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Item P1 P.1 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting June 19, 2019 Agenda Item Number: P.1 Agenda Item Summary #5595 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Patricia Eables (305) 292-3477 1:30 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance amending the rules of operation for Rowell's Waterfront Park and codifying them into the Monroe County Code. ITEM BACKGROUND: In 2016, the BOCC directed staff to open Rowell's Waterfront Park to the public for the Memorial Day weekend. In order to do so, the Board enacted Ordinance No. 020- 2016 on May 18, 2016 on an emergency basis. That ordinance established the initial operating hours and rules for Rowell's Waterfront Park. It was the intention of the BOCC to subsequently seek public input so the interim rules, which were adopted on the eve of the park's opening, could receive the benefit of public input and recommendations. The Parks & Recreation Advisory Board held a public meeting on April 15, 2019, and made recommendations to be included in a new ordinance governing activities at Rowell's Waterfront Park. As a result of those recommendations, a more comprehensive ordinance has been drafted for consideration by the BOCC. If adopted, this ordinance will be included for codification in the Monroe County Code of Ordinances. PREVIOUS RELEVANT BOCC ACTION: 9/17/2013 (06): Board approved the Agreement for Sale and Purchase of the property formerly known as Rowell's Marina, including Tracts 1 and 2, plus a breakwater peninsular, Parcel "A" and rocket jetty and land, Parcel "B", located at 104550 Overseas Highway, Key Largo, for the purchase price of no more than Five Million Dollars and No Cents 5/18/2016 (S5): Board adopted Emergency Ordinance No. 020-2016 creating Rowell's Waterfront Park and providing park hours and permissible and prohibited activities. 2/22/2018 (P5): Board granted approval and authorized execution of the Unity of Title which consolidates Monroe County's two parcels into a single lot with one legal description 5/22/2019 (C-34): BOCC scheduled a Public Hearing for the June 19, 2019, BOCC meeting in Key Largo, FL, at 1:30 P.M. or as soon thereafter as may be heard for consideration of a new ordinance. Packet Pg. 1427 P.1 CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATION: Approval. DOCUMENTATION: Rowell's Ordinance (final 6-19-19) (legal stamped) Ordinance 020-2016 Rowell's Notice of Inttention to Consider Adoption of County Ordinance Re: Rowell's Waterfront Park& POPs: KW Citizen and Keys Weekley FINANCIAL IMPACT: Effective Date: This Ordinance shall be filed with the Department of State and shall be become effective as provided in Section 125.66(2), Florida Statutes. Expiration Date: n/a Total Dollar Value of Contract: n/a Total Cost to County: Advertising Costs Current Year Portion: TBD Budgeted: Yes Source of Funds: CPI: n/a Indirect Costs: TBD 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: n/a Additional Details: N/A. REVIEWED BY: Patricia Eables Completed 05/30/2019 10:21 AM Kevin Wilson Completed 06/03/2019 8:50 AM Bob Shillinger Completed 06/04/2019 5:13 PM Budget and Finance Completed 06/05/2019 8:00 AM Maria Slavik Completed 06/05/2019 9:31 AM Kathy Peters Completed 06/05/2019 10:53 AM Board of County Commissioners Pending 06/19/2019 9:00 AM Packet Pg. 1428 P.1.a ORDINANCE NO. -2019 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA,AMENDING CHAPTER 18.PARKSAND RECREATION OF THE MONROE COUNTY CODE TO INCLUDE ROWELL'S WATERFRONT PARK; AMENDING SECTION 18-3(b) PROHIBITING ULTRALIGHT AIRCRAFT; AMENDING SECTION 18- 27(a) DEFINING ROWELL'S WATERFRONT PARK; AMENDING SECTION 18-27(c)(1) SETTING THE HOURS OF OPERATION; CREATING SECTION 18-27(1)(4) PROVIDING SPECIFIC PET REGULATIONS AT ROWELL'S WATERFRONT PARK; AMENDING SECTION 18-27(n)(3) PROHIBITING SKATING, ROLLERBLADING, AND SKATEBOARDING; AMENDING 18-27(o)(1) PROHIBITING THE POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES; CREATING SECTION 18-29 TITLED ROWELL'S WATERFRONT PARK PROVIDING REGULATIONS SPECIFIC TO ROWELL'S WATERFRONT PARK; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Florida Statutes, Section 125.01(1)(f) the Board of County Commissioners (BOCC) of Monroe County, Florida, 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 JA 3 0 WHEREAS, in December 2013, the County purchased the property formerly known as Rowell's Marina to provide additional recreational opportunities and open