Ordinance 008-2016ORDINANCE 008 -2016
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 18 -27 (n)(1)
AND (n)(2) OF THE MONROE COUNTY CODE; RENAMING
THE SKATE PARKS AT KEY LARGO COMMUNITY PARK
AND BIG PINE KEY PARK TO SKATE AND BIKE PARKS;
ALLOWING FOR FREESTYLE BICYCLING IN THE SKATE
AND BIKE PARKS; MAKING LEGISLATIVE FINDINGS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
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 only skateboarding and in -line skating
are currently authorized; and
WHEREAS, in response to residents' requests to allow freestyling bicycling in the skate parks,
the County Attorney's office has drafted new rules to add freestyle bicycling as an authorized activity in
the skate parks at the Key Largo Park and the Big Pine Park; 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
WHEREAS, the skate parks at the Key Largo Park and the Big Pine Park shall now be referred to
and identified as "Skate and Bike Parks "; and
WHEREAS, because MCC Section 18 -27 (n)(1) and (n)(2) don't authorize freestyle bicycling in
the Skate and Bike Parks at the Key Largo Park and the Big Pine Park, County staff seeks to amend the
Code to allow such activity;
Page 1 of 2
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1 : Section 18- 27(n)(1) and (n)(2) are hereby amended to read as follows:
(n) Skating, rollerblading, skateboarding, and bicycling.
(1) No person shall skate, rollerblade, skateboard, ride a bicycle, 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 and bike park at Key Largo Community Park shall be established by resolution of the board of
county commissioners, shall be provided to users, and shall be posted at the skate and bike park. Only use
of skateboards, inline skates, and freestyle bicycles are permitted in the designated Skate and Bike Parks
facility of Key Largo Community Park. The Skate and Bike Park is not intended for mountain or off -road
bicycling.
(2) No person shall skate, rollerblade, skateboard, play racquetball, handball, roller hockey, use the
multi - purpose courts, fitness stations, ride a bicycle, 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 and bike park at
Big Pine Key Park shall be established by resolution of the board of county commissioners, shall be
provided to users, and shall be posted at the skate and bike park. Only use of skateboards, inline skates,
and freestyle bicycles are permitted in the designated Skate and Bike Parks facility of Big Pine Key Park.
The Skate and Bike Park is not intended for mountain or off -road bicycling.
SECTION 2: 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 3: 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 4: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the
Department of state and shall be effective 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 20 th day of April , 2016. MONROE COUNTY ATTORNEY
APPR VED AS TO FORM
Mayor Heather Carruthers Yes
Mayor Pro Tem George Neugent Not Pre sent C��
Commissioner Danny Kolhage Yes CHRIS AMBROSIO 4
Commissioner David Rice Yes u
ASSISTANT COUNTY ATTORNEY P
Yes Date: l (?\ —/ /
BOARD OF COUNTY C MMISSIONERS
OF MONROE COUNT L I A o `*�
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By: <
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NOTICE OF INTENTION TO
CONSIDER
ADOPTION OF COUNTY
+0RDl1Ni''4CE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN KEY WEST
that on April 20, 2016 at 3:00 �
P.M., or as soon thereafter as T �� .1 J N
may be heard, in the Newsy ver, Est. 1876
Commission Chambers ations, LLC
located in the Marathon
STATE OF FLORIDA
COUNTY OF MONROE
Government Center, 2798 Before the undersigned authority personally appeared Tommy Todd, who on
Overseas Highway, Mile
Marker 50, Marathon, Monroe 41 oath says that he is Advertising Director of the Key West Citizen, a daily
County, Florida, the Board of new ublished in Key West in Monroe Cou that the
County Commissioners of ; -7777 p Y � tS'> Flor >
Monroe County, Florida, intends attached copy of advertisement, being a legal notice in the matter of
to consider the adoption of the _g025
following County ordinance:
is,com
AN ORDINANCE OF THE
MONROE COUNTY BOARD
OF COUNTY
COMMISSIONERS
AMENDING SECTION 18 -27
(n)(1) AND (n)(2) OF THE
MONROE COUNTY CODE;
RENAMING THE SKATE
PARKS AT KEY LARGO
COMMUNITY PARK AND BIG
PINE KEY PARK TO SKATE
AND BIKE PARKS;
ALLOWING FOR FREESTYLE
BICYCLING IN THE SKATE
AND BIKE PARKS; MAKING
LEGISLATIVE FINDINGS;
PROVIDING FOR
SEVERABILITY; PROVIDING
FOR REPEAL OF ALL
ORDINANCES
INCONSISTENT HEREWITH;
AND PROVIDING FOR AN
EFFECTIVE DATE.
