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Ordinance 010-2019 ORDINANCE NO. 010 -2019 AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 18-27 OF THE MONROE COUNTY CODE, PROVIDING FOR RESTRICTED ACCESS TO THE MURRAY E. NELSON GOVERNMENT CENTER PARK; PROVIDING FOR PERMISSIBLE AND PROHIBITED ACTIVITIES; PROVIDING FOR PENALITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Florida Statute section 125.01(1)(f) the Board of County Commissioners for Monroe County (BOCC) is granted the authority, among others, to provide parks, playgrounds and recreation areas; and WHEREAS, the BOCC finds that public parks and recreation areas provide sites where the families and citizens of Monroe County can benefit from and engage in healthy recreational activities; and WHEREAS,the County has designated the grounds of the Murray E.Nelson Cultural and Government Center as the Murray E. Nelson Government Center Park; and WHEREAS,the BOCC finds that live aboard boaters anchored off shore from the Murray E.Nelson Government Center Park have used the park as a de facto shoreside facility in a manner that imperils County operations at the property as well as the use of the property by other residents of Monroe County,to wit: excessive littering,long term parking of an excessive number of private vehicles, boat motor repair, and docking of dinghies and other vessels at or near the seawall; and WHEREAS, the conditions created by the live aboard boaters have increased in recent months to as to create an immediate hazard to the health, safety, and welfare of the other citizens who use the Murray E. Nelson Government Center Park; and WHEREAS, under Florida Statute section 125.66(3) the BOCC is granted the authority for emergency enactment of ordinances; and WHEREAS, without proceeding through this emergency enactment, the operations of Murray E.Nelson Government Center Park would be severely impacted; and WHEREAS, the BOCC further intends that this Ordinance be adopted to protect the public health and safety and promote safe use of Murray E.Nelson Government Center Park; and , WHEREAS,the BOCC does hereby declare that an emergency exists and that immediate enactment of this Ordinance is necessary,and by no less than a four-fifths vote of the BOCC does hereby waive notice of intent to consider this Ordinance; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: SECTION 1: LEGISLATIVE FINDINGS AND INTENT. The above stated recitals to this Ordinance are hereby incorporated into this Ordinance by the BOCC as the legislative intent pertaining to this Ordinance. SECTION 2: EMERGENCY ENACTMENT. Pursuant to State law and based on the legislative findings set forth herein, it is declared that an emergency exists requiring immediate action by the BOCC. SECTION 3: PROHIBITED ACTIVITIES. The following activities are prohibited at the Murray E.Nelson Government Center Park: 1. Camping. 2. Possession or consumption of alcoholic beverages is prohibited without the written permission of the County Administrator or his designee. For the purposes of this section, the term "alcoholic beverage" means distilled spirits and all beverages containing one- half of one percent or more alcohol by volume. 3. Fires, campfires, grilling, bonfires. No person shall cook or light or maintain any cooking fire, campfire, or other fire without the written permission of the County Administrator or his designee. 4. Mooring. No boats,jet skis, dinghies, or other vessels shall be moored, stored,tied up to, or otherwise affixed to any part of the property or within 25 feet of the property; and 6. Drones. No drones shall be operated from the park premises without written permission from the County Administrator or his designee. 7. Fireworks. Use, handling, possession or discharge of fireworks or explosives are prohibited without the written permission of the County Administrator or his designee. 8. Commercial use of property. There shall be no commercial use of the property without the written permission of the County Administrator or his designee. 9. Parking. There shall be no overnight parking of private vehicles without a parking permit issued by the County. SECTION 4: PENALTIES. A violation of any of the provisions set forth in this Ordinance shall be punishable as provided in section 18-27(p) and section 1-8 of the Monroe County Code of Ordinances. SECTION 5: 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 6: 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 7: FILING: Pursuant to F.S. 125.66(3), the Clerk is directed to transmit by email a certified copy of this Ordinance to the Florida Department of State as soon after enactment as is practicable and to the Municipal Code Corporation for publication; however the editors at Municipal Code Corporation are directed not to codify this Ordinance without further direction from the BOCC. SECTION 8: EFFECTIVE DATE. This Ordinance shall become effective immediately upon the Clerk's receipt of a confirmation email from the Department of State. SECTION 9: ENFORCEMENT. The Sheriff, his deputies, and all sworn law enforcement officers of the State of Florida are authorized to enforce this ordinance. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, through emergency enactment procedures authorized by F.S. 125.66(3), on the 21St day of March, 2019. Mayor Sylvia Murphy Yes Mayor Pro Tem Danny Kolhage Yes Commissioner Heather Carruthers Yes Commissioner Michelle Coldiran Yes ''tCommissioner David Rice Yes • = (SEAL) f� W BOARD OF COUNTY COMMISSIONERS F,= .;Attest;•KEVINmMADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk ayor is ordinance approved for form and er -' '\ Legal sufficiency. .7< Robert B. Shillinger, County Attorney C h, Cri GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN March 22, 2019 Department of State Administrative Code& Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It Mav Concern, Attached is an electronic copy of an Emergency Ordinance No. 010-2019 of the Board of County Commissioners of Monroe County, Florida, amending Section 18-27 of the Monroe County Code, providing for restricted access to the Murrav F. Nelson Government Center Park; providing for permissible and prohibited activities;providing for penalties; 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 March 21, 2019. Should you have anv questions, please feel free to contact me at (305) 292-3550. 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: County Administrator County Attorney Facilities BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 4, V'i waa� FLORIDA DEPARTMENT 0 TA'TE � N RON DESANTIS LAUREL M. LEE Governor Secretary of State March 22, 2019 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela Hancock Dear Mr. Madok Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 010-2019, which was filed in this office on March 22, 2019. 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 From: ords2municode.com To: Pete rs-Katherine2monroecounty-fl.aov; Pam Hancock Subject: Monroe County,FL Code of Ordinances-2008(14298)Supplement 18 Update 3 Date: Monday,March 25, 2019 12:12:45 PM Attachments: ATf00001.bin ATf00002.bin ****THIS IS AN AUTOMATICALLY GENERATED EMAIL* Below, you will find the material that we have received/recorded to your account. This material is being considered for inclusion in your next/current update, Supplement 18 Update 3 Ordinance No. 008-2019 2/20/2019 3/13/2019 PDF Ordinance No. 010-2019 3/21/2019 3/25/2019 PDF ' _ ' 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.