Item T2
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
April 21, 2004
Division
County Attorney
AGENDA ITEM WORDING
Public hearing of an ordinance establishing a dog park at Higgs Beach County Park
in Key West.
ITEM BACKGROUND
PREVIOUS RELEVANT BOCC ACTION
Approval to advertise for one public hearing at the March 17, 2004 meeting.
CONTRACT I AGREEMENT CHANGES
STAFF RECOMMENDATIONS
Approval.
TOTAL COST
BUDGETED Yes No
COST TO COUNlY
SOURCE OF FUNDS
APPROVED BY:
County Attorney _ OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL:
o
JOHN R. COLLINS
DOCUMENTATION:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
I~
Commissioner Spehar
ORDINANCE NO.
- 2004
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ADDING SEC. 13.5-5 (p), MONROE
COUNTY CODE, IN ORDER TO ESTABLISH A DOG PARK AT HIGGS
BEACH COUNTY PARK OF KEY WEST; 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, the Board Of County Commissioners Of Monroe County, Florida, haye received a
request to establish a dog park at Higgs Beach, in the City of Key West, Monroe County, Florida; and
WHEREAS, Key West is well known as a dog friendly town; and
WHEREAS, it is not uncommon for dogs to go to work with their owners in Key West; and
WHEREAS, many Key West open air dining and drinking establishments welcome dogs with their
owners and even provide water for their canine yisitors; and
WHEREAS, restrained dogs are allowed in some of the local parks frequented by toddlers and
the elderly who are susceptible to injury from unrestrained dogs; and
WHEREAS, a dog park would provide the following benefits: a specific safe place for dogs to
play, preventing dog infringement and waste in other areas, owners monitoring pet waste clean-up,
requirement of proof of vaccinations and licenses to enhance compliance with County Codes, and
users of the park may deter crime in neighboring areas; now therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1.
following:
Sec. 13.5-5, Monroe County Code is hereby amended by the addition of the
(p) A dog park may be established at Higgs Beach, Monroe County, Florida, located as
set forth in attachment A, provided that said park shall meet the following minimum
requirements:
(i) There shall be a fence four to six feet high with a minimum access of a
double entry gate and one maintenance gate.
(ii) There shall be an area partitioned off for use by small dogs (under 25
pounds).
(iii) There shall be a waste disposal station with plastic bags and a covered
garbage can by each entry gate.
(iv) Lighting and water utilities shall be provided.
(v) There shall be signage with rules for park use. Such rules shall include, but
not be limited to:
(A) Owners must clean up after pets and properly dispose of
waste.
(B) Pets exhibiting aggressive behavior or creating a nuisance
must be immediately removed from the park.
.
(C) Children under age 6 are not allowed. Children under 16
must be accompanied by an adult.
(D) All dogs must have current rabies yaccinations and County
licenses and be wearing their tags while in the park.
(E) Dogs in heat, ill and having excessive fleas, ticks, or other
internal or external parasites are not allowed.
(F) All dogs must be accompanied at all times by an adult human
owner or handler.
(G) There shall be no more than three dogs per owner or handler
per visit.
(H) Puppies under 4 months are not allowed.
(I) If a dog digs, the dog must be stopped immediately and the
owner/handler must fill the hole.
(J) Park gates may not be left open at any time.
(K) No rollerblades, skateboards, or bicycles are allowed in the
dog park.
(L) The hours shall be from 6 am to 11 pm daily.
(M) The County Commission may establish additional rules
governing the dog park by further ordinance.
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 , 2004.
Mayor Murray Nelson
Mayor Pro Tem David Rice
Commissioner Charles McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
jordParkHiggsDogs
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Your Upper Keys Connection
Ad#4991100 Higgs
Dog Park .
NOTICE OF INTENTION
TO CONSIDER
ADOPTION OF
COUNTY ORDINANCE
.
THE REPORTER
P.O. Box 1197. Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-0199
PROOF OF PUBLICATION
NOTICE IS HEREBY
GIVEN TO WHOM IT
MAY CONCERN that on
Wednesday, April21,
2004, at 3:00 PM atthe
Harvey Government
Center- Truman School,
1200 Truman Avenue,
Key West, Monroe Coun-
ty, Florida, the Board of
County Commissioners
of Monroe County, Flori-
da, intends to consider
the adoption of the follow-
ing County ordinance:
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority
personally appeared JACKL YN R.
