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Item R1* 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 1/19/11 - KW Department: County Attorney Bulk Item: Yes No K Staff Contact Person: Pedro Mercado #3173 AGENDA ITEM WORDING: A public hearing for an ordinance amending Section 15 -27 of the County Code adding Watson Field on Big Pine Key to the list of County parks. ITEM BACKGROUND: The County entered in to a 10 year lease with the Big Pine Athletic Association at the October 2009 regular commission meeting for use of Watson Field on Big Pine Key as a recreational/park area. The amendment to section 18 -27 of the County code will add Watson Field to the list of recognized County parks and establish rules, regulations and hours of operation for the park and will also establish an area for use as a dog park. PREVIOUS RELEVANT BOCC ACTION: 12/15114 BOCC approved PH for 1119111 a@ 3: oo P.M. in Key Nest (Q -2 ) CONTRACT/AGREEMENT CHANGES: Adds Watson Field on Big Pine Key to the list of recognized County Parks. STAFF RECOMMENDATIONS: Approval. TOTAL COST: Adv costs INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: Adv costs SOURCE OF FUNDS. REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty K ONO/Purchasing Risk Management DOCUMENTATION. Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7109 ORDINANCE NO. -2010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING SECTION 18 -27, MONROE COUNTY CODE, IN ORDER TO ADD WATSON FIELD PARK TO THE LIST OF COUNTY PARKS, ESTABLISH THE BOUNDARIES OF WATSON FIELD PARK, ESTABLISH HOURS OF OPERATION FOR WATSON FIELD PARK, ESTABLISH AN AREA WHERE PETS ARE ALLOWED AT WATSON FIELD PARK, AND PROVIDE FOR RULES AND REGULATIONS FOR USE OF WATSON FIELD PARK; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 18 -27 of the Monroe County Code shall be amended as follows*: Sec. 18 -27. - Rules of conduct and operational procedures for certain parks. (a) Definitions. nitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Bay Point Park means the area described as follows: Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 2, Bay Point Amended Plat, Bay Point Key according to the Plat thereof as recorded in Plat Book 3, Page 75 of the Public Records of Monroe County, Florida, RE #'s 00160060, 00 160070, 00160080, 00160090, 00160100- 0160130. Bernstein Park means the area described as follows: Lots 1, 2, 3, 4 and 5, Block 57, George L. McDonald's Plat of Part of Stock Island, less the Westerly eight feet of Lot 1 and less the Easterly 30 feet of Lot 5, according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. Also a parcel of submerged land lying South of such Block 57, less that portion sold to Stock Island Utility Company by Warranty Deed recorded in Official Records Book 866, Pages 2446 -2450, of the Public Records of Monroe County, Florida, TWP. 67168 RNG. 25 SEC. 35, 36 & 2 RE# 123 85 OR 380 -3 81- 382. Big Coppitt Volunteer Fire Department Park means the area described as follows: Block 4, Lots 3, 4 and 5 Coppitt Subdivision Amended Plat, Big Coppitt Key, OR: 761 -408, Plat Book: 4 -50, Section 22, Township 67S, Range 26E. Big Pine Key Park means Tract A, Whispering Pines subdivision, Plat #3 as recorded in Plat Book 4 at Page 59 in the Public Records of Monroe County, Florida (RE#286360-000000) formerly known as Mariners Resort. Burr Beach Park means the area described as follows: Section 33, Township 62, Range 38, Park Sunny Haven PB 1 -185 Key Largo (Alternate Key: 8654944, Parcel ID: 00557181- 000000) Friendship Park means the area described as follows: Lots 29, 30, 31 and 32, Block 2, Hibiscus Park Subdivision. Lots 15, 16, 17, 18, 19, 20 and 21, Block 4, Industrial Acres Subdivision, Section 22 & 27, Township 61S, Range 39E. Garden Cove Park means the area described as follows: Tract F, Key Largo Beach, a subdivision in Section 33, Township 61 South, Range 39 East, Key Largo Key, Monroe County, Florida, as recorded in Plat Book 2, page 149, Public Records of Monroe County, Florida. Harry Harris Park means the area described as follows: Portions of Government Lot 3 and 4, Section 27, Township 62S, Range 38E, lying in open waters of Tavernier Harbor and Florida Bay. Government Lot 3, Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida, as per Government Township Map made in 1873 and approved by the Surveyor - General in 1874, less the following described portion thereof, that is above the mean high tide line: Beginning at the SE corner of such Government Lot 3 and run N on the E line of Government Lot 3, a distance of 27 feet more or less to the mean high tide line on the shore of Florida Bay; thence S W'ly meandering such mean high tide line, a distance of 55 feet more or less to the S line of such Government Lot 3; thence E on the S line of such Government Lot 3; a distance of 38 feet more or less to the point of beginning. Government Lot 4 in Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida, as per Government Township Map made in 1873 and approved by the Surveyor - General in 1874, less the following described portion thereof, that is above the high tide line: Beginning at the SW corner of Government Lot 4 and run E on the S line of such Government Lot 4, a distance of 220 feet more or less to the shore line on the W side of Tavernier Harbor; thence NW'ly along such shore line a distance of 400 feet more or less to the W side of such Government Lot 4, thence S 13 of 30'W along such W side of Government Lot 4, a distance of 400 feet more or less to the point of beginning. The above two parcels contain a net acreage of 70.98 acres, more or less. Key Largo Community Park means Lots 312 to 384, Port Largo Fourth Addition, Section 33, Township 61S, Range 39E, Monroe County, Florida. This parcel contain 615,623 square feet. 2 Little Duck Key Park means the area described as follows: Little Duck Key, Lot 1, Section 19, Township 66S, Range 31 E, OR: 15- 374 -376, RE# 00106160- 000000; Alternate Key: 1124800. Old Settlers Park means the area described as follows: A tract in Government Lot 2, Section 34, Township 62 South, Range 38 East, comprising portions of Lots 16 & 17, according to the George L. McDonald Plat of the Albury property, as recorded in Plat Book 1, Page 64, RE# 90020, 90030, 90040- 0001, 90070 90090, 90100, 90120 and 90130 and that portion of Lot 16 as identified in Book 397 Page 737 of the Official Records of Monroe County. Palm Villa Park means the area described as follows: Park -Palm Villa, Big Pine Key RE# 00285080 - 00000; Plat Book 1 -89, Section 23, Township 66S, Range 29E (.61 acres). Ramrod Park means Lot 2, Block 3, Silver Shore Estates, according to the plat thereof as recorded in Plat Book 4, Page 111 of the public records of Monroe County, Florida, RE# 00211080- 000000. Sunset Point Park means the area described as follows: Tract A of Sunset Point, according to the Plat thereof, recorded in Plat Book 2, Page 81 of the Public Records of Monroe County, Florida, together with all riparian rights thereunto belonging or in any use appertaining, less the following tracts: Less that part of Tract 4 above described as platted in Sunset Point Addition, according to the Plat thereof, recorded in Plat Book 3, Page 41 of the Public Records of Monroe County, Florida, and thereon referred to as Lot 12 and Sunset Lane; and Less a tract or strip of land ten feet wide and extending from the "Boat Basin" as shown on the plat of Sunset Point Addition above referred to and running parallel to the SW'ly boundary line of such Lot 12 and the SW'ly line of Sunset Lane and as shown on such plat and such strip ten feet wide extending as above stated from the "Boat Basin" to the north line of Sunset Road. Watson Field Park means the area described as follows: Section 23 TownshiI2 66 Range 29 Pine Key Acres TRACT U OR801 -854 RE # 00111072- 046000 and Section 23 TownshilD 66 Range 29 Pine Key Acres TRACT II OR801 -8549 RE # 00111072 -- 045000, Big Pine Key_ Wilhelmina Harvey Park means the area described as follows: Block 2. Lot 4, 5, 6 and 7, amended Plat of Coppitt Subdivision, Section 22, Township 67S, Range 26E as recorded in Plat Book 4, Page 50 of the Public Records of Monroe County, Florida. Such amended plat is a resubdivision of that subdivision originally recorded in Plat Book 3, Page 116. (b) Posting signs of enhanced penalties under F.S. § 893.13(1)(d). The director of facilities maintenance shall place signs warning of enhanced penalties under F.S. § 893.13(1)(d) for persons selling, manufacturing, delivering, or possessing with the intent to sell, manufacture, or deliver, a controlled substance k within 200 feet of the parks listed in subsection (a) of this section. The signs shall be placed at each park entrance and at other locations near the parks' boundaries as the director of facilities maintenance shall consider likely avenues of exit and entry. (c) Park hours. (1) The parks and beaches listed above are open to the public, Monday through Sunday, for 7:30 a.m. until sunset with the following exceptions: ■ Bay Point Park, and Bernstein Park is open everyday from 7:30 a.m, until 10 :30 p.m.; • Big Coppitt Volunteer Fire Department is open everyday from 7:30 a.m. until 10:00 p.m.; • Burr Beach Park is open everyday from sunrise until sunset; • Friendship Park is open everyday from 7:30 a.m. until 5:30 p.m.; • Ivey Largo Community Park is open everyday from 7:00 a.m. to 9:00 p.m.; • Big Pine Ivey Park is open everyday from 7:30 a.m. to 5:30 p.m.; • Watson Field Park is oven eve da from 7:30 a.m. to 10:00 .m. (2) All persons and their vehicles that enter the parks during the open hours must leave the parks by closing time, unless prior approval has been granted by the Monroe County Public Facilities Maintenance Director, or his/her designee, by way of a