Ordinance 007-1977
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ORDINANCE NO. 7 - 1977
AN EMERGENCY ORDINANCE AMENDING MONROE COUNTY
ORDINANCE NO. 23 - 1976, "THE SAME BEING AN
ORDINANCE PROHIBITING HITCHHIKING WITHIN THE
UNINCORPORATED AREA OF MONROE COUNTY, FLORIDA".
WHEREAS, on the 24th day of March A.D. 1977, Monroe County
Ordinance No. 23 - 1976 was declared unconstitutional by a Court of
competent jurisdiction in Monroe County, iFlorida, and
WHEREAS, it now appearing to the Board of County Commissioners
that under the law, said ruling of unconstitutionality applies only
to a portion of Monroe County, Florida so that now the provisions of
said ordinance are not uniformly applied throughout all of the unin-
corporated areas of Monroe County, Florida, and
WHEREAS, it is the Board's intent that said ordinance apply
equally to all persons in Monroe County in a uniform manner irrespec-
tive of the location of the offense or that said ordinance failing
in uniform application be not applied at all, and
WHEREAS, said circumstances set forth above evidence that
an emergency exists so that the immediate enactment of an amendatory
ordinance be done, now therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Monroe County Ordinance No. 23 -
1976 be and the same is hereby amended to read as follows:
"section 1. Effective March 28, 1977, it shall be unlawful
for any person to stand or position himself upon any county, state
or federal street, highway or road right-of-way lying within the
unincorporated areas of Monroe County, Florida and hitchhike,
solicit or attempt to solicit a ride from the driver of any vehicle.
As used herein the term "hitchhike , solicit
or attempt to solicit a ride from the driver of any vehicle" shall
mean: any overt act on the part of an individual indicating that he
or she is seeking to have a passing vehicle stop for the purpose
of obtaining a ride from the driver thereof.
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The phrase "overt act" as used herein shall be limited
to include the waving of one or both arms or jesturing with the arms
or hands or body in such a manner so as to attract the attention of
passing motorists in an attempt to have them stop their vehicle and
give said person a ride. The overt act shall also include the wearing
or use of signs large enough to be read by passing motorists indicating
that said individual wishes to be transported. No other "overt acts"
shall constitute an element of this offense.
Only the person or persons exhibiting said overt act
shall be in violation of this ordinance and said ordinance shall not
apply to any person merely because he or she happens to be present
near the person who is exhibiting the overt act.
This or dinance shall not apply to instances involving
a disabled vehicle which due to mechanical or other reason is
incapable of operation in a safe manner, where the driver of said
vehicle exits the vehicle and either lifts the hood or places a hand-
kerchief or rag or similar distress signal on said vehicle indicating
that said vehicle is disabled. Nor shall said ordinance apply if said
driver of said disabled vehicle hitchhikes, solicits or attempts to soli-
cit assistance from passing motorists so long as he shall do so in the
immediate twenty (20) foot vicinity of the disabled vehicle.
This ordinance shall likewise not apply to any
instance of valid public or private emergency wherein the health,
safety and physical safety of a person is in jeopardy and said
person is in immediate need of medical attention, police or fire
protection."
Section 2. That Section 2 of Monroe County Ordinance No. 23 -
1976 be and the same is hereby amended to read as follows:
"Section 2. That notice shall be posted at or near the
Monroe-Dade County line, in the unincorporated area of Key Largo,
Plantation Key, Islamorada, Marathon, Big pine Key, Boca Chica and
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at the beginning of the unincorporated portion of Stock Island,
Monroe County, Florida, that hitchhiking is prohibited in the
unincorporated area of Monroe County, Florida. That with the
exception of the notice posted at the Dade - Monroe County line and
the notice posted at Stock Island, all said notices shall have said
notice posted on both sides of said notice. All the notices shall
be posted prior to March 28, 1977."
Section 3. That Section 3 of Monroe County Ordinance No. 23 _
1976 be and the same is hereby amended to read as follows:
"Section 3. All special laws, ordinances, resolutions, rules
and regulations in conflict herewith are hereby repealed to the extent
of said conflict. That if any sentence, clause or portion of this
ordinance shall be declared invalid, then the remaining portion of
this ordinance shall be deemed to survive in full force and effect
to the extent possible by law."
Section 4. That Section 4 of Monroe County Ordinance No. 23 _
1976 be and the same is hereby amended to read as follows:
"Section 4. Violations of Section 1 of the ordinance shall
be prosecuted in a County Court by the prosecuting attorney thereof,
and upon conviction, 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 said fine or imprisonment."
Section 5. This ordinance shall take effect when a certified
copy of this ordinance has been accepted by the postal authorities
of the government of the United States for special delivery by
registered mail to the Secretary of State of the State of Florida
in accordance with Florida Statute 125.66 (3).
I HEREBY CERTIfY that this dor.ument has
.een reviewed for legal SLlfficioncy and
content and that the same lReets with my
approval ~ 5h I~
RlOIAID G. PAYNE
Alst. c.ty Attorney
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STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
SECRETARY OF STATE
MARY L. SINGLETON
Director, Division of Elections
904/488-7690
BRUCE A. SMATHERS
March 22, 1977
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
Key West, Florida 33040
A ttention: Virginia Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge your letter of March 17 and
certified copy of Monroe County Emergency Ordinance No. 77-7,
which was received and filed in this office on March 22, 1977.
Kindest regards.
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