Item P034
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
April 20, 2016
Agenda Item Number: P.3
Agenda Item Summary #1500
BULK ITEM: DEPARTMENT:
No County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Chris Ambrosio (305) 292-3470
3:00
AGENDA ITEM WORDING:
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.
ITEM BACKGROUND:
Commissioner Murphy received requests that freestyle bicycling be
authorized in the Monroe County skate parks. Currently, the County Code allows only skateboarding
and in-line skating while prohibiting any other activities in the skate parks. F.S. 316.0085 provides
the County with statutory immunity from personal injury and property damage claims when it
designates public property and allows the public to use that property for skateboarding, inline
skating, paintball, freestyle, mountain, or off-road bicycling. The statute also expressly provides that
the participants or users of the parks assume the known or unknown risks inherent with these
activities irrespective of age and is legally responsible for all damages or injury to himself or other
persons or property which result from these activities. The proposed amended MCC §18-27(n)(1)
and (n)(2) are attached. Changes are reflected with strike through text for deletion and underlined
text for addition.
PREVIOUS RELEVANT BOCC ACTION:
On February 10, 2016, the BOCC directed Project
Management
bikes in the skate parks located at Key Largo Community Park and Big Pine Key Park.
On March 23, 2016, (1) the BOCC approved a Resolution establishing the Skate and Bike Parks,
adopting and ratifying revised rules for the Skate and Bike Parks to allow use of freestyle bikes, for
posting of rules, permissible activities, and assumption of risk warning at the designated areas; and
(2) the BOCC approved advertisement of a public hearing to consider the proposed amended
ordinances.
CONTRACT/AGREEMENT CHANGES:
N/A
DOCUMENTATION:
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Ordinance amending Section 18-27 (n)(1) and (2).creating (n)(4)
Notice of Intention to Consider Adoption of County Ordinance re: skate and bike parks BOCC 4 20
16
MCC Ch.18.PARKS AND RECREATION
Legal memorandum statutory immunity Skate and Bike Parks
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: advertising costs
Current Year Portion: N/A
Budgeted:
N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant:
N/A
County Match
: N/A
Insurance Required:
No
Additional Details:
Advertising Costs
STAFF RECOMMENDATION:
Approval.
REVIEWED BY:
Bob Shillinger Completed 03/31/2016 7:31 PM
Chris Ambrosio Skipped 03/24/2016 5:14 PM
Kathy Peters Completed 03/31/2016 7:36 PM
Budget and Finance Skipped 03/24/2016 5:12 PM
Board of County Commissioners Pending 04/20/2016 9:00 AM
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ORDINANCE ___-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 Attorneyhas 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, andits
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
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.,ny person who participates in or assists in
Ă
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 kate and Bike Parks; and
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WHEREAS
, because MCC Section 18-27 (n)(1) and (n)(2) dont 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;
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 and 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
contracted park operator, shall be provided to users, and shall be posted at the skateand 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 _____th day of _______, 2016.
Mayor Heather Carruthers _______
Mayor Pro Tem George Neugent _______
Commissioner Danny Kolhage _______
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Commissioner David Rice _______
Commissioner Sylvia Murphy _______
(
SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
By: ______________________________ By: _________________________________
Deputy Clerk Mayor
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERNApril 20, 2016at 3:00
that on
P.M., or as soon thereafter as may be heard, in the Commission Chambers located in the
Marathon GovernmentCenter, 2798 Overseas Highway, Mile Marker 50, Marathon,Monroe
County, Florida
, the Board of County Commissioners of Monroe County, Florida, intends to consider
the adoption of the following County ordinance:
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 PARKTO
SKATE ANDBIKE PARKS;ALLOWING FOR
FREESTYLE BICYCLINGIN 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.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decidesto 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 purpose, 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.
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Dated at Key West, Florida, this 24day of March,2016.
AMY HEAVILIN, Clerk of the Circuit Court
(SEAL)and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen(Mo)3/28/16
Keynoter(Wed)3/30/16
Reporter(Fr) 4/1/16
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Chapter 18 - PARKS AND RECREATION
ARTICLE I. - IN GENERAL
Sec. 18-1. - County parks and beaches in unincorporated areas to be closed during certain hours.
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 board of county commissioners on a per-event basis.
(Code 1979, § 13-8; Ord. No. 36-1986, § 1; Ord. No. 14-1991, § 1; Ord. No. 022-2004, § 32)
Sec. 18-2. - Possession or consumption of alcoholic beverages on public beaches and parks.
(a) 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.
