Ordinance 017-2016ORDINANCE 017 -2016
AN ORDINANCE AMENDING SECTION 174(b) AND SECTION
18 -1 AND CREATING SECTION 17 -4(e) OF THE MONROE
COUNTY CODE; ADDING THAT THE PROHIBITION OF
CAMPING ON COUNTY -OWNED PROPERTY EXPRESSLY
INCLUDES PUBLIC PARKS AND RECREATIONAL
FACILITIES, AND APPLIES AT ALL TIMES OF DAY AND
NIGHT; PROVIDING THE COUNTY ADMINISTRATOR WITH
EXPLICIT AUTHORITY TO WAIVE THE PROHIBITION OF NO
CAMPING ON PUBLIC PROPERTY ON A PER EVENT BASIS;
PROVIDING THE COUNTY ADMINISTRATOR WITH
EXPLICIT AUTHORITY TO WAIVE THE PROHIBITION OF NO
PERSONS REMAINING IN PARKS DURING CLOSED HOURS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ALL ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Monroe County has many county -owned public parks and recreational facilities
throughout the County; and
WHEREAS, Monroe County Code of Ordinances (MCC) § 17 -4 prohibits camping on
county -owned property and MCC § 174(b) states that no person shall camp on county -owned property;
and
WHEREAS, MCC § 17 -4(a) defines county -owned property as any property owned and /or
managed by the board of county commissioners (`BOCC "), as well as property owned and /or managed in
its capacity as the County comprehensive plan land authority regardless of whether the property is located
in the unincorporated portion of the County or within the territorial limits of any municipality within the
County; and
WHEREAS, county -owned public parks and recreational facilities are not expressly included in
the definition of county -owned property in MCC §17-4(a) or in the prohibition of camping on
county -owned property contained in MCC § 17-4(b); and
WHEREAS, MCC § 18 -1 mandates that all County parks and beaches in the unincorporated areas
of the County, except Harry Harris Park, Tavernier, Florida, shall be closed during the hours of 11:00 p.m.
to 7:00 a.m. No person shall enter or remain at any such park or beach during those hours. The prohibition
of this section may be waived by the board of county commissioners on a per -event basis; and
WHEREAS, MCC §18 -27(3) authorizes the County Administrator or his/her designee to
temporarily modify County park hours for a period up to 90 days by memorandum setting forth the revised
hours of operation and the beginning and ending dates for the revised hours and to present the
memorandum to the next available regularly scheduled BOCC meeting; and
Page 1 of 4
WHEREAS, historically some groups that sponsor, produce, participate in, or contribute to public
benefit and /or charitable organization events have requested that the County extend or waive the codified
park hours, waive the prohibition of particular uses or activities in the parks and waive the prohibition of
camping on county -owned property, specifically to camp in county -owned parks and /or recreational
facilities; and
WHEREAS, other Sections of the MCC relating to county -owned property and parks provide
explicit authority to waive the prohibitions contained in those Sections, for example, the waiver authority
granted in MCC § 18- 1(codified park hours) and § 18- 2(b)(conceming possession or consumption of
alcoholic beverages on public beaches and parks); and
WHEREAS, pursuant to F.S. §125.74(a), the County Administrator is authorized to administer
and carry out the directives and policies of the BOCC and enforce all orders, resolutions, ordinances, and
regulations of the BOCC; and
WHEREAS, pursuant to F.S. § 125.74(g), the County Administrator is authorized to supervise the
care and custody of all county property; and
WHEREAS, pursuant to MCC §2 -58(a) and (b) the BOCC adopted the county administration law
as contained in F.S, Ch. 125, pt. III (F.S. § 125.70 et seq.) and the County Administrator powers and duties
set forth in F.S. §125.74; and
WHEREAS, MCC § 17-4(b) needs to be amended to expressly state that the prohibition of
camping on County property includes county -owned public parks and recreational facilities and that the
prohibition applies at all times of day and night; and
WHEREAS, Section 174(e) of the MCC should be created to provide the County Administrator
with explicit authority to waive the prohibition of camping on county -owned property, including public
parks and recreation facilities, on a per event basis, and to create uniformity and consistency with other
Sections that explicitly authorize a waiver of the prohibitions set forth in those Sections; and
WHEREAS, MCC §18 -1 needs to be amended to replace the BOCC with the County
Administrator as having explicit authority to waive the prohibition of persons remaining in County parks
in unincorporated areas during certain closed hours and to make it consistent with the County
Administrator's authority to temporarily modify County park hours for certain parks pursuant to
§ 18- 27(3);
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 174(b) of the Monroe County Code is hereby amended to read as follows:
(b) Prohibition. No person shall camp on county -owned property. This prohibition applies to all
county -owned public parks and recreational facilities. This prohibition applies at all times of day and
Page 2 of 4
night. The mere act of a person sleeping in a public place is not alone sufficient to constitute a violation of
this section, unless at least one indicium of camping exists.
