Item M11
ORDINANCE NO.
- 2000
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
AMENDING CHAPTER 13, ARTICLE III, MONROE COUNTY
CODE, "NOISE CONTROL"; REPEALING EXISTING
PROVISIONS AND CREATING NEW PROVISIONS
REGULATING UNREASONABLE NOISE; PROVIDING
APPLICABILITY; PROVIDING DEFINITIONS; PROHIBITING
UNREASONABLE NOISE AND REQUIRING
SOUNDPROOFING OF COMMERCIAL STRUCTURES
PROVIDING LIVE ENTERTAINMENT OR AMPLIFIED MUSIC;
REGULATING MOTOR VEHICLE NOISE EMISSIONS;
PROVIDING EMERGENCY EXCEPTION; PROVIDING FOR
SPECIAL VARIANCES; PROVIDING FOR LIABILITY,
PENALTIES AND ENFORCEMENT; PROVIDtNG FOR OTHER
REMEDIES AND CITIZEN SUITS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL f OF
INCONSISTENT PROVISIONS; PROVIDING FOR INCLUSION
IN THE MONROE COUNTY CODE; PROVIDING AN
EFFECTIVE DATE
WHEREAS, the Board of County Commissioners ("BOCC") has determined that the
existence and creation of unreasonable noise has resulted in an incompatible use with adjacent and
surrounding residential neighborhoods;
WHEREAS, such unreasonable noise constitutes a menace and nuisance to the public health,
safety and welfare, and threatens the quality of life of persons within Monroe County;
WHEREAS, the Florida Constitution establishes the right of the people to an environment
free of excessive and wmecessary sound;
WHEREAS, the BOCC finds that prohibiting unreasonable noise is within the general police
power and will serve to promote the health, safety and welfare of the citizens of Monroe County;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that:
Section 1. Purpose. The purpose ofthis Ordinance is to clarify and strengthen the
existing regulation of unreasonable noise originating within Monroe County.
Section 2. Repeal of Existing Provisions.
Sections 13-36 through 13-39, and 13-42 through 13-50, Monroe County Code, are hereby
repealed.
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Section 3. Creation of New Provisions.
Sections 13-51 through 13-58, Monroe County Code, are hereby created to read as follows:
~13-51. Applicability.
This article shall apply to all sound or noise originating from a sound source within the
unincorporated area of Monroe County.
~ 13-52. Definitions.
(a) "Emergency" or "Emergency Work" shall mean any occurrence or set of
circumstances involving or creating actual or imminent physical trauma or property damage which
demands immediate attention.
(b) "Person" shall mean any individual, entity, association, corporation, or partnership,
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including any officer, employee, department, agency, or instrumentality of the Upited States, a state,
or any political subdivision or municipality.
(c) "Property Boundary" shall mean the imaginary line along the surface, and its vertical
plane extension, which separates the real property owned, rented, or leased by one (1) person from
that owned, rented, or leased by another person.
(d) "Public Right-ol-Way" shall mean any street, avenue, boulevard, lane, highway,
sidewalk, alley, or similar place normally accessible to the public which is owned or controlled by a
governmental entity or which has been dedicated to use or access for the benefit of the public or
adjacent property owners.
(e) "Soundproof' shall mean any physical arrangement or configuration of a building
which is sufficient to prevent the sound oflive entertainment or amplified sound from constituting
unreasonable noise within any residence or residential property, or from any other non-residential
establishment more than two hundred (200) feet away from a property boundary of the sound source.
(f) "Unreasonable Noise" shall mean
(1) any noise of which with the exercise of reasonable care, the maker or operator
should know is loud and raucous due to its volume, character, duration, time of occurrence, or the
number of persons affected, regardless of its source or content; OR
(2) any noise which equals or exceeds a measured sound level of sixty (60) dBA
for more than ten percent (10%) of any measurement period which shall not be less than ten (10)
minutes when measured at or beyond any property boundary of the sound source.
