Resolution 447-2021 RESOLUTION NO. 447 -2021
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORDA,
SETTING RULES FOR USE OF THE RECREATIONAL
AREA ON BAY HARBOR DRIVE, SUNSET POINT, PB 2,
PAGE 81, KEY LARGO, FLORIDA; RESCINDING RESOLUTION
165-2011 AND ANY OTHER RULES AND REGULATIONS
PERTAINING TO THIS RECREATIONAL AREA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, F.S. 125.01(1)(m) vests the Board of County Commissioners (Board) with
the authority to regulate and control usage of County roads; and
WHEREAS, Bay Harbor Drive is a County road located in Key Largo, as shown on Plat
Book 2, Page 81 and at Plat Book 2,Page 91, a copy of which is attached hereto and incorporated
herein as Composite Exhibit"A"to this Resolution; and
WHEREAS, the end of Bay Harbor Drive has continually been used for recreational
purposes by residents and visitors over the years and has thus been utilized as an unnamed park;
and
WHEREAS,in response to the recreational usage,the Board adopted Resolution 165-2011
on June 15, 2011, establishing rules for the recreation area at the end of Bay Harbor Drive; and
WHEREAS, over the years, however, the Bay Harbor Drive recreation area has been
improperly used by the public and continued to become an extremely congested area,thus creating
issues for the surrounding neighborhoods; and
WHEREAS, the Board and Monroe County staff continued to receive numerous
complaints in recent years concerning the improper usage, inappropriate behavior of beachgoers,
littering,parking issues, and other unacceptable behavior at the Bay Harbor Drive recreation area;
and
WHEREAS,on June 21,2021,the Board adopted Resolution 228-2021 restricting parking
in the surrounding neighborhoods of the Bay Harbor Drive recreation area; and
WHEREAS, the Board on June 21, 2021, adopted Resolution 229-2021, closing the
recreational area of Bay Harbor Drive to all public use by residents and visitors due to the ongoing
issues being created for the surrounding neighborhood and rescinded Resolution 165-2011; and
WHEREAS, the Board at its September 15, 2021, after discussion and a proper motion
unanimously approved, directed staff to re-open the Bay Harbor right of way recreational area on
a limited basis of Tuesday through Thursday, from sunrise to sunset, and to report back at the
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Board's November meeting with an update on the recent use of the area and any accompanying
issues; and
WHEREAS, on September 15, 2021, the Board also voted to reinstate Resolution 165-
2011, which had been rescinded on June 21, 2021, by Resolution 229-2021; and
WHEREAS, this Resolution is necessary to establish new, updated rules and regulations
that shall apply whenever the Bay Harbor Drive recreational area is deemed open;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
SECTION 1. The Board incorporates the above-stated whereas clauses as
legislative findings of the Board.
SECTION 2. This Resolution supersedes and rescinds all prior actions of the
Board as to any rules and regulations established with regard to this Bay Harbor Drive recreational
area, including but not limited to Resolution 165-2011.
SECTION 3. The following rules are established for the recreation area located at
the end of Bay Harbor Drive, Sunset Point,PB 2,Page 81, and PB 2,Page 91,Key Largo, Florida:
1) The recreation area shall be open to the public, on Tuesday through Thursday, from
sunrise until sunset.
2) No person shall consume any alcoholic beverage or possess any container filled
with alcoholic beverages.
3) No glass containers are allowed.
4) No person shall cook or light or maintain any cooking fire, campfire, or other fire,
except in a county-provided permanently installed grill structure.
5) All domestic animals are prohibited, except for animals that assist disabled persons.
6) There shall be no commercial activity of any type permitted.
7) All visitors to the recreational area must properly dispose of any
garbage/waste/debris or other items brought into the area.
8) All swimming shall be at the individual swimmer's own risk.
9) Any patron of the recreation area shall only park in designated parking areas, if any,
and obey all other parking signs in the surrounding area.
10) The Director of Facilities Maintenance shall post signs at the entrance to summarize
the rules established by this Resolution.
SECTION 4. Use of the premises is conditioned upon compliance with these rules.
Violators of these rules shall be prosecuted as trespassers.
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SECTION 5. The Clerk of Courts is directed to provide a copy of this Resolution to the
Monroe County Sheriff.
SECTION 6. This Resolution shall take effect upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida,at a regular meeting of said Board held on the 17th day of November, 2021.
Mayor David Rice Yes
Mayor Pro Tem Craig Cates Yes
Commissioner Michelle Coldiron Yes
��O � Commissioner Eddie Martinez Yes
, �N Commissioner Holly Merrill Raschein Yes
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> BOARD OF COUNTY COMMISSIONERS
`fk`it t ° VIN MADOK, CLERK OF MONROE COUNTY,FLORIDA
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