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Item O5 BOARD OF COUNTY COMMISSIONERS AGENDA rrEM SUMMARY Meeting Date: March 21, 2001 Division: County Attorney AGENDA ITEM WORDING: Approval to advertise an ordinance amending Sec. 13.5-3, MCC, in order to define the usage of the wood pier at Higgs Beach County Park. ITEM BACKGROUND: People using the pier for net casting have been asked not to do so because there is an apparent danger to swimmers in the area. However, there is no law or regulation which can be enforced to support guards or police making such requests. PREVIOUS RELEVANT BOCC ACTION: None. STAFF RECOMMENDATION: Approval to advertise for public hearing on April 18, 2001 in Key West. TOTAL COST: Cost to County: BUDGETED: APPROVED BY: County Attorney X OMB/Purchasing Risk Management DIVISION DIREcr~ DOCUMENTATION: Included -1L To Follow Not required AGENDA ITEM # '.06 Public Works Department ORDINANCE NO -2001 AN ORDINANCE OF THE BOARD OF COUNlY COMMISSIONERS OF MONROE COUNlY, FLORIDA, AMENDING SECTION 13.5-3, IN ORDER TO DEFINE THE USAGE OF THE WOOD PIER AT HIGGS BEACH COUNlY PARK; PROVIDING FOR SEVERABILIlY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVe DATE BE IT ORDAINED BY THE BOARD OF COUNty COMMISSIONERS OF MOf\ROE COUNty, FLORIDA: Section 1. Section 13.5-3, shall be amended by the addition of the following: (h) The wood pier' at Higgs Beach may be used only for' activities related to swimming, sunbathing and recreation which does not endanger the safety of swimmers, sunbathers and persons engaged in meditation. Fishing, including but not limited to spearfishing, net casting, use of rod and reel, is prohibited. Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. 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 conform to the uniform numbering system of the Code. Section 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of April, 2001. Mayor George Neugent Commissioner o,arles McCoy Commissioner Murray Nelson Commissioner Dixie Spehar Commissioner Nora Williams (SEAL) Attest: DANN~~.Gt, Clerk BOARD OF COUNty COMMISSIONERS OF MOf\ROE COUNty, FLORIDA By By Deputy Clerk jdordParkHiggsPier Mayor/o,airperson