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Ordinance 020-2012 ORDINANCE NO. 020 - 2012 AN ORDINANCE OF THE BOARD OF COUNTY N COMMISSIONERS OF MONROE COUNTY, FLORIDA o AMENDING SECTION 18 -26 OF THE MONROE COUNTY CODE; ESTABLISHING A CHILDREN'S PARK °- G v AREA; ESTABLISHING REGULATION OF THE o c_:, CHILDREN'S PARK AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF , —' ALL ORDINANCES INCONSISTENT HEREWITH; ' � 9 PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Monroe County Board of County Commissioners desires to set aside as safe an area as possible where minor children can play; and WHEREAS, restricting access to the children's park is in the best interest of the safety and welfare of said minor children; and WHEREAS, the Monroe County Board of County Commissioners finds that it is in the best interest of said minor children to limit park entry to the child's parent, family or guardian; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Sec. 18 -26 is hereby amended to read as follows: 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: 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. Page 1 of 4 Ord establishing Higgs Beach Children's Park Amend Sec. 18 -26, MCC PH 7/18/12 (KP) 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. Page 2 of 4 Ord establishing Higgs Beach Children's Park Amend Sec. 18 -26, MCC PH 7/18/12 (KP) (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 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. (f) 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. (g) 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. Page 3 of 4 Ord establishing Higgs Beach Children's Park Amend Sec. 18 -26, MCC PH 7/18/12 (KP) (i) Children's Park regulation. NO person over the age of 14 other than a parent, guardian, or other responsible person is allowed in the designated children's park area(s) unless accompanied by a child 14 years of age or younger. 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 5. 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 18th day of July, 2012. Mayor David Rice Yes Mayor Pro Tem Kim Wiginton Yes Commissioner Heather Carruthers Yes `,,,z-Commissioner George Neugent Yes Commissioner Sylvia Murphy Yes IA1 i i91 __�SEALjJp BOARD OF COUNTY COMMISSIONERS ,: _Atte`st -DANNY L. KOLHAGE, CLERK OF MONROE CO TY,FLORIDA -"'<f'-',;1 hit-a-fake it)&femtil.2 By: Deputy Clerk Mayor/Chairperson O COUNTY RN PP DAST PEDRO J. I RCADO ASSIST ate 3 Z— Page 4 of 4 Ord establishing Higgs Beach Children's Park Amend Sec. 18-26,MCC PH 7/18/12(KP) MONROE COUNTY COURTHOUSE NANAL BRANCH OFFICE: COUNT �\ 500 WHITEHEAD STREET, SUITE 101 t• ..., Q E y p 1 ) PLANTATION KEY KEY WEST, FLORIDA 33040 j ° s` C O � ? - 1 #0 GOVERNMENT CENTER TEL. (305) 294 -4641 j * 10 ;* 88820 OVERSEAS HIGHWAY FAx (305) 295 -3663 a i }11111 r j PLANTATION KEY, FLORIDA 33070 %." -. se: TEL. (305) 852 -7145 BRANCH OFFICE: 1 %,, 4 ' � ouwo * FAX (305) 852 -7146 MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON, FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD TEL. (305) 289 -6027 PLANTATION KEY, FLORIDA 33070 FAX (305) 289 -1745 www.clerk -of- the- court.com TEL. (305) 852 -7145 FAx (305) 853 -7440 August 1, 2012 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Via Certified Mail 7012 1010 0003 4990 5149 Dear Ms. Cloud, Enclosed please find certified copy of the following: Ordinance No. 020 -2012 amending Section 18 -26 of the Monroe County Code to establish a children' park area on Higg' Beach and to provide for regulation of the children' park area. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on July 18, 2012. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Isabel C. DeSantis, D.C. cc: Municipal Code Corporation via e County Attorney via e Public Works via e File U.S. Postal Service,. CERTIFIED MAILTM RECEIPT 1 , 13- (Domestic Mail Only; No Insurance Coverage Provided) 4 r - 4 For delivery information visit our website at www.usps.com© 4 in , in ,,,, A A ..e, •:. m,,, ^ -,,e k. ,,,, I i rr Postage $ Certified Fee '' 9 1 m , cm Retum Receipt Fee t e 55, Postmark 0 (Endorsement Required) Here 1 0 i Restricted Delivery Fee i c3 (Endorsement Required) 1 =3 Total Postage & Akingis • tiator d-o 1 rq 3 Sent To I ru [ 1-1 AJM!neiaratryarueildCinogde and Weekly 1 BA i c3 Street, Apt. No. or PO Box No. ; 500 South BronougTi-Street [ City, State, ZIP+4 ruisitiT2 0110116 - asseev - F tefida-32392:1)25 PS Form 3800, A ug See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. xDEPT. OF STATE ❑ Agent • Print your name and address on the reverse ❑ Addressee so that we can return the card to you. B. ReceiveAbC(Aiee/Mine) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Program Administrator Administrative Code and Weekly R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 3. Se Ice Type MCertifled Mall ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 012 1010 0003 4 9 9 0 5149 (Transfer from service labe0 PS Form 3811, February 2004 Domestic Retum Receipt 102595- 02- M -154o UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid I USPS Permit No. G10 I 1 • Sender: Please print your name, address, and ZIP +4 in this box • 1 1 DAS Y L. KCLHAGE I i F O. OX 1930 i3 t 1 O,I ' Oaa'. a- i i„iimii,ii„„1,.i „,ii, 111,1).1.i,11.1.,i,11,„„ii,1 d 1 Page 1 of 1 Isabel Desantis From: <ords @municode.com> To: <idesantis @monroe- clerk.com >; <grimsley -susan @monroecounty- fl.gov> Sent: Monday, August 06, 2012 8:33 AM Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 7 Update 3 ****THIS IS AN AUTOMATICALLY GENERATED EMAIL**** Below, you will find the material that we have received /recorded to your account. This material is being considered for inclusion in your next/current update, Supplement 7 Update 3 Document Adopted Recorded Recorded Date Format Ordinance No. 010- 5/16/2012 7/26/2012 PDF 2012 Ordinance No. 016- 6/20/2012 7/9/2012 PDF 2012 Ordinance No. 017- 7/18/2012 7/26/2012 PDF 2012 Ordinance No. 018- 7/18/2012 7/31/2012 PDF 2012 Ordinance No. 019- 7/18/2012 7/31/2012 PDF 2012 Ordinance No. 020- 7/18/2012 8/6/2012 PDF 2012 Update the interne version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly. 8/13/2012 11 f w) Y M ` r31F it i; Ex " - FLORIDA DEPARTMENT OfSTATE RICK SCOTT KEN DETZNER Governor Secretary of State August 7, 2012 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated August 1, 2012 and certified copy of Monroe County Ordinance Nos. 020 -2012 , which was filed in this office on August 6, 2012. Sincerely, Liz Clou Program Administrator LC /elr `' — CA) 23. J O r'a't V' Q R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.fl.us