Ordinance 013-2017ORDINANCE 013 -2017
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTION 18 -27(c) OF THE MONROE
COUNTY CODE BY THE ADDITION TO SECTION 18-
27(c)(1) OF BERSTEIN PARK'S UPDATED HOURS; AND
AMENDING CHAPTER 18, ARTICLE II, TO INCLUDE A
SECTION ON CONDUCT SPECIFIC TO BERNSTEIN
PARK FOR CHILDREN'S PARK REGULATION AND
RESTROOM FACILITIES' HOURS; AND PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, under Florida Statutes Section 125.01(1)(f), the Board of County
Commissioners (BOCC) for Monroe County is granted the authority, among others, to provide
parks, playgrounds and recreation areas; and
WHEREAS, BOCC finds that the creation of parks and recreation areas are in the best
interests of the citizens of Monroe County; and
WHEREAS, under Florida Statutes Section 125.74(1)(g), the County Administrator has
the authority to supervise the care and custody of all County property; and
WHEREAS, the County desires to clarify the hours of operation for Bernstein Park and
the hours set forth herein are effective at the stated Park; and
WHEREAS, the County desires to limit access of restroom facilities at Bernstein Park
only to the hours the park is open; and
WHEREAS, the County desires to set aside as safe as possible an area for minor children
to play within Bernstein Park, thus, restricting access to the children's park as set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT THE MONROE
COUNTY CODE IS HEREBY AMENDED AS FOLLOWS:
I
SECTION 1: Section 18 -27(c) Park hours. Shall be amended as follows:
1
(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 is open every day from 7:30 a.m. until 10:30 p.m.;
• Bernstein Park is open every day from 7:00 a.m. until 10:00 p.m.;
• Big Coppitt Volunteer Fire Department is open every day from 7:30 a.m.
until 10:00 p.m.;
• Burr Beach Park is open every day from sunrise until sunset;
• Friendship Park is open every day from 7:30 a.m. until 8:30 p.m.;
• Key Largo Community Park is open every day from 7:00 a.m. to 9:00
p.m.;
• Murray E. Nelson Government Center Park is open every day from 7:00
a.m. until 9:00 p.m.;
• Big Pine Key Park is open every day from 7:30 a.m. to 8:30 p.m.;
• Watson Field Park is open every day from 7:30 a.m. to 10:00 p.m.
SECTION 2: ARTICLE IL CONDUCT IN SPECIFIC PARKS. Shall be amended as
follows by creating an additional separate section titled "Bernstein Park" to include the following
language:
(a) Definitions. The following words, terms, and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context
clearly indicates a different meaning:
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 886, Pages 2446 -2450, of the Public Records of Monroe County, Florida,
TWP. 67/68 RNG. 25 SEC. 35, 36 & 2 RE# 12385 OR 380 -381 -382.
Children's Park means the portion of Bernstein Park that the County Administrator or his
designee has, for purposes of public safety and welfare, caused to be enclosed by fencing of any
type, including, but not limited to chainlink fencing and post- and -rail fencing, and has posted
with signs identifying the enclosed area as a children's park.
(b) Restrooms to be closed during certain hours. Restroom facilities at Bernstein Park
shall be closed from 10:00 p.m. to 7:00 a.m. and no person shall enter or use such
facility for any purpose during those hours.
(c) Children's park regulation. No person over the age of 14 other than a parent,
guardian, or other responsible person is allowed in the designated children's park
area(s) unless accompanied by a child 14 years of age or younger.
2
SECTION 3: 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 4: 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 5: INCLUSION IN CODE OF ORDINANCES. 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 6: 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 16th day of August 2017.
Mayor George Neugent
Mayor Pro Tem David Rice
.Commissioner Danny Kolhage
Commi qer Heather Carruthers
Comm r Sylvia Murphy
(SEAL) ;
Atter t: MADOK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Deputy Clerk Mayor /Chairperson
:NONROE COUNTY ATTORNEY'S OFFICE
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[ (�,� PATRICIA EAGLES
ASSISTANT COUNTY ATTORNEY
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Deputy Clerk Mayor /Chairperson
:NONROE COUNTY ATTORNEY'S OFFICE
D qP FIS�t F R
[ (�,� PATRICIA EAGLES
ASSISTANT COUNTY ATTORNEY
3 DATE: �-T_I
THE REPORTER Ad#0003192407 this 19th day of July,2017.