space for County residents by eventually converting the property into a public park; and WHEREAS, in May 2016, the BOCC found that providing Rowell's Waterfront Park in Key Largo as a free and open public recreational park area would benefit the families and citizens of Monroe County by allowing community events to take place at the property; and Page 1 of 10 Packet Pg. 1429 P.1.a WHEREAS,under Florida Statutes, Section 125.66(3),the BOCC is granted the authority for emergency enactment of ordinances; and WHEREAS, on May 18, 2016, through emergency enactment as permitted by Florida Statutes, the BOCC adopted Ordinance No 020-2016 to express the vision and desire of the BOCC to immediately provide and make available Rowell's Waterfront Park as a public park beginning on Memorial Day Weekend 2016; and 0 WHEREAS, without proceeding through the emergency enactment to adopt Ordinance No. 020-2016,the opening of Rowell's Waterfront Park would have been delayed several months and unavailable for the public to enjoy during an important holiday for Monroe County citizens, that being Memorial Day Weekend 2016; and WHEREAS, it was the intention of the BOCC, that the adoption of Ordinance No, 020- 2016 through emergency enactment, would allow for the creation of Rowell's Waterfront Park and establish the initial set of rules for the Park, to be followed by a more comprehensive ordinance to be considered at a later date and codified into the Monroe County Code of e:1 Ordinances following public discussion and input as to the development, establishment, and implementation of Rowell's Waterfront Park; and U) WHEREAS, the County Parks & Recreation Advisory Board, after hearing public 1� comments at its publicly noticed meeting on April 15, 2019, as to the desire of the public for amenities and uses of the Park and rules and regulations to be established, voted unanimously to recommend that the BOCC establish certain rules and regulations for the Park, including such provisions regarding water access similar to those adopted by the BOCC for the Murray E.Nelson Government Center Park in Ordinance No. 010-2019; and WHEREAS,the Monroe County Sheriff and his deputies are authorized by law to enforce Florida Laws and County Ordinances, but Rowell's Waterfront Park must have written rules established by Ordinance in order for the Sheriff and his deputies to enforce those rules; 0 3 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY c COMMISSIONERS OF MONROE COUNTY, FLORIDA: [Proposed Text Changes are presented in strip to indicate deletions and underline to indicate additions.] SECTION 1. Section 18-3(b). Ultralight aircraft prohibited at certain County boat ramps, Monroe County Code, is hereby amended to read as follows: (b) The following boat ramps may not be used for the launching of ultralight aircraft or retrieving Page 2 of 10 Packet Pg. 1430 P.1.a 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. The Rowell's Waterfront Park boat ramp. Key Largo , 3 0 SECTION 2. Section 18-27(a).Definitions, Monroe County Code,is hereby amended to read as follows: (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 Paint Park means the area described as follows: Lots 13, 14, 15, 16, E 17, 18, 19 and 20, Block 2, Bay Point Amended Plat, Bay Point Key according to U) 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 U) Official Records Book 866, 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- o 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. Page 3 of 10 Packet Pg. 1431 P.1.a Burr Beach Park means the area described as follows: Section 33, Township 62, Range 38, Park Sunny Haven PB1-185 Key Largo (AIternate Key: 8654944, Parcel ID: 005 5 7 1 8 1-000000). 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 61 S, Range 39E. 0 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. 