HARDER who on oath, says that she is
ASSOCIATE PUBLISHER/EDITOR of THE
REPORTER, a weekly newspaper entitled
to publish legal advertising published at
Tavernier, Monroe County, Florida: that
the attached copy of advertisement, being
LEGAL NOTICE in said newspaper in the
issue of:
March 26th and April 2nd 2004
Affiant further says that THE REPORTER
is a newspaper published at Tavernier, in
said Monroe County, Florida, and that the
said newspaper has heretofore been
continuously published in the said
Monroe County, Florida, each week (on
Thursday), and has been entered as
second class mail matter at the Post
Office in Tavernier, in said County of
Monroe, Florida, for a period of one year
next preceding the first publication of the
attached copy of advertisement; and
affiant further says that she has neither
paid nor promised any firm, person, or
corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for
publication in the said newspaper and that
The Reporter is in full compliance with
Chapter 50 of the Florida State Statutes on
Legal and Official Advertiseme ts.
f1
AN 0RIJIIfIANCE'OF
'DIE IKWID OIfCOUll-
TYCO-lIl1f.Jor_:
tl(ll:lla".w~l
F~AODING
SEC. 13.M (P1MON-
ROECOUNTre'ODE,
IN ORDER TO ESTAB..
~. LISHADOG PARK AT
Higgs Beach COUNTY
PARK of Key West;
PROVIDING FOR SEV-
ERABILITY; PROVID-
ING FOR THE REPEAL
OF ALL ORDINANCES
INCONSISTENT HERE-
WITH; PROVIDING FOR
INCORPORATION
INTO THE MONROE
COUNTY CODE OF OR-
DINANCES; AND PRO-
VIDING AN EFFECTIVE
DATE.
, Pursuant to Section
286.0105, Florida
Stat!-ltes; notice is given
that If a person decided to
appeal any decision
made by the Board with
respect to any matter
considered at such hear-
ings or meetings, he will
need a recordofthe pro-
ceedings, and that, folX
such purpose , he ma~ ~
need to ensure that a -._;;t:'
batim record ofthe pr<;>gp 'Z
,ceedings is made, whilMlr: ...-
record includes the tes~. r-
m~ny and evidence uP<2S??
,WhiCh the appeal is to bE?' c
based. -tnr
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Copies of the above-ref-"", c>
erenced ordinance are r- fTI
available for. review at th~
various pUblic libraries in
Monroe County, Florida. .
Dated at Key West Flori-
. da, this 19th day of'
March,2004.
DANNY L. KOLHAGE
Clerk ofthe Circuit Co~rt
and ex officio Clerk of the
Board of County Com-
missioners of Monroe
County, Florida
Notary
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i_FRAN WHALeY-EASTWOOO !
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(SEAL)
Publish: 03/26/04 &
04102/04
The Reporter
Tavernier, FL 33070
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FLORIPA HI rs
KEYNOTER
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE'
Before the undersigned authority person-
ally appeared WAYNE MARKHAM who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in Monroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the issues
of: d e(s) of publication)
g
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year Jlext preceding the first
publication of 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 for the
purpose of securing this advertisement for
publication in the said newspaper(s) and
that The Florida Kevs Keynoter is in full
compliance with Chapter 50 of the Florida
State Statutes on Legal and Official
Advertisements.
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No. 6017600
Nonca OF INTENTION TO
~1It AOOP1'1ON OF
CGUNTYOItDINANCE
I NOTICE IS HEREBY GIVEN TO
I WHOM IT MAY CONCERNlhet
, on~.AprlI21,2004,
I :n=t~~~H~~
'-~. 1200 Truman A"."ue,
I Key Wtiet, Monroe County,
Florida. the Boerd of
. CommIselonera of Man
County, Florlda, Intends to con
iiidei' the adoption of the follow
Ing County ordinance:
AN OIlDINANCE OF THE
BOARD OF COUNTY COM-
.....ONEII. OF MONROE
COUIITY. I'LOIIIDA,
~ '8uJIy"'~~'
IN 0IIH11 TO E.TA8LI.H
DOG PAliK AT .....
HACH cowny. PA1IK OF
= .w.-.a~. PlIO
VIDlNlI FOil THE
OF ALL OIID1NANCE.
==='NII~
RA110II . INTO THI
RDeCOUNTY CODE OF 011
DINANCtISJ AND PROVID-
ING AN EI"ECTIVE DATE.
Purluant to Section 286.0105,
Floride Stetutel, notice I. glven
theJ.:'; ':.'c'l':.n~ : :;
C;; with respect to lIIlY mat
tef conlidered at 8Udl heerlngl
~r~ln~ ~o~~~, "~d
~ f...... ~..'"... pU~I.,,~..1IIay
IIMd to enlure thlt V8fbetim
rscord of thl P In II
msde, which rlCord I
th8 tllatimony 8I1d I
upon whlc:h th811p~ is
to beb_d.