use form for a specific event. Any vehicles in the parks when the parks are closed will be towed away at the vehicle owner's expense. (d) Special events and assemblies (1) Any person or organization that holds or conducts at any of the parks listed above, a public assembly that is subject to Ordinance No. 030- 1996 (ch. 10.5, art. In, must obtain approval under the provision of that ordinance. (2) Any person or organization who holds or conducts any special events or assembly not subject to Ordinance No. 030 -1996 (ch. 10.5, art. II) must obtain approval and scheduling through the parks and recreation coordinator (the coordinator) subject to already scheduled activities. A complete application and proof of insurance (if required) must be submitted to the coordinator at least seven days prior to the event or assembly. 4 (3) Athletic activity organizers who wish to use the recreational playing field on multiple occasions during a sports season must obtain approval from and schedule their activities with, the coordinator before the beginning of the season. (4) Athletic activity organizers who wish to use the tennis courts for tournaments, etc., must schedule their activities with the coordinator before the beginning of any such event. (5) Events charging admission shall only take place in the area designated by the county parks and recreation division and the admission fees shall be collected only at such area as the coordinator designates. (e) Tennis court, basketball court, and ballfield lights. Tennis court, basketball court and ballfield lights may be used Monday through Sunday from ten minutes before sunset until closing time. Only public works employees may operate the lights. The use of the ballfield lights must be approved by the county parks and recreation coordinator in advance. Requests for the use of ballfield lights must be in writing, submitted to the coordinator no later than 48 hours for weekdays and 72 hours weekend use prior to the intended dates, on an approved county use form. (f) Fires permitted only in designated areas. No person shall cook or light or maintain any cooking fire, campfire, or other fire at any park except in county- provided permanently installed grill structures or personal barbecue grills in designated areas. (g) Signs The director of facilities maintenance must post each park entrance with a sign briefly summarizing the park rules established by this chapter. ID (h) Admission fees (noncounty residents only). Federal holidays and weekends. Admission fee for Harry Harris Park is $5.00 per person plus an additional $10.00 boat ramp fee for watercraft vessels with trailers. (i) Golf balls. No person may hit or otherwise propel, place or leave golf balls in any county park. (j) Commercial activities There shall be no commercial activity of any type on any county beach or park, including, but not limited to, those listed in this section, without a lease or license from the county. (k) Prohibited domestic animals; exceptions. Except for animals that assist disabled persons, and except as provided in subsections (1) and (m) of this section, domestic animals are prohibited from all county parks. No person may cause or allow any domestic animal (of whatever size), other than an animal that assists a disabled person, to be brought to, or remain on, any county park other than those listed in subsection (1) and (m) of this section. 5 (1) Pet regulations. (1) Pets are allowed at Key Largo Park, Old Settlers Park, Wilhelmina Harvey Park, Sunset Point Park and in those parts of Harry Harris Park, ex� Higgs Beach County Park, and Watson Field Park specified in subsection (1)(2) of this section, subject to the following regulations: a. Pets must be leashed on a leash no greater than eight feet long, unless and while in the water and wet sand area of Sombrero Beach Park; b. Owners must clean up after pets and properly dispose of waste. The county shall provide Mutt Mitts and Doo -Drop In stations for this purpose; and c. Pets exhibiting aggressive behavior or creating a nuisance must be immediately removed from the park. (2) Pets are allowed at Higgs Beach County Park in Key West on paved surfaces and on the open spaces lying southerly and easterly of West Martello Towers, and southerly and easterly of the fence surrounding the FAA tower parcel. In Harry Harris Park, pets are allowed in the green area north of the boat ramp with the exception of the ballfield. In Watson Field Park, pets are allowed in the fenced area east of the softball fields, west of the tennis courts and south of South St. (3) Pets are allowed at Ramrod Park subject to the following regulations: ae owners must clean up after pets and properly dispose of waste; b. Pets exhibiting aggressive behavior or creating a nuisance must be immediately removed by the owner; CIO All dogs must have current rabies vaccinations and county licenses and