Ordinance 023-1976
ORDINANCE NO. 23 - 1976
AN ORDINANCE PROHIBITING HITCHHIKING WITHIN THE
UNINCORPORATED AREAS OF MONROE COUNTY, FLORIDA
EFFECTIVE OCTOBER 1, 1976; STATING THE LEGISLATIVE
INTENT OF SAID ORDINANCE; REQUIRING THE POSTING OF
SIGNS OF NOTICE OF SAID PROHIBITION; PROVIDING PENALTY
FOR VIOLATIONS; PROVIDING REPEAL OF ALL LAWS CONFLICTING
WITH SAID ORDINANCE TO THE EXTENT OF SAID CONFLICT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, over the past years enumerable tragic criminal acts
have occurred as a result of hitchhiking on the streets and highways of Monroe
County and said acts have not been confined to the driver as victim but many
times the individual soliciting the ride has become the victim of violent crime,
and
WHEREAS, the practice of hitchhiking many times gives rise to driving
hazards for fellow motorists who must react to a vehicle slowing and turning
off of the highway to pick up hitchhikers and that in most cases the right-of-way
road berm so used is not large enough to safely accommodate the vehicle stopping
to pick up such hitchhikers, and
WHEREAS, by recent enactment by the Florida Legislature of Chapter
76-72, Laws of Florida, (F. S. 316. 008(1)(u) ) counties are now authorized to
enact ordinances and erect signs in the right-of-way to control, regulate or pro-
hibit hitchhiking on streets or highways including all state or federal highways
lying within their boundaries, and
WHEREAS, there exists ample low costs means of transportation
available for all persons not owning or having use of an automobile, and
WHEREAS, the Board of County Commissioners of Monroe County, for
the reasons above stated deem it in the best interest of the health, welfare and
safety of its citizens to enact an ordinance to absolutely prohibit the practice of
hitchhiking in the unincorporated areas of Monroe County, Florida, now therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Effective October 1, 1976, 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
solicit or attempt to solicit a ride from the driver of any vehicle.
Section 2. That notice shall be posted at or near the Monroe -Dade
County line and 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.
Section 3. All apeciallaws, ordinances, resolutions, rules and
regulations in conflict herewith are hereby repealed to the extent of said conflict.
Section 4. Violations of this 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 such fine and imprisonment.
Section 5. This ordinance shall take effect upon receipt of the official
acknowledgment from the Department of State acknowledging receipt of certified
copy of this ordinance and that said ordinance has been filed in said office.
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MID • •
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, September 21, 1976 at 2 :00 P.M. at the Plantation Key
Sheriff' s Substation, ; 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. - 1976
AN ORDINANCE PROHIBITING HITCHHIKING WITHIN THE
UNINCORPORATED AREAS OF MONROE COUNTY, FLORIDA
EFFECTIVE OCTOBER 1, 1976; STATING THE LEGISLATIVE
INTENT OF SAID ORDINANCE; REQUIRING THE POSTING OF
SIGNS OF NOTICE OF SAID PROHIBITION; PROVIDING PENALTY
FOR VIOLATIONS; PROVIDING REPEAL OF ALL LAWS CONFLICTING
WITH SAID ORDINANCE TO THE EXTENT OF SAID CONFLICT;
PROVIDING AN EFFECTIVE DATE.
DATED at Key West, Florida, this 18th 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 23, 1976
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STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
(904) 488-3918
BRUCE A. SMATHERS
SECRETARY OF STATE
September 27, 1976
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
Key West, Florida 33040
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Attention: Virginia Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge your letter of September 23
and Monroe County Ordinance No. 76-23, which was received
and filed in this office on September 27, 1976.
Kindest regards.
Cordially,
BRUCE A. SMATHERS
Secretary of State
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By 0
(Mrs.) Nancy Kavanaugh
Chief, Bureau of Laws
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Enclosure