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Item Q10 * 3:00 p.m. Public Hearing BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 17, 2013 Division: Engineering Bulk Item: Yes X No Department: Public Works Kevin Wilson, 453-8797 Staff Contact Person: Pedro Mercado, 292-3470 AGENDA ITEM WORDING: Continuation of public hearing to consider adoption of an ordinance amending Section 18-27 of the Monroe County Code adding The Murray E. Nelson Government Center Park and establish rules and regulations regarding the operation of the park and the conduct of those visiting the park. ITEM BACKGROUND: Chapter 18. Parks and Recreation, Article H. Conduct in Specific Parks, defines the boundaries of specific parks in Monroe County and establishes rules and regulations for those parks named within this section. As The Murray E. Nelson Government Center Park becomes more widely utilized by the residents of and visitors to Monroe County, it has become apparent that the boundaries of the park need to be clearly defined and rules and regulations need to be established to maintain the beauty and resources of the park and ensure the protection and safety of its many visitors. Adoption of this ordinance will add The Murray E. Nelson Government Center Park to Section 18.27 of the Monroe County Code and establish rules and regulations regarding the operation of the park and the conduct of those visiting the park. PREVIOUS RELEVANT BOCC ACTION: On 7/29/13, BOCC approved scheduling Public Hearing for 8/21/13 at 3:00 p.m. in Key Largo, FL; the public hearing was continued to 9/17/13. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: Advertising Cost BUDGETED: Yes _ No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# ORDINANCE-2013 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 18-27, MONROE COUNTY CODE, BY THE ADDITION OF THE MURRAY E. NELSON GOVERNMENT CENTER PARK TO SECTION 18-27(a); AMENDING SECTION 18-27(c) SETTING HOURS OF OPERATION FOR THE MURRAY E. NELSON GOVERNMENT CENTER PARK; AMENDING SECTION 18-27(1) ALLOWING PETS AT THE MURRAY E. NELSON GOVERNMENT CENTER PARK; AMENDING SECTION 18-27(n)PROHIBITING SKATING,ROLLERBLADING OR SKATEBOARDING AT THE MURRAY E. NELSON GOVERNMENT CENTER PARK; ADDING SECTION 18-27(o) PROHIBITING DOCKING,EMBARKING OR DISEMBARKING A VESSEL FROM THE PIER OR THE SEAWALL AT THE MURRAY E. NELSON GOVERNMENT CENTER PARK EXCEPT OFFICIALS ON OFFICIAL GOVERNMENT BUSINESS; ADDING SECTION 18-27(p) PROHIBITING THE USE OF ALCOHOL; ADDING SECTION 18-27(q) PROVIDING FOR PENALTIES; 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, under Florida Statute section 125.01(1)(f) the Board of County Commissioners (BOCC) for Monroe County is granted the authority, among others, to provide parks, playgrounds and recreation areas; and WHEREAS, BOCC finds that the creation of parks and recreation areas are in the best interests of the citizens of Monroe County; NOW THEREFORE,BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA,AS FOLLOWS: [Proposed Text Changes are presented in str-ikethFou to indicate deletions and underline to indicate additions.] SECTION 1. Sectionl8-27, Monroe County Code, is hereby amended to read as follows: (a) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Bay Point Park means the area described as follows: Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 2, Bay Point Amended Plat,Bay Point Key according to the Plat thereof as recorded in Plat Book 3, Page 75 of the Public Records of Monroe County, Florida, RE#'s 00160060, 00160070, 00160080, 00160090, 00160100-0160130. Bernstein Park means the area described as follows: Lots 1, 2, 3, 4 and 5, Block 57, George L. McDonald's Plat of Part of Stock Island, less the Westerly eight feet of Lot 1 and less the Easterly 30 feet of Lot 5, according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. Also a parcel of submerged land lying South of such Block 57, less that portion sold to Stock Island Utility Company by Warranty Deed recorded in Official Records Book 866, Pages 2446- 2450, of the Public Records of Monroe County, Florida, TWP. 67/68 RNG. 25 SEC. 35, 36 &2 RE# 12385 OR 380-381-382. Big Coppitt Volunteer Fire Department Park means the area described as follows: Block 4, Lots 3, 4 and 5 Coppitt Subdivision Amended Plat, Big Coppitt Key, OR: 761- 408, Plat Book: 4-50, Section 22,Township 67S,Range 26E. Big Pine Key Park means Tract A, Whispering Pines Subdivision, Plat #3 as recorded in Plat Book 4 at Page 59 in the Public Records of Monroe County, Florida (RE#286360-000000)formerly known as Mariners Resort. Burr Beach Park means the area described as follows: Section 33, Township 62, Range 38, Park Sunny Haven PB1-185 Key Largo (Alternate Key: 8654944, Parcel ID: 00557181-000000). Friendship Park means the area described as follows: Lots 29, 30, 31 and 32, Block 2, Hibiscus Park Subdivision. Lots 15, 16, 17, 18, 19, 20 and 21, Block 4, Industrial Acres Subdivision, Section 22 &27,Township 61S,Range 39E. Garden Cove Park means the area described as follows: Tract F, Key Largo Beach, a subdivision in Section 33, Township 61 South, Range 39 East, Key Largo Key, Monroe County, Florida, as recorded in Plat Book 2, page 149, Public Records of Monroe County, Florida. Harry Harris Park means the area described as follows: Portions of Government Lot 3 and 4, Section 27, Township 62S, Range 38E, lying in open waters of Tavernier Harbor and Florida Bay. Government Lot 3, Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida, as per Government Township Map made in 1873 and approved by the Surveyor-General in 1874, less the following described portion thereof, that is above the mean high tide line: Beginning at the SE corner of such Government Lot 3 and run N on the E line of Government Lot 3, a distance of 27 feet more or less to the mean high tide line on the shore of Florida Bay; thence SW'ly meandering such mean high tide line, a distance of 55 feet more or less to the S line of such Government Lot 3; thence E on the S line of such Government Lot 3; a distance of 38 feet more or less to the point of beginning. Government Lot 4 in Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida, as per Government Township Map made in 1873 and approved by the Surveyor-General in 1874, less the following described portion thereof, that is above the high tide line: Beginning at the SW corner of Government Lot 4 and run E on the S line of such Government Lot 4, a distance of 220 feet more or less to the shore line on the W side of Tavernier Harbor; thence NW'ly along such shore line a distance of 400 feet more or less to the W side of such Government Lot 4, thence S 13 of 30' W along such W side of Government Lot 4, a distance of 400 feet more or less to the point of beginning. The above two parcels contain a net acreage of 70.98 acres, more or less. Key Largo Community Park means Lots 312 to 384, Port Largo Fourth Addition, Section 33, Township 61S, Range 39E, Monroe County, Florida. This parcel contains 615,623 square feet. Little Duck Key Park means the area described as follows: Little Duck Key, Lot 1, Section 19, Township 66S, Range 31 E, OR: 15-374-376, RE# 00106160-000000; Alternate Key: 1124800. Murray E. Nelson Government Center Park means the area described as follows: 2ND AMD & REV PLAT OF LEE SHORES PB2-97 KEY LARGO N1/2 TR 8 & TRS 9-10 & ADJ BAY BTM & ADJ PORTION ST RD 5 OR512-169 OR512-170 OR622- 309/11 OR608-40 OR770-1102 OR774-368 OR797-1146 OR800-1968 OR805-465 OR824-256 OR981-1340/41 OR1335-330/32 OR2025-911/912AFFD OR2025- 899/07P/R,RE#00543060-000000. Old Settlers Park means the area described as follows: A tract in Government Lot 2, Section 34, Township 62 South, Range 38 East, comprising portions of Lots 16 & 179 according to the George L. McDonald Plat of the Albury property, as recorded in Plat Book 1, Page 64, RE# 90020, 90030, 90040-0001, 90070, 90090, 90100, 90120 and 90130 and that portion of Lot 16 as identified in Book 397 Page 737 of the Official Records of Monroe County. Palm Villa Park means the area described as follows: Park-Palm Villa, Big Pine Key RE# 00285080-00000; Plat Book 1-89, Section 23, Township 66S, Range 29E (.61 acres) Ramrod Park means Lot 2, Block 3, Silver Shore Estates, according to the plat thereof as recorded in Plat Book 4, Page 111 of the public records of Monroe County, Florida,RE#00211080-000000. Sunset Point Park means the area described as follows: Tract A of Sunset Point, according to the Plat thereof, recorded in Plat Book 2, Page 81 of the Public Records of Monroe County, Florida, together with all riparian rights thereunto belonging or in any use appertaining, less the following tracts: Less that part of Tract 4 above described as platted in Sunset Point Addition, according to the Plat thereof, recorded in Plat Book 3, Page 41 of the Public Records of Monroe County, Florida, and thereon referred to as Lot 12 and Sunset Lane; and Less a tract or strip of land ten feet wide and extending from the "Boat Basin" as shown on the plat of Sunset Point Addition above referred to and running