0 Harty 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 3 and run Non the E line of Government Lot 3, a distance of 27 feet more or less to the mean high tide U) line on the shore of Florida Bay; thence SW'ly meandering such mean high tide 1� 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 A side of such Government Lot 4, thence S 13 of 30' W along such W side of Government Lot 4, a distance of 400 feet more or less to the point of beginning. e 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 61 S, 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. Page 4 of 10 Packet Pg. 1432 P.1.a Murray E. Nelson Government Center Park means the area described as follows: 2ND AMD& REV PLAT OF LEE SHORES P132-97 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. Rowell's Waterfront Park means the area described as Tracts 1 and 2, Highland Shores, according to the Plat thereof as recorded in Plat Book 3, Page 39, of the Public Records of Monroe County, Florida; Alternate Key#1626015, Parcel ID 900508200-000000 and Alternate Key #1626023, Parcel ID 400508210- 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 0 belonging or in any use appertaining, less the following tracts: Less that part of JA 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. Page 5 of 10 Packet Pg. 1433 P.1.a Watson Field Park means the area described as follows: Section 23 Township 66 Range 29 Pine Key Acres TRACT I3 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, a. 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. SECTION 3. Section 18-27(c)(1). Park hours, Monroe County Code, is hereby amended to read as follows: (1) The parks and beaches listed above are open to the public, Monday through Sunday, from 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 Park is open every day from 7:30 a.m. until 10:00 p.m.; • Big Pine Key Park is open every day from 7:30 a.m. to 8:30 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.; • Rowell's Waterfront Park is open every day from 7:30 A.M. until one- half hour after sunset; • Watson Field Park is open every day from 7:30 a.m. to 10:00 p.m. SECTION 4. Section 18-27(1)(4). Pet Regulations, Monroe County Code, is hereby created to read as follows: e Pets are allowed at Rowell's Waterfront Park subject to the following regulations: a. Pets must be kept on a leash no greater than eight (8) feet long. b.Pets are not allowed in the swimming basin or within_150 feet of the waterfront. All pets must be accompanied at all times by an adult human owner or handler. Page 6 of 10 Packet Pg. 1434 P.1.a d. Owners or handlers must clean up after pets and properly dispose of waste. The County shall provide Mutt Mitts and Doo-Drop in stations for this purpose. e. Pets_exhibiting aggressive behavior towards a human or animal or creating a nuisance must be immediately removed from the Park. f. There shall be no more than three(3)dogs per owner or handler per visit. g. Puppies under four(4) months of age are not allowed. IL h. If a dog digs, the dog must be stopped immediately and the owner/handler must fill the hole. i. All pets must have current rabies vaccinations and County licenses and be wearing their tags while in the Park. L Dogs in heat, ill, and having excessive fleas. ticks, or other internal or external parasites are not allowed. e SECTION 5. Section 18-27(n)(3),Skating, rollerblading, skateboarding and bicycling, Monroe County Code,is hereby amended to read as follows: (3) No person shall skate, rollerblade, skateboard or perform any similar activity in any area of the Murray E. Nelson Government Center Park or Rowell's Waterfront Park. SECTION 6. Section 18-27(o)(1),Alcohol prohibited, Monroe County Code,is hereby amended to read as follows: (1) No person shall consume any alcoholic beverage or possess any container containing any alcoholic beverage while at the Murray E. Nelson Government Center Park or Rowell's Waterfront Park without the explicit approval of the County Administrator. SECTION 7. Section 18-29. Rowell's Waterfront Park, Monroe County Code, is hereby created to read as follows: ia,)_ 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: A 3 Alcoholic beverage, for the purposes of this section. means distilled spirits and all beverages containing one-half of one percent or more alcohol by volume. Rowell's Waterfront Park means the area described as Tracts 1 and 2, Highland Shores, according to the Plat thereof as recorded in Plat Book 3, Page 39, of the Public Records of Monroe County, Florida; Alternate Key #1626015, Parcel ID 400508200-000000 and Alternate Key#1626023, Parcel ID #00508210-000000. Page 7 of 10 Packet Pg. 1435 P.1.a Prohibition against alcoholic beverages. Possession or consumption of alcoholic beverages is prohibited without the written permission of the County Administrator or his designee. (c) Camping. There shall be no camping on the property of Rowell's Waterfront Park. Fires, campIres, grilling bonfires. No person shall cook, light,or maintain any cooking fire, campfire, or other fire in the Park without the written permission of the County Administrator or his designee. (e) Vessels and Mooring, No motor boats, iet