(1) Before making an arrest under this section, a law enforcement officer must first inquire of a
person accused of violating this section whether that person is homeless; or
(2) Before a person claiming to be homeless may be arrested under this section, a law
enforcement officer must first advise the person of the availability of a safe zone and afford the person the
option of relocation to a safe zone in lieu of arrest.
SECTION 2: Section 17 -4(e) of the Monroe County Code is hereby created to read as follows:
(e) The prohibition of camping on county -owned property, including county -owned public parks and
recreational facilities, may be waived by the County Administrator or his/her designee on a per event
basis. The County Administrator or his/her designee may require the group requesting waiver of the
prohibition to provide liability insurance naming Monroe County Board of County Commissioners as an
additional insured in a form and amount satisfactory to the County Administrator or his/her designee.
SECTION 3: Section 18 -1 of the Monroe County Code is hereby amended to read as follows:
Unless otherwise provided by ordinance, all county parks and beaches in the unincorporated areas
of the county, except Harry Harris Park, Tavernier, Florida, shall be closed during the hours of 11:00 p.m.
to 7:00 a.m. No person shall enter or remain at any such park or beach during those hours. The prohibition
of this section may be waived by the County Administrator or his/her designee on a per -event basis.
SECTION 4: SEVERABILITY. Should any portion 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 a 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 5: 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 6: INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance
shall be included and incorporated in the Code of Ordinance of the County of Monroe, Florida, as an
addition or amendment thereto, and shall be appropriately renumbered as needed to conform to the
uniform numbering system of the code.
SECTION 7: EFFECTIVE DATE. This Ordinance shall take effect upon the filing with the Department
of State as provided in F. S. § 125.66(2).
Page 3 of 4
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 18 th day of May , 2016.
Mayor Heather Carruthers
_Yes
Mayor Pro Tem George Neugent
Yes
Commissioner Danny Kolhage
Yes
Commissioner David Rice
Yes
Commissioner Sylvia Murphy
Yes
(SEAL) BOARD OF COUNTY COMMISSIONERS
At MY HEAVILIN, Clerk OF MONROE CO TY LORIDA
0 By:
erk 5 M ayor
r
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
CHRIS AMBROSIO
ASS COUNTY ATTORNEY
Date,
Page 4 of 4
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lcvly
THE REPORTER
ITION OF CAMPING ON
COUNTY -OWNED PROPER-
TY EXPRESSLY INCLUDES
Published Weekly
PUBLIC PARKS AND REC-
Tavernier, Monroe County, Florida
REATIONAL FACILITIES,
AND APPLIES AT ALL TIMES
OF DAY AND NIGHT;
PROVIDING THE COUNTY
PROOF OF PUBLICATION
ADMINISTRATOR WITH
EXPLICIT AUTHORITY TO
WAIVE THE PROHIBITION
STATE OF FLORIDA
OF NO CAMPING ON PUB -
LIC PROPERTY ON A PER
COUNTY OF MONROE
EVENT BASIS; PROVIDING
THE COUNTY ADMINISTRA-
Before the undersigned authority personally
TOR WITH EXPLICIT
appeared RICHARD TAMBORRINO who on
AUTHORITY TO WAIVE
oath, says that he is PUBLISHER of THE
THE PROHIBITION OF NO
PERSONS REMAINING IN
REPORTER, a weekly newspaper published in
PARKS DURING CLOSED
Tavernier, in Monroe County, Florida: that the
HOURS PROVIDING FOR
SEVERABILITY; PROVIDING
attached copy of advertisement was published in
FOR REPEAL OF ALL ORDI-
said newspaper In the Issues of: (date(s) Of
PROVIDING AN EFFECTIVE
publication)
DATE.