(b) It shall be prohibited for a person, in, on or about any public facility, vehicle or public beach or park in
the unincorporated areas of the county, to possess or consume alcoholic beverages. The
prohibitions of consuming alcoholic beverages on public beaches and parks may be waived by the
board of county commissioners as provided in this section.
(c) The board of county commissioners may waive the provisions of this section upon a resolution of the
board. However, any such waiver may only be granted to a nonprofit organization, shall require the
presence of security guards in the number the board determines necessary to preserve public order,
and shall require liability insurance naming the county as an additional named insured in a form and
amount satisfactory to the county administrator.
(Code 1979, § 13-9; Ord. No. 36-1986, § 2; Ord. No. 14-1991, § 2; Ord. No. 022-2004, § 34)
Sec. 18-3. - Ultralight aircraft prohibited at certain county boat ramps.
(a) For the purposes of this section, the term "ultralight aircraft" means any heavier-than-air, motorized
aircraft that meets the criteria for maximum weight, fuel capacity, and airspeed established for such
aircraft by the Federal Aviation Administration under part 103 of the Federal Aviation Regulations.
(b) The following boat ramps may not be used for the launching of ultralight aircraft or retrieving such
aircraft from the water:
(1) The Barcelona Drive boat ramp, Big Coppitt Key;
(2) The Cudjoe Road boat ramp, Cudjoe Key;
(3) The Old State Road 4A boat ramp, Little Torch Key;
(4) The Koehn Road boat ramp, Big Pine Key;
(5) The Bittersweet Avenue boat ramp, Big Pine Key;
(6) The Garden Cove boat ramp, Key Largo;
(7) The Largo Sound Park Club boat ramp, Key Largo;
(8) The Sunset Point boat ramp, Key Largo;
(9) The Harry Harris Park boat ramp, Key Largo.
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(Code 1979, § 13.5-4; Ord. No. 59-1996, § 2; Ord. No. 5-1998, § 2; Ord. No. 011-2002, § 1;
Ord. No. 029-2002, § 2)
Secs. 18-418-24. - Reserved.
ARTICLE II. - CONDUCT IN SPECIFIC PARKS
Sec. 18-25. - The Pines County Park.
(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:
Pines County Park means the area commencing at the intersection of the southwest corner of the
U.S. Government property, as indicated on plat of survey of a "Portion of Roosevelt Boulevard," as
recorded in Plat Book 2, Page 17, Monroe County Records, and the northerly right-of-way line (curbline)
of Roosevelt Boulevard, bear S 8237'20" E along the northerly right-of-way line (curbline) of Roosevelt
Boulevard for a distance of 90 feet to a point on the easterly curbline of Faraldo Circle, such point also
known as the point of beginning; thence continue along the northerly right-of-way line for a distance of
259.86 feet to a point; thence bear N 1033'00" E for a distance of 223.87 feet to a point; thence bear N
8040'30" W for a distance of 243.56 feet to a point; thence bear S 0713'50" W for a distance of 203.38
back to the point of beginning.
(b) Prohibition on alcoholic beverages.
(1) No person shall possess any container containing any alcoholic beverage while at Pines County
Park.
(2) The board of county commissioners may waive the provisions of this section upon a resolution
of the board. However, any such waiver may only be granted to a nonprofit organization, shall
require the presence of security guards in the number the board determines necessary to
preserve the public order, and shall require liability insurance naming the county as an
additional named insured in a form and amount satisfactory to the county administrator.
(3) Nothing in this section shall be construed as waiving or exempting any nonprofit organization
from whatever permits may be required by the City of Key West.
(c) Fires permitted only in designated areas. No person shall cook or light or maintain any cooking fire,
campfire, or other fire at Pines County Park except in county-provided permanently installed grill
structures or personal barbecue grills in designated areas.
(Code 1979, § 13.5-2; Ord. No. 15-1991, §§ 15; Ord. No. 36-1998, § 1)
Sec. 18-26. - Higgs Beach County Park.
(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:
Alcoholic beverage means any beverage containing more than one percent ethyl alcohol by volume.
Children's park means the portion of Higgs Beach County Park that the director of the county division
of public works 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.
Fenced, gated and posted area means the portion of Higgs Beach County Park that the director of
the county division of public works has, for purposes of public safety and welfare, caused to be enclosed
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by fencing of any type, including, but not limited to, chainlink fencing and post-and-rail fencing, and has
posted with signs regarding special hours and parking prohibitions.
