Item O5 ORDINANCE NO. -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:
0 5"
J
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 21' day
of March, 2019.
Mayor Sylvia Murphy •
Mayor Pro Tem Danny Kolhage
Commissioner Heather Carruthers
Commissioner Michelle Coldiran
Commissioner David Rice
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA
By: By:
Deputy Clerk Mayor
This ordinance approved for form and
Legal sufficiency.
Robert B. Shillinger, County Attorney