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Item S5BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers, District 3 Mayor Pro Tern George Neugent, District 2 The Florida. Keys Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting May 18, 2016 Agenda Item Summary #1695 ITEM S-5: ADD -ON DAY OF MEETING BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Chris Ambrosio (305) 292-3470 None AGENDA ITEM WORDING: Approval of an Emergency Ordinance creating Rowell's Waterfront Park and providing park hours and permissible and prohibited activities. ITEM BACKGROUND: It has been determined that Rowell's Watertront rarx is reaay to oe open to the public by Memorial Day weekend. This determination came sooner than anticipated. Opening the facility as a park requires a legislative designation by the Board plus the enactment of rules establishing operating hours as well as permissible and prohibited conduct. There is insufficient time to enact an ordinance through the normal legislative process prior to Memorial Day. However, F.S. 125.66(3) authorizes a County to adopt an ordinance on an expedited basis at any regular or special meeting if the Board finds that sufficient grounds exist to invoke the expedited adoption procedure, votes to waive the normal notice requirements by a FOUR FIFTHS VOTE, and determines that immediate enactment of the ordinance is necessary. An appropriate ordinance has been drafted that sets forth the initial operating hours and rules for Rowell's Waterfront Park. The Board is directed to Sections 5 through 9 of the attached Ordinance to see the rules proposed for the park. A more comprehensive ordinance will be drafted and enacted through the normal process after public discussion and input at a later date. PREVIOUS RELEVANT BOCC ACTION: In December 2013, the County purchased the property formerly known as Rowell's Marina to provide additional recreational and open space for County residents by eventually converting the property into a public park. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATION: Approval and enactment of the Emergency Ordinance. DOCUMENTATION: Rowell's Emergency Ordinance Final FINANCIAL IMPACT: Effective Date: Ordinance will take effect upon confirmation of receipt by the Clerk from the Department of State pursuant to F.S. 125.66(3). Expiration Date: n/a Total Dollar Value of Contract: n/a Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: N/A. REVIEWED BY: Bob Shillinger Kevin Wilson Kevin Wilson Kathy Peters Board of County Commissioners If yes, amount: Completed 05/16/2016 5:25 PM Completed 05/16/2016 6:02 PM Completed 05/16/2016 10:13 PM Pending Pending 05/18/2016 9:00 AM ORDINANCE -2016 AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, PROVIDING FOR CREATION OF ROWELL'S WATERFRONT PARK; PROVIDING FOR PARK HOURS; PROVIDING FOR PERMISSIBLE AND PROHIBITED ACTIVITIES; PROVIDING FOR PENALITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Florida Statute section 125.01(1)(f) the Board of County Commissioners for Monroe County (BOCC) is granted the authority, among others, to provide parks, playgrounds and recreation areas; and WHEREAS, the BOCC finds that public parks and recreation areas provide sites where the families and citizens of Monroe County can benefit from and engage in healthy recreational activities; and WHEREAS, in December 2013, the County purchased the property fonnerly known as Rowell's Marina to provide additional recreational opportunities and open space for County residents by eventually converting the property into a public park; and WHEREAS, since taking ownership of the property, the BOCC has permitted community events to take place but due to site conditions has not opened the property up for general use by the public; and WHEREAS, the BOCC finds that providing Rowell's Waterfront Park in Key Largo as a free and open public recreational area on Memorial Day Weekend 2016 offers such a recreational park area that benefits the families and citizens of Monroe County; and WHEREAS, under Florida Statute section 125.66(3) the BOCC is granted the authority for emergency enactment of ordinances; and WHEREAS, it is the vision and desire of the BOCC to immediately provide and make available Rowell's Waterfront Park as a public park beginning on Memorial Day Weekend 2016 through emergency enactment of this Ordinance as permitted by Florida Statutes; and WHEREAS, without proceeding through this emergency enactment, the opening of Rowell's Waterfront Park would be delayed several months and it would not be available for the public