Ordinance 039-1996Public Works
ORDINANCE NO. 039 -1996
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, ESTABLISHING CERTAIN RULES
OF CONDUCT AND OPERATIONAL PROCEDURE
BY PROVIDING FOR
RESTRICTIONS ON ALCOHOLIC BEVERAGES;
POSTING OF SIGNS REGARDING DRUG
POSSESSION AND EXCHANGE; HOURS OF
OPERATION; PROCEDURES FOR USE FOR
SPECIAL EVENTS, ASSEMBLIES AND OTHER
i
RECREATIONAL ACTIVITIES.
PROVIDING FOR SEVERABILITY;
- �y
PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
'--
PROVIDING FOR INCORPORATION INTO THE
N
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MONROE COUNTY CODE OF ORDINANCES;
_
AND PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, THAT:
Section 1. Definitions.
a.) Alcoholic beverages means distilled spirits and all
beverages containing one half of one percent or more alcohol
by volume. The percentage of alcohol by volume is
determined by measuring the volume of the standard ethyl
alcohol in the beverage and comparing it with the volume of
the remainder as though the remainder ingredients were
distilled water.
b.) Bay Point Park or the Park means the area described
as follows:
Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block
2, Bay Point Amended Plat, Bay Point Key
according to the Plat thereof as recorded in
Plat Book 3, Page 75 of the Public Records of
Monroe County, Florida RE Vs 00160060,
00160070, 00160080, 00160090,
00160100-00160130.
Section 2. Restrictions on alcoholic beverages.
a.) No person may possess any container containing
alcoholic beverages at Bay Point Park.
b.) The Board of County Commissioners may waive the
prohibition of this section upon a resolution of the Board. Any
waiver must require the presence of security guards in the number
the Board determines is necessary to preserve public order, and
must require liability insurance, in a policy by a firm
authorized to do business in the State of Florida, naming Monroe
County as an additional named insured in a form and amount
satisfactory to the County Administrator.
Section 3. Posting signs of enhanced penalties under
Section 893.13(1)(d), Florida Statutes.
The Director of Facilities Maintenance shall place signs warning
of enhanced penalties under Section 893.13(1)(d), Florida
Statutes, for persons selling, manufacturing, delivering, or
possessing with the intent to sell, manufacture, or deliver, a
controlled substance within 200 feet of Bay Point Park. Said
signs shall be placed at the Park entrance and at other locations
near the Park's boundaries as the Director of Facilities
Maintenance shall consider likely avenues of exit and entry.
Section 4. Park hours.
a.) Bay Point Park is open to the public, Monday through
Sunday, from 7:30 AM until 10:30 PM. All persons and their
vehicles that enter the Park during the open hours must leave the
Park by 10:30 PM. Any vehicles in the Park between 10:30 PM and
7:30 AM the following morning will be towed away at the vehicle
owner's expense.
Section 5. Special events and assemblies.
a.) Any person or organization who holds or conducts at Bay
Point Park a public assembly that is subject to Ordianace
No. 030 -1996 must obtain approval under the provision of that
ordinance.
b.) Any person or organization who holds or conducts any
special events or assembly not subject to Ordinance No.030 -1996
must obtain approval and scheduling through the Public Works
Parks and Recreation Coordinator (the Coordinator) subject to
already scheduled activities. A complete application, and proof
of insurance (if required) must be submitted to the coordinator
at least seven days prior to the event or assembly.
c.) Athletic activity organizers who wish to use the
recreational playing field on multiple occasions during a sports
season must obtain approval from and schedule their activities
with, the Coordinator before the beginning of the season.
d.) Athletic activity organizers who wish to use the tennis
courts for tournaments, etc., must schedule their activities with
the Coordinator before the beginning of any such event.
Section 6. Tennis court lights.
a.) Tennis court lights may be used Monday through Sunday
from ten minutes before sunset until 10:30 PM.
Section 7. Fires in permitted areas only.
No person may cook or light or maintain any fire at the Park
except in the permanent grill structures provided by the County.
Section 8. Signs.
The Director of Facilities Maintenance must post the Park
entrance with a sign briefly summarizing the Park rules
established by this Ordinance.
Section 9. 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
five hundred dollars ($500.00) or by imprisonment in the county
jail not to exceed sixty (60) days or by both such fine and
imprisonment.
Section 10. If any section, subsection, sentence, clause,
item, change or provision of this ordinance is held invalid, the
remainder of the ordiance shall not be affected by such
invalidity.
Section 11. All ordinances or parts of ordinances in
conflict herewith are hereby repealed to the extent of such
conflict.
Section 12. The Clerk of the Board is hereby directed to
forward a copy of this Ordinance to Municipal Code Corporation
for incorporation into the Monroe County Code of Ordinances.
Section 13. 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 the Board held on
the 17th day of July , 1996.
Mayor Freeman
Mayor Pro Tem London absent
Commissioner Harvey yes
Commissioner Douglass yes
Commissioner Reich yes
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By c
Deputy Cle k
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/air-man
APPROVED AS TO FOR
AN Al SUFFICE .