Higgs Beach County Park means the area in the City of Key West, Florida, beginning at the
intersection of the actual low-water line of the Atlantic Ocean and the westerly edge of White Street;
thence north along the westerly edge of White Street to its intersection with the southern edge of Casa
Marina Court; thence westerly along the southern edge of Casa Marina Court until its intersection with the
eastern edge of Reynolds Street; thence southerly along the eastern edge of Reynolds Street until its
termination; thence in a straight line from such termination to the actual low-water line of the Atlantic
Ocean; thence easterly along such low-water line to the point of beginning, including, however, any piers,
docks, jetties, boat ramps, or similar structures extending waterward of such actual low-water line.
(b) Prohibition on alcoholic beverages.
(1) No person may possess any container containing any alcoholic beverage while at Higgs Beach
County Park except for on-premise sale and consumption within the enclosed restaurant and
restaurant patio area. The restaurant exception only applies if:
a. The county/restaurant lessee contract allows for the on- premise consumption and sale of
alcoholic beverages; and
b. The restaurant lessee has whatever approvals and permits are needed from the state and
the City of Key West for the on-premise sale and consumption of alcoholic beverages.
(2) The board of county commissioners may also waive the prohibition of this subsection (b)(1) on a
per event basis upon a resolution of the board. However, any such waiver may only be granted
to a nonprofit organization, must require the presence of security guards in the number the
board determines necessary to preserve public order, and must require liability insurance
naming the county as an additional named insured in a form and amount satisfactory to the
county administrator.
Nothing in this subsection may be construed as waiving or exempting any nonprofit organization
from whatever permits or approval may be required by the City of Key West or the state.
(c) Restrooms to be closed during certain hours. Restroom facilities at Higgs Beach County Park shall
be closed from 11:00 p.m. to 7:00 a.m. and no person shall enter or use such facility for any purpose
during those hours.
(d) Fires permitted only in designated areas. No person shall cook or light or maintain any cooking fire,
campfire, or other fire at Higgs Beach County Park except in county-provided permanently installed
grill structures or personal barbecue grills in designated areas.
(e) Park to be closed during certain hours. Higgs Beach County Park shall be closed during the hours of
11:00 p.m. to 6:00 a.m., except that the fenced, gated, and posted area of Higgs Beach County Park
shall be closed from sunset to 6:00 a.m. No person, other than a member of the Higgs Beach
Neighborhood Watch, shall enter or remain at the county park or the fenced, gated, and posted area
during the hours they are closed. This section shall have no application to persons traveling upon
Atlantic Blvd. between White Street and Reynolds Street. The "Higgs Beach Neighborhood Watch"
referenced in this section is a not-for-profit community association whose membership is composed
of residents of the area bounded on the east by Bertha Street, on the north by United Street, and on
the west by Simonton Street, in the City of Key West, who have undertaken to report promptly to the
sheriff any crimes or violations of this article observed by them while in the park. The sheriff shall
maintain a current membership roll of the Higgs Beach Neighborhood Watch.
(f) Penalties. Violations of this section shall be prosecuted in the same manner as misdemeanors are
prosecuted. Such violations shall be prosecuted in the name of the state in a court having jurisdiction
of misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a
fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days or by both
such fine and imprisonment.
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(g) Recreational vehicle and camper parking restrictions. No person may park, stand or stop a
recreational vehicle or camper within the fenced, gated, or posted area of Higgs Beach County Park.
(h) Pier regulations. The wood pier at Higgs Beach may be used for activities related to swimming,
sunbathing and recreation that do not endanger the safety of swimmers, sunbathers and persons
engaged in meditation. Fishing, including, but not limited to, spear fishing, net casting, use of rod and
reel, is prohibited.
(i) 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.
(Code 1979, § 13.5-3; Ord. No. 16-1991, §§ 16; Ord. No. 24-1995, § 1; Ord. No. 1-1997, § I;
Ord. No. 33-1998, §§ 13; Ord. No. 36-1998, § 2; Ord. No. 2-2000, § 1; Ord. No. 18-2001, § 1;
Ord. No. 008-2002, § 1; Ord. No. 026-2002, § 1; )
Ord. No. 020-2012, § 1
Sec. 18-27. - Rules of conduct and operational procedures for certain parks.
(a) Definitions. 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, 00160070, 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
24462450, of the Public Records of Monroe County, Florida, TWP. 67/68 RNG. 25 SEC. 35, 36 & 2
RE# 12385 OR 380-381-382.
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 PB1-185 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 comer of such Government Lot
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3 and run Non 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 SW'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 Eon 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
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 contains 615,623 square feet.
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.