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~13-53. Prohibition Against Unreasonable Noise; Soundproofing Requirement.
(a) No person shall make, continue, or cause to be made any unreasonable noise.
(b) If a complaint arises from a multi-story structure, the determination of whether such
sound constitutes unreasonable noise shall be made from a story height equal to that of the sound
source.
(c) Any commercial structure that provides live entertainment or amplified sound,
including any portable structure or vehicle of any type, shall be fully enclosed and soundproofed
whenever such live entertainment or amplified sound is provided. The occasional escape of noise
resulting from the opening of access doors is expected and the brief period of noise therefrom shall
not constitute a per se violation of this subsection. However, such escape noise may constitute
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unreasonable noise under subsection (a).
~13..;54. Emergency Exception.
The provisions of this article shall not apply to the emission of sound for the purpose of
alerting persons to the existence of an emergency or emergency vehicle or the performance of
emergency work.
~13-55. Motor Vehicle Noise Emissions.
(a) On Right-of-Way. Motor vehicles operating on the public right-of-way are
regulated as set forth in chapter 403, Florida Statutes.
(b) Off Right-of-Way. No person shall operate or cause to be operated any motor
vehicle off a public right-of-way in violation of this article. This article shall apply to all motor
vehicles, whether or not duly licensed or registered, including but not limited to commercial or
recreational racing vehicles, motorcycles, dirt bikes, mopeds, go-carts, amphibious vehicles,
campers, power boats, personal watercraft, or any other engine-powered vehicle.
~13-56. Special Variance.
(a) Application and Determination. Upon application to the Planning Director, a special
variance may be granted from the provisions ofthis article. A special variance may be granted only
if the Planning Director determines that compliance with this article would cause an unreasonable
hardship on the applicant, community or other person(s). In determining whether to grant or deny
the application, the Planning Director shall balance the hardship on the applicant, the community,
and other persons against the adverse impact on the health, safety, and welfare ofthe person(s) and
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property to be affected. In granting or denying an application, the Planning Director shall issue to
the applicant a written decision stating the reasons therefor. Applicants or any persons contesting the
application may be required to submit any information the Planning Director may reasonably
require. A special variance shall not be granted to apply for more than three hundred sixty-five (365)
days from the date on which it was granted. Applications for extensions, renewals, or modifications
to special variances shall be treated like applications for initial variances.
(b) Notice and Time Requirements. Notice of an application for a special variance shall
be given by the Planning Director by registered mail to any adjacent property owner(s) ifthe activity
to be exempted is to be a fixed site. Such notices shall be mailed within (5) business days of the
Planning Director's receipt of a completed application for a special variance. Within ten (10)
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business days of the Planning Director's receipt of a completed application, (s)fe shall cause to be
published in a newspaper of general circulation a public notice describing the proposed special
variance and informing any persons who believe they may be adversely affected if the special
variance is granted of the method and ability to file a protest. Any person who claims to be
adversely affected shall file a statement containing any information to support his/her claim. Such
statements must be filed within five (5) days of receipt of the Planning Director's notice or the date
of publication of the notice of special variance. Upon a determination that the application is
complete, the time has expired for filing of protests, and that any additional information needed has
been received, the Planning Director shall render a decision granting or denying the special variance
within two (2) business days. The Planning Director shall notify the applicant and all persons who
protested the application of his decision by registered mail no later than the business day following
the day the decision was rendered.
(c) Appeals. The applicant or any person who protested the special variance may appeal
the Planning Director's decision to the Board of County Commissioners ("BOCC") by filing a notice
of appeal with the Planning Director within five (5) business days of receipt of the Planning
Director's decision. The Planning Director shall agenda the appeal for the next regularly scheduled
BOCC meeting and shall transmit to the BOCC a coherent and orderly record ofthe special variance
file in his/her custody. Ifthe Planning Director determines that there is insufficient time to transmit
the record in time for the next regularly scheduled BOCC meeting, (s )he shall agenda the appeal for
the following regularly scheduled meeting. Iftime is ofthe essence, (s )he may request the mayor to
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schedule a special meeting. The BOCC shall entertain appeals pursuant to this section on the record
but shall allow the applicant and any person(s) who protested the application to make such
arguments based on the record as they may choose, subject to any reasonable time limits the BOCC
may determine. The BOCC's appellate review shall be de novo. The BOCC may request the
Planning Director to elaborate upon or explain any documents or other evidence in the record. Upon
conclusion ofthe parties' argument and the receipt of any comments from the Planning Director, the
BOCC may affirm, reverse, or modify the decision ofthe Planning Director based on the BOCC's
evaluation ofthe record, and the arguments and comments presented. The BOCC's decision shall be
made by Resolution and shall state the reasons and/or findings in support thereof.
~13-57. Liability; Penalties and Enforcement.
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(a) Liability. The maker or creator of a noise and the operator and/Ol; owner of its sound
source shall each be subject to liability for violations ofthis article. Ifprosecutedjointly, each shall
be jointly and severably liable for any fines imposed pursuant to this article.
(b) Penalties and Enforcement. A violation of this Ordinance shall be punishable as a
second degree misdemeanor and by a fine of up to five hundred dollars ($500.00) per day, per
violation and/or by imprisonment in the county jail for not more than sixty (60) days. Violators of
this article may be prosecuted in County Court in the name ofthe state by the state attorney through
citation or information. Code enforcement may also enforce the terms of this Ordinance by bringing
the case before a Special Master pursuant to Code 96.3-14 or by citation under Code 96.3-11, Florida
Statutes 9162.21 (as may be amended), and 76-435 Laws of Florida (as may be amended). If a code
enforcement citation is issued, the fine shall be $250.00 for a first offense and $500.00 for
subsequent offenses. In addition, the occupational license issued for a commercial entity may be
revoked by the Special Master of court of competent jurisdiction upon a finding of two or more
violations ofthis Ordinance by the same entity.
~13-58. Other Remedies and Citizen Suits.
In addition to any other remedy available to Monroe County (including code enforcement
pursuant to Chapter 162, Florida Statutes), Monroe County or any other adversely affected party
may enforce the terms of this article in law or equity. Any citizen of Monroe County may seek
injunctive relief in a court of competent jurisdiction to prevent a violation of this article. No
provision ofthis article shall be interpreted to prevent any person from commencing a civil action on
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hislher own behalf against any person who is alleged to be in violation of any provision of this
article. Attorney's fees and costs incurred in an action to enforce these regulations may be awarded
to a substantially prevailing party in the discretion of the court.
Section 4. Severability.
If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the
remainder of this Ordinance shall not be affected by such invalidity.
Section 5. Repeal of Inconsistent Provisions
All Ordinances or parts of Ordinances of Monroe County in conflict with the provisions of
this Ordinance are hereby repealed to the extent of such conflict.
Section 6. Inclusion in Monroe County Code.
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The provisions of this Ordinance shall be included and incorporated in the Code of
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Ordinances of Monroe County, Florida, as an addition or amendment thereto, and may be
appropriately renumbered to conform to the uniform numbering system of the Code.
Section 7. Effective Date.
This Ordinance shall become effective upon its passage and adoption and authentication by
the signature of the presiding officer and the Clerk of the County.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the _ day of , 2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL)
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ATTEST:
DANNY L. KOLHAGE, CLERK
By:
ClerkJDeputy Clerk
Approved as to form and Legal Sufficiency
By:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
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7
Florida Bicycle Facilities Planning and Design Handbook
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Turns. Top: The top photo shows a cyclist
preparing to make a right turn. The left turner in
the above photo is required to search and weave
across two lanes of traffic.
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With a right-turn lane or slip lane.
July 1999
4.6.1.1 Straight Through Bicyclists
Straight through bicyclists move to the left, merging into
the travel lane, staying alert to right turning motorists.
Competent bicyclists often do this early in the taper. Novice
bicyclists more typically complete the maneuver closer to the
intersection, where speeds are lower. Either works well in
practice.
4.6.1.2 Right Turning Bicyclists
Right turning bicyclists simply turn right by staying to the
right. It is best if they center themselves in the turn lane.
Staying too far to the right encourages motorists to pass
them while turning.
4.6.1.3 Left Turning Bicyclists
Left turning bicyclists search, signal and move left if
traffic gaps occur. Others may choose to go straight through
the intersection to the far side, pivot their bikes, and when
the light changes, complete their movement. Both procedures
are permitted under Florida traffic law. The second method
is referred to as a "box left hand turn". Note the bicyclist in
the lower photo (100 yards back from the intersection) is in a
position to search, find a gap and move to his left. This is a
simple procedure when traffic is slowing.
4.6.2 Bike Lane Position at Intersections
The Department's bike lane striping guidelines assume
and support the idea bicyclists will function as vehicles.
Bicycles are required to ride as nearly as practicable to the
right side of the lane serving the movement they are making.
This requires bicyclists riding through intersections with right
turn lanes, and possibly those turning left at intersections with
left turn lanes, to ride between parallel flows or queues of
traffic. The inclusion of bike lanes provides space for the
bicyclists to do this with more safety and comfort than if the
bike lanes were not present. The guidelines are refinements
of the AASHTO drawings shown on the next page left.
These striping guidelines shown as typical intersections are
included in Appendix C.
4.6.2.1 Intersections with Driveways
Bike lane striping at driveways is dependent upon
edge line striping, as shown in the guidelines. At low volume
residential type driveways where the edge line is continuous,
the bike lane striping is also continuous. At high volume
commercial driveways where the edgeline is discontinued (but
regular vehicle lane striping is continuous), the striping sepa-
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EXHIBIT 3
RESULTS OF TRAIL MAPPING EXERCISE - KEY LARGO TRAIL WORKSHOP (12/2/99)
Upper
905
F10rida Keys Overseas Heritage Trai1
Pub1ic Workshops Mapping Exercise
December 2 - 4, 1999
bye Map
40 Mile Card Sound Loop, using u.S. 1 (the
stretch). High-speed traffic, but good for a
trail. Good for high-speed cyclists.
MM 106.5 Butterfly park to be built.
Crocodiles and ecotourism potential.
MM 106.5
to MM 100 High-density access from car traffic (safety
concern) .
MM 103
MM 101
MM 100
to MM 97
MM 96.5
MM 93
MM 90
to MM 78
MM 86.5
MM 84
to MM 81
MM 82
MM 79.5
MM 78
MM 78
area)
Bumpy
Key Largo Community Park - Atlantic side
Dark at night; bad visibility
Snapper's! ! !
Dove Creek
Good kayak canoe
Wild Bird Center
Good bike bridge (over Tavernier Harbor)
Islamorada - own jurisdiction
Dangerous bridge (over Treasure Harbor)
Islamorada commercial area - congested
Islamorada/Holiday Isle very congested
Possible trailhead location
Two historical areas - good stop
Good paddling (Indian Key to Lignumvitae Key
Middle Keys Map
MM 79 Papa Joe and World Wide Sportsman; walking route
1+ mile
MM 76
to MM 74
MM 74
Good skating
Anne's Beach; good trailhead for swimming.
Scenic Overlook
Water; Boy Scouts; Sailing
MM 68 Long Key - Possible trailhead location (circled
near campground symbol)
MM 60
to MM 48
MM 51
MM 50
MM 48
MM 47.5
Marathon is own jurisdiction
Drivers don't look both ways; very unsafe.
