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Item T2 BOARD OF COUNTY COMMISSIONERS Agenda Item Summary Meeting Date April 21, 2004 Division County Attorney AGENDA ITEM WORDING Public hearing of an ordinance establishing a dog park at Higgs Beach County Park in Key West. ITEM BACKGROUND PREVIOUS RELEVANT BOCC ACTION Approval to advertise for one public hearing at the March 17, 2004 meeting. CONTRACT I AGREEMENT CHANGES STAFF RECOMMENDATIONS Approval. TOTAL COST BUDGETED Yes No COST TO COUNlY SOURCE OF FUNDS APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL: o JOHN R. COLLINS DOCUMENTATION: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # I~ Commissioner Spehar ORDINANCE NO. - 2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ADDING SEC. 13.5-5 (p), MONROE COUNTY CODE, IN ORDER TO ESTABLISH A DOG PARK AT HIGGS BEACH COUNTY PARK OF KEY WEST; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board Of County Commissioners Of Monroe County, Florida, haye received a request to establish a dog park at Higgs Beach, in the City of Key West, Monroe County, Florida; and WHEREAS, Key West is well known as a dog friendly town; and WHEREAS, it is not uncommon for dogs to go to work with their owners in Key West; and WHEREAS, many Key West open air dining and drinking establishments welcome dogs with their owners and even provide water for their canine yisitors; and WHEREAS, restrained dogs are allowed in some of the local parks frequented by toddlers and the elderly who are susceptible to injury from unrestrained dogs; and WHEREAS, a dog park would provide the following benefits: a specific safe place for dogs to play, preventing dog infringement and waste in other areas, owners monitoring pet waste clean-up, requirement of proof of vaccinations and licenses to enhance compliance with County Codes, and users of the park may deter crime in neighboring areas; now therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. following: Sec. 13.5-5, Monroe County Code is hereby amended by the addition of the (p) A dog park may be established at Higgs Beach, Monroe County, Florida, located as set forth in attachment A, provided that said park shall meet the following minimum requirements: (i) There shall be a fence four to six feet high with a minimum access of a double entry gate and one maintenance gate. (ii) There shall be an area partitioned off for use by small dogs (under 25 pounds). (iii) There shall be a waste disposal station with plastic bags and a covered garbage can by each entry gate. (iv) Lighting and water utilities shall be provided. (v) There shall be signage with rules for park use. Such rules shall include, but not be limited to: (A) Owners must clean up after pets and properly dispose of waste. (B) Pets exhibiting aggressive behavior or creating a nuisance must be immediately removed from the park. . (C) Children under age 6 are not allowed. Children under 16 must be accompanied by an adult. (D) All dogs must have current rabies yaccinations and County licenses and be wearing their tags while in the park. (E) Dogs in heat, ill and having excessive fleas, ticks, or other internal or external parasites are not allowed. (F) All dogs must be accompanied at all times by an adult human owner or handler. (G) There shall be no more than three dogs per owner or handler per visit. (H) Puppies under 4 months are not allowed. (I) If a dog digs, the dog must be stopped immediately and the owner/handler must fill the hole. (J) Park gates may not be left open at any time. (K) No rollerblades, skateboards, or bicycles are allowed in the dog park. (L) The hours shall be from 6 am to 11 pm daily. (M) The County Commission may establish additional rules governing the dog park by further ordinance. Section 2. 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 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. 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 uniform 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2004. Mayor Murray Nelson Mayor Pro Tem David Rice Commissioner Charles McCoy Commissioner George Neugent Commissioner Dixie Spehar (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson jordParkHiggsDogs EXHIBIT A v CE8J -< 10 CE8J ~ "' 2' n CE8J ~ -< -< '" o~ ~o ~ (/J 0 (/) OJ () l> m r )> 0 f!1 ~ () l) II" I ~ n 0 0 l) 30 ~ ~ 0 f"' I 0 /0 ~ G) Q /0 lJ >: "0 n Gi , 0 ~ )> ~ ioo ~ ::u OJ t A ~ i '" 0 ~ n ~ -, WHAL TON STREET ....m "''" iniij ~~ ~;;J -<Ii m "'~ ~~ '" ': ..... -... AC -.. TrnJ, JIII:tC/$ .aa ..xl PARI /aT nn MtJlIII,OI CDunT. ,LOJt/1JA MONROE COUNTY PUBLIC WORK. Engineering Department 1100 -..oN'T"ON .........,.. :' ~ _..