parallel to the SW'ly boundary line of such Lot 12 and the SW'ly line of Sunset Lane and as shown on such plat and such strip ten feet wide extending as above stated from the "Boat Basin" to the north line of Sunset Road. Watson Field Park means the area described as follows: Section 23 Township 66 Range 29 Pine Key Acres TRACT U OR801-854, RE # 00111072-046000 and Section 23 Township 66 Range 29 Pine Key Acres TRACT II OR801-854, RE # 00111072- 045000, Big Pine Key. Wilhelmina Harvey Park means the area described as follows: Block 2. Lot 4, 5, 6 and 7, amended Plat of Coppitt Subdivision, Section 22, Township 67S, Range 26E as recorded in Plat Book 4, Page 50 of the Public Records of Monroe County, Florida. Such amended plat is a resubdivision of that subdivision originally recorded in Plat Book 3, Page 116. (b) Posting signs of enhanced penalties under F.S. § 893.13(1)(d). The director of facilities maintenance shall place signs warning of enhanced penalties under F.S. § 893.13(1)(d) for persons selling, manufacturing, delivering, or possessing with the intent to sell, manufacture, or deliver, a controlled substance within 200 feet of the parks listed in subsection (a) of this section. The signs shall be placed at each park entrance and at other locations near the parks' boundaries as the director of facilities maintenance shall consider likely avenues of exit and entry. (c) Park hours. (1) The parks and beaches listed above are open to the public,Monday through Sunday, from 7:30 a.m. until sunset with the following exceptions: •Bay Point Park and Bernstein Park are open every day from 7:30 a.m. until 10:30 p.m.; •Big Coppitt Volunteer Fire Department is open every day from 7:30 a.m. until 10:00 p.m.; •Burr Beach Park is open every day from sunrise until sunset; •Friendship Park is open every day from 7:30 a.m. until 8:30 p.m.; •Key Largo Community Park is open every day from 7:00 a.m. to 9:00 p.m.; • Murray E. Nelson Government Center Park is open every day from 7:00 a.m. until 9:00 p.m. •Big Pine Key Park is open every day from 7:30 a.m. to 8:30 p.m.; •Watson Field Park is open every day from 7:30 a.m. to 10:00 p.m. (2)All persons and their vehicles that enter the parks during the open hours must leave the parks by closing time,unless prior approval has been granted by the Monroe County Public Facilities Maintenance Director or his/her designee,by way of a use form for a specific event. Any vehicles in the parks when the parks are closed will be towed away at the vehicle owner's expense. (d) Special events and assemblies. (1) Any person or organization that holds or conducts at any of the parks listed above, a public assembly that is subject to Ordinance No. 030-1996 (ch. 10.5, art. II) must obtain approval under the provision of that ordinance. (2) Any person or organization who holds or conducts any special events or assembly not subject to Ordinance No. 030-1996 (ch. 10.5, art. II)must obtain approval and scheduling through the parks and recreation coordinator(the coordinator) subject to already scheduled activities. A complete application and proof of insurance (if required)must be submitted to the coordinator at least seven days prior to the event or assembly. (3) Athletic activity organizers who wish to use the recreational playing field on multiple occasions during a sports season must obtain approval from and schedule their activities with the coordinator before the beginning of the season. (4) Athletic activity organizers who wish to use the tennis courts for tournaments, etc., must schedule their activities with the coordinator before the beginning of any such event. (5) Events charging admission shall only take place in the area designated by the county parks and recreation division and the admission fees shall be collected only at such area as the coordinator designates. (e)Tennis court, basketball court, and ballfield lights. Tennis court, basketball court and ballfield lights may be used Monday through Sunday from ten minutes before sunset until closing time. Only public works employees may operate the lights. The use of the ballfield lights must be approved by the county parks and recreation coordinator in advance. Requests for the use of ballfield lights must be in writing, submitted to the coordinator no later than 48 hours for weekdays and 72 hours weekend use prior to the intended dates, on an approved county use form. (f) Fires permitted only in designated areas. No person shall cook or light or maintain any cooking fire, campfire, or other fire at any park except in county-provided permanently installed grill structures or personal barbecue grills in designated areas. (g) Signs. The director of facilities maintenance must post each park entrance with a sign briefly summarizing the park rules established by this chapter. (h) Admission fees (noncounty residents only). Federal holidays and weekends. Admission fee for Harry Harris Park is $5.00 per person plus an additional $10.00 boat ramp fee for watercraft vessels with trailers. (i) Golf balls. No person may hit or otherwise propel, place or leave golf balls in any county park. 0) Commercial activities. There shall be no commercial activity of any type on any county beach or park, including, but not limited to, those listed in this section, without a lease or license from the county. (k) Prohibited domestic animals; exceptions. Except for animals that assist disabled persons, and except as provided in subsections (1) and (m) of this section, domestic animals are prohibited from all county parks. No person may cause or allow any domestic animal (of whatever size), other than an animal that assists a disabled person, to be brought to, or remain on, any county park other than those listed in subsection (1) and (m) of this section. (1) Pet regulations. (1) Pets are allowed at Key Largo Park, Old Settlers Park,Wilhelmina Harvey Park, Sunset Point Park, Murray E. Nelson Government Center Park and in those parts of Harry Harris Park, Higgs Beach County Park, and Watson Field Park specified in subsection(1)(2) of this section, subject to the following regulations: a. Pets must be leashed on a leash no greater than eight feet long,unless and while in the water and wet sand area of Sombrero Beach Park; b. Owners must clean up after pets and properly dispose of waste. The county shall provide Mutt Mitts and Doo-Drop In stations for this purpose; and c. Pets exhibiting aggressive behavior or creating a nuisance must be immediately removed from the park. (2) Pets are allowed at Higgs Beach County Park in Key West on paved surfaces and on the open spaces lying southerly and easterly of West Martello Towers, and southerly and easterly of the fence surrounding the FAA tower parcel. In Harry Harris Park, pets are allowed in the green area north of the boat ramp with the exception of the ballfield. In Watson Field Park, pets are allowed in the fenced area east of the softball fields, west of the tennis courts and south of South St. (3) Pets are allowed at Ramrod Park subject to the following regulations: 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 by the owner; c. All dogs must have current rabies vaccinations and county licenses and be wearing their tags while in the park; d. Dogs in heat, ill and having excessive fleas, ticks, or other internal or external parasites are not allowed; e. All dogs must be accompanied at all times by an adult human owner or handler; f. There shall be no more than three dogs per owner or handler per visit; g. Puppies under four months are not allowed; and h. If a dog digs,the dog must be stopped immediately and the owner/handler must fill the hole. (m) Greenspace. An open greenspace may be enclosed at Higgs Beach County Park, located as set forth in attachment A to the ordinance from which this section is derived, provided that the enclosed greenspace shall meet the following minimum requirements: (1) There shall be a fence four to six feet high with a minimum access of a double entry gate and one maintenance gate. (2) There shall be an area partitioned off for use by small dogs (under 25 pounds). (3) There shall be a waste disposal station with plastic bags and a covered garbage can by each entry gate. (4) Lighting and water utilities shall be provided. (5) There shall be signage with rules for enclosed greenspace 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 enclosed greenspace; c. Children under age six are not allowed. Children under age 16 must be accompanied by an adult; d. All dogs must have current rabies vaccinations and county licenses and be wearing their tags while in the enclosed greenspace; 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 four months are not allowed; i. If a dog digs,the dog must be stopped immediately and the ownerlhandler 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 enclosed greenspace; 1. The hours shall be from 6:00 a.m. to 11:00 p.m. daily; and m. The board of county commissioners may establish additional rules governing the enclosed greenspace by further ordinance. n. Pets are allowed at Key Largo Park, Old Settlers Park,Wilhelmina Harvey Park, Sunset Point Park, Big Pine Key Park,Murray E. Nelson Government Center Park and in those parts of Harry Harris Park, Higgs Beach County Park, and Watson Field Park specified in(o), subject to the following regulations: 1. Pets must be leashed on a leash no greater than eight feet long. 2. Owners must clean up after pets and properly dispose of waste. The county shall provide Mutt Mitts and Doo-Drop In stations for this purpose. 