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Resolution 091-2016 RESOLUTION NO. 091 -2016 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RENAMING THE SKATE PARK FACILITIES AT KEY LARGO COMMUNITY PARK AND BIG PINE KEY PARK TO SKATE AND BIKE PARKS; CREATING AND RATIFYING NEW RULES AND REGULATIONS FOR THE SKATE AND BIKE PARKS; AND REQUIRING POSTING OF RULES, PERMISSIBLE ACITIVITIES, AND ASSUMPTION OF RISK WARNING AT THE SKATE AND BIKE PARKS. WHEREAS, Monroe County has skate park facilities at the Key Largo Community Park ("Key Largo Park") and the Big Pine Key Park ("Big Pine Park") in which skateboarding and in-line skating are the only authorized activities; and WHEREAS, the Board of County Commissioners ("BOCC") has received public requests to allow freestyle bicycling in the skate parks; and WHEREAS, the Parks and Recreation Advisory Board and Facilities Management Department have approved allowing freestyle bicycling in the skate parks; and WHEREAS, pursuant to §316.0085, F.S., a governmental entity, such as Monroe County, and its employees, are not liable to any person who voluntarily participates in skateboarding, in-line skating, paintball or freestyle or mountain or off-road bicycling for any damage or injury to property or persons which arises out of a person's participation in such activity, which takes place in an area that is owned or leased by the County, is designated by the County for such activity, and which has a rule posted in the designated area that identifies the authorized activities — skateboarding, in-line skating, and freestyling bicycling — only in this context; and WHEREAS, pursuant to §316.0085(7)(a), F.S., any person who participates in or assists in skateboarding, in-line skating, paintball, or freestyle or mountain and off-road bicycling assumes the known and unknown inherent risks in these activities irrespective of age, and is legally responsible ,for all damages, injury, or death to himself or herself or other persons or property which result from these activities. Any person who observes skateboarding, in-line skating, paintball, or freestyle or mountain or off-road bicycling assumes the known and unknown inherent risks in these activities irrespective of age, and is legally responsible for all damages, injury, or death to himself or herself which result from these activities. A governmental entity that sponsors, allows, or permits skateboarding, in-line skating, paintball, or freestyle or mountain or off-road bicycling on its property is not required to eliminate, alter, or control the inherent risks in these activities; and v WHEREAS, the Project Management Department and County Attorney's Office have researched and implemented procedures for adding freestyle bicycling as an authorized activity in the skate parks; and WHEREAS, the skate parks located at Key Largo Park and Big Pine Park shall now be referred to and identified as "Skate and Bike Parks"; and WHEREAS, County attorneys have revised the Rules and R egulations governing the Skate and Bike Parks that participants and spectators must follow, which are made a part of this Resolution below; and WHEREAS, Project Management will post the Rules and Regulations in the designated Skate and Bike Parks areas; and WHEREAS, pursuant to MCC section 18-27(n)(1) and 18-27(n)(2) it is stated that rules regulating the use of the skate park shall be established by resolution of the board of county commissioners; now,therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board hereby ratifies and implements the following revised Rules and Regulations for the Skate and Bike Parks located at Key Largo Community Park and Big Pine Key Park in Monroe County: 1. Only skateboarding, inline skating and freestyle bicycling are authorized activities in the Skate and Bike Park. No other activities or equipment are authorized. Skate and Bike Park hours of operation are 8:30 a.m. to Sunset. 2. The Skate and Bike Park is not supervised. Pursuant to Sec. 316.0085, F.S. all participants and spectators assume all known and unknown inherent risks associated with skateboarding, inline skating and freestyle bicycling activities authorized in the Skate and Bike Park. 3. Participants must wear an appropriate helmet at all times while in the Skate and Bike Park. Shirts, shoes and proper athletic attire are required at all times. 4. The following are not permitted in the skating and biking area: • Smoking Weapons of any kind • Smokeless tobacco Alcohol-possession consumption • Drug use/possession Food and drinks • Glass containers Personal amplified music • Gum/Candy Skate Wax • Pets Repairs of equipment • Coolers Back packs • Modification, manipulation or altering the skate and bike area and features n 5. All participants and spectators must notify the Park operator or County management of any unsafe situations or conditions or injuries that are observed. 6. A participant or spectator not observing the above Rules and Regulations may be asked to leave the facility. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 23rd _`day of March , 2016. Mayor Heather Carruthers Yes Mayor Pro Tem George Neugent Yes Commissioner Danny Kolhage Yes Commissioner David Rice Yes Commissioner Sylvia Murphy Yes 0110 dk.‘" ,,ri its, BOARD OF COUNTY COMMISSIONERS --., Y HEAVILIN, Clerk iOF MONROE CO Y, ORIDA I�� r"� / i//' _ Sii By: 1:. - C 3 k Mayor MONROE COUN 'A ORNEY APP 'OVED A O RM IRIS MB OSIO ASS A T C U1NTY ATTORNEY L bDate: o - o. r� :-)'" — T1 c-: t..0P ‹- = rn ' —