Resolution 495-2005
County Attorney
RESOLUTION NO. 495 -2005
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ALLOWING THE PLACEMENT OF RECREATIONAL
VEIDCLES, TRAVEL TRAILERS AND MOBILE HOMES
AS TEMPORARY SHELTER ON COUNTY OWNED
PROPERTY FOR HOUSING PERSONS DISPLACED BY
HURRICANE WILMA AND EXEMPTING THIS
PLACEMENT FROM THE PROHmmON AGAINST
CAMPING ON COUNTY OWNED PROPERTY
WHEREAS, Hurricane Wilma struck the Florida Keys on October 24,2005, causing
wind and flood damage and destruction of homes and property; and
WHEREAS, many of the residents in Monroe County were immediately left without
housing; and
WHEREAS, many more Monroe County residents were left without housing after
their homes became uninhabitable from mold and deterioration from exposure to the
elements; and
WHEREAS, the Monroe County Board of County Commissioners recognizes the
need for alternative lodging for its displaced residents which may consist of recreational
vehicles, travel trailers and mobile homes not permanently installed, all of which are
considered temporary shelter; and
WHEREAS, in many cases, there is no room on the property where the residents were
living to place alternative lodging or temporary shelter facilities; and
WHEREAS, the occupancy of temporary shelter, however substantial, may be
construed as "camping" as defined in Sec. 19-102.5(a)(1) as follows:
"(1) Camp or camping means to pitch or occupy a tent or other temporary
shelter for sleeping or other habitation purposes.";
and
WHEREAS, there is a prohibition against camping on county owned property
contained in Section 19-102.5 of the Monroe County Code; and
WHEREAS, Section 19-102.5(e)(2) provides that the prohibition against camping on
county property does not apply to any facility, site, or location designated by resolution or
ordinance of the Board of County Commissioners; and
WHEREAS, pursuant to Sec. 2-I(a) of the Monroe County Code and Florida Statute
Sec. 125.74(g) the county administrator has the duty and responsibility to supervise the care
and custody of all county property;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
I. That the County Administrator or his designee may designate appropriate county
owned property as exempt from Sec. 19-102.5(b) of the Monroe County Code prohibiting
camping on county owned property.
2. That this exemption is only for the purpose of placement of recreational vehicles,
travel trailers and mobile homes for residents of Monroe County displaced from their homes
by Hurricane Wilma.
3. That this resolution is hereby approved retroactively to October 24,2005, and applies
only to those residents of Monroe County displaced by Hurricane Wilma who have applied
and been given permission to use the County's property by the County Administrator or his
designee.
4. That this exemption does not apply to tents or any temporary shelter without a holding
tank: for waste water or sewage, or any other kind of shelter unless supplied by a
governmental agency also providing sanitary facilities.
5. That this exemption from the provisions prohibiting camping on county owned
property shall end when the County Administrator determines that there is no longer a need
for the temporary shelter.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of the Board held on the 21stday of December
2005.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Commissioner Dixie Spehar
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BOARD OF CO
OF MONROE C
COMMISSIONERS
, FLORIDA
By:
Mayor
MONROE COUNTY ATTORNEY
APPROVt=D AS TO FORM:
Q~
SUSAN M. G SLEY ~
ASSISTANT COU Y ATTORNEY