Ordinance 020-2016ORDINANCE NO. 020 - 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
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 Count 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:
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 are prohibited.
SECTION 8 : 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 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
Rov, 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), o the
18
of May 2016.
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Mayor Heather Carruthers Yes
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Mayor Pro Tem George Neugent Yes
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Commissioner Danny Kolhage Yes
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Commissioner David Rice Yes
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Commissioner Sylvia Murphy Yes
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HEAVILIN, Clerk
BOARD OF COUN C MISSIONERS
OF MONROE A
By:
a5- l ( P MONHOE COUNTY A ORNE
APPROVED AS TO(
ASSISTANT COU NTY TTORNEY
Date:
AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
May 25, 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 020 -2016 Approval of an Emergency
Ordinance creating Rowell's Waterfront Park and providing park hours and permissible and prohibited
activities.
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.
Res ectfully s 9XIU 4 f
Amy He ilin, 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
KEN DETZNER
Secretary of State
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:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 020 -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.fl.us