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Item T3 BOARD OF COUNTY COMMISSIONERS Agenda Item Summary Meeting Date July 14, 2004 Division County Attorney AGENDA ITEM WORDING Public hearing of an ordinance establishing a dog park at Higgs Beach County Park of Key West. ITEM BACKGROUND PREVIOUS RELEVANT BOCC ACTION Approval to advertise for one public hearing at the April 21, 2004 meeting. At that meeting this item was tabled. It was re-advertised for public hearing at the July 14, 2004 meeting. CONTRACT/AGREEMENTCHANGES STAFF RECOMMENDAnONS Approval. TOTAL COST BUDGETED Yes No COST TO COUNTY SOURCE OF FUNDS APPROVED BY: County Attorney _ OMB/Purchasing! DIVISION DIRECTOR APPROVAL: DOCUMENTAnON: Included! To Follow ! Not Required! AGENDA ITEM # \.3 EXHIBIT A . . . v CEED ~ 0 CEBJI ~, CEBJ~ -1 o~ jQ ~ (/) 0 ~OJ J>m 0 ~)> .. () Q ,; :r: i'j go n !po ~ ,- 0 l 10 ~G) Q lJ I n OJ 0 ~ )> 61 .. ::u OJ " t A j;; ~ .. 2' C> I ~ .. n 0 ~ WI1AL TON STIlEET ....m C>:lI :J:>' iA!!j ~~ ~~ m 0 ~~ ': m .." TJf'U: MONROE COUNTY PUBUO WORKS. -.. AC ._ _ell _ nM Engineering Department -", ..'" llIfr un .. IIOlIlUII COIIMFJI n.DIIlJLI 1tOO~~ :' -.. 00'" .. ..Eo AS_ $HUf' f'/J'U: K.y _ ......- lIG040 - ."", PIIIU'tJB~. !l/'fT PUll 305-202-4426 O102.CMCMG -~.>~~...~..."-- ","~'---"----~"--"--- 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, have 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 visitors; 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. Sec. 13.5-5, Monroe County Code is hereby amended by the addition of the following: (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 vaccinations 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 o~ner 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 Tern David Rice - Commissioner Charles McCoy - Commissioner George Neugent - Commissioner Dixie Spehar - (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson jordParkHiggsDogs uu/,.,...."vu.. v~....u rl"LA .,u..,,..auu,-u.a.. ...............~.... - . Connie Christian 5 Driftwood Terrace Key West, FL 33040 Telephone (305) 923-7562 Facsimile (305) 292-5522 , " June 30, 2004 Dent Pierce Director, Monroe County Public Works 1100 Simonton Street, Room 2-231 Key West, FL 33040 VIA FACSIMILE #305-292-4558 RE: July 14111 Monroe County BOCC Agenda Item I would like to request an agenda item be added to the July14. 2004 Monroe County Board of County Commissioners' meeting to be held in Key West. I would like to request Board approval for the addition of fencing. a water source, and posted rules of use to open spaces at Higgs Beach County Park on the open spaces lying southerly and easterly of the fence SWTOuoding 1he FAA tower parcel, as was designated as an off-leash pet area by County Ordinance 30..2001. Please be advised that sufficient funds have been raised through private donations from the community to :fund this project. Following is a diagram showing the proposed fencing for further clarification. Should you have any questions or require additional information, please do not hesitate to contact me. Sincerely. ~{fW Connie Christian \J\ ~o C83Jj ~~ P:11 <1 C/) "f:- a (It ~~ a :'0 I j:t: , 10 .0 qg I 10 i I 0 i I I s .. - I ...... STlIEn >: -.. ...... """'..""" COUN'rY -..c ___ -- . - -:n=- ~._!'-~ .. -....- --- -- -- ---.... ..! --- -.- - /l-UJ tJ /..h Jhr, ~J <<jJ (/)'1 ~/. J, / ,- ~ ~ ~ f.e ot~ z: (JtJC---C~ ~6' ~/ vr.>- l 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 ENCLOSE A '" 1iT~ GREENSPACE FOR DOGS 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. l ~1" WHEREAS, on April 18, 2001, May 16, 2001, and August 15, 2002, the Board of coun~ \>>,,'" Commissioners of Monroe County, Florida, adopted Ordinances No. 19-2001, No. 21-2001, iJ and No. 30-2001, respectively, authorizing pets in specified open spaces at Higgs Beach /' County Park subject to certain conditions; and WHEREAS, the Board Of County Commissioners Of Monroe County, Florida, have 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 visitors; 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, ;:] BOg park enclosure of one of the areas previously designated as permitting pets ,/ 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. Sec. 13.5-5, Monroe County Code is hereby amended by the addition of the following: (p) A Efag park An open greenspace may be csta13lishcEf enclosed at Higgs Beach County v/ Park, Monroe County, Florida, located as set forth in attachment A, provided that said 1*tF* enclosed greenspace 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. .- f,S Such / (v) There shall be signage with rules for 1*tfIt enclosed greenspace use. 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 vaccinations and County ./ licenses and be wearing their tags while in the 1*tfIt enclosed greenspace. (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. enclosed greenspace. (L) The hours shall be from 6 am to 11 pm daily. (M) The County Commission may establish additional rules governing the dog park use of the enclosed greenspace by further v' 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) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson JordParkHiggsDogs2 fLORIPA KI: rs KEYNOTER Published Twice Weekly No. 7391500 NOTICE OF INTENnON TO Marathon, Monroe County, Florida COItlllDlR ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO PROOF OF PUBLICATION WHOM IT MAY CONCERN that on Wedna8dlly, July 14, 2004. ::n~~tM c:,:,- H~~ru':.:'~ School, 1 200 Truman Avenue, Key W8St, MonrOll County, STATE OF FLORIDA Floi'idll. the Boerd of County Commissionera of MonrOll COUNTY OF MONROE coun~Floridll, intends to con- sider lIdoption of the foUow- ing County ordinance: AN ORDINANCE OF THE Before the undersigned authority person- BOARD OF COUNTY COM- MISSIONERS OF MONROE COUNTY, FLORIDA, ally appeared WAYNE MARKHAM who on ~~ s.!~.101f~: oath, says that he is PUBLISHER of the IN OIIDER TO HTAllLISH A DOG PARK AT HIGGS FLORIDA KEYS KEYNOTER, a twice BEACH COUNTY JlARK OF KEY. vn~VtDlNG weekly newspaper published in Marathon, =.,:.e~OIITHII ~L in Monroe County, Florida: that the OF ALL . ORDINANCES IN- CONeIBTINT, HUlEWITH; attached of advertisement PIlOvm.MI FOR INCORPO- copy was RATIOII ...0 THE MON- Roe COUIn'Y CODIl OF OR- published in said newspaper in the issues =:CA=-~~~D- of: (date(s) of publication) Pursuent to Ssction 286.0105. r;LM'~". ~c/ Floride StlIMas, notice is given that if e ptf80n decided to ap- = any decision mllde by the d with re.apect to any mat- ter considered at such heerings ~~:r"Z:i~~ ~.:~,:,d, \~d that, for such purpose, 'f:; may nlllld to ensure that a verbatim record of the PrQ~ is Affiant further says that the said FLORIDA made, wIlIch.1'lIC9rd i udes the tee~ and .evldence upOn which the appeal is to KEYS KEYNOTER is a newspaper published be baS8d. at Marathon, in said Monroe County, ;~JI~':n~ ~ a=~~ Florida, and that the said newspaper has viaw at the various publiC librar- ies In Monroe County, Florida. heretofore been continuously published in Dated at Key Wast, Florida, this said Monroe County, Florida, twice each 18th day of June, 2004, DANNY L. KOLHAGE, Clark of week (on Wednesday and Saturday) and tha Circuit Courtllnd ex officio Clerk of the Board of County has been entered as a second class mail Commissioners of Monroe matter at the post office in Marathon, in County, Florid. Publish J.un8 26, July 3, 2004 Monroe County, Florida, for a period of Floride Keys Keynote, 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 0 C .z:- r- % 'l:";> c.. ,..,., person, firm, or corporation any discount, ::c n :'- c: 0 0-. r- rebate, commission or refund for the ""';:;. - ." purpose of securing this advertisement for 0"_.. (.,) (:) c~~ :::0 publication in the said newspaper(s) and c:::...