Item Q3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 18, 2012 Division: County Attorney
Bulk Item: Yes No XX Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING: Public hearing to adopt an amendment to ordinance 18-26 amending
Section 18-26 of the Monroe County Code to establish a children's park area on Higg's beach and to
provide for regulation of the children's park area,
ITEM BACKGROUND: The County's public works department renovated the pavilion area of
Higgs beach which consisted of the construction and installation of new playground equipment, the
construction and installation of perimeter fencing and the installation of a gate. In order to provide
children with a safe and secure environment in which to play the County believes it to be in the best
interest of a child's safety and welfare to limit access to the children's area to the child's parent,
guardian or responsible adult.
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.
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
t
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 stAleugh 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 pu_pr oses 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 nark
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.
(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, 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 regulation NO person over the age of 14 other than a
parent guardianor other responsible person is allowed in the designated
children's park area(s) unless accompanied by a child 14 years of age or
younger.
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 Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
un
Deputy Clerk
COUNTY
✓ED AS.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
I:
Mayor/Chairperson
ASSISTANT ' NTY ATTORNEY
7/