skis, varasail, kiteboardin& dinghies, or other motorized watercraft of any type are allowed in the Park, nor shall any such vessels be moored,stored,tied up to,or otherwise affixed to any part of the property or within twenty-five feet of the propert}rr fD Golf balls and pofng. No person may hit or otherwise propel, place, or leave golf balls in the Park. Z Drones. No drones shall be operated from the Park premises without the written permission of the County Administrator or his designee. U) Fireworks. Use, handling, possession, or discharge of fireworks or explosives are prohibited in the Park without the written permission of the County Administrator or his designee. Q Sales and Commercial Use of Property. There shall be no sale of any goods or_merchandise-nor_any_other commercial use of the property without the written permission of the County Administrator or his designee. Use of Seawall. Diving from the seawall and mooring of vessels to the seawall is prohibited. Sivinzming. Al swimming shall be at the individual swimmer's own risk. The waterfront_areas_shall be marked with signage prominently warning there is no safety equipment or lifeguard on the premises and that persons must he aware of natural conditions, water current and depths, and swim at their own risk. U Parking. Patrons of Rowell's Waterfront Park shall park vehicles inside the Park only in areas designated as parking areas, and may not park along or on the right-of-way, bike paths, or roadway of the Overseas Highway. Page 8 of 10 Packet Pg. 1436 P.1.a (m) Docking. Embarking and Disembarking. No person shall dock a vessel of any kind, nor shall any person embark or disembark a vessel from the seawall at RoweIl's Waterfront Park. The boat ramp shall only be used to launch or land kayaks, canoes, paddle boards, and similar self-propelled watercraft. (n) Pet Regulations. As cited in Section 18-27(114), pets are allowed in Rowell's Waterfront Park under the following conditions: a.Pets must be kept on a leash no greater than eight (8) feet long. b.Pets are not allowed in the swimming basin or within 150 feet of the waterfront. c. All pets must be accompanied_ _ _at_all times by an adult human owner or handler. d. Owners or handlers must clean up after pets and properly dispose of waste.The County shall provide Mutt Mitts and Doo-Drop in stations for this purpose. e. Pets exhibiting aggressive behavior towards_a human or animal or creating a nuisance must be immediately removed from the Park. f. There shall be no more than three(3)dogs per owner or handler per visit. g. Puppies under four(4) months of age are not allowed. h. If a dog digs, the dog must be stopped immediately and the owner/handler must fill the hole. 1� i. All pets must have current rabies vaccinations and County licenses and be wearing their tags while in the Park. j. Dogs in heat, ill, and having excessive fleas, ticks, or other internal or external parasites are not allowed. SECTION 8. 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 9. SEVERABILITY. Should any provision of this Ordinance be declared by a court 0 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. SECTION10. CONFLICT WITH OTHER ORDINANCES. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 11. INCLUSION IN THE 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 confirm to the uniform numbering system of the Code. Page 9 of 10 Packet Pg. 1437 P.1.a SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in Section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, IL Florida,at a regular meeting of said Board held on the day of „2019. r- 0 Mayor Sylvia J. Murphy Mayor Pro Tern Danny Kolhage Commissioner Michelle Coldiron U) Commissioner Heather Carruthers Commissioner David Rice 0 (SEAL) Attest: KEVIN MADOK,Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk Mayor Sylvia J. Murphy U) O�w,.�.