1,Ce k -: fjU �AA 4 I - do - v+
ING (� l+1e� Se -� U7 rN) C0 CND C2�
was published in said newspaper in the issue(s) of
C A—
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, and has been entered as second -class mail matter at the post office in Key
West, in said Monroe County, Florida, for a period of 1 year next preceding
the first publication of the attached copy of advertisemen • affiant further
says that he has neither paid nor promis erson fl rm or c (krporation any
discount, rebate, commission or and for a urpose of jecuring this
advertisement for publication in a said newspa
Iss
CES
=ICES
lity
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 )m
purpose, he may need to
ensure that a verbatim record of
the proceedings is made.. which y
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
"711 ".
Dated at Key West, Florida, this
24th day of March, 2016.
AMY HEAVILIN,
Clerk of the Circuit Court
and ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
S
Sworn and subscribed before me this (.- day of March, 2016
ys.com . .... DAWN KAWZINSKY
Notary Public MY COMMISSION # FF 944154
.A EXPIRES: January 4, 2020
kd :� Bonded Thru Notary Public Undenurilers
Dawn Kawzinsky
Expires: 1/4/2020 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
March 28, 2016
Key West Citizen
F L O R 1 0 A K E Y S
KEYNOTER
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally
appeared RICHARD TAMBORRINO who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice weekly
newspaper published in Marathon, in Monroe
County, Florida: that the attached copy of
advertisement was published in said
newspaper in the issues of: (date(s) of
t,
.ca
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published at
Marathon, in said Monroe County, Florida, and
that the said newspaper has heretofore been
continuously published in said Monroe County,
Florida, twice each week (on Wednesday and
Saturday) and has been entered as a second
class mail matter at the post office in
Marathon, in Monroe County, Florida, for a
period of one year next preceding the first
publication of the attached copy of
advertisement. The affiant further says that
he has neither paid nor promised any person,
firm, or corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for publication in
the said newspaper(s) and that The Florida
Keys Keynoter is in full compliance with
Chapter 50 of the Florida State Statutes on
Legal �; nd Official Advertisements.
Richard Tamborrino, Publisher
Sworn to and subscribed before me this
Day of 2016
Notary
(SEAL)
•• ° yam ; BEVERLY TRAEGER
;.; MY COMMISSION ti FF 108704
P EXPIRES: April 18 2018
Bonded Thru Notary Public Underwriters
Ad# 2357480
NOTICE OF INTENTION
TO CONSIDER ADOPTION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CON-
CERN that on April 20, 2016
at 3:00 P.M., or as soon
thereafter as may be heard,
in the Commission Cham-
bers located in the Marathon
Government Center, 2798
Overseas Highway, Mile
Marker 50, Marathon, Monroe
County, Florida, the Board
of County Commissioners of
Monroe County, Florida, in-
tends to consider the adoption
of the following County ordi-
nance:
AN ORDINANCE OF THE
MONROE COUNTY BOARD
OF COUNTY COMMISSION-
ERS AMENDING SECTION
18 -27 (n)(1) AND (n)(2) OF
THE MONROE COUNTY
CODE; RENAMING THE
SKATE PARKS AT KEY
LARGO COMMUNITY PARK
AND BIG PINE KEY PARK
TO SKATE AND BIKE
PARKS; ALLOWING FOR
FREESTYLE BICYCLING IN
THE SKATE AND BIKE
PARKS; MAKING LEGISLA-
TIVE FINDINGS; PROVIDING
FOR SEVERABILITY; PRO-
VIDING FOR REPEAL OF
ALL ORDINANCES INCON-
SISTENT HEREWITH; AND
PROVIDING FOR AN EFFEC-
TIVE DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is
CONTINUED IN NEXT COLUMN
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 proceed-
ings, and that, for such pur-
pose, 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 accom-
modations in order to partici-
pate 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 "711 ".
Dated at Key West, Florida,
this 24th day of March, 2016.
