Item N5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2012 Division: County Attorney
Bulk Item: Yes XX No Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING: Approval to advertise a public hearing for an ordinance amending
Section 18-26 of the Monroe County Code establishing the Higgs Beach Children's park and requiring
adults to be accompanied by a minor child in order to enter and remain at the Children's park.
ITEM BACKGROUND: The County has recently completed a project at Higgs beach in order to
provide children a safe and secure environment in which to play. The project consisted of the
construction and installation of new playground equipment, the construction and installation of
perimeter fencing and the installation of a gate. In the best interest of child safety and in order to
ensure as safe and secure an environment as possible for children, the amendment to Ordinance 18-26
requires that any adult in the children's park be accompanied by a minor child.
PREVIOUS RELEVANT BOCC ACTION: Approved the advertisement of the previous
amendments to Section 18-26 at its regular meeting in June 1991, July 1995, Jan 1997, Oct. 1998,
Nov. 1998, Jan 2000, April 2001, April 2002 and Oct. 2002.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS:
Approval to advertise.
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes No
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year
APPROVED BY: County Att OMB/Purchasing _ Risk Management
DOCUMENTATION: Included _ Not Required
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. -2012
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY AMENDING
SECTION 18-26 OF THE MONROE COUNTY CODE;
ESTABLISHING A CHILDREN'S PARK AREA;
ESTABLISHING REGULATION OF THE CHILDREN'S
PARK AREA; 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 Monroe County Board of County Commissioners desires to set
aside as safe an area as possible where minor children can play; and
WHEREAS, restricting access to the children's park is in the best interest of the
safety and welfare of said minor children; and
WHEREAS, the Monroe County Board of County Commissioners finds that it is
in the best interest of said minor children to limit park entry to the child's parent, family
or guardian;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY'
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
[Proposed Text Changes are presented in stril eugh to indicate deletions and
underline to indicate additions.]
SECTION 1. Sec. 18-26 is hereby amended to read as follows:
Sec.18-26. - Higgs Beach County Park.
(a) 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:
Alcoholic beverage means any beverage containing more than one percent
ethyl alcohol by volume.
Children's Dark means the portion of Higgs Beach County Park that the
director of the county division of public works has for purposes of public safety
and welfare, caused to be enclosed by fencing of any type including but not
limited to, chainlink fencing and post -and -rail fencing and has posted with signs
identifying the enclosed area as a children's park
Fenced, gated and posted area means the portion of Higgs Beach County
Park that the director of the county division of public works has, for purposes of
public safety and welfare, caused to be enclosed by fencing of any type,
including, but not limited to, chainlink fencing and post -and -rail fencing, and has
posted with signs regarding special hours and parking prohibitions.
Higgs Beach County Park means the area in the City of Key West,
Florida, beginning at the intersection of the actual low-water line of the Atlantic
Ocean and the westerly edge of White Street; thence north along the westerly
edge of White Street to its intersection with the southern edge of Casa Marina
Court; thence westerly along the southern edge of Casa Marina Court until its
intersection with the eastern edge of Reynolds Street; thence southerly along the
eastern edge of Reynolds Street until its termination; thence in a straight line from
such termination to the actual low-water line of the Atlantic Ocean; thence
easterly along such low-water line to the point of beginning, including, however,
any piers, docks, jetties, boat ramps, or similar structures extending waterward of
such actual low-water line.
Minor means a child 14 years of age and under.
(b) Prohibition on alcoholic beverages.
(1) No person may possess any container containing any alcoholic
beverage while at Higgs Beach County Park except for on -premise
sale and consumption within the enclosed restaurant and restaurant
patio area. The restaurant exception only applies if:
a. The county/restaurant lessee contract allows for the on -
premise consumption and sale of alcoholic beverages; and
b. The restaurant lessee has whatever approvals and permits
are needed from the state and the City of Key West for the
on -premise sale and consumption of alcoholic beverages.
(2) The board of county commissioners may also waive the
prohibition of this subsection (b)(1) on a per event basis upon a
resolution of the board. However, any such waiver may only be
granted to a nonprofit organization, must require the presence of
security guards in the number the board determines necessary to
preserve public order, and must require liability insurance naming
the county as an additional named insured in a form and amount
satisfactory to the county administrator.
Nothing in this subsection may be construed as waiving or exempting any
nonprofit organization from whatever permits or approval may be required by the
City of Key West or the state.
(c) Restrooms to be closed during certain hours. Restroom facilities at Higgs
Beach County Park shall be closed from 11:00 p.m. to 7:00 a.m. and no
person shall enter or use such facility for any purpose during those hours.
(d) Fires permitted only in designated areas. No person shall cook or light or
maintain any cooking fire, campfire, or other fire at Higgs Beach County
Park except in county -provided permanently installed grill structures or
personal barbecue grills in designated areas.
(e) Park to be closed during certain hours. Higgs Beach County Park shall be
closed during the hours of 11:00 p.m. to 6:00 a.m., except that the fenced,
gated, and posted area of Higgs Beach County Park shall be closed from
sunset to 6:00 a.m. No person, other than a member of the Higgs Beach
Neighborhood Watch or Monroe County employee, or individual
authorized by the County Administrator or the director of public works,
shall enter or remain at the county park or the fenced, gated, and posted
area during the hours they are closed. This section shall have no
application to persons traveling upon Atlantic Blvd. between White Street
and Reynolds Street. The "Higgs Beach Neighborhood Watch" referenced
in this section is a not -for -profit community association whose
membership is composed of residents of the area bounded on the east by
Bertha Street, on the north by United Street, and on the west by Simonton
Street, in the City of Key West, who have undertaken to report promptly
to the sheriff any crimes or violations of this article observed by them
while in the park. The sheriff shall maintain a current membership roll of
the Higgs Beach Neighborhood Watch.
(f) Penalties. Violations of this section shall be prosecuted in the same
manner as misdemeanors are prosecuted. Such violations shall be
prosecuted in the name of the state in a court having jurisdiction of
misdemeanors by the prosecuting attorney thereof and upon conviction
shall be punished by a fine not to exceed $500.00 or by imprisonment in
the county jail not to exceed 60 days or by both such fine and
imprisonment.
(g) Recreational vehicle and camper parking restrictions. No person may
park, stand or stop a recreational vehicle or camper within the fenced,
gated, or posted area of Higgs Beach County Park.
(h) Pier regulations. The wood pier at Higgs Beach may be used for activities
related to swimming, sunbathing and recreation that do not endanger the
safety of swimmers, sunbathers and persons engaged in meditation.
Fishing, including, but not limited to, spear fishing, net casting, use of rod
and reel, is prohibited.
(g) Children's Park re ulation. Adults are allowed in designated children's
park area(s) only when accompanied by a minor child Unaccompanied
adults designated in writing by the County Administrator or the director of
public works may enter the children's park area on official Count
business.
SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the validity of
this Ordinance as 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.
SECTION 3. 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 4. 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.
SECTION 5. 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,
Florida, at a regular meeting of said Board held on the — day of 2012.
Mayor David Rice
Mayor Pro Tem Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
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Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:_
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P OV D
ASSISTANT
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Mayor/Chairperson
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