Item Q25
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
May 18, 2016
Agenda Item Number: Q.2
Agenda Item Summary #1621
BULK ITEM: DEPARTMENT:
No County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Chris Ambrosio (305) 292-3470
3:00 P.M. . PUBLIC HEARING
AGENDA ITEM WORDING:
Public Hearing to consider an Ordinance amending Sections 17-
4(b) and 18-1 and creating Section 17-4(e) of the Monroe County Code to expressly state that
camping in county-owned parks and recreational facilities is prohibited and providing the County
Administrator with authority to waive that prohibition.
ITEM BACKGROUND
: Current Monroe County Code (MCC) §17-
that the prohibition of camping on county-owned property includes county-owned public parks and
recreational facilities, or that the prohibition applies at all times of day and night. To clarify the
extent and effect of the ordinance, in connection with the proposed new MCC §17-4 (e) detailed in
the next paragraph, and to make this section consistent with other similar sections, this portion of the
ordinance should be rewritten.
Currently, MCC §17-4 also does not expressly provide the County Administrator with explicit
authority to waive this prohibition on a per event basis. The proposed addition to MCC §17-4 of a
ion of
camping on county-owned property, including public parks and recreational facilities, on a per event
basis. It also creates uniformity and consistency with other related ordinances that do currently
provide the express authority to waive prohibitions relating to County-owned public parks and
recreational facilities such as MCC §18-1 regarding the waiver of park hours and (MCC §18-2(b)
regarding uses of County parks and beaches which authorizes the BOCC to waive the prohibition on
alcohol beverages.
MCC §18-1 should be amended to replace the BOCC with the County Administrator as having
explicit authority to waive the prohibition of persons remaining in County parks in unincorporated
areas during closed hours to make it consistent with the County Ad
temporarily modify County park hours for certain parks pursuant to MCC §18-27(3).
The proposed amendment to Section 17-4(b) will provide that the prohibition of camping on county-
owned property expressly includes public parks and recreational facilities and applies at all times of
day and night. The proposed MCC Section 17-4(e) will provide the County Administrator with
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explicit authority to waive that prohibition on a per event basis. The proposed amended Section 18-1
will replace the BOCC with the County Administrator as having explicit authority to waive the
prohibition of persons remaining in County parks in unincorporated areas during closed hours.
The proposed amended Section 17-4(b) and addition of Section 17-4(e) and amendment of Section
18-1 of the Monroe County Code of Ordinances are attached. The changes are reflected with strike
through text for deletions and underlined text for additions.
PREVIOUS RELEVANT BOCC ACTION:
10/17/86 - Approval of MCC §13-8 prohibiting sleeping on public beaches or in parks during closed
hours; later becoming portion of MCC §18-1.
6/25/91 - Approval of amendment to MCC §13-8 prohibiting any person from remaining on County
beaches or park property in unincorporated areas during closed hours and adding penalty section 13-
9.
7/6/04 - Approval of MCC §19-102.5 creating a prohibition of camping on county-owned property.
7/14/04 - Approval of amendment to MCC §13-
1/28/09 - Approval of the MCC re-codification thus re-numbering §19-102.5 to §17-4 and §13-8 to
§18-1.
3/23/16 - Discussion and direction by the BOCC and approval to proceed with ordinance.
4/20/16 - BOCC approval to advertise for a public hearing to consider the ordinance.
CONTRACT/AGREEMENT CHANGES:
N/A.
STAFF RECOMMENDATION:
Approval and adoption of Ordinance.
DOCUMENTATION:
MCC Sec.17.3. 17.4. 18.1
Ordinance amending Sec. 17-4 & Sec. 18-1
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
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Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
N/A.
REVIEWED BY:
Bob Shillinger Completed 04/25/2016 12:17 PM
Kathy Peters Completed 04/25/2016 12:23 PM
Board of County Commissioners Pending 05/18/2016 9:00 AM
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Sec. 17-3.
- No overnight camping.
(a) No person may camp within the right-of-way of U.S. 1 in the unincorporated area of the
county between the hours of 11:00 p.m. and 6:00 a.m. For the purposes of this section, the
placement of a tent or parking of a recreational vehicle as defined in F.S. § 320.01(1)(b) on
the right-of-way of U.S. 1 during the designated hours shall be presumed to constitute
camping.