KEVIN MADOK,Clerk of the
RECEIVED NOTICE OF INTENTION TO Circuit Court(SEAL)and ex
Published WeeklyCONSIDER ADOPTION OF officio Clerk of the Board of
COUNTY ORDINANCE County Commissioners of
Tavernier, Monroe County, Florida AUG 2 2017 Monroe County,Florida
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN Published July 28,2017
PROOF OF PU B LICATIONUNN ATTORNEY that on August 16,2017 at The Reporter
3:00 P.M.,or as soon there- _____
after as may be heard,in the
STATE OF FLORIDA 200TrumanrAvenue,Key
nt r
COUNTY OF MONROE West,Monroe County,Flori-
da,the Board of County Corn-
Before the undersigned authority personally missioners of Monroe County,
appeared RICHARD TAMBORRINO who on Florida,intends to consider the
oath, says that he is PUBLISHER of THE adoptiond the following Coun-
ty
Y ty ordinance:
REPORTER, a weekly newspaper published in
F
Tavernier, in Monroe County, Florida: that the ORDINANCEBT THE
BOOARD OF COUNTY COM-
attached copy of advertisement was published in MISSIONERS OF MONROE
said newspaper in the issues of: (date(s) of COUNTY,FLORIDA AMEND-
ING SECTIONc)
publl tlon) THE MONROEICOUNTYOF
/9 % f 7 _ CODE BY THE ADDITION TO
(l/ C/��rV / SECTION 18-27(c)(1)OF
BERNSTEIN PARK'S UPDAT-
ED HOURS;AND AMENDING
CHAPTER 18,ARTICLE II,TO
INCLUDE A SECTION ON
CONDUCT SPECIFIC TO
Affiant further says that the said THE BERNSTEIN PARK FOR
Y CHILDREN'S PARK REGU-
REPORTER is a newspaper published at LATION AND RESTROOM
Tavernier, in said Monroe County, Florida, and FACILITIES'HOURS;PRO-
VIDING FOR SEVERABILITY;
that the said newspaper has heretofore been PROVIDING FOR REPEAL
continuously published in said Monroe County, OF ALL ORDINANCES IN-
CONSISTENTFlorida, each week (on Friday) and has been OV HEREWITH;
PROVIDING FOR INCORPO-
entered as a second class mail matter at the RATION INTO THE MONROE
post office in Tavernier, in Monroe County, COUNTY CODE OF ORDI-
Florida, for aperiod of oneyear next precedingFOR AN EFFECTIVE
AND PRO DATE.
AN .
FOR AN DATE.
the first publication of the attached copy of
105,
advertisement. The affiant further says that he Pursuantlorida atto Section notice28 is giv-
has Statutes, giv-
has neither paid nor promised any person, firm, en that if a person decides to
or corporation any discount, rebate, commission appeal any decision made by
thor refund for the purpose of securingthis mattere Board swidh respectd at o any
P P considered at such
advertisement for publication in the said hearings or meetings,he will
newspaper(s) and that The THE REPORTER is need a record of the proceed-
ings,and that,for such pur-
in full compliance with Chapter 50 of the Florida pose,he may need to ensure
State Statutes on Legal and Official that a verbatim record of the
Advertisem41111Prif ,74
. s. proceedings is made,which
record includes the testimony
and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you
Richard Tamborrino, Publisher are a person with a disability
who needs special accom-
modations in order to partici-
Sworn to ynd subs ibed before me this pate in this proceeding,
please contact the County
Administrator's Office,by
1;7,7 Day of , 2017 phoning(305)292-4441,
between the hours of 8:30
a.m.-5:00 p.m.,no later than
677..yv five(5)calendar days prior
to the scheduled meeting;
if you are hearing or voice
i impaired,call"711".
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(SEAL) Dated at Key West,Florida,
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FLORIDA K E Y
KEYNOTER Auis a al
Published Twice Weekly twoafl won at>rfr
Marathon, Monroe County, Florida
Ad#0003192405 COUNTY CODE OF ORDI-
NANCES;PROOF O F PUBLICATION AND PROVIDING
NOTICE OF INTENTION TO FOR AN EFFECTIVE DATE.