�OE COUNTY ATTORNEY'S OFFICE A 'POV A E PATRICIA EABLES w, .. � ASSISTANTY ATTORNEY 3 DATE. c Page 10 of I0 Packet Pg. 1438 P.1.b ORDINANCE NO. 020 - 2016 AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, PROVIDING FOR CREATION OF ROWELL'S WATERFRONT PARK; PROVIDING FOR PARK HOURS; 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 c� WHEREAS, in December 2013, the County purchased the property formerly known as Rowell's Marina to provide additional recreational opportunities and open space for County residents by eventually converting the property into a public park; and WHEREAS, since taking ownership of the property, the BOCC has permitted community events to take place but due to site conditions has not opened the property up for general use by the public; and to WHEREAS, the BOCC finds that providing Rowell's Waterfront Park in Key Largo as a free and open public recreational area on Memorial Day Weekend 2016 offers such a recreational park area that benefits the families and citizens of Monroe County; and WHEREAS, under Florida Statute section 125.66(3) the BOCC is granted the authority for emergency enactment of ordinances; and WHEREAS, it is the vision and desire of the BOCC to immediately provide and make available Rowell's Waterfront Park as a public park beginning on Memorial Day Weekend 2016 through emergency enactment of this Ordinance as permitted by Florida Statutes; and WHEREAS, without proceeding through this emergency enactment, the opening of Rowell's Waterfront Park would be delayed several months and it would not be available for the public to enjoy and benefit from during an important holiday for Monroe County citizens, that being Memorial Day Weekend; and Packet Pg. 1439 P.1.b WHEREAS, the BOCC further intends that this Ordinance be adopted to protect the public health and safety and promote safe use of Rowell's Waterfront Park; and WHEREAS, the Monroe Count,% Sheriff and his deputies are authorized by law to enforce Florida Laws and County Ordinances; and WHEREAS, Rowell's Waterfront Park must have written rules established by Ordinance in order for the Sheriff and his deputies to enforce those rules; 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 WHEREAS, it is the intention of the BOCC that this Ordinance shall establish the initial set of rules for Rowell's Waterfront Park but that a more comprehensive ordinance will be considered at a later date after public discussions and input, and that the future ordinance shall be codified into the Monroe County Code of Ordinances after regular meetings as to the development, establishment, and implementation of Rowell's Waterfront Park. 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 3 Ordinance are hereby incorporated into this Ordinance by the BOCC as the legislative intent pertaining to this Ordinance. N SECTION 2: EMERGENCY ENACTMENT. Pursuant to State law and based on the N legislative findings set forth herein, it is declared that an emergency exists requiring immediate action by the BOCC. SECTION 3: ROWELL'S WATERFRONT PARK. For purposes of this Ordinance Rowell's Waterfront Park means the area described as Tracts 1 and 2, Highland Shores, according to the Plat thereof as recorded in Plat Book 3, Page 39, of the Public Records of E Monroe County, Florida; Alternate Key: 1626015 Parcel ID: 00508200-000000 and Alternate Key: 1626023 Parcel ID: 00508210-000000. SECTION 4: PARK HOURS. Rowell's Waterfront Park shall be open every day from 7:30 a.m. until sunset. SECTION 5: PROHIBITED ACTIVITIES. The following activities are prohibited at Rowell's Waterfront Park: Packet Pg. 1440 P.1.b 1. Camping. 2. Possession or consumption of alcohol beverages. 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, camp fires, grilling, bonfires. No person shall cook or light or maintain any cooking fire, campfire, or other fire. 4. Motor boats,jet skis, parasail, kiteboarding, or motorized watercraft of any type. 5. Golf balls and golfing. No person may hit or otherwise propel, place or leave golf balls in the park. 6. Operation of drones from the park premises. 7. Use, handling, possession or discharge of fireworks or explosives. 8. Sale of any goods or merchandise. SECTION 6: DOGS. Dogs are allowed in Rowell's Waterfront Park under the following conditions: a. Dogs must be kept on a leash no greater than eight feet long. b. Dogs are not allowed in the swimming basin or within 150 feet of the waterfront. c. All dogs must be accompanied at all times by an adult human owner or handler. d. Dog owners or handlers must clean up after dogs and properly dispose of waste. The county shall provide Mutt Mitts and Doo-Drop in stations for this purpose. e. Dogs exhibiting aggressive behavior towards a human or animal or creating a nuisance must be immediately removed from the park. JA f. There shall be no more than three dogs per owner or handler per visit. 0 g. Puppies under four months of age are not allowed. to h. If a dog digs, the dog must be stopped immediately and the owner/handler must fill the hole. N i. All dogs must have current rabies vaccinations and county licenses and be wearing their tags while in the park. j. Dogs in heat, ill and having excessive fleas, ticks, or other internal or external parasites are not allowed. 