3. Pets exhibiting aggressive behavior or creating a nuisance must be immediately removed from the park. (n) Skating, rollerblading and skateboarding. 1. No person shall skate, rollerblade, skateboard or perform any similar activity in any area of Key Largo Community Park except where designated by posted signs. Rules regulating the use of the skate park at Key Largo Community Park shall be established by resolution of the board of county commissioners or the county's contracted park operator, shall be provided to users, and shall be posted at the skate park. (e) 2. No person shall skate, rollerblade, skateboard, play racquetball, handball, roller hockey, use the multi-purpose courts, fitness stations or perform any similar activity in any area of Big Pine Key Park except where designated by posted signs. Rules regulating the use of the skate park at Big Pine Key Park shall be established by resolution of the board of county commissioners or the county's contracted park operator, shall be provided to users, and shall be posted at the skate park. 3. No person shall skate, rollerblade skateboard or perform any similar activity in any area of the Murray E. Nelson Government Center Park (o) Docking, embarking and disembarking No person shall dock a vessel of any kind nor shall any person embark or disembark a vessel from the piers the seawall or any part of the property waterfront at the Murray E Nelson Government Center Park This subsection shall not apply to officials and vessels owned or operated by Monroe County on official County business or officials and vessels being used for official local state or federal government purposes. (p) Alcohol prohibited. (1) No person shall possess any container containing any alcoholic beverage while at the Murray E. Nelson Government Center Park. (2) The board of county commissioners may waive the provisions of this section by license agreement or upon a resolution of the board. However, any such waiver may only be granted to a nonprofit organization shall require the presence of security guards in the number the board determines necessary to preserve the public order, and shall require liability insurance naming the county as an additional named insured in a form and amount satisfactory to the county administrator. (g) PENALTIES. A violation of any of the provisions set forth in this section shall be punishable as provided in section 1-8 of the Monroe County Code of Ordinances. SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person,property, or circumstances. SECTION 3.CONFLICT WITH OTHER ORDINANCES. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 4.INCLUSION IN THE CODE OF ORDINANCES. 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 confirm to the uniform numbering system of the code. SECTION&EFFECTIVE DATE.This Ordinance shall take effect upon filing with the Department of State as provided in section 125.66(2),Florida Statutes. 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 2013. Mayor George Neugent Mayor Pro Tern Heather Carruthers CommissionerDanny Kolhage Commissioner David Rice Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN, CLERK OF MONROE COUNTY,FLORIDA By: By: Deputy Clerk Mayor/Chairperson M01 _ C N H EY ° PED mm - R ..� ASSISR'I' O J. ERC „EY Date * 3:00 p.m. Public Hearing BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 21, 2013 - KL Division: Engineering Bulk Item: Yes X No _ Department: Public Works Kevin Wilson, 453-8797 Staff Contact Person: Pedro Mercado, 292-3470 AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance amending Section 18-27 of the Monroe County Code adding The Murray E. Nelson Government Center Park and establish rules and regulations regarding the operation of the park and the conduct of those visiting the park. ITEM BACKGROUND: Chapter 18. Parks and Recreation, Article II. Conduct in Specific Parks, defines the boundaries of specific parks in Monroe County and establishes rules and regulations for those parks named within this section. As The Murray E. Nelson Government Center Park becomes more widely utilized by the residents of and visitors to Monroe County, it has become apparent that the boundaries of the park need to be clearly defined and rules and regulations need to be established to maintain the beauty and resources of the park and ensure the protection and safety of its many visitors. Adoption of this ordinance will add The Murray E. Nelson Government Center Park to Section 18.27 of the Monroe County Code and establish rules and regulations regarding the operation of the park and the conduct of those visiting the park. PREVIOUS RELEVANT BOCC ACTION: 7/29/13 BOCC approved scheduling Public Hearing for 8/21/13 at 1:30 p.m. in Key Largo, FL CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: Advertising Cost BUDGETED: Yes No_Cost BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# ORDINANCE-2013 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 18-27, MONROE COUNTY CODE, BY THE ADDITION OF THE MURRAY E. NELSON GOVERNMENT CENTER PARK TO SECTION 18-27(a); AMENDING SECTION 18-27(c) SETTING HOURS OF OPERATION FOR THE MURRAY E. NELSON GOVERNMENT CENTER PARK; AMENDING SECTION 18-27(l) ALLOWING PETS AT THE MURRAY E. NELSON GOVERNMENT CENTER PARK; AMENDING SECTION 18-27(n)PROHIBITING SKATING,ROLLERBLADING OR SKATEBOARDING AT THE MURRAY E. NELSON GOVERNMENT CENTER PARK; ADDING SECTION 18-27(o) PROHIBITING DOCKING,EMBARKING OR DISEMBARKING A VESSEL FROM THE PIER OR THE SEAWALL AT THE MURRAY E. NELSON GOVERNMENT CENTER PARK EXCEPT OFFICIALS ON OFFICIAL GOVERNMENT BUSINESS; ADDING SECTION 18-27(p) PROHIBITING THE USE OF ALCOHOL; ADDING SECTION 18-27(q) PROVIDING FOR PENALTIES; 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, under Florida Statute section 125.01(1)(f) the Board of County Commissioners (BOCC) for Monroe County is granted the authority, among others, to provide parks, playgrounds and recreation areas; and WHEREAS, BOCC finds that the creation of parks and recreation areas are in the best interests of the citizens of Monroe County; NOW THEREFORE,BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA,AS FOLLOWS: [Proposed Text Changes are presented in stFikethFOU to indicate deletions and underline to indicate additions.] SECTION 1. Sectionl8-27, Monroe County Code, is hereby amended to read as follows: (a) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Bay Point Park means the area described as follows: Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 2, Bay Point Amended Plat, Bay Point Key according to the Plat thereof as recorded in Plat Book 3, Page 75 of the Public Records of Monroe County, Florida, RE#'s 00160060, 00160070, 00160080, 00160090, 00160100-0160130. Bernstein Park means the area described as follows: Lots 1, 2, 3, 4 and 5, Block 57, George L. McDonald's Plat of Part of Stock Island, less the Westerly eight feet of Lot 1 and less the Easterly 30 feet of Lot 5, according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. Also a parcel of submerged land lying South of such Block 57, less that portion sold to Stock Island Utility Company by Warranty Deed recorded in Official Records Book 866, Pages 2446- 2450, of the Public Records of Monroe County, Florida, TWP. 67/68 RNG. 25 SEC. 35, 36 & 2 RE# 12385 OR 380-381-382. Big Coppitt Volunteer Fire Department Park means the area described as follows: Block 4, Lots 3, 4 and 5 Coppitt Subdivision Amended Plat, Big Coppitt Key, OR: 761- 408, Plat Book: 4-50, Section 22,Township 67S, Range 26E. Big Pine Key Park means Tract A, Whispering Pines Subdivision, Plat #3 as recorded in Plat Book 4 at Page 59 in the Public Records of Monroe County, Florida (RE#286360-000000)formerly known as Mariners Resort. Burr Beach Park means the area described as follows: Section 33, Township 62, Range 38, Park Sunny Haven PB1-185 Key Largo (Alternate Key: 8654944, Parcel ID: 00557181-000000). Friendship Park means the area described as follows: Lots 29, 30, 31 and 32, Block 2, Hibiscus Park Subdivision. Lots 15, 16, 17, 18, 19, 20 and 21, Block 4, Industrial Acres Subdivision, Section 22 & 27, Township 61S, Range 39E. Garden Cove Park means the area described as follows: Tract F, Key Largo Beach, a subdivision in Section 33, Township 61 South, Range 39 East, Key Largo Key, Monroe County, Florida, as recorded in Plat Book 2, page 149, Public Records of Monroe County, Florida. Harry Harris Park means the area described as follows: Portions of Government Lot 3 and 4, Section 27, Township 62S, Range 38E, lying in open waters of Tavernier