& jw
Pursuant Section 05,
/ _
'Florida Statutes, utes, notice ice is is giv-
en 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
Affiant further says that the said THE
need a record of the proceed-
REPORTER is a newspaper published at
ings, and that, for such pur-
pose, he may need to ensure
Tavernier, in said Monroe County, Florida, and
Ad# 2411139
that a verbatim record of the
that the said newspaper has heretofore been
NOTICE OF INTENTION TO
proceedings is made, which
record includes the testimony
continuous) published In said Monroe Count
y p y
CONSIDER ADOPTION OF
and evidence upon which the
Florida, each week (on Friday) and has been
COUNTY ORDINANCE
appeal is to be based.
entered as a second class mail matter at the
NOTICE IS HEREBY GIVEN
ADA ASSISTANCE: If you
post office in Tavernier, in Monroe County
TO WHOM IT MAY CON-
are a person with a disability
Florida, for a period of one year next preceding
CERN that on May 18, 2016 at
who needs special accom-
modations in order to partici-
the first publication of the attached Copy of
3:00 P.M., or as soon there-
after as may be heard, in the
pate in this proceeding,
advertisement. The affiant further says that he
Harvey overnment Center,
Truman
please contact the County
Administrator's Office, by
has neither paid nor promised any person, firm,
1200 Avenue, Key
West Monroe County,
phoning (305) 292 -4441,
or corporation an discount, rebate, commission
p y
Florida, the Board of County
between the hours of 8:30
a.m. - 5:00 p.m., no later than
or refund for the purpose of securing this
Commissioners of Monroe
County, Florida, intends to
five (5) calendar days prior
advertisement for ublication in the said
p
consider the adoption of the
to the scheduled meeting;
if you are hearing or voice
newspaper(s) and that The THE REPORTER is
following County ordinance:
impaired, call "711".
in full compliance with Chapter 50 of the Florida
AN ORDINANCE AMENDING
Dated at Key West, Florida,
State Statutes on Legal and Official
i
SECTION 17 4(b) AND SEC-
TION 18 -1 AND CREATING
this 22nd day of April, 2016.
Advertisem
SECTION 17 -4(e) OF THE
MONROE COUNTY CODE;
AMY HEAVILIN, Clerk of the
ADDING THAT THE PROHIB-
Circuit Court and ex officio
CONTINUED IN NEXT COLUMN
Clerk of the Board of County
CONTINUED IN NEXT COLUMN
Richard Tamborrino, Publisher
Commissioners of Monroe
County, Florida
(SEAL)
Published April 29, 2016
The Reporter
Sworn to and subscribed before me this
Day of &/ � / ) _ , 2016 RECEIVED
Notary
(SEAL)
BEVERLYTRAEGER
MY COMMISSION ti FF 108704
EXPIRES: April 18, 2018
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JUN - 8 2016
MONROE COUNTY ATTORNEY
F L 0 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
publication)
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 and Official Advertisements.
i�
Richard Tamborrino, Publisher
Sworn to and subscribed before me this
_Day of 2016
Notary (�
(SEAL)
�� .•�:Y BEVERLY TRAEGER
MY COMMISSION # FF 108704
a EXPIRES: April 18 2018
y V �t;P' Bonded Thru Notary Public Underwriters
Ad# 2411138
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CON-
CERN that on May 18, 2016 at
3:00 P.M., or as soon there-
after as may be heard, in the
Harvey Government Center,
1200 Truman Avenue, Key
West, Monroe County,
Florida, the Board of County
Commissioners of Monroe
County, Florida, intends to
consider the adoption of the
following County ordinance:
AN ORDINANCE AMENDING
SECTION 17 -4(b) AND SEC-
TION 18 -1 AND CREATING
SECTION 17 -4(e) OF THE
MONROE COUNTY CODE;
ADDING THAT THE PROHIB-
ITION OF CAMPING ON
COUNTY -OWNED PROPER-
TY EXPRESSLY INCLUDES
PUBLIC PARKS AND REC-
REATIONAL FACILITIES,
AND APPLIES AT ALL TIMES
OF DAY AND NIGHT;
PROVIDING THE COUNTY
ADMINISTRATOR WITH
EXPLICIT AUTHORITY TO
WAIVE THE PROHIBITION
OF NO CAMPING ON PUB-
LIC PROPERTY ON A PER
EVENT BASIS; PROVIDING
THE COUNTY ADMINISTRA-
TOR WITH EXPLICIT
AUTHORITY TO WAIVE
THE PROHIBITION OF NO
PERSONS REMAINING IN
PARKS DURING CLOSED
HOURS; PROVIDING FOR
SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDI-
NANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE
DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is giv-
en 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 22nd day of April, 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 27, 2016
N�
RECEIVED
JUN - 8 2016
MONROE COUNTY ATTORNEY
NOTICE OF INTENTION TO
CONSIDER r RECEIVED