to enjoy and benefit from during an important holiday for Monroe County citizens, that being Memorial Day Weekend; and WHEREAS, the BOCC further intends that this Ordinance be adopted to protect the public health and safety and promote safe use of Rowell's Waterfront Park; and WHEREAS, the Monroe County Sheriff and his deputies are authorized by law to enforce Florida Laws and County Ordinances; and WHEREAS, Rowell's Waterfront Park must have written rules established by Ordinance in order for the Sheriff and his deputies to enforce those rules; and WHEREAS, the BOCC does hereby declare that an emergency exists and that immediate enactment of this Ordinance is necessary, and by no less than a four -fifths vote of the BOCC does hereby waive notice of intent to consider this Ordinance; and WHEREAS, it is the intention of the BOCC that this Ordinance shall establish the initial set of rules for Rowell's Waterfront Park but that a more comprehensive ordinance will be considered at a later date after public discussions and input, and that the future ordinance shall be codified into the Monroe County Code of Ordinances after regular meetings as to the development, establishment, and implementation of Rowell's Waterfront Park. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: LEGISLATIVE FINDINGS AND INTENT. The above stated recitals to this Ordinance are hereby incorporated into this Ordinance by the BOCC as the legislative intent pertaining to this Ordinance. SECTION 2: EMERGENCY ENACTMENT. Pursuant to State law and based on the legislative findings set forth herein, it is declared that an emergency exists requiring immediate action by the BOCC. SECTION 3: ROWELL'S WATERFRONT PARK. For purposes of this Ordinance Rowell's Waterfront Park means the area described as Tracts 1 and 2, Highland Shores, according to the Plat thereof as recorded in Plat Book 3, Page 39, of the Public Records of Monroe County, Florida; Alternate Key: 1626015 Parcel ID: 00508200-000000 and Alternate Key: 1626023 Parcel ID: 00508210-000000. SECTION 4: PARK HOURS. Rowell's Waterfront Park shall be open every day from 7:30 a.m. until sunset. SECTION 5: PROHIBITED ACTIVITIES. The following activities are prohibited at Rowell's Waterfront Park: 1. Camping. 2. Dogs. Exception to this prohibition is for service dogs that accompany and are trained to do work or perform tasks for people with disabilities. 3. Possession or consumption of alcohol beverages. For the purposes of this section, the term "alcoholic beverage" means distilled spirits and all beverages containing one-half of one percent or more alcohol by volume. 4. Fires, camp fires, grilling, bonfires. No person shall cook or light or maintain any cooking fire, campfire, or other fire. 5. Motor boats, jet skis, parasail, kiteboarding, or motorized watercraft of any type. 6. Golf balls and golfing. No person may hit or otherwise propel, place or leave golf balls in the park. 7.Operation of drones from the park premises. 8. Use, handling, possession or discharge of fireworks or explosives. 9. Sale of any goods or merchandise. SECTION 6: USE OF SEAWALL. Diving from the seawall and mooring of boats to the seawall are prohibited. SECTION 7: SWIMMING. All swimming shall be at the individual swimmer's own risk. The waterfront areas shall be marked with signage prominently warning that there is no safety equipment or lifeguard on the premises and that persons must be aware of natural conditions, water current and depths, and swim at their own risk. SECTION 8: PARKING. Patrons of Rowell's Waterfront Park shall park vehicles inside the park only, and may not park along or on the right-of-way, bike paths, or roadway of Overseas Highway. SECTION 9: DOCKING, EMBARKING and DISEMBARKING. No person shall dock a vessel of any kind, nor shall any person embark or disembark a vessel from the seawall at Rowell's Waterfront Park. The boat ramp shall only be used to launch or land kayaks, canoes, paddle boards, and similar self-propelled watercraft. SECTION 10: PENALTIES. A violation of any of the provisions set forth in this Ordinance shall be punishable as provided in section 18-27(p) and section 1-8 of the Monroe County Code of Ordinances. SECTION 11: SEVERABILITY. If any portion of this Ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. 