida 33040 Ile STATE OF FLORIDA) ss. C`?UNTY GF I' ONROE) Before the undersigned authority personally appearell ..........:... BOBBY ADitbAN ....................4....... w',..O on Cite; says that he is ...,...•..•.. .Advesiising Manager ............ I ................. of Thet:ey ? ?s`� C? tize :, a r ' daily newsra.p��r published at Kay ;•lest in 2i(,,nr_oe County; Flor .da; that the attached cOr `7 of •rctvert:� seme-at, being a Ale -/-�CF ©rG IV / in, the 1^cntter of CO SIDERtJ COUNTYORI { NOTICE y /,��%/%%d.� �� �Crl%i✓J O/t!�/�% nl�' 6-; 111� CONCERN R' October 28, � 1 /.t//.J� VSe Off. /"�l/`�C /n• Annex. SOO W Monroe COUI 11W /-1dA/2d C- CO? A1, Cour Corr con! folic 4IRAl r was published in said newspaper _a. the SUS r.eR r,= IfOFlcot I ocr l7 i !3 iOR' A.f.fia.nt further says that the c,'.r Tap�.ey ?+)2st Citis,PR newspaper published at Key West, i_ sa._fi Monroe County, F-L, that the said newspaper has heretofore been continuously pl in said Monroe County, Florida, each day except Saturdays), been entered as second class mail matter at the post office West, in said Monroe County, Florida, for a period of one, preceeding the first publication of the attached copy of a mer.t; and affiant further says that: he has neither paid no, any person., firm or corporation any discount, rebate, Comm'. refund for the purpose of securing this advertisement for in the said newspaper. NOTARY pU3LIC STATE OF FLORIDA .� .. .. . . PAY COPAMISSION EX'I:ES 1ULY 27 1987 (SEAL)GN RtiL IfJSURAf•ICE UNC) I BOLDED 1HRU G- Sworn to and s bscr bed before me this....�G.::.. � day of ...... ., A.D. 19 ......... ............ ..5........... NCE 9EREBY1 IT MAY; r Friday, at.10: 0 room 'courthouse ,ad Street, e Gounty of County ,ENO, —1983 VANCE PER-�-- THE USE OF IN MONROE REGULATING THERF; THE POSTINGEO • t�EPEALING LL OR - ARTS 6N ,COIN- `EWFf1�R l December 22, 1983 OF't14E SN F e p W �Q00 WEI�C FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State Honorable Danny L. Kolhage Clerk of Circuit Court 500 Whitehead Street Key West, Florida 33040 Attention: Ms. Virginia M. Pinder Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: NK/ 1. Receipt of your letter/s of and certified copy/ies of County Ordinance/s No./s December 20 Monroe 83-29 2. Receipt of County Ordinance,/s relative to: — (a) which we have numbered. (b ) which we have numbered 3. We have filed this/these Ordinance/s in this office on December 22, 1983. 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Cordially, (Mrs.Nancy Kavanaugh g Chief, Bureau of Laws FLJORIDA-State of the Arts