AMY HEAVILIN, Clerk of the
Circuit Court and ex officio
Clerk of the Board of County
Commissioners of Monroe
County, Florida
(SEAL)
Published March 30, 2016
Florida Keys Keynoter
Ad# 2357490
THE REPORTER
Published Weekly
Tavernier, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally
appeared RICHARD TAMBORRINO who on
oath, says that he is PUBLISHER of THE
REPORTER, a weekly newspaper published in
Tavernier, in Monroe County, Florida: that the
attached copy of advertisement was published in
said newspaper in the issues of: (date(s) of
Oublication )
Affiant further says that the said THE
REPORTER is a newspaper published at
Tavernier, in said Monroe County, Florida, and
that the said newspaper has heretofore been
continuously published in said Monroe County,
Florida, each week (on Friday) and has been
entered as a second class mail matter at the
post office in Tavernier, in Monroe County,
Florida, for a period of one year next preceding
the first publication of the attached copy of
advertisement. The affiant further says that he
has neither paid nor promised any person, firm,
or corporation any discount, rebate, commission
or refund for the purpose of securing this
advertisement for publication in the said
newspaper(s) and that The THE REPORTER is
in full compliance with Chapter 50 of the Florida
St Status— on Legal and Official
Advertiser v
Richard Tamborrino, Publisher
Sworn to and subscribed before me this
:� Day of , //L.� _ ,2016
AJA4/_�,�
Notary
(SEAL)
1 �nr Hy �.
BEVERLY TRAEGER
*; MY COMMISSION it FF 108704
=; EXPIRES: April 18 2018
%EY? F °,, Bonded Thru Notary Public Underwriters
NOTICE OF INTENTION
TO CONSIDER ADOPTION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CON-
CERN that on April 20, 2016
at 3:00 P.M., or as soon
thereafter as may be heard,
in the Commission Cham-
bers located in the Marathon
Government Center, 2798
Overseas Highway, Mile
Marker 50, Marathon, Monroe
County, Florida, the Board
of County Commissioners of
Monroe County, Florida, in-
tends to consider the adoption
of the following County ordi-
nance:
AN ORDINANCE OF THE
MONROE COUNTY BOARD
OF COUNTY COMMISSION-
ERS AMENDING SECTION
18 -27 (n)(1) AND (n)(2) OF
THE MONROE COUNTY
CODE; RENAMING THE
SKATE PARKS AT KEY
LARGO COMMUNITY PARK
AND BIG PINE KEY PARK
TO SKATE AND BIKE
PARKS; ALLOWING FOR
FREESTYLE BICYCLING IN
THE SKATE AND BIKE
PARKS; MAKING LEGISLA-
TIVE FINDINGS; PROVIDING
FOR SEVERABILITY; PRO-
VIDING FOR REPEAL OF
ALL ORDINANCES INCON
SISTENT HEREWITH; AND
PROVIDING FOR AN EFFEC-
TIVE 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 proceed-
ings, and that, for such pur-
pose, 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 accom-
modations in order to partici-
pate 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 "711 ".
Dated at Key West, Florida,
this 24th day of March, 2016.
AMY HEAVILIN, Clerk of the
Circuit Court and ex officio
Clerk of the Board of County
Commissioners of Monroe
County, Florida
(SEAL)
Published April 1, 2016
The Reporter
Tavernier, FL 33070
AMY REAVILIN, CPA
CLERK OF CIRCUR COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
May 24, 2016
Mr. Ernest L. Reddick, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Mr. Reddick,
Enclosed please find a certified copy of Ordinance No. 008 -2016 A public hearing to consider an
ordinance amending Section 18- 27(n)(1) and (n)(2) of the Monroe County Code (MCC), to authorize
freestyle bicycling in the Skate and Bike Parks located at Key Largo Community Park and Big Pine Key
Park.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on April 20, 2016. Please file for the record. Should you have
any questions please feel free to contact me at (305) 295 -3130.
s ectful b 7 A, d CP , � 16 orl Amy He ilin,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
by: Cheryl Robertson, D. C.
cc: County Attorney via e -mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e -mail
MuniCode via e-mail
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305- 295 -3130 Fax. 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax. 305 -289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
RICK SCOTT
Governor
May 25, 2016
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 008 -2016, which was filed in this office on May 24,
2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.tl.us