Dangerous area; hard to cross
Hard to get to Sombrero Key
Boot Key Scenic Loop
Scenic Overlook
MM 47 County Park is located here (Pigeon Key)
All along the bike route drivers don't look both
ways; driveways.
Lower Keys Map
MM 41.5 1 Mile bridge; scenic overlook
Conned bench park with bridge parking
MM 39
MM 34
MM 32
MM 31
Good snorkeling
Rest stop; trailhead; camping.
Scenic overlook on North side of road at existing
boat ramp between boat ramp, interpretive signs.
Traffic congestion
Good bike path - Big Pine
This trail needs better marking
MM 30
Flea market on Saturday and Sunday - real traffic
jam
Gulf side of u.S. 1 - Existing trail needs
repair.
MM 31 Big Pine Area
to MM 30 Major Equestrian area
Equestrian trails on old roads
Don't forget about horses!
Gulf side of u.S. 1 - Fred Manillo - Handicap
access trail in Key Deer
Wildlife Refuge
Atlantic Side of u.S. 1 - along Long Beach Road -
maybe just a trail route
Turtle nesting
MM 29
to MM 27.5 Trail for shopping and alternative
transportation - Big Row
MM 28
traffic
MM 28.5
MM 27
to MM 26
MM 24.5
MM 23
MM 23.5
MM 23
to MM 20
MM 22
MM 20. 5
MM 19.5
Torch Key Road is great road; very low vehicle
Nature Conservancy Property
Possible bike path (Ramrod Key)
Mote Marine Lab
Bayside - Old Highway good here for biking
(State Road 4A) need to be reopened - DOT closed
it
Cross-over
Feasibility Study (have copies)
Please open State Road 4A
Horses use this trail (Cudjoe Key area)
Cross over
Old boat launch area; trailhead
Gulf side of u.S. 1 - Paved roadbed
MM 17
MM 10
MM 19.5
to MM 5
MM 4
Wildlife Refuge; Old paved road; great
handicapped access!
Horses use trails
Kayak landing
Danger!! Stay on south side at Coppitt Road. The
cross over that we recommended in our conceptual
plan doesn't work. The bridge view of the road
is poor and therefore when a vehicle is coming
over the bridge they don't see the pedestrian
crossing until it is too late.
Stock Island Alternative Route
Scenic Loop where have car races
Wooden bridge
Turtle nesting along edge of this area
Old Papy Road
Open up - eliminate illegal dumping
At Saddlebunch Harbor, wooden bridge or pull
ferry
At Saddlehill Key, kayak landing
Along Boca Chica Key, beach fishing
Existing beach
Western Sambos Ecological Reserve
Great but access now restricted by Navy;. very
rough.
At Stock Island, ferry or pull ferry
At Stock Island, Kayak landing
Most dangerous intersection for bikers and
walkers, sod only to Palm; Ave; better signage
needed (i.e. Bike Logo saying yield!); Please
continue trail to MM 0
Last Stand (305) 296 - 7708 - Jake Rutherford,
President or Jog Divaro.
Looking to alternative route - more eco-friendly;
FDOT rebuild for south Roosevelt (Highway).
No light for pedestrians.
Roosevelt Blvd. Continue trail
Spur into salt flats; beautiful.
Terminate Overseas Heritage Trail at Ft.
Zachary Taylor
Misc. comments Add an "s" to Florida Keys Overseas Heritage
Trail S to connote the great variety of
trails and thus we are not constrained by
ASHTO standards for a "trail"
A system of scenic overlooks/trailheads with
tourist info kiosks to advertise/advise
tourist of the next 30 miles. Businesses pay
to be located on kiosk and this pays for
upkeep etc. Currently the only way a
business can advertise to car driver is by
billboard $1,700.00/month. This could help
little businesses and perhaps replace
billboards as the means to meet this demand.
ExmBIT 4
DEPARTMENT OF ENVIRONMENTAL PROTECTION DOCUMENTS