Harbor and Florida Bay. Government Lot 3, Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida, as per Government Township Map made in 1873 and approved by the Surveyor-General in 1874, less the following described portion thereof, that is above the mean high tide line: Beginning at the SE corner of such Government Lot 3 and run N on the E line of Government Lot 3, a distance of 27 feet more or less to the mean high tide line on the shore of Florida Bay; thence SW'ly meandering such mean high tide line, a distance of 55 feet more or less to the S line of such Government Lot 3; thence E on the S line of such Government Lot 3; a distance of 38 feet more or less to the point of beginning. Government Lot 4 in Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida, as per Government Township Map made in 1873 and approved by the Surveyor-General in 1874, less the following described portion thereof, that is above the high tide line: Beginning at the SW corner of Government Lot 4 and run E on the S line of such Government Lot 4, a distance of 220 feet more or less to the shore line on the W side of Tavernier Harbor; thence NW'ly along such shore line a distance of 400 feet more or less to the W side of such Government Lot 4, thence S 13 of 30' W along such W side of Government Lot 4, a distance of 400 feet more or less to the point of beginning. The above two parcels contain a net acreage of 70.98 acres, more or less. Key Largo Community Park means Lots 312 to 384, Port Largo Fourth Addition, Section 33, Township 61S, Range 39E, Monroe County, Florida. This parcel contains 615,623 square feet. Little Duck Key Park means the area described as follows: Little Duck Key, Lot 1, Section 19, Township 66S, Range 31 E, OR: 15-374-376, RE# 00106160-000000; Alternate Key: 1124800. Murray E. Nelson Government Center Park means the area described as follows: 2ND AMD & REV PLAT OF LEE SHORES PB2-97 KEY LARGO N1/2 TR 8 & TRS 9-10 & ADJ BAY BTM & ADJ PORTION ST RD 5 OR512-169 OR512-170 OR622- 309/11 OR608-40 OR770-1102 OR774-368 OR797-1146 OR800-1968 OR805-465 OR824-256 OR981-1340/41 OR1335-330/32 OR2025-911/912AFFD OR2025- 899/07P/R. RE#00543060-000000. Old Settlers Park means the area described as follows: A tract in Government Lot 2, Section 34, Township 62 South, Range 38 East, comprising portions of Lots 16 & 17, according to the George L. McDonald Plat of the Albury property, as recorded in Plat Book 1, Page 64, RE# 90020, 90030, 90040-0001, 90070, 90090, 90100, 90120 and 90130 and that portion of Lot 16 as identified in Book 397 Page 737 of the Official Records of Monroe County. Palm Villa Park means the area described as follows: Park-Palm Villa, Big Pine Key RE# 00285080-00000; Plat Book 1-89, Section 23, Township 66S, Range 29E (.61 acres) Ramrod Park means Lot 2, Block 3, Silver Shore Estates, according to the plat thereof as recorded in Plat Book 4, Page 111 of the public records of Monroe County, Florida, RE#00211080-000000. Sunset Point Park means the area described as follows: Tract A of Sunset Point, according to the Plat thereof, recorded in Plat Book 2, Page 81 of the Public Records of Monroe County, Florida, together with all riparian rights thereunto belonging or in any use appertaining, less the following tracts: Less that part of Tract 4 above described as platted in Sunset Point Addition, according to the Plat thereof, recorded in Plat Book 3, Page 41 of the Public Records of Monroe County, Florida, and thereon referred to as Lot 12 and Sunset Lane; and Less a tract or strip of land ten feet wide and extending from the "Boat Basin" as shown on the plat of Sunset Point Addition above referred to and running parallel to the SW'ly boundary line of such Lot 12 and the SW'ly line of Sunset Lane and as shown on such plat and such strip ten feet wide extending as above stated from the "Boat Basin" to the north line of Sunset Road. Watson Field Park means the area described as follows: Section 23 Township 66 Range 29 Pine Key Acres TRACT U OR801-854, RE # 00111072-046000 and Section 23 Township 66 Range 29 Pine Key Acres TRACT II OR801-854, RE # 00111072- 045000, Big Pine Key. Wilhelmina Harvey Park means the area described as follows: Block 2. Lot 4, 5, 6 and 7, amended Plat of Coppitt Subdivision, Section 22, Township 67S, Range 26E as recorded in Plat Book 4, Page 50 of the Public Records of Monroe County, Florida. Such amended plat is a resubdivision of that subdivision originally recorded in Plat Book 3, Page 116. (b) Posting signs of enhanced penalties under F.S. § 893.13(1)(d). The director of facilities maintenance shall place signs warning of enhanced penalties under F.S. § 893.13(1)(d) for persons selling, manufacturing, delivering, or possessing with the intent to sell, manufacture, or deliver, a controlled substance within 200 feet of the parks listed in subsection (a) of this section. The signs shall be placed at each park entrance and at other locations near the parks' boundaries as the director of facilities maintenance shall consider likely avenues of exit and entry. (c) Park hours. (1) The parks and beaches listed above are open to the public, Monday through Sunday, from 7:30 a.m. until sunset with the following exceptions: • Bay Point Park and Bernstein Park are open every day from 7:30 a.m. until 10:30 p.m.; • Big Coppitt Volunteer Fire Department is open every day from 7:30 a.m. until 10:00 p.m.; • Burr Beach Park is open every day from sunrise until sunset; •Friendship Park is open every day from 7:30 a.m. until 8:30 p.m.; • Key Largo Community Park is open every day from 7:00 a.m. to 9:00 p.m.; • Murray E. Nelson Government Center Park is open every day from 7:00 a.m. until 9:00 p.m. • Big Pine Key Park is open every day from 7:30 a.m. to 8:30 p.m.; •Watson Field Park is open every day from 7:30 a.m. to 10:00 p.m. (2) All persons and their vehicles that enter the parks during the open hours must leave the parks by closing time, unless prior approval has been granted by the Monroe County Public Facilities Maintenance Director or his/her designee,by way of a use form for a specific event. Any vehicles in the parks when the parks are closed will be towed away at the vehicle owner's expense. (d) Special events and assemblies. (1) Any person or organization that holds or conducts at any of the parks listed above, a public assembly that is subject to Ordinance No. 030-1996 (ch. 10.5, art. II) must obtain approval under the provision of that ordinance. (2) Any person or organization who holds or conducts any special events or assembly not subject to Ordinance No. 030-1996 (ch. 10.5, art. II)must obtain approval and scheduling through the parks and recreation coordinator(the coordinator) subject to already scheduled activities. A complete application and proof of insurance (if required) must be submitted to the coordinator at least seven days prior to the event or assembly. (3) Athletic activity organizers who wish to use the recreational playing field on multiple occasions during a sports season must obtain approval from and schedule their activities with the coordinator before the beginning of the season. (4) Athletic activity organizers who wish to use the tennis courts for tournaments, etc., must schedule their activities with the coordinator before the beginning of any such event. (5) Events charging admission shall only take place in the area designated by the county parks and recreation division and the admission fees shall be collected only at such area as the coordinator designates. (e)Tennis court, basketball court, and ballfield lights. Tennis court, basketball court and ballfield lights may be used Monday through Sunday from ten minutes before sunset until closing time. Only public works employees may operate the lights. The use of the ballfield lights must be approved by the county parks and recreation coordinator in advance. Requests for the use of ballfield lights must be in writing, submitted to the coordinator no later than 48 hours for weekdays and 72 hours weekend use prior to the intended dates, on an approved county use form. (f) Fires permitted only in designated areas. No person shall cook or light or maintain any cooking fire, campfire, or other fire at any park except in county-provided permanently installed grill structures or personal barbecue grills in designated areas. (g) Signs. The director of facilities maintenance must post each park entrance with a sign briefly summarizing the park rules established by this chapter. (h) Admission fees (noncounty residents only). Federal holidays and weekends. Admission fee for Harry Harris Park is $5.00 per person plus an additional $10.00 boat ramp fee for watercraft vessels with trailers. (i) Golf balls. No person may hit or otherwise propel, place or leave golf balls in any county park. 0) Commercial activities. There shall be no commercial activity of any type on any county beach or park, including, but not limited to, those listed in this section, without a lease or license from the county. (k) Prohibited domestic animals; exceptions. Except for animals that assist disabled persons, and except as provided in subsections (1) and (m) of this section, domestic animals are prohibited from all county parks. No person may cause or allow any domestic animal (of whatever size), other than an animal that assists a disabled person, to be brought to, or remain on, any county park other than those listed in subsection(1) and(m) of this section. (1) Pet regulations. (1) Pets are allowed at Key Largo Park, Old Settlers Park, Wilhelmina Harvey Park, Sunset Point Park, Murray E. Nelson Government Center Park and in those parts of Harry Harris Park, Higgs Beach County Park, and Watson Field Park specified in subsection(1)(2) of this section, subject to the following regulations: a. Pets must be leashed on a leash no greater than eight feet long, unless and while in the water and wet sand area of Sombrero Beach Park; b. Owners must clean up after pets and properly dispose of waste. The county shall provide Mutt Mitts and Doo-Drop In stations for this purpose; and c. Pets exhibiting aggressive behavior or creating a nuisance must be immediately removed from the park. (2) Pets are allowed at Higgs Beach County Park in Key West on paved surfaces and on the open spaces lying southerly and easterly of West Martello Towers, and southerly and easterly of the fence surrounding the FAA tower parcel. In Harry Harris Park, pets are allowed in the green area north of the boat ramp with the exception of the ballfield. In Watson Field Park, pets are allowed in the fenced area east of the softball fields, west of the tennis courts and south of South St. (3) Pets are allowed at Ramrod Park subject to the following regulations: 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 by the owner; c. All dogs must have current rabies vaccinations and county licenses and be wearing their tags while in the park; d. Dogs in heat, ill and having excessive fleas, ticks, or other internal or external parasites are not allowed; e. All dogs must be accompanied at all times by an adult human owner or handler; f. There shall be no more than three dogs per owner or handler per visit; g. Puppies under four months are not allowed; and h. If a dog digs, the dog must be stopped immediately and the owner/handler must fill the hole. (m) Greenspace. An open greenspace may be enclosed at Higgs Beach County Park, located as set forth in attachment A to the ordinance from which this section is derived, provided that the enclosed greenspace shall meet the following minimum requirements: (1) There shall be a fence four to six feet high with a minimum access of a double entry gate and one maintenance gate. (2) There shall be an area partitioned off for use by small dogs (under 25 pounds). (3) There shall be a waste disposal station with plastic bags and a covered garbage can by each entry gate. (4) Lighting and water utilities shall be provided. (5) There shall be signage with rules for enclosed greenspace 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 enclosed greenspace; c. Children under age six are not allowed. Children under age 16 must be accompanied by an adult; d. All dogs must have current rabies vaccinations and county licenses and be wearing their tags while in the enclosed greenspace; 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 four 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 enclosed greenspace; 1. The hours shall be from 6:00 a.m. to 11:00 p.m. daily; and m. The board of county commissioners may establish additional rules governing the enclosed greenspace by further ordinance. n. Pets are allowed at Key Largo Park, Old Settlers Park, Wilhelmina Harvey Park, Sunset Point Park, Big Pine Key Park, Murray E. Nelson Government Center Park and in those parts of Harry Harris Park, Higgs Beach County Park, and Watson Field Park specified in(o), subject to the following regulations: 1. Pets must be leashed on a leash no greater than eight feet long. 2. Owners must clean up after pets and properly dispose of waste. The county shall provide Mutt Mitts and Doo-Drop In stations for this purpose. I Pets exhibiting aggressive behavior or creating a nuisance must be immediately removed from the park. (n) Skating, rollerblading and skateboarding. 1. No person shall skate, rollerblade, skateboard or perform any similar activity in any area of Key Largo Community Park except where designated by posted signs. Rules regulating the use of the skate park at Key Largo Community Park shall be established by resolution of the board of county commissioners or the county's contracted park operator, shall be provided to users, and shall be posted at the skate park. (e) 2. No person shall skate, rollerblade, skateboard, play racquetball, handball, roller hockey, use the multi-purpose courts, fitness stations or perform any similar activity in any area of Big Pine Key Park except where designated by posted signs. Rules regulating the use of the skate park at Big Pine Key Park shall be established by resolution of the board of county commissioners or the county's contracted park operator, shall be provided to users, and shall be posted at the skate park. 3. No person shall skate, rollerblade, skateboard or perform any similar activity in any area of the Murray E. Nelson Government Center Park. (o) Docking, embarking and disembarking. No person shall dock a vessel of any kind nor shall any person embark or disembark a vessel from the piers the seawall or any Vgrt of the property waterfront at the Murray E. Nelson Government Center Park This subsection shall not aptly to officials and vessels owned or operated by Monroe County_ on official County business or officials and vessels being used for official local state or federal government purposes. (p) Alcohol prohibited. (1) No person shall possess any container containing any alcoholic beverage while at the Murray E. Nelson Government Center Park. (2) The board of county commissioners may waive the provisions of this section by license agreement or upon a resolution of the board However, any such waiver may only be granted to a nonprofit organization shall require the presence of security guards in the number the board determines necessary to preserve the public order, and shall require liability insurance naming the county as an additional named insured in a form and amount satisfactory to the county administrator. (q) PENALTIES. A violation of any of the provisions set forth in this section shall be punishable as provided in section 1-8 of the Monroe County Code of Ordinances. SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. SECTION 3.CONFLICT WITH OTHER ORDINANCES. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 4.INCLUSION IN THE CODE OF ORDINANCES. 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 confirm to the uniform numbering system of the code. SECTION&EFFECTIVE DATE.This Ordinance shall take effect upon filing with the Department of State as provided in section 125.66(2),Florida Statutes. 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 2013. Mayor George Neugent Mayor Pro Tern Heather Carruthers CommissionerDanny Kolhage Commissioner David Rice Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairperson MO CO NTY ATTO E �VV AS TO F PEDRO J. MECI ASSI Al )RN=Y NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on August 21, 2013 at 3:00 P.M., or as soon thereafter as may be heard, at the Murray E. Nelson Government Center, 102050 Overseas Highway, Mile Marker 102, Key Largo, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 18-27, MONROE COUNTY CODE, BY THE ADDITION OF THE MURRAY E. NELSON GOVERNMENT CENTER PARK TO SECTION 18-27(a); AMENDING SECTION 18-27(c) SETTING HOURS OF OPERATION FOR THE MURRAY E. NELSON GOVERNMENT CENTER PARK; AMENDING SECTION 18- 27(1) ALLOWING PETS AT THE MURRAY E. NELSON GOVERNMENT CENTER PARK; AMENDING SECTION 18-27(n) PROHIBITING SKATING, ROLLERBLADING OR SKATEBOARDING AT THE MURRAY E. NELSON GOVERNMENT CENTER PARK; ADDING SECTION 18-27(o) PROHIBITING DOCKING, EMBARKING OR DISEMBARKING A VESSEL FROM THE PIER OR THE SEAWALL AT THE MURRAY E. NELSON GOVERNMENT CENTER PARK EXCEPT OFFICIALS ON OFFICIAL GOVERNMENT BUSINESS; ADDING SECTION 18-27(p) PROHIBITING THE USE OF ALCOHOL; ADDING SECTION 18-27(q) PROVIDING FOR PENALTIES; 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. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record 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. ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. -5:00 p.m.,no later than five(5)calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call 117111: Dated at Key West, Florida, this 29`h day of July, 2013. AMY HEAVILIN, Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication dates: KW Citizen (Fr) 8/2/13 Keynoter (Sa) 8/3/13 Reporter (Fr) 8/2/13 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY BOCC Special Meeting Meeting Date: July 29, 2013 Division: Engineering Bulk Item: Yes X No _ Department: Public Works Kevin Wilson,453-8797 Staff Contact Person: Pedro Mercado,292-3470 AGENDA ITEM WORDING: Approval to advertise a public hearing for an ordinance amending Section 18-27 of the Monroe County Code adding The Murray E. Nelson Government Center Park and establishing rules and regulations regarding the operation of the park and the conduct of those visiting the park. ITEM BACKGROUND: Chapter 18. Parks and Recreation, Article 11. Conduct in Specific Parks, defines the boundaries of specific parks in Monroe County and establishes rules and regulations for those parks named within this section. As The Murray E. Nelson Government Center Park becomes more widely utilized by the residents of and visitors to Monroe County,it has become apparent that the boundaries of the park need to be clearly defined and rules and regulations need to be established to maintain the beauty and resources of the park and ensure the protection and safety of its many visitors. Adoption of this ordinance will add The Murray E. Nelson Government Center Park to Section 18.27 of the Monroe County Code and establish rules and regulations regarding the operation of the park and the conduct of those visiting the park. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval to advertise a public hearing for August 21, 2013 at 3:00 p.m. in Key Largo,FL TOTAL COST: Advertising Cost BUDGETED: Yes — No_ COST TO COUNTY: N/A SOURCE OF FUNDS: REVEL PRODUCING: Yes o_ AMOUNT PER MONTH Year APPROVED BY: County Atty4�1 OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# f Additional Back-Up:0 Sec. 18-25 through 18-27, MCC 'Municode http://library.municode.com/prin... Page 1 of 8 (`t11crvrr,w 1 ten oa1a, <jif Oirdiricixiices>> (,','01NE OF 0111:o;161N/V1qC1. S>> Chapter 1 PARKS AND - RECREATION >>ARTICLE II. CONDUCT IN SPECIFIC PARKS>> ARTICLE II.CONDUCT IN SPECIFIC PARKS Sec. 18-25.The Pines County Park. Sec. 18-26. Higgs Beach County Park. Sec. 18-27. Rules of conduct and operational procedures for certain parks. Secs. 18-28-18-57. Reserved. Sec. 18-25. The Pines County Park. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Pines County Park means the area commencing at the intersection of the southwest corner of the U.S. Government property, as indicated on plat of survey of a "Portion of Roosevelt Boulevard," as recorded in Plat Book 2, Page 17, Monroe County Records, and the northerly right-of-way line (curbline)of Roosevelt Boulevard, bear S 8237'20" E along the northerly right-of-way line (curbline) of Roosevelt Boulevard for a distance of 90 feet to a point on the easterly curbline of Faraldo Circle, such point also known as the point of beginning; thence continue along the northerly right-of-way line for a distance of 259.86 feet to a point; thence bear N 1033'00" E for a distance of 223.87 feet to a point; thence bear N 8040'30"W for a distance of 243.56 feet to a point; thence bear S 0713'50"W for a distance of 203.38 back to the point of beginning. (b) Prohibition on alcoholic beverages. (1) No person shall possess any container containing any alcoholic beverage while at Pines County Park. (2) The board of county commissioners may waive the provisions of this section upon a resolution of the board. However, any such waiver may only be granted to a nonprofit organization, shall require the presence of security guards in the number the board determines necessary to preserve the public order, and shall require liability insurance naming the county as an additional named insured in a form and amount satisfactory to the county administrator. (3) Nothing in this section shall be construed as waiving or exempting any nonprofit organization from whatever permits may be required by the City of Key West. (c) Fires permitted only in designated areas. No person shall cook or light or maintain any cooking fire, campfire, or other fire at Pines County Park except in county-provided permanently installed grill structures or personal barbecue grills in designated areas. (Code 1979. § 13.5-2; Ord. No. 15-1991, §§ 1-5;Ord. No. 36-1998, § 1) Sec. 18-26. Higgs Beach County Park. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: http://library.municode.com/prin... http:Hlibrary.municode.com/prin... 7/22/2013 Mumcode http://Iibrary.municode.com/prin... Page 2 of 8 Alcoholic beverage means any beverage containing more than one percent ethyl alcohol by volume. Children's park means the portion of Higgs Beach County Park that the director of the county division of public works has, for purposes of public safety and welfare, caused to be enclosed by fencing of any type, including, but not limited to, chainlink fencing and post-and-rail fencing, and has posted with signs identifying the enclosed area as a children's park. Fenced, gated and posted area means the portion of Higgs Beach County Park that the director of the county division of public works has,for purposes of public safety and welfare, caused to be enclosed by fencing of any type, including, but not limited to, chainlink fencing and post-and-rail fencing, and has posted with signs regarding special hours and parking prohibitions. Higgs Beach County Park means the area in the City of Key West, Florida, beginning at the intersection of the actual low-water line of the Atlantic Ocean and the westerly edge of White Street; thence north along the westerly edge of White Street to its intersection with the southern edge of Casa Marina Court; thence westerly along the southern edge of Casa Marina Court until its intersection with the eastern edge of Reynolds Street; thence southerly along the eastern edge of Reynolds Street until its termination; thence in a straight line from such termination to the actual low-water line of the Atlantic Ocean;thence easterly along such low-water line to the point of beginning, including, however, any piers, docks,jetties, boat ramps, or similar structures extending waterward of such actual low-water line. (b) Prohibition on alcoholic beverages. (1) No person may possess any container containing any alcoholic beverage while at Higgs Beach County Park except for on-premise sale and consumption within the enclosed restaurant and restaurant patio area. The restaurant exception only applies if- a. The county/restaurant lessee contract allows for the on- premise consumption and sale of alcoholic beverages; and b• The restaurant lessee has whatever approvals and permits are needed from the state and the City of Key West for the on-premise sale and consumption of alcoholic beverages. (2) The board of county commissioners may also waive the prohibition of this subsection (b)(1)on a per event basis upon a resolution of the board. However, any such waiver may only be granted to a nonprofit organization, must require the presence of security guards in the number the board determines necessary to preserve public order, and must require liability insurance naming the county as an additional named insured in a form and amount satisfactory to the county administrator. Nothing in this subsection may be construed as waiving or exempting any nonprofit organization from whatever permits or approval may be required by the City of Key West or the state. (c) Restrooms to be closed during certain hours. Restroom facilities at Higgs Beach County Park shall be closed from 11:00 p.m. to 7:00 a.m. and no person shall enter or use such facility for any purpose during those hours. (d) Fires permitted only in designated areas. No person shall cook or light or maintain any cooking fire, campfire, or other fire at Higgs Beach County Park except in county-provided permanently installed grill structures or personal barbecue grills in designated areas. (e) Park to be closed during certain hours. Higgs Beach County Park shall be closed during the hours of 11:00 p.m. to 6:00 a.m., except that the fenced, gated, and posted area of Higgs Beach County Park shall be closed from sunset to 6:00 a.m. No person, other than a member of the http://Iibrary.municode.com/prin... http:Hlibrary.municode.com/prin... 7/22/2013 'Municode http://library.municode.com/prin... Page 3 of 8 Higgs Beach Neighborhood Watch, shall enter or remain at the county park or the fenced, gated, and posted area during the hours they are closed. This section shall have no application to persons traveling upon Atlantic Blvd. between White Street and Reynolds Street. The"Higgs Beach Neighborhood Watch" referenced in this section is a not-for-profit community association whose membership is composed of residents of the area bounded on the east by Bertha Street, on the north by United Street, and on the west by Simonton Street, in the City of Key West, who have undertaken to report promptly to the sheriff any crimes or violations of this article observed by them while in the park. The sheriff shall maintain a current membership roll of the Higgs Beach Neighborhood Watch. (fl Penalties. Violations of this section shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. (9) Recreational vehicle and camper parking restrictions. No person may park, stand or stop a recreational vehicle or camper within the fenced, gated, or posted area of Higgs Beach County Park. (h) Pier