ADOPTION OF COUNTY
ORDINANCE KEY WEST STATE OF FLORIDA
NOTICE IS HEREBY GIVEN [TIZEN JUN 13 2016
TO WHOM IT MAY CONCERN yNewspaper,Est.1878 COUNTY OF MONROE
that on May 18,2016 at 3:00 cations, LLC MONROE COUNTY ATTORNEY
P.M.,or as soon thereafter as
may be heard,in the Harvey Before the undersigned authority personally appeared Paul Clarin, who on
Government Center, 1200 041 oath says that he is Publisher of the Key West Citizen, a daily newspaper
Truman Avenue,Key West, published in KeyWest, in Monroe County, Florida; that the attached copyof
Monroe County,Florida,the 2-7777 tY
Board of County 19 advertisement, being a legal notice in the matter of
Commissioners of Monroe 5-8025
County, Florida,intends to
consider the adoption of the WS,COm / V V�`Ci:>_ N �' Jn1 O/ ) Ilse
following County ordinance: V `' I( /�
AN ORDINANCE AMENDING RING
�r/13
N Wv/V " 0 LU/6e l li P*eA".SECTION 17-4(b)AND u
SECTION 18-1 AND
CREATING SECTION 17-4(e)
OF THE MONROE COUNTY was published in said newspaper in the issue(s) of
CODE;ADDING THAT THE
PROHIBITION OF CAMPING ��
ON COUNTY-OWNEDbcfWIPROPERTY EXPRESSLY ADA ASSISTANCE: If you are a '
INCLUDES PUBLIC PARKS person with a disability who
AND RECREATIONAL . needs special accommodations ler says that the Key West Citizen is a newspaper published in
FACILITIES,AND APPLIES in order to participate in this said Monroe County, Florida and that the said newspaper has
AT ALL TIMES OF DAY AND proceeding,please contact the
NIGHT;PROVIDING THE County Administrator's Office, n continuously published in said Monroe County, Florida every
COUNTY ADMINISTRATOR by phoning(305)292- a4441,
WITH EXPLICIT AUTHORITY between the hours of 8:30 .m. )een entered as second-class mail matter at the post office in Key
TO WAIVE THE PROHIBITION -5:00 p.m., no later than five(5) Monroe County, Florida, for a period of 1 year next preceding
OF NO CAMPING ON PUBLIC calendar days prior to the
PROPERTY ON A PER EVENT scheduled meeting; if you are cation of the attached copy of advertisement; and affiant further
COUNTY
BASIS; PROVIDING
THE
hearing or voice impaired,call .as neither paid nor promised any person, firm or corporation any
"711".
WITH EXPLICIT AUTHORITY )ate, commission or refund for the purpose of securing this
TO WAIVE THE PROHIBITION Dated at Key West,Florida,this t for publication in the said new •:per.
OF NO PERSONS 22nd day of April,2016.
REMAINING IN PARKS AMY HEAVILIN, '�
DURING CLOSED HOURS; Clerk of the Circuit Court - m^"'""'s___
PROVIDING FOR and ex officio Clerk of the Board
SEVERABILITY; PROVIDING of County Commissioners of
FOR REPEAL OF ALL Monroe County, Florida
ORDINANCES IN CONFLICT; Signature of Affiant
AND PROVIDING AN April 27,2016
EFFECTIVE DATE. Key West Citizen
Pursuant to Section 286.0105, wy
Florida Statutes,notice is given .D Sworn and subscribed before me this day of , 2016
that if a person decides to
appeal any decision made by
the Board with respect to any :eys.com ,
matter considered at such NotaryPublic: :p..1+e, DAWN KAWZINSKY
hearings or meetings,he will = MY COMMISSION FF 944194
need a record of the i :. ,;a EXPIRES:January 4,2020
proceedings,and that,for such ;'
F ��'F / Bonded Thru Notary Public Underwriters
purpose, he may need to p I --
ensure that a verbatim record of \L 0;/ly\))J
the proceedings is made,which
record includes the testimony
and evidence upon which the Dawn Kawzinsky is to be based.
Expires: 1/4/2020 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
AMY REAVILIN, CPA
CLERK Of CIRCUIT COURT &COMPTROLLER
MON80E COUNTY, FLORIDA
May 26, 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. 017 -2016 Public Hearing to consider an
Ordinance amending Sections 174(b) and 18 -1 and creating Section 174(e) of the Monroe County
Code to expressly state that camping in county -owned parks and recreational facilities is prohibited and
providing the County Administrator with authority to waive that prohibition.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on May 18, 2016. Please file for the record. Should you have
any questions please feel free to contact me at (305) 295 -3130.
Respectfully s; itted,
�i,� bm�'SM
Amy Hea lin, CPA,
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
1s
RICK SCOTT
Governor
May 26, 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. 017 -2016, which was filed in this office on May 26,
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.il.us