MONROE COUNTY, FLORIDA - CODE OF ORDINANCES PART I GENERAL ORDINANCES

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Published in 2008 by Order of the Board of County Commissioners

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ORDINANCE NO. 001-2009

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR MONROE COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE SECRETARY OF STATE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

WHEREAS, the Monroe County Board of County Commissioners (BOCC) engaged the Municipal Code Corporation (the AMCC@) to re-codify the ordinances enacted by the County (the "Code"); and

WHEREAS, the BOCC desires to develop the Code into a more user friendly document that is of greater utility to the citizens of the county, those persons who use the Code on a routine basis, as well as County officials and staff; and

WHEREAS, the BOCC recognizes that the work of ordinance codification is an ongoing process that requires a continuing effort by various County officials and staff, and it is the goal of the BOCC to ensure that the Code is kept current and of maximum use and clarity;

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY:

Section 1. The Code entitled "Monroe County, Florida Code," published by Municipal Code Corporation, consisting of chapters 1 through 146, each inclusive, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before October 17, 2007, and not included in the Code or recognized and continued in force by reference therein, are repealed except for

(a)

Ordinance 026-1999 concerning the length of service award program for volunteer fire personnel and emergency medical services personnel which was never codified, and will be included in the first supplement to the code.

(b)

former Sections 13.5-3 (a)(2) and (3), 13.5(b) in its totality concerning the serving of alcoholic beverages at the restaurant at Higg's Beach which was inadvertently omitted.

Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine of not less than $15.00 nor more than $500.00, imprisonment for a term not exceeding 60 days, or any combination thereof. Except as otherwise provided by law or ordinance, with respect to violations of the Code that are continuous with respect to time, each day that the violation continues is a separate offense and with respect to violations that are not continuous with respect to time, each violation is a separate offense.

Section 5. Additions or amendments to the Code when passed in such form as to indicate an intention to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. Ordinances adopted after October 17, 2007, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 7. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered.

Section 8. This ordinance shall be filed in the Office of the Secretary of the State of Florida.

Section 9. This ordinance shall become effective on March 1, 2009.

PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 28th of January 2009.

Mayor George Neugent	_____ Yes
Mayor Pro Tem Sylvia J. Murphy	_____ Not Present
Commissioner Kim Wigington	_____ Yes
Commissioner Heather Carruthers	_____ Yes
Commissioner Mario Di Gennaro	_____ Not Present

 

Attest:	BOARD OF COUNTY COMMISSIONERS
/s/ DANNY L. KOLHAGE, CLERK	OF MONROE COUNTY, FLORIDA
By/s/  _____ Deputy Clerk	_____
By/s/  _____ George Neugent Mayor