-- CJa04D 305-202-4426 -.. o..w IS. P.t.. ".- ........... 'OF' SHU'l' f'/J'U: JflIIIUJ01l8. IUIT PUll ..... Your Upper Keys Connection Ad#4991100 Higgs Dog Park . NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE . THE REPORTER P.O. Box 1197. Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-0199 PROOF OF PUBLICATION NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, April21, 2004, at 3:00 PM atthe Harvey Government Center- Truman School, 1200 Truman Avenue, Key West, Monroe Coun- ty, Florida, the Board of County Commissioners of Monroe County, Flori- da, intends to consider the adoption of the follow- ing County ordinance: STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared JACKL YN R. HARDER who on oath, says that she is ASSOCIATE PUBLISHER/EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being LEGAL NOTICE in said newspaper in the issue of: March 26th and April 2nd 2004 Affiant further says that THE REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper and that The Reporter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertiseme ts. f1 AN 0RIJIIfIANCE'OF 'DIE IKWID OIfCOUll- TYCO-lIl1f.Jor_: tl(ll:lla".w~l F~AODING SEC. 13.M (P1MON- ROECOUNTre'ODE, IN ORDER TO ESTAB.. ~. LISHADOG PARK AT Higgs Beach COUNTY PARK of Key West; PROVIDING FOR SEV- ERABILITY; PROVID- ING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HERE- WITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF OR- DINANCES; AND PRO- VIDING AN EFFECTIVE DATE. , Pursuant to Section 286.0105, Florida Stat!-ltes; notice is given that If a person decided to appeal any decision made by the Board with respect to any matter considered at such hear- ings or meetings, he will need a recordofthe pro- ceedings, and that, folX such purpose , he ma~ ~ need to ensure that a -._;;t:' batim record ofthe pr<;>gp 'Z ,ceedings is made, whilMlr: ...- record includes the tes~. r- m~ny and evidence uP<2S?? ,WhiCh the appeal is to bE?' c based. -tnr . -i,.....:r: , ...... )> Copies of the above-ref-"", c> erenced ordinance are r- fTI available for. review at th~ various pUblic libraries in Monroe County, Florida. . Dated at Key West Flori- . da, this 19th day of' March,2004. DANNY L. KOLHAGE Clerk ofthe Circuit Co~rt and ex officio Clerk of the Board of County Com- missioners of Monroe County, Florida Notary !'..................................H...~ i_FRAN WHALeY-EASTWOOO ! i . ~"~~' ~ CammIJ ODGa4l1lM3 i .. . Elcpl-II28I2OO7: I ~.. 8DncIed twu (~: I 'Iiot! ~ l'loltcIa . ............................~~.:;j (SEAL) Publish: 03/26/04 & 04102/04 The Reporter Tavernier, FL 33070 ~ C::l C::l ..:- :::& :pot -< I ...... "T1 - r- fT\ o .." o ::0 ::0 fT\ c; o :::JJ r::; "'0 ::It ~ c.n "" FLORIPA HI rs KEYNOTER Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE' Before the undersigned authority person- ally appeared WAYNE MARKHAM who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: d e(s) of publication) g Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year Jlext preceding the first publication of the attached copy of advertisement. The affiant further says that he has 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(s) and that The Florida Kevs Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. f.......... . ...iN.H~~...H..! DD02817e3 i p~j~1 11N7~ i . ~... (8CIO)a2-4254: t ~',lt~I~\'~ FIoridI NoIIlry Alan Inc : i.... ..................................1...... No. 6017600 Nonca OF INTENTION TO ~1It AOOP1'1ON OF CGUNTYOItDINANCE I NOTICE IS HEREBY GIVEN TO I WHOM IT MAY CONCERNlhet , on~.AprlI21,2004, I :n=t~~~H~~ '-~. 1200 Truman A"."ue, I Key Wtiet, Monroe County, Florida. the Boerd of . CommIselonera of Man County, Florlda, Intends to con iiidei' the adoption of the follow Ing County ordinance: AN OIlDINANCE OF THE BOARD OF COUNTY COM- .....ONEII. OF MONROE COUIITY. I'LOIIIDA, ~ '8uJIy"'~~' IN 0IIH11 TO E.TA8LI.H DOG PAliK AT ..... HACH cowny. PA1IK OF = .w.