0 SECTION 7: USE OF SEAWALL. Diving from the seawall and mooring of boats to the seawall are prohibited. SECTION 8: SWIMMING. All swimming shall be at the individual swimmer's own risk. The waterfront areas shall be marked with signage prominently warning that there is no safety equipment or lifeguard on the premises and that persons must be aware of natural conditions, water current and depths, and swim at their own risk. SECTION 9: PARKING. Patrons of Rowell's Waterfront Park shall park vehicles inside the park only, and may not park along or on the right-of-way, bike paths, or roadway of Overseas Highway. Packet Pg. 1441 P.1.b SECTION 10: DOCKING, EMBARKING and DISEMBARKING. No person shall dock a vessel of any kind, nor shall any person embark or disembark a vessel from the seawall at Rov,,ell's Waterfront Park. The boat ramp shall only be used to launch or land kayaks, canoes, paddle boards, and similar self-propelled watercraft. SECTION 11: 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 12: 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 13: 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 14: 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 0 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. 3 0 SECTION 15: EFFECTIVE DATE. This Ordinance shall become effective immediately to upon the Clerk's receipt of a confirmation email from the Department of State. N 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 18t�ay_ rl of May 2016. o o Mayor Heather Carruthers Yes mac-. � o Mayor Pro Tem George Neugent Yes m� '` --q Commissioner Danny Kolhage Yes C, rnCO Commissioner David Rice Yes ;-Z. z,. -.0 E Commissioner Sylvia Murphy Yes d r c 7? BOARD OF COUN C MISSIONERS Y HEAVILIN, Clerk OF MONROE A Aid 4 By: epuMayor Clerk ' as_ MONROE COUNTY A 7ORNEY APP VIED AS T OR HRIS AMB OSIO ASSISTANT COUNTY TTORNEY Date: / Packet Pg. 1442 P.1.b AMY REAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY,FLORIDA May 25, 2016 Mr. Ernest L. Reddick, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 3 0 Dear Mr. Reddick, Enclosed please find a certified copy of Ordinance No 020-2016 Approval of an Emergency Ordinance creating Rowell's Waterfront Park and providing park hours and permissible and prohibited activities. This Ordinance was adopted by the Monroe County Board of County Commissioners at a 3 Regular Meeting, held in formal session, on May 18, 2016. Please file for the record. Should you have any questions please feel free to contact me at (305) 295-3130. to N Res ectfully s�Orrlitted,s M Amy He ilin, CPA, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners by: Cheryl Robertson, D.C. cc: County Attorney via e-mail Growth Management via e-mail County Administrator via e-mail BOCC via e-mail MuniCode via e-mail File 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 Packet Pg. 1443 t P.1.b FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State IL May 26, 2016 0 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Ms. Cheryl Robertson, Executive Aide Dear Ms. Heavilin: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 020-2016, which was filed in this office on May 26, 2016. N Sincerely, N 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.fl.us Packet Pg. 1444 P.1.c NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 19, 2019 at 1:30 P.M., or as soon thereafter as may be heard,in the Murray E. Nelson Government Center, 102050 Overseas Highway, Key Largo, 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 BOARD OF COUNTY IL COMMISSIONERS OF MONROE COUNTY, FLORIDA, 06 PROVIDING FOR PARK HOURS AT ROWELL'S19 WATERFRONT PARK; PROVIDING FOR PERMISSIBLE AND IL PROHIBITED ACTIVITIES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any 6 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. 0 ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to 0 participate in this proceeding,please contact the County Administrator's Office, by phoning (305) 292-4441, 3 between the hours of 8:30 a.m. -5:00 p.m., no later than five(5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call"711': Live Closed Captioning is available via our web portal @ htta monroecountVfl.i(m2.com for meetings of the Monroe County Board of County Commissioners. 