regulations. The wood pier at Higgs Beach may be used for activities related to swimming, sunbathing and recreation that do not endanger the safety of swimmers, sunbathers and persons engaged in meditation. Fishing, including, but not limited to, spear fishing, net casting, use of rod and reel, is prohibited. (Code 1979, § 13.5-3; Ord. No. 16-1991, §§ 1-6;Ord. No. 24-1995. § 1; Ord. No. 1-1997, §1;Or(L No. 33-1998, §§ 1- 3; Ord. No. 36-1998, §2: Ord. No. 2-2000, § 1;Ord. No. 18-2001, § 1;Ord. No. 008-2002, § 1;Ord. No. 026-2002, § 1; Ord. No. 020-2012, 6 1) Sec. 18-27. Rules of conduct and operational procedures for certain parks. (a) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Bay Point Park means the area described as follows: Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 2, Bay Point Amended Plat, Bay Point Key according to the Plat thereof as recorded in Plat Book 3, Page 75 of the Public Records of Monroe County, Florida, RE#'s 00160060, 00160070, 00160080, 00160090, 00160100-0160130. Bernstein Park means the area described as follows: Lots 1, 2, 3, 4 and 5, Block 57, George L. McDonald's Plat of Part of Stock Island, less the Westerly eight feet of Lot 1 and less the Easterly 30 feet of Lot 5, according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. Also a parcel of submerged land lying South of such Block 57, less that portion sold to Stock Island Utility Company by Warranty Deed recorded in Official Records Book 866, Pages 2446-2450, of the Public Records of Monroe County, Florida, TWP. 67/68 RNG. 25 SEC. 35, 36 &2 RE# 12385 OR 380-381-382. Big Coppitt Volunteer Fire Department Park means the area described as follows: Block 4, Lots 3, 4 and 5 Coppitt Subdivision Amended Plat, Big Coppitt Key, OR: 761-408, Plat Book: 4-50, Section 22, Township 67S, Range 26E. Big Pine Key Park means Tract A, Whispering Pines Subdivision, Plat#3 as recorded in Plat Book 4 at Page 59 in the Public Records of Monroe County, Florida (RE#286360-000000)formerly known as Mariners Resort. http://library.municode.com/prin... http://Iibrary.municode.com/prin... 7/22/2013 'Municode http://library.municode.com/prin... Page 4 of 8 Burr Beach Park means the area described as follows: Section 33, Township 62, Range 38, Park Sunny Haven PBl-185 Key Largo (Alternate Key: 8654944, Parcel ID: 00557181-000000). Friendship Park means the area described as follows: Lots 29, 30, 31 and 32, Block 2, Hibiscus Park Subdivision. Lots 15, 16, 17, 18, 19, 20 and 21, Block 4, Industrial Acres Subdivision, Section 22 &27, Township 61 S, Range 39E. Garden Cove Park means the area described as follows: Tract F, Key Largo Beach, a subdivision in Section 33, Township 61 South, Range 39 East, Key Largo Key, Monroe County, Florida, as recorded in Plat Book 2, page 149, Public Records of Monroe County, Florida. Harry Hams Park means the area described as follows: Portions of Government Lot 3 and 4, Section 27, Township 62S, Range 38E, lying in open waters of Tavernier Harbor and Florida Bay. Government Lot 3, Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida, as per Government Township Map made in 1873 and approved by the Surveyor-General in 1874, less the following described portion thereof, that is above the mean high tide line: Beginning at the SE corner of such Government Lot 3 and run N on the E line of Government Lot 3, a distance of 27 feet more or less to the mean high tide line on the shore of Florida Bay; thence SW ly meandering such mean high tide line, a distance of 55 feet more or less to the S line of such Government Lot 3;thence E on the S line of such Government Lot 3; a distance of 38 feet more or less to the point of beginning. Government Lot 4 in Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida, as per Government Township Map made in 1873 and approved by the Surveyor-General in 1874, less the following described portion thereof, that is above the high tide line: Beginning at the SW comer of Government Lot 4 and run E on the S line of such Government Lot 4, a distance of 220 feet more or less to the shore line on the W side of Tavernier Harbor; thence NW ly along such shore line a distance of 400 feet more or less to the W side of such Government Lot 4, thence S 13 of 30'W along such W side of Government Lot 4, a distance of 400 feet more or less to the point of beginning. The above two parcels contain a net acreage of 70.98 acres, more or less. Key Largo Community Park means Lots 312 to 384, Port Largo Fourth Addition, Section 33, Township 61 S, Range 39E, Monroe County, Florida. This parcel contain 615,623 square feet. Little Duck Key Park means the area described as follows: Little Duck Key, Lot 1, Section 19, Township 66S, Range 31 E, OR: 15-374-376, RE#00106160-000000; Alternate Key: 1124800. Old Settlers Park means the area described as follows:A tract in Government Lot 2, Section 34, Township 62 South, Range 38 East, comprising portions of Lots 16 & 17, according to the George L. McDonald Plat of the Albury property, as recorded in Plat Book 1, Page 64, RE#90020, 90030, 90040- 0001, 90070, 90090, 90100, 90120 and 90130 and that portion of Lot 16 as identified in Book 397 Page 737 of the Official Records of Monroe County. Palm Villa Park means the area described as follows: Park-Palm Villa, Big Pine Key RE# 00285080-00000; Plat Book 1-89, Section 23, Township 66S, Range 29E (.61 acres). Ramrod Park means Lot 2, Block 3, Silver Shore Estates, according to the plat thereof as recorded in Plat Book 4, Page 111 of the public records of Monroe County, Florida, RE#00211080- 000000. Sunset Point Park means the area described as follows: Tract A of Sunset Point, according to the Plat thereof, recorded in Plat Book 2, Page 81 of the Public Records of Monroe County, Florida, together with all riparian rights thereunto belonging or in any use appertaining, less the following tracts: Less that part of Tract 4 above described as platted in Sunset Point Addition, according to the Plat http://library.municode.com/prin... http://Iibrary.municode.com/prin... 7/22/2013 'Municode http://Iibrary.municode.com/prin... Page 5 of 8 thereof, recorded in Plat Book 3, Page 41 of the Public Records of Monroe County, Florida, and thereon referred to as Lot 12 and Sunset Lane; and Less a tract or strip of land ten feet wide and extending from the"Boat Basin" as shown on the plat of Sunset Point Addition above referred to and running parallel to the SW ly boundary line of such Lot 12 and the SW ly line of Sunset Lane and as shown on such plat and such strip ten feet wide extending as above stated from the"Boat Basin"to the north line of Sunset Road. Watson Field Park means the area described as follows: Section 23 Township 66 Range 29 Pine Key Acres TRACT IJ OR801-854, RE#00111072-046000 and Section 23 Township 66 Range 29 Pine Key Acres TRACT II OR801-854, RE#00111072-045000, Big Pine Key. WiIhelmina Harvey Park means the area described as follows: Block 2. Lot 4, 5, 6 and 7, amended Plat of Coppitt Subdivision, Section 22, Township 67S, Range 26E as recorded in Plat Book 4, Page 50 of the Public Records of Monroe County, Florida. Such amended plat is a resubdivision of that subdivision originally recorded in Plat Book 3, Page 116. (b) Posting signs of enhanced penalties under F.S. § 893.13(1)(d). The director of facilities maintenance shall place signs warning of enhanced penalties under F.S. § 893.13(1)(d)for persons selling, manufacturing, delivering, or possessing with the intent to sell, manufacture, or deliver, a controlled substance within 200 feet of the parks listed in subsection (a)of this section. The signs shall be placed at each park entrance and at other locations near the parks' boundaries as the director of facilities maintenance shall consider likely avenues of exit and entry. (c) Park hours. (1) The parks and beaches listed above are open to the public, Monday through Sunday, for 7:30 a.m. until sunset with the following exceptions: • Bay Point Park, and Bernstein Park is open everyday from 7:30 a.m. until 10:30 p.m.; • Big Coppitt Volunteer Fire Department is open everyday from 7:30 a.m. until 10:00 p.m.; • Burr Beach Park is open everyday from sunrise until sunset; • Friendship Park is open everyday from 7:30 a.m. until 8:30 p.m.; • Key Largo Community Park is open everyday from 7:00 a.m. to 9:00 p.m.; • Big Pine Key Park is open everyday from 7:30 a.m. to 8:30 p.m.; •Watson Field Park is open everyday from 7:30 a.m. to 10:00 p.m. (2) All persons and their vehicles that enter the parks during the open hours must leave the parks by closing time, unless prior approval has been granted by the Monroe County Public Facilities Maintenance Director, or his/her designee, by way of a use form for a specific event. Any vehicles in the parks when the parks are closed will be towed away at the vehicle owner's expense. (d) Special events and assemblies. (1) Any person or organization that holds or conducts at any of the parks listed above, a public assembly that is subject to Ordinance No. 030-1996 (ch. 10.5, art. II), must obtain approval