Ordinance 021-1976 •
ORDINANCE NO. 21_1976
AN ORDINANCE AMENDING MONROE COUNTY ORDINANCE
NO . 5-1975 , THE SAME BEING ENTITLED, "AN ORDI-
NANCE PERTAINING TO MONROE COUNTY, FLORIDA, RE-
LATING TO BLASTING, BLASTING SITES , USE AND
STORAGE OF EXPLOSIVES AND BLASTING AGENTS ; PRO-
VIDING FOR EXCEPTIONS , AND DEFINITIONS ; REQUIRING
AND REGULATING PERMITS FOR SUCH TO BE ISSUED BY
THE VEHICLE AND MAINTENANCE SUPERVISOR UPON APPLI-
CATION; PROVIDING FOR APPEALS FROM SUCH VEHICLE
AND MAINTENANCE SUPERVISOR' S DECISIONS ; REGULA-
TING THE QUANTITIES OF EXPLOSIVES ; REQUIRING
STOLEN EXPLOSIVES TO BE REPORTED; REGULATING PER-
SONS OBTAINING PERMITS ; REGULATING SALES OF
EXPLOSIVES ; REQUIRING REPORTING OF EXPLOSIVE IN-
VENTORY; REGULATING STORAGE OF EXPLOSIVES AND
USE AND HANDLING THEREOF; REGULATING BLASTING
AGENTS AND PARTICLE VELOCITY; REQUIRING THE KEEP-
ING OF BLASTING RECORDS ; AND PRESCRIBING PENALTIES
FOR VIOLATIONS OF THE CHAPTER AS WELL AS STATE
LAW AND REGULATIONS PERTAINING TO THIS SUBJECT;
ALSO PROVIDING A SEVERABILITY CLAUSE; AND PROVID-
ING AN EFFECTIVE DATE ." BY AMENDING THE TITLE OF
SECTION 13. VEHICLE AND' MAINTENANCE SUPERVISOR
TO ISSUE PERMITS, OF SAID ORDINANCE TO READ BUILD-
ING OFFICIAL INSTEAD OF VEHICLE AND MAINTENANCE
SUPERVISOR; BY AMENDING SUB-SECTION (a) OF SAID
SECTION 13 OF SAID ORDINANCE BY AUTHORIZING THE
BUILDING OFFICIAL TO ISSUE PERMITS UPON APPROVAL
BY THE VEHICLE AND MAINTENANCE SUPERVISOR; BY
AMENDING SUB-SECTION (b) OF SAID SECTION 13 OF
SAID ORDINANCE BY PROVIDING A FEE FOR USER PERMITS
AND BLASTER PERMITS; BY AMENDING SUB-SECTION (3)
OF SAID SECTION 13 OF SAID ORDINANCE BY CHANGING
THE WORDS "VEHICLE AND MAINTENANCE SUPERVISOR"
TO "BUILDING OFFICIAL" ; BY AMENDING SUB-SECTION
(a) OF SECTION 14. LIMITATIONS AND CONDITIONS,
OF SAID ORDINANCE BY AUTHORIZING THE VEHICLE AND
MAINTENANCE SUPERVISOR TO IMPOSE LIMITATIONS CON-
TAINED IN SAID SUB-SECTION (a) IN EACH BLASTING
PERMIT ISSUED BY THE BUILDING OFFICIAL; BY AMEND-
ING SECTION 16 . PENALTY FOR VIOLATION, OF SAID
ORDINANCE, BY CHANGING THE METHOD OF PROSECUTING
VIOLATORS OF SAID ORDINANCE ; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. The title of Section 13 . Vehicle and Main-
tenance Supervisor to Issue Permits , of Monroe County Ordinance
No . 5-1975 , is hereby amended to read as follows :
Section 13. Building Official to Issue Permits .
Section 2 . Sub—section (a) of said Section 13 of said
Ordinance, is hereby amended to read as follows :
(a) The Building Official is hereby authorized to issue
User Permits and Blaster PeLLllits only to persons who hold similar
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permits required by Florida Law, who meet the requirements of this
ordinance, and who have approval for the issuance of said permit by
the Vehicle and Maintenance Supervisor.
Section 3. Sub-section (b) of said Section l3 of said
Ordinance, is hereby amended to read as follows:
(b) Such permits shall be issued only after:
(1) Payment of a fee in an amount not to exceed
twenty-five dollars ($25) per month or two hundred and fifty dollars
($250) per year for a User Permit and payment of a fee in the amount
of twenty-five dollars ($25) per year for a Blaster Permit.
Section 4, Sub-section (3) of said Section 13 of said
Ordinance, is hereby amended to read as follows:
(3) The issuance of a User's Blasting Permit shall not
authorize blasting in any area or location where the same is pro-
hibited by any zoning regulations or other law, and shall be limited
to the location designated in the application; provided, however,
that if the amount of explosives to be used at anyone time whether
fired or detonated as a single charge or by delay series does not
exceed the total explosive power or capacity of two (2) pounds of
forty per cent (40%) dynamite, the Building Official is authorized
to issue a blasting permit for the use of such amount of explosives
without the same being limited to a particular location; provided,
further, that the firing, detonating or exploding of any quantity
of explosives on or against a boulder, rock strata, stump, tree or
other object, or on the ground surface or in the open air and not
confined in a bore hole or any blasting commonly referred to as mud-
capping or adobe blasting, is prohibited unless upon application and
the payment of the required fee a user is granted a special user's
permit for each and every location where such blasting is to be per-
formed.
Section 5. Sub-section (a) of Section 14, Limitations
and Conditions, of said Ordinance is hereby amended to read as
follows:
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(a) The Vehicle and Maintenance Supervisor shall impose
in each blasting permit issued by the Building Official such limi-
tations and conditions as to:
(l) Days and hours when blasting may be performed.