Murray E. Nelson Government Center Park means the area described as follows: 2ND AMD & REV
PLAT OF LEE SHORES PB2-97 KEY LARGO N1/2 TR 8 & TRS 9-10 & ADJ BAY BTM & ADJ PORTION
ST RD 5 OR512-169 OR512-170 OR622-309/11 OR608-40 OR770-1102 OR774-368 OR797-1146
OR800-1968 OR805-465 OR824-256 OR981-1340/41 OR1335-330/32 OR2025-9111912AFFD OR2025-
899/07P/R, RE# 00543060-000000.
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 Township 66 Range 29 Pine
Key Acres TRACT IJ OR801-854, RE # 00111072-046000 and Section 23 Township 66 Range 29 Pine
Key Acres TRACT II OR801-854, 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(l)(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 within 200 feet of the parks listed in subsection (a) of this section. The signs shall be
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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 are open every day from 7:30 a.m. until 10:30 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.
(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.
(3) Park hours, as set forth herein, may be temporarily modified for a period of up to 90 days by the
county administrator or his/her designee by memorandum. Such memorandum shall set forth
the revised hours of operation and the beginning and ending dates for the revised hours. The
memorandum shall be presented to the BOCC during the county administrator's report at the
next available regularly scheduled board meeting and recorded in the meeting minutes.
(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. II) 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.
(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
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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.
(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 (l) 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 (l) and (m) of this section.
(l) Pet regulations.
(1) Pets are allowed at Key Largo Park, Old Settlers Park, Wilhelmina Harvey Park, Sunset Point
Park, Big Pine Key Park, Murray E. Nelson Government Center Park and in those parts of Harry
Harris Park, Higgs Beach County Park, and Watson Field Park specified in subsection (l)(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:
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
by the owner;
c. 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;
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f. 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.
(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;
f. 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;
j. Park gates may not be left open at any time;
k. No rollerblades, skateboards, or bicycles are allowed in the enclosed greenspace;
l. The hours shall be from 6:00 a.m. to 11:00 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, Murray E. Nelson Government Center Park and in those
parts of Harry Harris Park, Higgs Beach County Park, and Watson Field Park specified in
subsection (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.
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3. Pets exhibiting aggressive behavior or creating a nuisance must be immediately
removed from the park.
(n) Skating, rollerblading and skateboarding.
(1) 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.
(2) 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.
(3) No person shall skate, rollerblade, skateboard or perform any similar activity in any area of the
Murray E. Nelson Government Center Park.
(o) Alcohol prohibited.
(1) No person shall possess any container containing any alcoholic beverage while at the Murray E.
Nelson Government Center Park.
(2) The board of county commissioners may waive the provisions of this section by license
agreement or upon a resolution of the board. However, any such waiver may only be granted to
a nonprofit organization, shall require the presence of security guards in the number the board
determines necessary to preserve the public order, and shall require liability insurance naming
the county as an additional named insured in a form and amount satisfactory to the county
administrator.
(p) Penalties. A violation of any of the provisions set forth in this section shall be punishable as provided
in section 1-8 of the Monroe County Code of Ordinances.
(Code 1979, § 13.5-5; Ord. No. 1-1997, § 2; Ord. No. 13.5-1998, §§ 39; 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. 21-2001, § 1; Ord. No. 30-2001, § 1;
Ord. No. 011-2002, §§ 25; Ord. No. 028-2002, § 1; Ord. No. 029-2002, §§ 3, 4; Ord. No. 032-
2003, § 1; Ord. No. 001-2004, § 1; Ord. No. 034-2004, § 1; Ord. No. 020-2006, § 1; Ord. No.
027-2007, §§ 13; Ord. No. 041-2007, § 1; ;
Ord. No. 016-2008, §§ 14Ord. No. 001-2010, §§ 1,
; ; ; )
2Ord. No. 001-2011, § 1Ord. No. 036-2013, § 1Ord. No. 009-2014, §§ 1, 2
Secs. 18-2818-57. - Reserved.
ARTICLE III. - BOARD OF PARKS AND RECREATION
Sec. 18-58. - Created.
There is hereby created in the county a board to be known as the county board of parks and
recreation.
(Code 1979, § 13.5-16; Ord. No. 18-1983, § 1)
Sec. 18-59. - Membership.
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The board shall consist of five members, one member of which shall be appointed by each of the
county commissioners, all of whom shall be residents of the county.
(Code 1979, § 13.5-17; Ord. No. 18-1983, § 2)
Sec. 18-60. - Term of office.
The term of office for each member of this board shall be four years. It shall be the duty of the county
administrator upon the passing of this article to select and designate, in writing, a county employee to act
as liaison with the county administration. The designee's duty shall be to meet with this board and through
the county administrator's office make arrangements for any and all aid and assistance that may be given
to this board in the performance of its duties. The county liaison member will be a nonvoting member of
the board.