9Y
ANNI H ON
DATE
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
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;Dannp 1. Rdbage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
July 26, 1996
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Enclosed please find certified copies of Ordinance Nos. 035 through 043-1996,
which are self-explanatory.
These Ordinances were adopted by the Monroe Count board of Count
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Commissioners at a Regular Meeting in formal session on July 17, 1996. Please file for
record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
Isabel C. DeSantis
Deputy Clerk
cc: Municipal Code Corporation Supervisor of Elections, 035-1996
County Commissioners Public Works Director, 039 through 043-1996
County Administrator Property Appraiser, 03 -1996
County Attorney Arts Council, 038-1996
Growth Mgmnt. Dir., 036 & 037-1996
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uo ha.e re ei.ed the fallowing material.
Thank you for your assistance and cooperation.
Ordinance Not, 635--1996, 036-1996, 037-1996.
�'8-1996, 039-1996, 040-199% 041-199P.
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PROOF &PUBLICATION
.T
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
s that he/she is
says _
Before the undersigned authority personally appeared Tom Schumaker who on oath, Y
Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
-------- --- Consider Adoption
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being County Ordinance
IN THE MATTER OF:
Rules of Conduct REF: Parks
in the
Court was published in said newspaper in the issues of
June 29. July 6 1996
no:
NOT ICE OF INTENTION TO :I
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper I CONSIDER ADOPTION OF.:
COUNTY ORDINANCE.
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- F, .NOTICE IS HEREBY GIVEN TO
t at
on Wednesday, WHOM -IT -CONCERNlyy196hat
paper has heretofore been continuously published in said MONROE COUN- 10:00 Ann atthe Holiday , Inn
TY. FLORIDA, twice each week (on Wednesday and Saturday) and has been I' veachside, red, K North , Mah-
velt Boulevard, Key West,_ Mon-
:, roe County, Florida, the Board of
entered as second class mail matter at the post office in MARATHON, in County Commissioners of'Mon-
i- roe County, Florida, intends to
said MONROE COUNTY, FLORIDA, for a period of one year next preceding low n9 comy ordinance:
-- - fol-
the first publication of the attached copy of advertisement; and affiant fur' # AN ORDINANCE OFTHE BOARD
t OF COUNTY COMMISSIONERS
ther saRI-
yo-
P DA, ESTABLISHING CERTAIN
s that he has neither paid nor promised any person, firm, or cor OF'MONROE* COUNTY, FLO I .N_
RULES OF CONDUCT AND DP-
ration any discount, rebate, commission or refund for the purpose of secur- I ERATIONAL PROCEDURE. BY
PROVIDING FOR RESTRICTIONS
ing this advertisement for publication in the said newspaper. (SEAL) E PO {{ PO ALCOHOLIC' BEVERAGES;
STING'OF'SIGNS REGARD-
t! lava nRur; POSSESSION AND
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L9[[550�'oN o»ema
(seal) Sul e-awasRgpapuo9 �+
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NV10N 83J1NNar
SWORN TO AND SUBSCRIBED BEFORE ME THIS 8th
DAY OF
July _ A.D. 19 96
L ;
'ursuant, .to Section `296.0105;
°Iorida Statutes, noticeAs given
:hat if a person decided to'appeaI
any decision made by the Board
,with respect to any -matter con-
sidered at such _hearings or meet=
ngs, he will need a record of the
xoceedmgs,_and that, for such
Durpose, he may need to. ensure
Ihat,a verbatiin record of the•pro-
-eedings is'made, which record
ncludes.the testimony and evi-
dence_ upon which the -appeal is
to be based.
rooies-of -the above -referenced
Monroe County, Florida."
Dated, at,Key West;. Florida, this
21 stday of June, 1996
DANNYLKOLHAGE,
Clerk 'ofthe Circuit Court
and ez officio Clerk of the Board
of County Commissionersof
Monroe County;Florida
Publish June 29, July:6; 1996 ='
Florida Keys Keynoter
KEARVEST
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE;
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is Advertising Manager of the Key West Citizen; a daily newspaper published
at Key West in Monroe County, Florida; that the attached copy of the advertisement, being
a legal notice
in the matter of — /bUiI rley4 ln�-en l un n rd%,nQk1c4E- /
C LA -I-( S. C)-V Co n Lk c
in the in I c" cou , was published in said newspaper in the
issues of _ I ctir� 'ol 3 qq
Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) 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 1 year next preceding the first
publication of the attached copy of advertisement; and affiant further says that he has nei-
ther 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 ne.vs-
paper.
