Ordinance 040-1996
Public Works
ORDINANCE NO. 040
-1996
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, ESTABLISHING CERTAIN RULES
OF CONDUCT AND OPERATIONAL PROCEDURE
BY PROVIDING FOR
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RESTRICTIONS ON ALCOHOLIC BEVERAGES; ~;:.
POSTING OF SIGNS REGARDING DRUG ~:=~
POSSESSION AND EXCHANGE; HOURS OF .~-<
OPERATION; PROCEDURES FOR USE FOB-: .:'
SPECIAL EVENTS; ASSEMBLIES AND OTHE(:::
RECREATIONAL ACTIVITIES.
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PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE
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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
by volume.
beverages containing one half of one percent or more alcohol
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
distilled water.
the remainder as though the remainder ingredients were
b.) Bernstein Park or the Park means the area described
as follows:
Lots 1, 2, 3, 4 and 5, Block 57, George L.
McDonalds Plat of Part of Stock Island, less
-___".".,... ">__~'_'O<~_'_~'_".___,_,,~.;,.~.
the Westerly eight feet (8') of Lot 1 and less
the Easterly thirty feet (30') of Lot 5,
according to the plat thereof as recorded in
Plat Book 1, Page 55, of the Public Records of
Monroe County, Florida. Also, a parcel of submerged
land lying South of said Block 57, less that
portion sold to Stock Island Utility Company by
Warranty Deed recorded in Official Records Book 866,
Pages 2446-2450, of the Public Records of Monroe
County, Florida, TWP .67/68 RNG. 25 SEC. 35, 36 & 2
RE# 12385 OR 380-381-382
Section 2.
Restrictions on alcoholic beverages.
a. ) No person may possess any container containing
alcoholic beverages at Bernstein 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 penal ties under Section 893.13 (1) (d) ,
Florida Statutes, for persons selling, manufacturing or
delivering,
or
possessing with
the
intent
to
sell,
manufacture or deliver, a controlled substance wi thin 200
feet of Bernstein 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.) Bernstein
Park and the restrooms are 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
Bernstein Park
a public assembly that is subject to
Ordinance No. 030
-1996 must obtain approval under the
provision of that ordinance.
b. ) Any person or organization who holds or conducts
any special event, 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 acti vi ty 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.
Section 6. Ballfield and playground lights.
a.) Ballfield lights may only be used Monday through
Saturday from ten minutes before sunset until 10:30 PM.
Only Public Works employees may operate the lights.
b.) The use of the ballfield lights must be approved
by the Coordinator in advance. Requests for the use of the
ballfield lights must be in writing, submitted to the
Coordinator seven (7) days before the intended dates,
in the form prescribed by the Director of Facilities
Maintenance. Requests to use the ballfield lights on a
Sunday may only be granted by the Director of Facilities
Maintenance. Applications for Sunday use must be submitted
to the Coordinator at least seven (7) days in advance.
The Coordinator must then present the request to the
Director of Facilities Maintenance for his or her
consideration.
c.) Playground lights may only 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
ordinances in conflict herewith are
extent of such conflict.
Section 12. The clerk of the Board is hereby directed
to forward a copy of this Ordinance to the Municipal Code
Corporation for incorporation into the Monroe County Code
of Ordinances.
or parts of
hereby repealed to the
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 Tern London
Commissioner Harvey
Commissioner Douglass
Commissioner Reich
yes
absent
yes
yes
yes
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~cJ~~C.~
Deputy Cl k
BycJ'J:::!~:f~
11lannp I. itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATIiON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNlY
SOO WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
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:
Enclosed please find certified copies of Ol'dinance Nos. 035 through 043-1996,
which are self-explanatol'Y.
These Ordinances were adopted by the Monroe County ~oard of County
Commissioners at a Reguhu' Meeting in fOI'mal session on July 117, 1996. Please file for
record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissionel"S
By':" Isabel C. OeSantis
!l~ c. [jtJ1~
Deputy Clerk
cc: Municipal Code Corporation Supervisor of Elections, 035-1996
County Commissioners Public Works Director, 039 through 043-1996
County Administrator Property Appraiser, 03r-1996
County Attorney AI1s Council, 038-1996
Growth Mgmnt. Dir., 036 & 037-1996
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Thank you for your assistance and codperation.
O'1i"ance Nos. 035-1996, 035-1996, 037-193fi!
~3S-!996: 039-t996, 040-199;! 04t-19~f!
1\42-19% ~nd 0431996.
In;
M~. Ruth A, Jantzen
DE'plitv Clerk
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