CONSIDER ADOPTION OF Pursuant to Section 286.0105,
STATE OF FLORIDA COUNTY ORDINANCE
Florida Statutes,notice is giv-
COUNTY OF MONROE NOTICE IS HEREBY GIVEN en that if a person decides to
Before the undersigned authority personally TO WHOM IT MAY CONCERN appeal any decision made by
that on August 16,2017 at the Board with respect to any
appeared RICHARD TAMBORRINO who on matter considered at such
that he is PUBLISHER of the 3:00 P.M.,or as soon there-
oath sayshearingsmeetings,after as may be heard,in the or meetin s, he will
FLORIDA KEYS KEYNOTER, a twice weekly Harvey Government Center, need a record of the proceed-
ings,and that,for such pur-
newspaper published in Marathon, in Monroe West,Monroe County,Flori- pose,he may need to ensure
County, Florida: that the attached copy of da,the Board of County Com- that a verbatim record of the
advertisement was published in said missioners of Monroe County, proceedings is made,which
Florida,intends to consider the record includes the testimony
newspaper in the issues of: (date(s) of adoption of the following Coun- and evidence upon which the
publi5Itlon) ty ordinance: appeal is to be based.
2241
� 1 O/2AN ORDINANCE T THE ADA ASSISTANCE:If you
BOARD OF COUNTY COM- are a person with a disability
MISSIONERS OF MONROE who needs special accom-
modations in order to partici-
r' NGCOUSECTION 1NTY, 8-2 AMEND-)O pate in this proceeding,
THE MONROE COUNTY please contact the County
Affiant further says that the said FLORIDA CODE BY THE ADDITION TO Astrators Office,by
KEYS KEYNOTER is a newspaper published at SECTION 18-27(c)(1)OF j phoningetwee the hours of 8:30
BERNSTEIN PARK'S UPDAT- I -5:00 p.m.,no later than
Marathon, in said Monroe County, Florida, and ED HOURS;AND AMENDING a.m.we(5)- calendar no la th
that the said newspaper has heretofore been CHAPTER 18,ARTICLE II,TO tofithe scheduledu daysmy prior
ing;
continuously published in said Monroe County, INCLUDE A SECTION ON if you are hearing or voice
O
Florida, twice each week (on Wednesdayand CONDUCT SPECIFICARK FOR P
BERNSTEIN PARK impaired,call"711".
Saturday) and has been entered as a second CHILDREN'S PARK REGU-
LATION Dated at Key West,Florida,
class mail matter at the post office in AND RESTROOM this 19th day of July,2017.
Marathon in Monroe County, Florida, for a FACILITIES'HOURS; PRO-
Marathon, VIDING FOR SEVERABILITY; the
MADOK,Clerk of
period of one year next preceding the first PROVIDING FOR REPEAL KKEVIEVIN Nircuit Court(SEAL)and
publication of the attached copy of OF ALL ORDINANCES IN- ex
officio Clerk of the Board of
advertisement. The affiant further says that .CONSISTENT HEREWITH;
Y PROVIDING FOR INCORPO-
County Commissioners of
he has neither paid nor promised any person, RATION INTO THE MONROE Monroe County,Florida
firm, or corporation any discount, rebate, CONTINUED IN NEXT COLUMN Published July 26,2017
commission or refund for the purpose of Florida Keys Keynoter
securing this advertisement for publication in
the said newspaper(s) and that The Florida
Keys Keynoter is in full compliance with
Chapter 50 f the Florida State Statutes on
Legal Official Advertisements.
Richard Tamborrino, Publisher
Sworn to and subscribed before me this
Day of L , 2017
,' . L---'Yt/6 cpa,e5 .....