(b) No person may camp within the right-of-way of any arterial or collector street maintained by
the county in the unincorporated area of the county between the hours of 11:00 p.m. and
6:00 a.m. For the purposes of this section, the placement of a tent or the parking of a
recreational vehicle as defined in F.S. § 320.01(1)(b) on the right-of-way of any ofthe
streets described during the designated hours shall be presumed to constitute camping.
(Code 1979, § 19-102; Ord. No. 1-1973, § 1(art. VII, § 10); Ord. No. 20-1975, § 26; Ord. No. 9-
1990, § 1; Ord. No. 12-1991, § 1)
Sec. 17-4.
- No camping on county property.
(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:
Camp or camping means to pitch or occupy a tent or other temporary shelter for sleeping or
other habitation purposes. Camping may include the use of camping equipment.
Camping equipment includes, but is not limited to, tarpaulins, cots, beds, sleeping bags,
boxes or cartons, and portable stoves or other cooking paraphernalia but not barbecue grills
provided by the county.
County owned property means any property owned and/or managed by the board of county
commissioners, as well as property owned and/or managed in its capacity as the county
comprehensive plan land authority regardless of whether the property is located in the
unincorporated portion of the county or within the territorial limits of any municipality within the
county.
Safe zone means a facility designated by the board and/or by the governing body of any
municipality within the county where homeless persons can engage in life sustaining activities
free from the threat of arrest.
(b) Prohibition. No person shall camp on county-owned property. The mere act of a person
sleeping in a public place is not alone sufficient to constitute a violation of this section,
unless at least one indicium of camping exists.
(1) Before making an arrest under this section, a law enforcement officer must first inquire
of a person accused of violating this section whether that person is homeless; or
(2) Before a person claiming to be homeless may be arrested under this section, a law
enforcement officer must first advise the person of the availability of a safe zone and
afford the person the option of relocation to a safe zone in lieu of arrest.
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(c) Personal property. In the event a person is arrested under this section, the arresting officer
shall use reasonable efforts to identify and preserve the personal property of the person.
(d) Exceptions. This section does not apply to:
(1) Conduct prohibited by section 17-3;
(2) Any facility, site, or location designated by resolution or ordinance of the board; and
(3) The use of a beach umbrella or similar equipment used to provide temporary shade on a
beach during daytime hours of operation for that facility.
(Code 1979, § 19-102.5; Ord. No. 020-2004, § 1)
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)
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ORDINANCE ___-2016
AN ORDINANCE AMENDING SECTION 17-4(b) AND SECTION
18-1 AND CREATING SECTION 17-4(e) OF THE MONROE
COUNTY CODE; ADDING THAT THE PROHIBITION OF
CAMPING ON COUNTY-OWNED PROPERTY EXPRESSLY
INCLUDES PUBLIC PARKS AND RECREATIONAL
FACILITIES, AND APPLIES AT ALL TIMES OF DAY AND
NIGHT; PROVIDING THE COUNTY ADMINISTRATOR WITH
EXPLICIT AUTHORITY TO WAIVE THE PROHIBITION OF NO
CAMPING ON PUBLIC PROPERTY ON A PER EVENT BASIS;
PROVIDING THE COUNTY ADMINISTRATOR WITH
EXPLICIT AUTHORITY TO WAIVE THE PROHIBITION OF NO
PERSONS REMAINING IN PARKS DURING CLOSED HOURS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ALL ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
Monroe County has many county-owned public parks and recreational facilities
throughout the County; and
WHEREAS,
Monroe County Code of Ordinances (MCC) §17-4 prohibits camping on
county-owned property and MCC §17-4(b) states that no person shall camp on county-owned property;
and
WHEREAS,
MCC §17-4(a) defines county-owned property as any property owned and/or
managed by the board of county commissioners , as well as property owned and/or managed in
its capacity as the County comprehensive plan land authority regardless of whether the property is located
in the unincorporated portion of the County or within the territorial limits of any municipality within the
County; and
WHEREAS,
county-owned public parks and recreational facilities are not expressly included in
the definition of county-owned property in MCC §17-4(a) or in the prohibition of camping on
county-owned property contained in MCC §17-4(b); and
WHEREAS,
MCC §18-1 mandates that all County parks and beaches in the unincorporated areas
of the County, except Harry Harris Park, Tavernier, Florida, shall be closed during the hours of 11:00 p.m.