(Code 1979, § 13.5-18; Ord. No. 18-1983, § 3)
Sec. 18-61. - Officers.
The board at its first meeting shall duly organize itself by electing one of its members as the chair,
one of its members as the vice-chair and one of its members as secretary. The terms of the officers so
elected shall be for one year, and the election of new officers shall occur at the first regular meeting called
by the board after the selection of new members as provided for herein.
(Code 1979, § 13.5-19; Ord. No. 18-1983, § 4)
Sec. 18-62. - Duties.
It shall be the duty of the board to:
(1) Periodically review the facilities, programs, management, costs and the expenditures for
maintenance of the parks, and for all revenues and funding relative to the parks program in this
county for the present existing facilities;
(2) Cooperate with other recognized and approved county recreational groups, such as Florida
Keys Conservation and Recreational Council, the Athletic Associations, etc.; and
(3) From time to time, make recommendations to the board of county commissioners for any and all
improvements that are deemed necessary and appropriate. As part of the duties of this board,
the same should study and from time to time make recommendations for additional facilities and
park recreational areas and programs.
(Code 1979, § 13.5-20; Ord. No. 18-1983, § 5)
Sec. 18-63. - Meetings; reports; disqualification of members; compensation.
(a) It shall be the duty of the board to:
(1) Meet at least once each quarter of each year, giving public notice of the meeting, and
encouraging public input; and
(2) Provide to the board of county commissioners a report at least quarterly (February, May,
August, November) of each year describing its activities and/or recommendations.
(b) Should any member miss as many as three consecutive meetings, whether regular meetings or
special meetings, that person will be automatically disqualified as a member of the board; and the
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county commissioner whose appointee this person represents shall immediately appoint a successor
for the balance of the unexpired term of the vacant seat on the board.
(c) The members of this board shall be reimbursed only for automobile mileage to attend meetings of
the board, but no fee for compensation other than mileage shall be forthcoming or reimbursed.
(Code 1979, § 13.5-21; Ord. No. 18-1983, § 6)
Sec. 18-64. - Funding.
Funding and service to this board shall be included in the public works and engineering division
budget.
(Code 1979, § 13.5-22; Ord. No. 18-1983, § 7; Ord. No. 23-1989, § 1; )
Ord. No. 001-2012, § 1
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April 20, 2016 - BOCC Meeting
Legal memorandum for a public hearing to consider an ordinance amending section 18-
27(n)(1) and (n)(2) of the Monroe County Code, to authorize freestyle bicycling in the Skate and
Bike Parks at Key Largo Community Park and Big Pine Key Park
Section 316.0085, F.S., provides a governmental entity (GE) and its public employees
(PE) with statutory immunity from liability
when the GE designates public property and
allows the public to use the property for skateboarding, inline skating, paintball, freestyle,
mountain, and off-road bicycling. The County properties under consideration are Skate and
Bike Parks in which skateboarding, inline skating, and freestyle bicycling will be allowed.
immunity is to the extent that the GE or its employees are not liable to any person
The
who voluntarily participates in these activities or to a spectator
observing these
activities
participation in such activity and which takes place in the area designated for such activity.
thereno duty of care or basis of liability
316.0085, F.S., establishes that is for death,
personal injury or damage to personal property, and a GE that sponsors, allows, or permits
these activities is not required to eliminate, alter, or control the inherent risks in these
activities.
316.0085, F.S., provides that a person engaging in these activities or observing these
assumes the known and unknown inherent risks in these activities
activities
irrespective of age, and is legally responsible for all damages, injury, or death to
himself or herself which result from these activities.
A person engaged in these activities
is responsible for acting within the limits of her ability, maintaining control of her person
and equipment and refraining from acting in any manner which may cause or contribute to
death or injury. Failure to complywith these requirements constitutes negligence.
sovereign immunity limitations
316.0085, F.S., provided by
section 786.28, F.S., under any circumstances.
does not limit liability
316.0085, F.S. that would otherwise exist for any of the following:
guard against or warn of a dangerous condition of which
(a) Failure of the GE or PE to
a participant does not and cannot reasonably be expected to have notice.
gross negligence
(b) An act of by the GE or PE that is the proximate cause of the injury.
paintball or mountain and off-
(c) Failure of a GE that provides a designated area for
road bicycling
to obtain the written consent from the parents or legal guardians of any
child under 17 years of age before allowing such child to participate in paintball or
The County is not providing a
mountain and off-road bicycling in such designated area.
designated area for paintball or mountain and off-road bicycling so such a written
consent is unnecessary.
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