Notary
(SEAL) (/
OV.t, BEVERLY TRAEGER I
:.: ' ':�__ MY COMMISSION#FF 108704
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IVV I RAC Vr iI\ICI\I IV111 I V
CONSIDER ADOPTION OF
COUNTY CRDINANCE
RECEIVED
NOTICE IS HEREBY GIVEN
TO that n Anugust 16,2017 at IT AY r1�J�1 n 16 3 2617
3:00 P.M.,or as soon KEY WEST
thereafter as may be heard,in N STATE OF FLORIDA ,stogae zato llnvaMIttslee
the Harvey Government
Center,1200 Truman Avenue, cations, LLC r,Est 18� COUNTY OF MONROE
Key West,Monroe County,
Florida,the Board of County
Commissioners of Monroe
County. Florida,intends to Before the undersigned authority personally appeared Paul Clarin, who on
consider the adoption of the
following County ordinance: 1247777 oath says that he is Publisher of the Key West Citizen, a daily newspaper
AN ORDINANCE OF THE 9 published in Key West, in Monroe County,Florida; that the attached copy of
BOARD OF COUNTY 5-8025 advertisement,being a legal notice in the matter of
COMMISSIONERS OF
MONROE COUNTY,FLORIDA Ws,com A
AMENDING SECTION 18-27(c) J ) d Al CQ- �� -'&/04- Y 101 Q r-i-
OF THE MONROE COUNTY
CODE BY THE ADDITION TO RING
SECTION 18-27(c)(1)OF (J )C'�, p — PcilleAl) Sec I �, 27 C.0
BERNSTEIN PARK'S `v /�' V
UPDATED HOURS; AND
AMENDING CHAPTER 18,
ARTICLE II,TO INCLUDE A s was published in said newspaper in the issue(s) of
SECTION ON CONDUCT
SPECIFIC TO BERNSTEIN U I f Z° ' 7
•
PARK FOR CHILDREN'S (.1
PARK REGULATION AND ass
RESTROOM FACILITIES' Affiant further says that the Key West Citizen is a newspaper published in
HOURS; PROVIDING FOR !CES KeyWest, in said Monroe County, Florida and that the said newspaper has
SEVERABILITY; PROVIDING `7
FOR REPEAL OF ALL heretofore been continuously published in said Monroe County, Florida every
ORDINANCES
INCONSISTENT HEREWITH; day, and has been entered as second-class mail matter at the post office in Key
PROVIDING FOR illy ES West, in said Monroe County, Florida, for a period of 1 year next preceding
INCORPORATION INTO THE
MONROE COUNTY CODE OF 3 the first publication of the attached copy of advertisement; and affiant further
ORDINANCES;FOR AND
AN says that he has neitherpaid nor promised anyperson, firm or corporation any
PROVIDING AN y � y
EFFECTIVE DATE. discount, rebate, commission or refund for the purpose of securing this
Pursuant to Section 286.0105, advertisement for publication in the said newspaper.
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 )m Signature of Affiant
need a record of the
proceedings,and that,for such
purpose,he may need to y
ensure that a verbatimrecord of
theproceedingsisma
is made,which Sworn and subscribed before me this day of �v y , 2017
•the
record includes the testimony
and evidence upon which the ys.com
appeal is to be based. ;;M:y. DAWN KAWZJNSKY
,., 1` MY COMMISSION It FF 944194 '
Notary Public: p `. EXPIRES:January a,2020
ADA n with aANCb: If yowho
are a k d��' BondedThruNotaryPublicUnderwriters
person with 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. Dawn Kawzinsky
5:00 .m., later than five(5)
calendar dayss Expires: 1/4/2020 Notary to the Seal
scheduled meeting;if you are
hearing or voice impaired,call
"711".
Dated at Key West, Florida,this Personally Known x Produced Identification
19th day of July.2017. Type of Identification Produced
KEVIN MADOK,Clerk of the
Circuit Court and ex officio
Clerk of the Board of County
Commissioners of Monroe
County,Florida
July 24,2017
C ,-,
Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
August 18, 2017
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 013 -2017 amending Section 18 -27(c) of
the Monroe County Code by the addition to Section 18- 27(c)(1) of Bernstein Park's updated
hours; and amending Chapter 18, Article II, to include a Section on conduct specific to Bernstein
Park for children's park regulation and restroom facilities' hours; and providing for severability;
providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the
Monroe County Code of Ordinances; and providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on August 16, 2017. Should you have any questions,
please feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Project Management
County Attorney
Facilities
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305 - 294 -4641 305 - 289 -6027 305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
JIM S�
J f
FLORIDA DEPARTMENT 0 f STATE
RICK SCOTT
Governor
August 18, 2017
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pam Hancock
Dear Mr. Madok:
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. 013 -2017, which was filed in this office on August 18,
2017.
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.ft.us
Pam Hancock
From: ords@municode.com
Sent: Monday, August 21, 2017 10:33 AM
To: peters-kathy@monroecounty-fl.gov; Pam Hancock
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 15 Update 3
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Ordinance No. 013-2017 8/16/2017 8/21/2017 FDF
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Update the internet version of your Code
more often than a printed supplement. We can post newly enacted ordinances
We can update the Internet quarterly, monthly, in the online Code after each meeting.
even weekly.
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