be wearing their tags while in the park; d. Dogs in heat, ill and having excessive fleas, ticks, or other internal or external parasites are not allowed; e. All dogs must be accompanied at all times by an adult human owner or handler; E There shall be no more than three dogs per owner or handler per visit; g. Puppies under four months are not allowed; and h. If a dog digs, the dog must be stopped immediately and the owner/handler must fill the hole. (m) Greenspace. An open greenspace may be enclosed at Higgs Beach County Park, located as set forth in attachment A to the ordinance from which this section is derived, provided that the enclosed greenspace shall meet the following minimum requirements: (1) There shall be a fence four to six feet high with a minimum access of a double entry gate and one maintenance gate. :1 (2) There shall be an area partitioned off for use by small dogs (under 25 pounds). (3) There shall be a waste disposal station with plastic bags and a covered garbage can by each entry gate. (4) Lighting and water utilities shall be provided. (5) There shall be signage with rules for enclosed greenspace use. Such rules shall include, but not be limited to: a. Owners must clean up after pets and properly dispose of waste; b. Pets exhibiting aggressive behavior or creating a nuisance must be immediately removed from the enclosed greenspace; c. Children under age six are not allowed. Children under age 16 must be accompanied by an adult; d. All dogs must have current rabies vaccinations and county licenses and be wearing their tags while in the enclosed greenspace; e. Dogs in heat, ill and having excessive fleas, ticks, or other internal or external parasites are not allowed; E All dogs must be accompanied at all times by an adult human owner or handler; g. There shall be no more than three dogs per owner or handler per visit; h. Puppies under four months are not allowed; i. If a dog digs, the dog must be stopped immediately and the owner/handler must fill the hole; I Park gates may not be left open at any time; k. No rollerblades, skateboards, or bicycles are allowed in the enclosed greenspace; i. The hours shall be from 5:00 a.m. to 1 1:00 p.m. daily; and m. The board of county commissioners may establish additional rules governing the enclosed greenspace by further ordinance. n. Pets are allowed at Key Largo Park, Old Settlers Park, Wilhelmina Harvey Park, Sunset Point Park, Big Pine Key Park, and in those parts of Harry Harris Park, Higgs Beach County Par and Watson„ Field Park specified in (o), subject to the following regulations: 1. Pets must be leashed on a leash no greater than eight feet long. 2. Owners must clean up after pets and properly dispose of waste. The county shall provide Mutt Mitts and Doo -Drop In stations for this purpose. 7 3. Pets exhibiting aggressive behavior or creating a nuisance must be immediately removed from the park. (n) Skating, rollerblading and skateboarding. No person shall skate, rollerblade, skateboard 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 park at Key Largo Community Park shall be established by resolution of the board of county commissioners or the county's contracted park operator, shall be provided to users, and shall be posted at the skate park. (o) No person shall skate, rollerblade, skateboard, play racquetball, handball, roller hockey, use the multi - purpose courts, fitness stations 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 park at Big Pine Key Park shall be established by resolution of the board of county commissioners or the county's contracted park operator, shall be provided to users, and shall be posted at the skate park. (Code 1979, § 13.5 -5; Ord. No. 1 -1997, § 2; Ord. No. 13.5 -1998, §§ 3-9; Ord. No. 36-1998, § 3; Ord. No. 24 -1999, ¢ 1; Ord. No. 43 -1999, §§ 1, 2; Ord. No. 37 -2000, § 1; Ord. No. 40-2000, § 1; Ord. No. 42 -2000, § 1; Ord. No. 19 -2001, 1; Ord. No. 2 -1-2001, § 1; Ord. No. 30 -200-1, § 1; Ord. No. 011.2002, §§ 2---- 5; Ord. No. 028-2002, § 1; Ord. No. 029-2002, §§ 3, 4; Ord. No. 032-2003, § 1; Ord. No. 00 -1-2004, § 1; Ord. No. 034 -2004, ¢ is Ord. No. 020 -2006, § 1; Ord. No. 027 -2007, §§ 1-3; Ord. No. 041- 2007, § 1; Ord. No. 016 -2008, §§ 1-4; Ord, No. 001 -2010, §§ 1 2) Section 2. If any section, subsection, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are repealed to the extent of said conflict. Section 4. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. * - Deleted language is shown with strikethrough's, new language is shown in underline. Nh PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of 1201 Mayor Heather Carruthers Mayor Pro Tem David Rice Commissioner Kim Wigington Commissioner George Neugent Commissioner Sylvia Murphy Attest: DANNY L. KOLHAGE, Clerk B Deputy Clerk BOARD OF COUNTY COMISSIONERS OF MONROE COUNTY By: Mayor Heather Carruthers OIL P ISTANT COU TY ATTORNEY t/ 2'.13 Date