COI>iH of .thl 8bo~ced
ordlnenCl 111"1 svlltNlbls for re-
vltlw It thl v8rlou8 public llbrlll"-
Itll in Monroe County, Florldl.
Datld It KIY WIlt, Florlde. this
1 9th dey.af Mlrch. 2004.
D~Yl.KOLHAGE,C~~Of
thl CIrcuit Court emd'IX offielo
C/II'k of thlll,owd of COUll
Commlllionen ofMonrOl
County, Aor
Publl.h M..ch 27, Apr1I3, 2004
Floride K"YI Keynotlr
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The Florida Kays Only Dally N__per, Est. 1876
Cooke Communications, LLC
Florida Keys
Mary Beth Canitano
Advertising Coordinator
PO Box 1800
Key West FI 33041
Office...... ... .305-292-7777
Extension...... ... ........x219
Fax......... ....305-294-0768
mcanitano@keysnews.com
INTERNET PUBLISHING
keywesl.com
keysnews.com
floridakeys.com
key-wesl.com
Web Design Services
NEWSPAPERS
The Cnizen
Southernmost Flyer
Solares Hill
Big Pine Free Press
Marathon Free Press
Islamorada Free Press
Key largo Free Press
Ocean Reef Press
Seaport log
MAGAZINE
The Menu
Home Guide
Cnizen local's Guide
Paradise
Keys TV Channel Guide
MARKETING SERVICES
Commercial Printing
Cnizen locals Card
Direct Mail
FLORIDA KEYS OFFICES
Printing I Main Facility
3420 Northside Drive
Key West, Fl
33040-1800
Tel 305-292-7777
Fax 305-2~768
citizen@keywest.com
Internet Division
1201 Wlfte Street (Suite 103)
Key West, Fl
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywesl.com
Middle Keys Office
6363 Overseas Hwy
Marathon, Fl (MM 52.5)
33050-3342
Tel 305-743-8766
Fax 305-743-9977
navigator@lloridakeys.com
Upper Keys Office
81549 Old Hwy
PO Box 469
Islamorada. Fl (MM81.5)
33036-0469
Tel 305.Q64-2266
Fax 305.Q64-8411
freepress@fIoridakeys.com
Ocean Reef Office
3A Barracuda lane
Key largo, Fl 33037
Tel 305-3674911
Fax 305-367-2191
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who
on oath says that he is Vice-President of Advertising Operations of the Key
West Citizen, a daily newspaper published in Key West, in Monroe County,
Florida; th e ttached py of advertiseme t, being a legal notice in the
matter of' -
In the
issues of
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
and has been entered as second-class mail matter at the post office in Key West,
in said Monroe County, Florida, for a period of I year next preceding the first
publication of the attached copy of advertisement; and affiant further says that
he has neither paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this advertisement for
publication in the said newspaper. #t~.l, 0 ~ ::]
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Sworn and subscribed before me tbisIll day o~~ ~ :~004
Expires: January 15,2007
Notary Seal
"'~~~~';::;"" MARY BETH CANITANO
i/",o: ~"" . " >\Nolary Public - Slate of Florida
~:,', ~ .. ;JMyCcmm~ExJ:i"esJa115.2007
o"~'. :" >..::..- CommiSSion # DD178046
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Personally Known x Produced Identification
Type of Identification Produced
WJ iN1'8ITIOk"""To C0N-
SIDER
ADOPTION OF COUNTY ORDI.
twICE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAYCOI\jCERN that on
Wednesday, April 21, 2004, at 3:00
PM at the Harvey Government Cen-
ter - Truman School, 1200 Truman
Avenue, Key West, Monroe County,
Florida; the Board of County Com"
missioners of Monroe County, Flori-
da, intends to !X)nsider the adoption
of the following County ordinance:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA,
ADDING SEC. 13.5-5 (p), MONROE
COUNTY CODE, IN ORDER TQ ES-
TABLISH A DOG PARK AT HIGGS
BEACH COUNTY PARK OF KEY
WEST; PROYIDING FOR SEYERA-
BILlTY; PROYIDING FOR THE RE-
PEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWiTH; PRO-
VIDING FOR INCORPORATION IN-
TO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROYID-
ING AN EFFECTIYE DATE.
Pursuant to Section 286.0105, Flori-
da Statutes, notice is given that if a
person decided to appeal any deci-
sion made by the Board with respect
to any matter considered at such
hearings or meetings, he will need a
~ecord 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.
Copies of the above-referenced ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida.
Dated at Key West, Florida, this 19th
day of March, 2004.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex officio Clerk of
the Board of County Commissioners
of Monroe County, Florida
March 28 & April 4, 2004