to 7:00 a.m. No person shall enter or remain at any such park or beach during those hours. The prohibition
of this section may be waived by the board of county commissioners on a per-event basis; and
WHEREAS,
MCC §18-27(3) authorizes the County Administrator or his/her designee to
temporarily modify County park hours for a period up to 90 days by memorandum setting forth the revised
hours of operation and the beginning and ending dates for the revised hours and to present the
memorandum to the next available regularly scheduled BOCC meeting; and
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WHEREAS,
historically some groups that sponsor, produce, participate in, or contribute to public
benefit and/or charitable organization events have requested that the County extend or waive the codified
park hours, waive the prohibition of particular uses or activities in the parks and waive the prohibition of
camping on county-owned property, specifically to camp in county-owned parks and/or recreational
facilities; and
WHEREAS,
other Sections of the MCC relating to county-owned property and parks provide
explicit authority to waive the prohibitions contained in those Sections, for example, the waiver authority
granted in MCC §18-1(codified park hours) and §18-2(b)(concerning possession or consumption of
alcoholic beverages on public beaches and parks); and
WHEREAS,
pursuant toF.S. §125.74(a), the County Administrator is authorized to administer
and carry out the directives and policies of the BOCC and enforce all orders, resolutions, ordinances, and
regulations of the BOCC; and
WHEREAS,
pursuant to F.S. §125.74(g), the County Administrator is authorized to supervise the
care and custody of all county property; and
WHEREAS,
pursuant to MCC §2-58(a) and (b) the BOCC adopted the county administration law
as contained in F.S, Ch.125, pt. III (F.S. §125.70 et seq.) and the County Administrator powers and duties
set forth in F.S. §125.74; and
WHEREAS,
MCC §17-4(b) needs to be amended to expressly state that the prohibition of
camping on County property includes county-owned public parks and recreational facilities and that the
prohibition applies at all times of day and night; and
WHEREAS,
Section 17-4(e) of the MCC should be created to provide the County Administrator
with explicit authority to waive the prohibition of camping on county-owned property, including public
parks and recreation facilities, on a per event basis, and to create uniformity and consistency with other
Sections that explicitly authorize a waiver of the prohibitions set forth in those Sections; and
WHEREAS,
MCC §18-1 needs to be amended to replace the BOCC with the County
Administrator as having explicit authority to waive the prohibition of persons remaining in County parks
in unincorporated areas during certain closed hours and to make it consistent with the County
temporarily modify County park hours for certain parks pursuant to
§18-27(3);
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
:
SECTION 1:
Section 17-4(b) of the Monroe County Code is hereby amended to read as follows:
(b) Prohibition. No person shall camp on county-owned property. This prohibition applies to all
county-owned public parks and recreational facilities. This prohibition applies at all times of day and
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night.The mere act of a person sleeping in a public place is not alone sufficient to constitute a violation of
this section, unless at least one indicium of camping exists.
(1) Before making an arrest under this section, a law enforcement officer must first inquire of a
person accused of violating this section whether that person is homeless; or
(2) Before a person claiming to be homeless may be arrested under this section, a law
enforcement officer must first advise the person of the availability of a safe zone and afford the person the
option of relocation to a safe zone in lieu of arrest.
SECTION 2:
Section 17-4(e) of the Monroe County Code is hereby created to read as follows:
(e) The prohibition of camping on county-owned property, including county-owned public parks and
recreational facilities, may be waived by the County Administratoror his/her designee on a per event
basis. The County Administrator or his/her designee may require the group requesting waiver of the
prohibition to provide liability insurance naming Monroe County Board of County Commissionersas an
additional insured in a form and amount satisfactory to the County Administratoror his/her designee.
SECTION 3:
Section 18-1 of the Monroe County Code is hereby amended to read as follows:
Unless otherwise provided by ordinance, all county parks and beaches in the unincorporated areas
of the county, except Harry Harris Park, Tavernier, Florida, shall be closed during the hours of 11:00 p.m.
to 7:00 a.m. No person shall enter or remain at any such park or beach during those hours. The prohibition
of this section may be waived by the board of county commissioners County Administrator or his/her
designee on a per-event basis.
SECTION 4:SEVERABILITY
. Should any portion of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as a whole, or
any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall
be held to be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 5:CONFLICT WITH OTHER ORDINANCES
. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 6:INCLUSION IN THE CODE OF ORDINANCES.
The provisions of this Ordinance
shall be included and incorporated in the Code of Ordinance of the County of Monroe, Florida, as an
addition or amendment thereto, and shall be appropriately renumbered as needed to conform to the
uniform numbering system of the code.
SECTION 7: EFFECTIVE DATE
. This Ordinance shall take effect upon the filing with the Department
of State as provided in F.S. §125.66(2).
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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 _______
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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