nature of Afflant)
Sworn to and subscribed before me this da
�11
996
(Signature of Notary Public)-
Expires- 3
ct C1y (Name of Notary Public;
Personally Kno�•m aY:P �NANCY E. CEIER
or Produced Identification ;; ';�'� k. MYCOMMISSION #CC3UI24
EXPIRES: March 9. IM
Type of Identification Produced . ,°'' BondedThruNot"PublicUndeneiters
NOTICE OF INTENTION TO CON-
SIDER
ADOPTION OF COUNTY ORDI-
NANCE
NOTICE, 1S HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, July 17, 1996, at 10:00
'AM at the Holiday. Inn Beachside,
3841 North Roosevelt Boulevard; Key
West, Monroe County, Florida, the
Board of County Commissioners of
Monroe County, Florida, intends to
consider -the adoption of the -following
County ordinance:
AN ORDINANCE OF THE BOARD
OF COUNTY, COMMISSIONERS OF'
MONROE COUNTY, FLORIDA, ES-
-TABLISHING-CERTAIN RULES OF
CONDUCT AND OPERATIONAL
PROCEDURE BY PROVIDING FOR
RESTRICTIONS ON ALCOHOLIC
BEVERAGES; POSTING OF SIGNS
REGARDING DRUG POSSESSION
AND EXCHANGE; HOURS OF OP-
ERATION; PROCEDURES FOR -USE
FOR SPECIAL EVENTS; ASSEM-
BLIES AND OTHER RECRE-
ATIONAL ACTIVITIES IN BAYPOINT
PARK, BERNSTEIN PARK; BIG
COPPITT PARK AND WILHELMINA
HARVEY PARK: PROVIDING FOR.
SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PRO-
VIDING FOR INCORPORATION
INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PRO-,
VIDING AN. EFFECTIVE DATE,
Pursuant to Section 286-0105, Florida
Statutes; notice is given that if a per-
son decides to appeal any decision
made by the Board with respect to any
matter considered at the hearing, he
will need a record 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 evi-
dence 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 21st
day of June, 1996.. ,
DANNY L. KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida -
June 23rd & 30th, 1996,
s l i 'V1111l THE uppaA KEY®
DAGPIY VOLFF 000 ovkh EE YEARG
BMW & PubMer BOX 1197 • TAVERNMFt. FLA. 33070
(3051 b62-321$
1:Ax 852-8240
STATEMENT OF PROOF OF PUBLICATION
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared DAGNY WOLFF, who on oath, says that she is
EDITOR and PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal
advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being
a LEGAL ADVERTISEMENT
IN THE MATTER OF NOTICE OF INTENTION
IN THE Court, was published in said newspaper in the issues of 6127 AND 7/4/96.
Affiant further says that the said 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 he has neither paid nor promised any firm, person, or corporation any
discount, rebate, commission or refund for the purpose of securing this said advertisement for publication
in the said newspaper.
i
SEAL
SWORN TO AND SUBSCRIBED BEFORE ME THIS 8TH DAY OF __JULY_ A.D. , 1996__
NOTARY PUBLIC
°Zu r pOBv DAVEE R DOVE
n
MY COMMISSt Ts; mycof, ,0043rfin
i� EXPks0 Feb. 06, Igo
er Bonded by AN9
,Or'`or FLOP��' 800.852-5878
4
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE .
NOTICEIS HEREBYGIVENTG WHOM ITMAYCONCERNthat
on Wednesday, July 17,1996, at 10:00A.M: at the Holiday Inn Beachside,
-3841 North Roosevelt Boulevard, Key West, Monroe County, Florida, the
Board of County Commissioners of Monroe County, Florida, intends to ,
consider the adoption of the following County ordinance:
AN ORDINANCE OF, THE: BOARD. OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, ESTABLISHING CER-
TAIN RULES OF CONDUCT AND OPERATIONAL PROCEDURE BY
PROVIDING FOR RESTRICTIONS ON ALCOHOLIC BEVERAGES.;
POSTING OF SIGNS REGARDING DRUG POSSESSION AND EX-
CHANGE; HOURS OF OPERATION; PROCEDURES FOR USE'FOR"
SPECIAL EVENTS; ASSEMBLIES.AND OTHERRECREATIONAL
ACTIVITIES IN BAYPOINTPARK, BERNSTEIN PARK, BIGCOPPITT
PARK AND WILHELMINA HARVEY PARK; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDI-
NANCES INCONSISTENT HEREWITH; PROVIDING FOR INCOR_
PORATION INTO THE MONROE COUNTY CODE OF ORDINANC-
ES; AND PROVIDING AN EFFECTIVE DATE.. .
Pursuant to Section 286.0105, Florida Statutes; notice is given that if
a person decided to appeal any decision made by the Board with respect to
any matter considered at such hearing or mee_ ling; he will need a record of
the proceedings, and that; for such purpose, he'may need to ensure thata 1
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 ordinance are available for review at .'
the various public libraries in Monroe County; Florida.
DATED at Key Wesi, Florida, this 21st day of June,1996.
DANNYL.KOLHAGE'
-Clerk of the Circuit Court
and ex off cio Clerk of the
Board of County Commissioners
_'of Monroe County, Florida
Published: 6/27 and 7/4/96 .
The Reporter -
-- -- -- - -- - - - - - Tavernier, FL 33070 ` —