under the provision of that ordinance. (2) Any person or organization who holds or conducts any special events or assembly not subject to Ordinance No. 030-1996 (ch. 10.5, art. II) must obtain approval and scheduling through the parks and recreation coordinator(the coordinator) subject to already scheduled activities. A complete application and proof of insurance (if required) must be submitted to the coordinator at least seven days prior to the event or assembly. (3) Athletic activity organizers who wish to use the recreational playing field on multiple http://Iibrary.municode.com/prin... http://library.municode.com/prin... 7/22/2013 Mumcode http://Iibrazy.municode.com/prin... Page 6 of 8 occasions during a sports season must obtain approval from and schedule their activities with the coordinator before the beginning of the season. (4) Athletic activity organizers who wish to use the tennis courts for tournaments, etc., must schedule their activities with the coordinator before the beginning of any such event. (5) Events charging admission shall only take place in the area designated by the county parks and recreation division and the admission fees shall be collected only at such area as the coordinator designates. (e) Tennis court, basketball court, and ballfield lights. Tennis court, basketball court and ballfield lights may be used Monday through Sunday from ten minutes before sunset until closing time. Only public works employees may operate the lights. The use of the ballfield lights must be approved by the county parks and recreation coordinator in advance. Requests for the use of ballfield lights must be in writing, submitted to the coordinator no later than 48 hours for weekdays and 72 hours weekend use prior to the intended dates, on an approved county use form. (fl Fires permitted only in designated areas. No person shall cook or light or maintain any cooking fire, campfire, or other fire at any park except in county-provided permanently installed grill structures or personal barbecue grills in designated areas. (9) Signs. The director of facilities maintenance must post each park entrance with a sign briefly summarizing the park rules established by this chapter. (h) Admission fees(noncounty residents only). Federal holidays and weekends. Admission fee for Harry Harris Park is $5.00 per person plus an additional$10.00 boat ramp fee for watercraft vessels with trailers. (i) Golf balls. No person may hit or otherwise propel, place or leave golf balls in any county park. G) Commercial activities. There shall be no commercial activity of any type on any county beach or park, including, but not limited to, those listed in this section, without a lease or license from the county. (k) Prohibited domestic animals, exceptions. Except for animals that assist disabled persons, and except as provided in subsections (1) and (m) of this section, domestic animals are prohibited from all county parks. No person may cause or allow any domestic animal (of whatever size), other than an animal that assists a disabled person, to be brought to, or remain on, any county park other than those listed in subsection (1) and (m)of this section. (1) Pet regulations. (1) Pets are allowed at Key Largo Park, Old Settlers Park, Wilhelmina Harvey Park, Sunset Point Park and in those parts of Harry Harris Park, Higgs Beach County Park, and Watson Field Park specified in subsection (1)(2)of this section, subject to the following regulations: a• Pets must be leashed on a leash no greater than eight feet long, unless and while in the water and wet sand area of Sombrero Beach Park; b• Owners must clean up after pets and properly dispose of waste. The county shall provide Mutt Mitts and Doo-Drop In stations for this purpose; and C. Pets exhibiting aggressive behavior or creating a nuisance must be immediately removed from the park. (2) Pets are allowed at Higgs Beach County Park in Key West on paved surfaces and on the open spaces lying southerly and easterly of West Martello Towers, and southerly and easterly of the fence surrounding the FAA tower parcel. In Harry Harris Park, pets are allowed in the green area north of the boat ramp with the exception of the ballfield. In Watson Field Park, pets are allowed in the fenced area east of the softball fields, west of the tennis courts and south of South St. (3) Pets are allowed at Ramrod Park subject to the following regulations: http://library.municode.com/prin... http://library.municode.com/prin... 7/22/2013 Municode http://library.municode.com/prin... Page 7 of 8 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 by the owner; C. All dogs must have current rabies vaccinations and county licenses and be wearing their tags while in the park; d• Dogs in heat, ill and having excessive fleas, ticks, or other internal or external parasites are not allowed; e• All dogs must be accompanied at all times by an adult human owner or handler; f. There shall be no more than three dogs per owner or handler per visit; 9• Puppies under four months are not allowed; and h• If a dog digs, the dog must be stopped immediately and the owner/handler must fill the hole. (m) Greenspace. An open greenspace may be enclosed at Higgs Beach County Park, located as set forth in attachment A to the ordinance from which this section is derived, provided that the enclosed greenspace shall meet the following minimum requirements: (1) There shall be a fence four to six feet high with a minimum access of a double entry gate and one maintenance gate. (2) There shall be an area partitioned off for use by small dogs(under 25 pounds). (3) There shall be a waste disposal station with plastic bags and a covered garbage can by each entry gate. (4) Lighting and water utilities shall be provided. (5) There shall be signage with rules for enclosed greenspace 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 enclosed greenspace; C. Children under age six are not allowed. Children under age 16 must be accompanied by an adult; d• All dogs must have current rabies vaccinations and county licenses and be wearing their tags while in the enclosed greenspace; 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; 9• There shall be no more than three dogs per owner or handler per visit; h• Puppies under four months are not allowed; i• If a dog digs, the dog must be stopped immediately and the owner/handler must fill the hole; 1 Park gates may not be left open at any time; k. No rollerblades, skateboards, or bicycles are allowed in the enclosed greenspace; I• The hours shall be from 6:00 a.m. to 11:00 p.m. daily; and M. The board of county commissioners may establish additional rules governing the enclosed greenspace by further ordinance. n• Pets are allowed at Key Largo Park, Old Settlers Park, Wilhelmina Harvey Park, Sunset Point Park, Big Pine Key Park, and in those parts of Harry Harris Park, Higgs Beach County Park, and Watson Field Park specified in (o), subject to the http://Iibrary.municode.com/prin... http://Iibrary.municode.com/prin... 7/22/2013 Municode http://Iibrary.municode.com/prin... Page 8 of 8 following regulations: 1• Pets must be leashed on a leash no greater than eight feet long. 2. Owners must clean up after pets and properly dispose of waste. The county shall provide Mutt Mitts and Doo-Drop In stations for this purpose. 3. Pets exhibiting aggressive behavior or creating a nuisance must be immediately removed from the park. (n) Skating, rollerblading and skateboarding. No person shall skate, rollerblade, skateboard or perform any similar activity in any area of Key Largo Community Park except where designated by posted signs. Rules regulating the use of the skate park at Key Largo Community Park shall be established by resolution of the board of county commissioners or the county's contracted park operator, shall be provided to users, and shall be posted at the skate park. (o) No person shall skate, rollerblade, skateboard, play racquetball, handball, roller hockey, use the multi-purpose courts, fitness stations or perform any similar activity in any area of Big Pine Key Park except where designated by posted signs. Rules regulating the use of the skate park at Big Pine Key Park shall be established by resolution of the board of county commissioners or the county's contracted park operator, shall be provided to users, and shall be posted at the skate park. (Code 1979, § 13.5-5; Ord. No. 1-1997, §2;Ord. No. 13.5-1998, §§3-9,Ord. No. 36-1998, §3; Ord. No. 24-1999, § 1; Ord. No. 43-1999. §§1, 2; Ord, No, 37 2000, § 1; Ord. No. 40-2000, § 1; Ord. No. 42-2000, § 1;Ord. No. 19-2001, § 1; Ord. No. 21-2001, § 1; Ord. No. 30.2001, §1;Ord. No. 011 2002, §§2-5;Ord. No. 028-2002, § 1; Orel. No. 029-2002, §§3, 4; Ord. No. 032 2003, § 1;Ord. No. 001-2004, § 1;Ord, No. 034-2004, § 1;Ord. No. 020-2006, § 1; Ord. No. 027- 2007 §§ 1---3;Ord. No. 041-2007, § 1;Ord. No. 016-2008, 66 1-4; Ord. No. 001-2010, 66 1. 2;Ord. No. 001-2011. 6 1) Secs. 18-28-18-57. Reserved. http://library.municode.com/prin... http://Iibrary.municode.com/prin... 7/22/2013