-.a~. PlIO VIDlNlI FOil THE OF ALL OIID1NANCE. ==='NII~ RA110II . INTO THI RDeCOUNTY CODE OF 011 DINANCtISJ AND PROVID- ING AN EI"ECTIVE DATE. Purluant to Section 286.0105, Floride Stetutel, notice I. glven theJ.:'; ':.'c'l':.n~ : :; C;; with respect to lIIlY mat tef conlidered at 8Udl heerlngl ~r~ln~ ~o~~~, "~d ~ f...... ~..'"... pU~I.,,~..1IIay IIMd to enlure thlt V8fbetim rscord of thl P In II msde, which rlCord I th8 tllatimony 8I1d I upon whlc:h th811p~ is to beb_d. COI>iH of .thl 8bo~ced ordlnenCl 111"1 svlltNlbls for re- vltlw It thl v8rlou8 public llbrlll"- Itll in Monroe County, Florldl. Datld It KIY WIlt, Florlde. this 1 9th dey.af Mlrch. 2004. D~Yl.KOLHAGE,C~~Of thl CIrcuit Court emd'IX offielo C/II'k of thlll,owd of COUll Commlllionen ofMonrOl County, Aor Publl.h M..ch 27, Apr1I3, 2004 Floride K"YI Keynotlr /'00;1 ~ C::>> " Q C::>> ::r: )> J:- r- >>(")Z ,. ", Qr-2 ;, CI "'~-< "Or ..." o . .c- O c::-~ :u 2::00 -(") r- ~ :u :<:-t::r: I'Tl .... )> W n r- C') .. 0 .,. ..,., W :xJ 0 ~(P3 amzm The Florida Kays Only Dally N__per, Est. 1876 Cooke Communications, LLC Florida Keys Mary Beth Canitano Advertising Coordinator PO Box 1800 Key West FI 33041 Office...... ... .305-292-7777 Extension...... ... ........x219 Fax......... ....305-294-0768 mcanitano@keysnews.com INTERNET PUBLISHING keywesl.com keysnews.com floridakeys.com key-wesl.com Web Design Services NEWSPAPERS The Cnizen Southernmost Flyer Solares Hill Big Pine Free Press Marathon Free Press Islamorada Free Press Key largo Free Press Ocean Reef Press Seaport log MAGAZINE The Menu Home Guide Cnizen local's Guide Paradise Keys TV Channel Guide MARKETING SERVICES Commercial Printing Cnizen locals Card Direct Mail FLORIDA KEYS OFFICES Printing I Main Facility 3420 Northside Drive Key West, Fl 33040-1800 Tel 305-292-7777 Fax 305-2~768 citizen@keywest.com Internet Division 1201 Wlfte Street (Suite 103) Key West, Fl 33040-3328 Tel 305-292-1880 Fax 305-294-1699 sales@keywesl.com Middle Keys Office 6363 Overseas Hwy Marathon, Fl (MM 52.5) 33050-3342 Tel 305-743-8766 Fax 305-743-9977 navigator@lloridakeys.com Upper Keys Office 81549 Old Hwy PO Box 469 Islamorada. Fl (MM81.5) 33036-0469 Tel 305.Q64-2266 Fax 305.Q64-8411 freepress@fIoridakeys.com Ocean Reef Office 3A Barracuda lane Key largo, Fl 33037 Tel 305-3674911 Fax 305-367-2191 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice-President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; th e ttached py of advertiseme t, being a legal notice in the matter of' - In the issues of Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every 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 I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has 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. #t~.l, 0 ~ ::] '.'to- :JI: ;- , , '" ,': :;~ Slgnatur~~Mf1ant ::0 -of C') r- -0 ;:0 :< :-1 ::r~ :J: .'1 .., :;,;,. w () Sworn and subscribed before me tbisIll day o~~ ~ :~004 Expires: January 15,2007 Notary Seal "'~~~~';::;"" MARY BETH CANITANO i/",o: ~"" . " >\Nolary Public - Slate of Florida ~:,', ~ .. ;JMyCcmm~ExJ:i"esJa115.2007 o"~'. :" >..::..- CommiSSion # DD178046 ...."..",.' Bonded By National Notary Assn. --....~_\tJ Personally Known x Produced Identification Type of Identification Produced WJ iN1'8ITIOk"""To C0N- SIDER ADOPTION OF COUNTY ORDI. twICE NOTICE IS HEREBY GIVEN TO WHOM IT MAYCOI\jCERN that on Wednesday, April 21, 2004, at 3:00 PM at the Harvey Government Cen- ter - Truman School, 1200 Truman Avenue, Key West, Monroe County, Florida; the Board of County Com" missioners of Monroe County, Flori- da, intends to !X)nsider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ADDING SEC. 13.5-5 (p), MONROE COUNTY CODE, IN ORDER TQ ES- TABLISH A DOG PARK AT HIGGS BEACH COUNTY PARK OF KEY WEST; PROYIDING FOR SEYERA- BILlTY; PROYIDING FOR THE RE- PEAL OF ALL ORDINANCES IN- CONSISTENT HEREWiTH; PRO- VIDING FOR INCORPORATION IN- TO THE MONROE COUNTY CODE OF ORDINANCES; AND PROYID- ING AN EFFECTIYE DATE. Pursuant to Section 286.0105, Flori- da Statutes, notice is given that if a person decided to appeal any deci- sion made by the Board with respect to any matter considered at such hearings or meetings, he will need a ~ecord of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal' is to be based. Copies of the above-referenced ordi- nance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Florida, this 19th day of March, 2004. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida March 28 & April 4, 2004