(2) The period of time for which it is valid.
(3) The amount and type of explosive which may be
employed at anyone time, whether fired or detonated instantaneously
as a single charge or by a delay series charge, as may be deemed by
him to be reasonable under the conditions existing in the locale
for which the permit is issued. The Vehicle and Maintenance Super-
visor may conduct a series of tests witnessed by neighborhood prop-
erty owners to determine acceptable limits of vibration,
Section 6. Section l6. Penalty for Violation, of said
Ordinance is hereby amended to read as follows:
Section l6. Penalty for Violation.
In addition to the penalty provided by Sec-
tion 7 or any other penalty, any person who violates the provisions
hereof or the conditions and limitations imposed in a permit shall
be deemed to have violated this ordinance and the permit may be re-
voked by the Vehicle and Maintenance Supervisor; provided an appeal
may be filed pursuant to Section 6 hereof. Violations of this ordi-
nance shall be prosecuted in a county court by the prosecuting
attorney thereof, and upon conviction shall be punished by a fine
not less than $l5.00 nor to exceed $500,00 or by imprisonment in
the county jail not to exceed 60 days or by both such fine and im-
prisonment,
Section 7. This Ordinance shall take effect upon receipt
of the official acknowledgment from the Department of State acknowl-
edging receipt of certified copy of this Ordinance and that said
Ordinance has been filed in said office.
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO \ffiOM IT MAY CONCERN that on
Tuesday, September 14, 1976, at 8:00 P,M. at the Monroe County
Courthouse Annex, 500 \Vhitehead 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,
-l976
AN ORDINANCE AMENDING MONROE COUNTY ORDINANCE
NO, 5-l975, THE SAME BEING ENTITLED, "AN ORDI-
NANCE PERTAINING TO MONROE COUNTY, FLORIDA, RE-
LATING TO BLASTING, BLASTING SITES, USE AND
STORAGE OF EXPLOSIVES AND BLASTING AGENTS; PRO-
VIDING FOR EXCEPTIONS, AND DEFINITIONS; REQUIRING
AND REGULATING PERMITS FOR SUCH TO BE ISSUED BY
THE VEHICLE AND MAINTENANCE SUPERVISOR UPON APPLI-
CATION; PROVIDING FOR APPEALS FROM SUCH VEHICLE
AND MAINTENANCE SUPERVISOR'S DECISIONS; REGULA-
TING THE QUANTITIES OF EXPLOSIVES; REQUIRING
STOLEN EXPLOSIVES TO BE REPORTED; REGULATING PER-
SONS OBTAINING PERMITS; REGULATING SALES OF
EXPLOSIVES; REQUIRING REPORTING OF EXPLOSIVE IN-
VENTORY; REGULATING STORAGE OF EXPLOSIVES AND
USE AND HANDLING THEREOF; REGULATING BLASTING
AGENTS AND PARTICLE VELOCITY; REQUIRING THE KEEP-
ING OF BLASTING RECORDS; AND PRESCRIBING PENALTIES
FOR VIOLATIONS OF THE CHAPTER AS WELL AS STATE
LAW AND REGULATIONS PERTAINING TO THIS SUBJECT;
ALSO PROVIDING A SEVERABILITY CLAUSE; AND PROVID-
ING AN EFFECTIVE DATE." BY AMENDING THE TITLE OF
SECTION 13. VEHICLE AND MAINTENANCE SUPERVISOR
TO ISSUE PERMITS, OF SAID ORDINANCE TO READ BUILD-
ING OFFICIAL INSTEAD OF VEHICLE AND MAINTENANCE
SUPERVISOR; BY AMENDING SUB-SECTION (a) OF SAID
SECTION 13 OF SAID ORDINANCE BY AUTHORIZING THE
BUILDING OFFICIAL TO ISSUE PERMITS UPON APPROVAL
BY THE VEHICLE AND MAINTENANCE SUPERVISOR; BY
AMENDING SUB-SECTION (b) OF SAID SECTION l3 OF
SAID ORDINANCE BY PROVIDING A FEE FOR USER PERMITS
AND BLASTER PERMITS; BY AMENDING SUB-SECTION (3)
OF SAID SECTION 13 OF SAID ORDINANCE BY CHANGING
THE WORDS "VEHICLE AND MAINTENANCE SUPERVISOR"
TO "BUILDING OFFICIAL"; BY AMENDING SUB-SECTION
(a) OF SECTION l4. LIMITATIONS AND CONDITIONS,
OF SAID ORDINANCE BY AUTHORIZING THE VEHICLE AND
MAINTENANCE SUPERVISOR TO IMPOSE LIMITATIONS CON-
TAINED IN SAID SUB-SECTION (a) IN EACH BLASTING
PERMIT ISSUED BY THE BUILDING OFFICIAL; BY AMEND-
ING SECTION l6. PENALTY FOR VIOLATION, OF SAID
ORDINANCE, BY CHANGING THE METHOD OF PROSECUTING
VIOLATORS OF SAID ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE.
t \
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DATED at Key West, Florida, this 10th day of August, A.D,
1976.
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)
Publish: August 13, 1976.
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STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
(904) 488-3918
BRUCE A, SMATHERS
SECRETARY OF STATE
September 20, 1976
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 September 16
and certified copies of Monroe County Ordinances Nos. 76-21
and 76-22, which were received and filed in this office on
September 20, 1976.
Kindest regards.
Cordia lly,
BRUCE A. SMATHERS
Secretary of State
;/(tzPf u,v.jJ:U/Mt~:I
By ()
(Mrs. ) Nancy Kavanaugh
Chief, Bureau of Laws
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