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 12: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 13: FILING: Pursuant to F.S. 125.66(3), the Clerk is directed to transmit by email a certified copy of this Ordinance to the Florida Department of State as soon after enactment as is practicable and to the Municipal Code Corporation for publication; however the editors at Municipal Code Corporation are directed not to codify this Ordinance without further direction from the BOCC. SECTION 14: EFFECTIVE DATE. This Ordinance shall become effective immediately upon the Clerk's receipt of a confirmation email from the Department of State. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, through emergency enactment procedures authorized by F.S. 125.66(3), on the 18`h day of May 2016. Mayor Heather Carruthers Mayor Pro Tern George Neugent Commissioner Danny Kolhage Commissioner David Rice Commissioner Sylvia Murphy (SEAL) Attest: AMY HEAVILIN, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor MONAO COUNTY F O EY P D CHRIS 8ROS10 ASSISTANT COUNTY TTORNEY Date: ✓`�� 7' 6-E DOG FRIENDLY ALTERNATIVE VERSION /� ,/ n 1/ I Q' Qb/ m SA DOG FRIENDLY ALTERNATIVE VERSION ORDINANCE -2016 AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, PROVIDING FOR CREATION OF ROWELL'S WATERFRONT PARK; PROVIDING FOR PARK HOURS; PROVIDING FOR PERMISSIBLE AND PROHIBITED ACTIVITIES; PROVIDING FOR PENALITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Florida Statute section 125.01(1)(f) the Board of County Commissioners for Monroe County (BOCC) is granted the authority, among others, to provide parks, playgrounds and recreation areas; and WHEREAS, the BOCC finds that public parks and recreation areas provide sites where the families and citizens of Monroe County can benefit from and engage in healthy recreational activities; and WHEREAS, in December 2013, the County purchased the property formerly known as Rowell's Marina to provide additional recreational opportunities and open space for County residents by eventually converting the property into a public park; and WHEREAS, since taking ownership of the property, the BOCC has permitted community events to take place but due to site conditions has not opened the property up for general use by the public; and WHEREAS, the BOCC finds that providing Rowell's Waterfront Park in Key Largo as a free and open public recreational area on Memorial Day Weekend 2016 offers such a recreational park area that benefits the families and citizens of Monroe County; and WHEREAS, under Florida Statute section 125.66(3) the BOCC is granted the authority for emergency enactment of ordinances; and WHEREAS, it is the vision and desire of the BOCC to immediately provide and make available Rowell's Waterfront Park as a public park beginning on Memorial Day Weekend 2016 through emergency enactment of this Ordinance as permitted by Florida Statutes; and WHEREAS, without proceeding through this emergency enactment, the opening of Rowell's Waterfront Park would be delayed several months and it would not be available for the public to enjoy and benefit from during an important holiday for Monroe County citizens, that being Memorial Day Weekend; and DOG FRIENDLY ALTERNATIVE VERSION WHEREAS, the BOCC further intends that this Ordinance be adopted to protect the public health and safety and promote safe use of Rowell's Waterfront Park; and WHEREAS, the Monroe County Sheriff and his deputies are authorized by law to enforce Florida Laws and County Ordinances; and WHEREAS, Rowell's Waterfront Park must have written rules established by Ordinance in order for the Sheriff and his deputies to enforce those rules; and WHEREAS, the BOCC does hereby declare that an emergency exists and that immediate enactment of this Ordinance is necessary, and by no less than a four -fifths vote of the BOCC does hereby waive notice of intent to consider this Ordinance; and WHEREAS, it is the intention of the BOCC that this Ordinance shall establish the initial set of rules for Rowell's Waterfront Park but that a more comprehensive ordinance will be considered at a later date after public discussions and input, and that the future ordinance shall be codified into the Monroe County Code of Ordinances after regular meetings as to the development, establishment, and implementation of Rowell's Waterfront Park. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: LEGISLATIVE FINDINGS AND INTENT. The above stated recitals to this Ordinance are hereby incorporated into this Ordinance by the BOCC as the legislative intent pertaining to this Ordinance. SECTION 2: EMERGENCY ENACTMENT. Pursuant to State law and based on the legislative findings set forth herein, it is declared that an emergency exists requiring immediate action by the BOCC. SECTION 3: ROWELL'S WATERFRONT PARK. For purposes of this Ordinance Rowell's Waterfront Park means the area described as Tracts 1 and 2, Highland Shores, according to the Plat thereof as recorded in Plat Book 3, Page 39, of the Public Records of Monroe County, Florida; Alternate Key: 1626015 Parcel ID: 00508200-000000 and Alternate Key: 1626023 Parcel ID: 00508210-000000. SECTION 4: PARK HOURS. Rowell's Waterfront Park shall be open every day from 7:30 a.m. until sunset. SECTION 5: PROHIBITED ACTIVITIES. The following activities are prohibited at Rowell's Waterfront Park: DOG FRIENDLY ALTERNATIVE VERSION 1. Camping. 2. Possession or consumption of alcohol beverages. For the purposes of this section, the term "alcoholic beverage" means distilled spirits and all beverages containing one-half of one percent or more alcohol by volume. 3. Fires, camp fires, grilling, bonfires. No person shall cook or light or maintain any cooking fire, campfire, or other fire. 4. Motor boats, jet skis, parasail, kiteboarding, or motorized watercraft of any type. 5. Golf balls and golfing. No person may hit or otherwise propel, place or leave golf balls in the park. 6. Operation of drones from the park premises. 7. Use, handling, possession or discharge of fireworks or explosives. 8. Sale of any goods or merchandise. SECTION 6: DOGS. Dogs are allowed in Rowell's Waterfront Park under the following conditions: a. Dogs must be kept on a leash no greater than eight feet long. b. Dogs are not allowed in the swimming basin or within 150 feet of the waterfront. c. All dogs must be accompanied at all times by an adult human owner or handler. d. Dog owners or handlers must clean up after dogs and properly dispose of waste. The county shall provide Mutt Mitts and Doo-Drop in stations for this purpose. e. Dogs exhibiting aggressive behavior towards a human or animal or creating a nuisance must be immediately removed from the park. f. There shall be no more than three dogs per owner or handler per visit. g. Puppies under four months of age are not allowed. h. If a dog digs, the dog must be stopped immediately and the owner/handler must fill the hole. i. All dogs must have current rabies vaccinations and county licenses and be wearing their tags while in the park. j. Dogs in heat, ill and having excessive fleas, ticks, or other internal or external parasites are not allowed. SECTION 7: USE OF SEAWALL. Diving from the seawall and mooring of boats to the seawall prohibited. SECTION S: SWIMMING. All swimming shall be at the individual swimmer's own risk. The waterfront areas shall be marked with signage prominently warning that there is no safety equipment or lifeguard on the premises and that persons must be aware of natural conditions, water current and depths, and swim at their own risk. DOG FRIENDLY ALTERNATIVE VERSION SECTION 9: PARKING. Patrons of Rowell's Waterfront Park shall park vehicles inside the park only, and may not park along or on the right-of-way, bike paths, or roadway of Overseas Highway. SECTION 10: DOCKING, EMBARKING and DISEMBARKING. No person shall dock a vessel of any kind, nor shall any person embark or disembark a vessel from the seawall at Rowell's Waterfront Park. The boat ramp shall only be used to launch or land kayaks, canoes, paddle boards, and similar self-propelled watercraft. SECTION 11: PENALTIES. A violation of any of the provisions set forth in this Ordinance shall be punishable as provided in section 18-27(p) and section 1-8 of the Monroe County Code of Ordinances. SECTION 12: SEVERABILITY. If any portion of this Ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. 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 13: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 14: FILING: Pursuant to F.S. 125.66(3), the Clerk is directed to transmit by email a certified copy of this Ordinance to the Florida Department of State as soon after enactment as is practicable and to the Municipal Code Corporation for publication; however the editors at Municipal Code Corporation are directed not to codify this Ordinance without further direction from the BOCC. SECTION 15: EFFECTIVE DATE. This Ordinance shall become effective immediately upon the Clerk's receipt of a confirmation email from the Department of State. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, through emergency enactment procedures authorized by F.S. 125.66(3), on the 18`" day of May 2016. Mayor Heather Carruthers Mayor Pro Tern George Neugent Commissioner Danny Kolhage Commissioner David Rice Commissioner Sylvia Murphy (SEAL) Attest: AMY HEAVILIN, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor