Ordinance 020-1980
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ORDINANCE NO. 20 -1980
AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA,
PROVIDING THAT THE CODE OF ORDINANCES, COUNTY
OF MONROE, FLORIDA, BE AMENDED BY ADDING SEC-
TION 19-154 TO ARTICLE VI, CHAPTER 19, OF SAID
CODE PROVIDING FOR THE REGULATION OF THE CON-
STRUCTION, DIPPING, REPAIRING OR STORING OF
LOBSTER TRAPS, CRAB TRAPS, FISH TRAPS, AND FISH
NETS; PROVIDING FOR SEVERABILITY; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE; PROVIDING FOR INCLUSION
AND INCORPORATION OF THIS ORDINANCE IN THE CODE
OF ORDINANCES OF THE COUNTY OF MONROE, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
Section 1.
That the Code of Ordinances of the County
of Monroe, Florida, be amended by adding a section to be
numbered 19-154 to Article VI, Chapter 19 to read as follows:
"Section 19-154
Lobster Traps, Crab Traps, Fish
Traps and Fish Nets
(a) Except as provided hereinafter, lobster
traps, crab traps, fish traps and fish nets shall
only be constructed, dipped, repaired or stored for
either personal or commercial use in any GU, BU-2 or
BU-3 zoning districts, provided if the property
abuts either a residential lot, parcel, or subdivi-
slon, then a six foot (6') hedge, wall, or other
opaque, durable landscape barrier must be constructed
on the property as a screening wall.
(b) New lobster traps, crab traps, fish traps
or fish nets, including new ropes and buoys, may be
constructed on homesite property in a RU-1, RU-5 and
RU-5P zoning district between the hours of 8:00 A.M.
to 6:00 P.M. Monday through Saturday except for
Federal legal holidays, for the homeowner's personal
use only, but shall not be commercially constructed
for sale to others. No vacant RU-I property shall
Page 1 of 3 Pages
be used for this purpose. It shall be prohibited
to dip, repair or store used lobster traps, crab
traps, or fish traps ln any RU-l, RU-S, and RU-SP
zoning districts.
(c) Fish nets may be made and/or repaired on
homesite property in RU-l, RU-S and RU-SP zoning
districts for the homeowner's personal use only.
They may be stored on the same property. No vacant
RU-l, RU-S or RU-SP zoned property shall be used for
this purpose.
(d) Lobster traps, crab traps, fish traps
or fish nets shall not be constructed, dipped, re-
paired, or stored in any RU-2, RU-3, RU-4, RU-6,
RU-7 and BU-l zoning districts.
(e) Grandfather clause. Any person, as of
September 11, 1980, who has been constructing, dip-
ping, repairing and/or storing new or used lobster
traps, crab traps, fish traps, or fish nets for his
personal use only, on any property prior to the
adoption of this ordinance shall have sixty (60)
days after this ordinance becomes effective to sub-
stantiate same and apply for a Home Occupation
Permit as set forth herein. The person shall apply
to the Zoning Official for the Home Occupation
Permit to allow for personal family fisheries and
the Zoning Official, after receiving evidence sub-
stantiating the facts, shall issue the permit,
subject to the Board of County Commissioners
approval, allowing articles or materials used in
conjunction with such activity to be stored on and
upon the property. Further, such activity shall
only be conducted during the hours of 8:00 A.M. to
6:00 P.M. Monday through Saturday except for Federal
legal holidays."
Page 2 of 3 Pages
Section 2.
If any section, sub-section, sentence, clause
or provision of this Ordinance lS held invalid, the remainder
of this Ordinance shall not be affected by such invalidity.
Section 3.
That all ordinances or parts of ordinances
In conflict with this ordinance are hereby repealed.
Section 4.
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 uni-
form numbering system of the Code.
Section 5.
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.
BOARD OF COUNTY COMMISSIONERS
OF MONROE ~~;IDA
By ~~a:"''';<''''-~---
(Seal)
Atte(~*/0
ADOPTED:
October 6, 1980
FILED WITH DEPARTMENT OF STATE:
October 7, 1980
EFFECTIVE:
October 10, 1980
Approved as to form
and legal sufficiency
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"Attorney's Office
By
Page 3 of 3 Pages
RE-NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Monday, October 6, 1980, at 5:00 P.M. in Courtroom "B",
Monroe County Courthouse Annex, Key West, Florida, the Board
of County Commissioners of Monroe County, Florida, intends
to consider adoption of the following County ordinance:
ORDINANCE NO.
-1980
AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA
PROVIDING THAT THE CODE OF ORDINANCES, COUNTY
OF MONROE, FLORIDA, BE AMENDED BY ADDING A
SECTION TO BE NUMBERED 19-154; PROVIDING FOR
RULES AND REGULATIONS GOVERNING THE CONSTRUC-
TION, PREPARATION, AND STORING OF LOBSTER
TRAPS, CRAB TRAPS, FISH TRAPS, AND FISH NETS;
PROVIDING AN EFFECTIVE DATE.
DATED at Key West, Florida, this 12th day of September,
1980.
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:
Tuesday, September 16, 1980
Tuesday, September 23, 1980
Please mail statement to: Board of County Commissioners
Post Office Box 1680
Key West, Florida 33040
Please mail proof of publica-
tion affidavit to: Michael H. Cates, Esq.
County Attorney
505 Whitehead Street
Key West, Florida 33040
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, September 11, 1980, at 5:30 P.M., at the Plantation
Key Governmental Center, Plantation Key, Monroe County,
Florida; on Tuesday, September 23, 1980, at 5:30 P.M., at
the Marathon Subcourthouse, Marathon, Monroe County, Florida;
and on Tuesday, October 7, 1980, at 5:30 P.M., in Courtroom
"B", Monroe County Courthouse Annex, Key West, Florida, the
Board of County Commissioners of Monroe County, Florida,
intends to consider adoption of the following County ordi-
nance:
ORDINANCE NO.
-1980
AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA
PROVIDING THAT THE CODE OF ORDINANCES, COUNTY
OF MONROE, FLORIDA, BE AMENDED BY ADDING A
SECTION TO BE NUMBERED 19-154; PROVIDING FOR
RULES AND REGULATIONS GOVERNING THE CONSTRUC-
TION, PREPARATION, AND STORING OF LOBSTER
TRAPS, CRAB TRAPS, FISH TRAPS, AND FISH NETS;
PROVIDING AN EFFECTIVE DATE.
DATED at Key West, Florida, this 20th day of August,
1980.
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:
Friday, August 22, 1980
Friday, August 29, 1980
Please mail statement to:
Board of County Commissioners
Post Office Box 1680
Key West, Florida 33040
Please mail proof of
publication affidavit to:
Michael H. Cates, Esq.
County Attorney
505 Whitehead Street
Key West, Florida 33040
" ..'"l
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111111
•
• • PROOF OF PUBLICATION
OIr 3Krg rst eitizrai
Published Daily •
Key West, Monroe County, Florida
STATE OF FLORIDA) •
COUNTY OF MONROE) ss.
Before the undersigned authority personally appeared
,F�i,c�t�s�rd ,FarIcla ,tq , who on oath says that he is
Advertisin•g .Msngger of the Key West _citizen, a
daily newspaper published at Key West in Monroe County, Florida;
that the attached copy of advertisement, being a,Notice of
Intention to Consider Adoption of County
Ordinance
in the matter of TtiOYICE'OIjIN TION,
ToCONSI®ERAQgPTION
OF COUNTY ORDINANCE •
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN' rp
that on Tuesday, September 11, g1980, at 5:30 P.M., at the Plan- , c.
teflon Key Governmental Center, ;II\
PlantationKey,
• Monroe County, i1
Florida;d on Tuesday, September
23, 1980, at 5:30 P.M., at the
Marathon Subcourthouse, SEP
Marathon, Monroe County, , 5 1980
Florida;and on Tuesday,October.
7,1980,at 5:30 P.M.,In Courtroom
"B", Monroe County-Courthouse
Annex, Key West, Florida, the
Board of County Commissioners of "�'
Monroe County, Florida, intends COTY A I�Y,
to consider adoption of the
following County ordinance:
ORDINANCE NO.-1980
AN ORDINANCE OF THE
COUNTY OF MONROE,
FLORIDA PROVIDING THAT
THE CODE OF ORDINANCES,
COUNTY OF MONROE,
FLORIDA,-BE AMENDED BY
ADDING A SECTION -TO BE
NUMBERED 19-154;
PROVIDING FOR RULES AND.
REGULATIONS GOVERNING
THE CONSTRUCTION,
PREPARATION,AND STORING
OF LOBSTER TRAPS, CRAB
TRAPS,FISH TRAPS,AND FISH
NETS IN
PROVIDG AN. EF-
was published in sai I issues of Aug 22,29, 1980
'.�-a '.!' rida,
Affiant further lid The Key West Citizen is a
newspaper published .4: LEGACNOTICE.. aid Monroe county, Florida,
and that the said n r =..' :ofore been continuously
>. RALPH�W WHITE
published in said M� }3 cierkof the Circuit •ida, each day (except
Court W Monroe
Saturdays) and has k counfy,Fiorida;and •cond class mail matter at the
post office in Key lerk
o x the
officthe Board io rdof •oe• CountY, Florida, for a
61
period of one year r C commissioners of
MonroeCn nty,Florida 1e first publication of the
attached copy of adv vApg`_i2,J29,,1sa° iffiant further says that he ha:
neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing
this advertisement for publication in the said newspaper.
_ (SEAS):=
-"Sworn to and subscribed before me this
-day of ,A.D. 1980
• JOT ARY PURL t( 11- Uf `iOP,I DA.AT LARG1'
MY COMMISSION EXPIRES JULY 101983
BONDED lyre :,LI+EsAL INS. UNDERWRITERS
1111
PROOF OF PUBLICATION ,J -
� p pg IN Ps# Often Pn SEp 29 180
Published Daily
Key West, Monroe County, Florida ® /�T!s
® I
STATE OF FLORIDA)
COUNTY OF MONROE) ss.
Before the undersigned authority personally appeared -
l��,cl�ard. Agposito , who on oath says that he is
Advertising Nan,age , of the Key West Citizen, a
daily newspaper published at Key West in Monroe County, Florida;
that the attached copy of advertisement, being a, Notice to
Consider Adoption
in the matter of •
RE'NOTdc-0 INIy NTION
TO`.CON SI DcR ADo'PTION
,' OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN
that on Monday,October 6,1980,at
5:00 P.M. In Courtroom "B,"
Monroe County Courthouse
Annex, Key West, Florida, the ,
Board of County Commissioners,
of Monroe County, Florida, in- '
. . tends to consider adoption Of the
following County ordinance:'
ORDINANCE NO. -1980
AN ORDINANCE OF THEj
. • COUNTY OF MONROE,
FLORIDA PROVIDING THAT.
THE CODE OF ORDINANCES,
COUNTY . OF MONROE,'
• FLORIDA, BE AMENDED BY
ADDING A SECTION TO BE
NUMBERED 19-154:'
PROVIDING FOR RULES AND'
REGULATIONS GOVERNING
THE CONSTRUCTION,
PREPARATION,AND STORING'
OF LOBSTER TRAPS; CRAB
TRAPS,FISH TRAPS,AND FISH,
-NETS: PROVIDING AN EF-
FECTIVE DATE.
DATED at Key West, Florida,
this 12th day of September, 1980. ` o
RALPHW.WHITE 1f�JC
was published in sa Clerk of the Circuit Courf•e issues of Sept. 1V, 23,
of Monroe County,Florida,,
and ex officio Clerk of the Board
of County Commissioners
of Monroe County,Fldrida
Sept. 16,23,1980
Affiant further says that the said The Key West Citizen is a
newspaper published at Key West, in said Monroe county, Florida,
and that the said newspaper has heretofore been continuously
published in said Monroe County, Florida, each day (except
Saturdays) and has been entered as second class mail matter at the
post office in Key West, in said Monroe. County, Florida, for a
period of one year next preceeding the first publication of the
attached copy of advertisement; and affiant further says that he ha
neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing
this advertisement for publication in the said newspaper.
Ukl AS LA"
'rlOa � �1
nIVARy [U6lt�-y` N EvIRES lULY E WR 8E t i l
My COM„�,IS INS• uND
BorNDEUEt�Ek�t
(SEA'a_
-
Sworn to and s scr ed before me this
day of ,A.D. 198®'
lib
, . • .
. .
" ,.. . .
'PROOF OF PUBLICATION
.. .,
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
•
Before the undersigned authority personally appeared William J. Martin , who on oath, says
that he is Publisher of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a Notice of Intention
IN THE MATTER OF To Consider Adoption of County Ordinance in the
Court, was published in said
newspaper in the issues of August 28, September 4, 1980 r
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- -
NOTICE OF INTENTION TO
CONSIDER
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously ADOPTION OF COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO
published in said Monroe County, Florida, each week (on Thursday)and has been entered as second WHOM IT MAY CONCERN.that on
Tuesday,September 11,1980;at 5:30'
P.M..,at.the Plantation Key Govern-
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one mental Center,Plantation Key,Mon-
roe County,Florida;on Tuesday,Sep-
' tember 23, 1980,at 5:30 P.M.,at the
year next preceding the first publication of the attached copy of advertisement; and affiant further Marathon subcourtnouse,Marathon,
Monroe County,Florida;and on Tues-
day,October 7,1980,at 5:30 P.M.;In
says that he has neitherpaid norpromised anyperson,firm,or corporation anydiscount, rebate, coin- Courtroom nnex Monroe county
Y P ,-Courthouse Annex;Key West,Florida,
Mo nBrooaer dC oofu Cnotyu,n tFroimam,isnstoennedrss oof
mission oc refund for the purpose of securing this adverti� ent for publication in the said newspaper. , consider adoption of the following
County ordinance: -
ORDINANCE NO.1980 I
AN ORDINANCE OF THE COUN, •
n TY OF MONROE, FLORIDA.
- - (r.�—r /�7� /`�. PROVIDING THAT THE CODE
Z ,� � i �_� MONROE,ORDINANCES,COUNTY OF BE i
(SEAL) .,
AMENDED BY ADDING A�SEC- I
TION TO BE NUMBERED19-151;
PROVIDING FOR RULES AND '
,�9�/ REGULATIONS GOVERNING
SWORN-TO AND SU SCRIBED BEFORE ME THIS t! THE CONSTRUCTION,PREFAB-
AT1ON,AND STORING OF LOB-
STER TRAPS, CRAB TRAPS,
DAY OF %� L"'-"( ) A.D. 19 FISH TRAPS, AND FISH NETS:
PROVIDING AN EFFECTIVE
J DATE.
J �/ - /1q-e,C--e--Ze-C„/ DATED at Key West,Florida,this 20th
/;+ day of August,1980.
(/ RALPH W.WHITE
Clerk of the Circuit Court of
r — ' Monroe County,Florida,and
r ❑I =n= I r,^ n- AT1,6,E ex officio Oerk of the Board
NOTARY P1)'�-IC ST.F F.._,..D,: G . - of.. Countnroe CyCommissountyionerso
Florida
iVr( COG iirT;10i1 i_..�. .. ri i_ � Mo ,
Publish:August 28,September 4,1980
Florida Keys Keynoter
t
•
i s J' 1`�,1 `` 1
i
SEP 5 1980
COUNTY ATTY.
FLORIDA DEPARTMENT OF STATE
George FIrestone
Secretary of State
Ron Levitt
Assistanl Secretary of State
October 10, 1980
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1.
Receipt of YOUL letLez/z
~+
v~
Or<tnhpr....::L
and certified copy/ies of
County Ordinance/s No./s
Mnnrnp
80-1R- RO-lg, RO-?O
2 .
Receipt of
relative to:
County Ordinance/s
(a)
which we have numbered.
(b)
which we have numbered
3. We have filed thi~fthese ordinance/s in this office
October 10, 1980.
4. The original/duplicate copy/ies showing the filing
date is/are being returned for your records.
NK/rnb
FLORIDA-State of the Arts
The Capitol 0 Tallahassee, Florida 3230] 0 (904) 488-3680