0 Dated at Key Largo, Florida, this 22nd day of May, 2019. a� KEVIN MADOK, Clerk of the Circuit Court r- (SEAL) and ex officio Clerk of the Board of County U Commissioners of Monroe County, Florida c Publication dates: a KW Citizen (Wed) 5/29/19—Account#143337 (Facilities Maintenance) Keys Weekly(Th) 5/30/19 -Account#4206 (Facilities Maintenance) 0 News Barometer (Fr) 5/31/19 -Account#NB015 (Facilities Maintenance) 0 0 Packet Pg. 1445 AWrr.i,z_EN KEY � ° � The Florida Keys Only Daily!Newspaper,Est. 1876 � PO Box 1800,Key west FL 33041 P:(305)292-7777 ext 219 F.(305)295-8025 vy legafs@keysnews.com RECEIVE MONROE CO FACILITIES MAINTENANCE JUN 0 6 2019 KEY WEST FL 33040 1,4,()NROE C;C11 Pfl 1"Y ATTORNEY t.3 Account: 143337 Ticket: 295973 I to STATE OF FLORIDA �i�[tblii� o c� a NOTICE OF INTENTION TO CONSIDERod COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE NOTICE,OF INTENTION pro CON.IDER 19 NOTICE IS HEREBY GIVEN TO WHOM ITIL AOf3PTi0N QF COUNTY ORDINANCE fore the a ersi a uthority personally appeared MAY CONCERN that on June 19,2019 gy pp at 130 R or as soon thereafter as 'NOTICE I5 HEREBY'GIVE4�TOaW10,2 19` s may be heard,in the Murray E.Nelson MAY�OEfCERN that on�Jthe;,1a r as 0 Government Center, 102050 Overseas _at 1 Phi ofs soon thereafter as, r be Hear the Murray .'P!€loon Who On Oath Says that he or She i5 Highway,Key Largo,Monroe County €��afle'Cn£er 102050 Overseas Florida,the Board of County Commis- �� e �� �� �(� of LYgo Monroe Founts sinners of Monroe Coun Florida,in- ���� �,�r i , M tends to consider the adoption of the Foy� eo �f County Commis- of the Key West Citizen,a daily news- sot �, f�r�foonty Ronda,in- following County ordinance: ���,� u) � �� 5�d��� +;'adoption of the paper published in K ounty, Florida,that the attached copy f61JCf� �; u � dmance: AN ORDINANCE OF THE BOARD OF of aovertismenf,beingmatter of ROWELL'S WATERFRONT COUNTY COMMISSIONERS OF MON- PARK;was published in said newspaper in the issues of: ROE COUNTY, FLORIDA, PROVIDING U �NIf 510NER5 O Ma, 0 FOR PARK HOURS AT ROWELL.WA- ROE COUa(iS', FLORIDA, PR(V)DING TERFRONT PARK;PROVIDING FOR PER- FOR PAR URS AT ROWEkf`S,WA Wednesday,May 29,2019 MISSIBLE AND PROHIBITED ACTIVITIES; TERFROt Rki)'RDVIDING469,'ER 4) PROVIDING FOR PENALTIES; PROVID- MISSIBI E FCNDPROfI1BITED ACVDIES ING FOR SEVERABILITY; PROVIDING PBbVibhlf,�EOR PENALTIE�6�'BOVfD tig FOR REPEAL OF ALL ORDINANCE.— ItdG FORt ,SE VER/CBILrrY P,R4V{DING. Ca CONSISTENT HEREWITH; PROVIDING FORiEA OF ALL ORDINF�ICESiN Affiant further says that the Key West Citizen is a newspaper published in Key FOR INCORPORATION INTO THE MON- CONSf EE1T HEREWITH PKo1JfpI G,, West, in said Monroe County,Florida and that the said newspapers has hereto- ROE COUNTY CODE OF ORDINANCES; FOR'It5C43RPORATK?N INTO Tk1E'fiIIONJ' _® fore been continuously published in said Monroe County, Florida every day,and AND PROVIDING AN EFFECTIVE DATE. ROE COUN ,CODE,F,ORDINANCES; has been entered as periodicals matter at the post office in Key West, in said Pursuant to Section 286.0105, Florida AND PRCENIDING AN;EFFECTIYE DATE.. Monroe County,Florida,for a period of 1 year next preceding the first publication Statutes,notice is given that if a personPurUaf�f'to YeZtioii 286.0105; Florida of the attached copy of advertisement;and afflant further says that he or she has deader to appeal any decision made er statutes, appe is given that n a person � the Board with respect to an matter decides to appeal an decision made by neither paid nor promised any person,firm or corporation any discount,rebate, considered at such hearings or meet- the Board'with respect to any matter 0 commission or refund for the purpose of security this advertisement for ubli in s,he will need a record of the pro- considered at-such hearings or meet p g p ceedings,and that, for such purpose, ings,he will need a record of the pro- tion in the said newspaper. he may need to ensure that a verba- ceedings, and that,for such purpose,, ba- tim record of the proceedings is made, he may need to ensure that a verde, which record includes the testimony tim rex rd of the roceedings;is made, and evidence upon which the appeal is which Fetjiid mrl'Uifes.the testimony 1 nature of Affiant to be based. and`'Cyv1d'enee uporswhichthe appeal'is { g to be based. : . AAA ASSISTANCE:If you are a person AOA ASSISTANCE:if ou are a person AVTed subsc• d efore me this 29th da of Ma 2019 with a disability who needs speeiai yyy y with a .disability who needs special Ggaccommodations in order to partici- accrtrrVrfrodafions'm order to partiri- pate in this proceeding,please contact lease contact eAthe Caun Administrator`s Office, bpateinthisprgceed+rig,p' d � y°"r N111144EiJ� �' Y the'County gdminrstra#ors Office, by � { tic Si ure) ��. phoning(305)292-4441, between the phoning(305)292 4441, between the .