~ :::0 z. '-, -0 that The Florida Keys Keynoter is in full ....(") r- :J: rrt ~-I:r ~ compliance with Chapter 50 of the Florida . . ):> - ." C'> .. 0 State Statutes on Legal and Official r- ,." - ::0 . '::i Advertisements. &- Inll fLORIPA KJ: rJ KEYNOTER Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION I ,,;;;;;;.; -- I ~~m:===~ I COUMY......... STATE OF FLORIDA NOTICE IS HEREfJV GIVeN TO COUNTY OF MONROE w~~ CONCEFlN that Gn3:M' ,J~2004, at. ~. 6ov- emm.nt '" .. - ruman School, 1200 Truman A_UtI Before the undersigned authority person- Key Weat, M9nroe County; =:-r.~IJWd, llf County 1ft . .llf.. '. Monroe ally appeared WAYNE MARKHAM who on ~AIilmlli, 1IltIIfld8't(J con- alder edoptlon -tfle'ftJllow- oath, says that he is PUBLISHER of the Ing COIJnty ordinance: . FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe Cou nty, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) ~b ~, 97 g, /4')( 011- ..8 ;~ 1:1. . ~1iJ l~~.Ql05. ~t e~~..r-' Affiant further says that the said FLORIDA ; G--V!llId~."" by ~ I oerd IWth ~to~ met- KEYS KEYNOTER is a newspaper published tar.. ~.. .!It IUOIb 1I8erihll8 or meetl~ hit WIll need e I'll- ~t. ~ and at Marathon, in said Monroe County, th8t, .' ';~!l~ 'mey = t.'I: .lI8l'batlm Florida, and that the said newspaper has ~ WIiloh"~ heretofore been continuously published in .~.~~. "'ce said Monroe County, Florida, twice each =.,"~" to be ro..:> ~ % c::) ...." week (on Wednesday and Saturday) and 0 c::) 0 0&- r has been entered as a second class mail z ,." c... fT1 :0("" -.'" c: 0 matter at the post office in Marathon, in f~.'~~.. or' r- ., "'" M1;.:';. - " Monroe County, Florida, for a period of ~ ("'). en C) O:::~. ::0 one year ,next preceding the first .' '. ;,'.. ,.' .. J'" . 0 c::: x ; " "iClt=' z. ;::: " ::0 publication of the attached copy of _("')r' .'. . ..... ,~de ~~- :E ,." advertisement. The affiant further says PIlbll~28 .3 2Q04 . . ;;: ;S; ~ Florida K..... 'K-vn. . .., C"> C> that he has neither paid nor promised any r- ,.., Po.) :::0 person, firm, or corporation any discount, ~ or r:::i rebate, commission or refu nd for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Keys Keynoter is in full comoliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. -- FLORI....A KITS KEYNOTER Published Twice Weekly Marathon, Monroe County, Florida No. 98' 2600 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: (date(s) of publication) ~~t/ 7bf 4~Mr/ 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 cOJlIeI of the ced. said Monroe County, Florida, twice each or lnence .... evell8ble or re- view etthe.~ Ilbrllf- week (on Wednesday and Saturday) and 'e.ln Mcinroli COuntY. Ide. Datedet Key Weet. ~e.~1 has been entered as a second class mail '8tluMV of June, 2004.. ,", matter at the post office in Marathon, in D"'YL~"~"''' the ClroUlt CQUrtand . Qfflclol Monroe County, Florida, for a period of Clerkof1l1e.&-dd OUI\~ Com~..ot onroe one year next preceding the first County, Floride r-.,) PubllshJune2e,-Jutv3.~oo.' I ~-~,. publication of :r;: c:::> the attached copy of c:::> u_ Florlde Kev. Keynoter I 0 C .z:- advertisement. The affiant further says ~ ..' - ):JIo fTl :::I:J- c:: 0 that he has neither paid nor promised any c,' G") fl' "I person, firm, or corporation any discount, ,,;" N ., :::- c- o 0 rebate, commission or refu nd for the c.'~~- :::u -..- . -.... ..... purpose of securing this advertisement for .n:- . ,,-_, >>- :::u -inf'" -<;-i:I:. :x 1" publication in the said newspaper(s) and . :t>- '..... that The Florida Keys Keynoter is in full ." C') W ',::l r- fT1 N ;0 compliance with Chapter 50 of the Florida ~ \D r- ...,J State Statutes on Leaal and Official Advertisements.