�'y4 hours of 8:30 a.m.-5.00 p.m,no let- hours of 8:30 a.m 5:00 p.m no tat � er than five(5)calendar days prior to er than five 15)calendar days prior ti 0 the scheduled meetin ;if ou are hear-g y the scheduled meeting;rfyyou are hear ing or voice impaired,cart"711e.Live in or'voice impaired,ea/1"711".Livi (Notary Pu IIC Printed ame} ( ota Closed Captioning is available via our Closed Captioning"is avarla6te via au a web portal @ htto:tfmanroecountvfl° web portal httn tfmonroecounCA tvfi s for meeting of the Mon- i o for meetings of the Mon � y Commission expires ir2"�" roe County Board of County Commis- roe County Board of County Co me sioners. `sioners. Dated at Key Largo,Florida,this 22nd Dated at Key Largd;filbrida,,this 22n 0- Personally Known X Produced Identification day of May,2019. day of May,2019, KEVIN MADOK, KEVIN MADOK, Ca Clerk of the Circuit Court Clerk of the Circuit Court Type of Identification Produced and ex officio Clerk of the Board of and ex officio Clerk of the Board 4 0 County Commissioners of Monroe County Commissib'605 of Nl,nrc County,Florida County,Florida 05/29/19 Key West Citizen QS1L9119 Key West Citizen r_ wum� r� Packet Pg. 1446 P.1.c WEEMILNT6CE ;GNTENtONT , Al FSrNC� ��%ai IbRl y�uara erryn t(u T Ok[I f t,, , a tlisab it who d�'s 11 Nt?TICE IS P€FREBY,{;I E 3 sa ecea#!c� at rno, ,O€onsin-; WROM,IT MAY CONCERN 0 thatorY'Jtdrle3y, iC order rani i;r e fikZiy RECEIVED Published Weeklyat1"30P.I „or'assoori Proceeding,please contact the County 4rnrfttrator,s thereafter as mad be(ieard, Off1ce,,byP4h6bih (305I Marathon,Monroe County,Florida in the urrayE.Nelson _ � a t e ,SUN � 1 0 Gouernrnertt ent r,j4205A, hours R*4 G3verseas Highway lCey; p cra"'no" than frr M PROOF OF PUBLICATION �Y rrnro Coalnt j . ( c ndArd priorW 1IONROE CO�..PNTY"9170 NE' � Flot3d t 0oard of aunty the sd 0clulei i ting,'If C Yer S�tgss€p i�rs cad EUli�nrcae you arm'headn F�rtalse STATE OF FLORIDA rx t Flgart a,ant ds to parree9 call 711 Lire N c � rth adoptQonof he Cl o dtapt, -, ,,,�s COUNTY OF MONROE xnan aa€lrYyo�€ruxebportat 0 � CF OFTdE @��rrn nroeeoun I Before the undersigned authority 5 - f personally appeared JASON KOLER who c �IONERsoF pt ccsrrtform...... ,,Vs or,, p y p p CCUNT "� e lnroe Courrt�Board on oath, says that he is PUBLISHER of ro PC7VEIptN df §urkyConrrebfs:sners IL y ' na �a�Key Lard,Elonda,., FPusr� the WEEKLY NEWSPAPERS, a weekly ° �TERF#4oT th ��dayofay 2019.:.,, IL r newspaper published in Marathon, in KtiN NIA<7OKC( k df the��p I FOR: Clrcuitc6urt� 06 P� 1�ILEeEb,. and exs5fficio CIerKof 19 Monroe County, Florida: that thebNIStTpgTIYITEs, the0oaedoECounty P � FqR attached copy of advertisement was PEf -, "OR, IDII!iG n y a Commission a cif;IVlonrue published in said newspaper in the FO tV 6ii pPROVdf,II4 FOR Rf PEAL;, Pub Ctsh: issues of:(date(s)of publication) OFALLORDk',[ NCE J INCoNSISTE4TEi�E ITFH,, The Weekly.,Newspapers tig k PROVIDIN 61 INCORPORATION INTO THE MONROE`COUNTY CODE" e) OF ORDINANCES;AND PROVIDIHCaAN EFFECTIVE 6 DATE; � Affiant further says that the said WEEKLY Pursuantto5ection 0 NEWSPAPERS is a newspaper published notices giventhStatutes, p notice Is given that if a at Marathon, in said Monroe County, a ycoedecidensatd�bp al Florida,and that the said newspaper has surd with respeetto,any matter considered atsuch heretofore been continuously published hearings ormeetings,.h In said Monroe County, Florida, once willneedarecord=of the proceedings,acid that,for each week (on Thursday) and has been such purpose,;he,mayneed 0 qualified as a second class mail matter at toensure,thata verbatim record of the proceedings is the post office in Marathon, In Monroe maile,wht d,lPd daes the teVUMgoy,,ah` t��h .� 0 County, Florida,for a period of one year a p3,whdo h ,apg Eiscea next preceding the first publication of bled. 0 the attached copy of advertisement.The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund forthe purpose of securing this advertisement for publication in the said newspaper(s)and U that The Weekly Newspapers is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. 0 ,,Swor to and ubscribed before me 0 „,this day of ,2019. z (SEAL} 5,6a YpFJ .a CHARLOTTE FIRUSKA -�« r ICY COMMISSION##GG 221835 EXPIRES:September 1,2022 7r � Bonded Thru Notary Public Underwriters Notary Packet Pg. 1447