Ordinance 042-1996
Public Works
ORDINANCE NO. 042
-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 O€ {-.
OPERATION; PROCEDURES FOR USE FOR ~r-:;
SPECIAL EVENTS, ASSEMBLIES AND OTHER ::;~3
RECREATIONAL ACTIVITIES; A '
,.--, ,-.""",
PROVIDING FOR SEVERABILITY;:z: :::-.' - ,.
PROVIDING FOR THE REPEAL OF ALL::: .~.:~=
ORDINANCES INCONSISTENT HEREWITHt~
PROVIDING FOR INCORPORATION INTO THE.
MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE
~ .."
-
I
rrt
~ CJ
"T1
N 0
0\ ;0
:;:u
-0 ,.."
N ("')
(:; 0
::0
U1 c;!
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. ) Wi lhelmina Harvey Park or the Park means the area
described as follows:
Block 2, Lot 4, 5, 6 and 7, Amended Plat of
Coppitt Subdivision, Section 22, Township 67S,
Range 26E as recorded in Plat Book 4, Page 50
of the Public Records of Monroe County,
Florida. Said Amended Plat is a resubdivision
of that subdivision orginally recorded in Plat
Book 3, Page 116.
Section 2.
Restrictions on alcoholic beverages.
a.) No person may possess any container containing
alcoholic beverages at Wilhelmina Harvey 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 wi thin 200 feet of Wilhelmina Harvey 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. ) Wilhelmina Harvey Park is open to the public, Monday
through Sunday, from 7:30 AM until sunset. All persons and their
vehicles that enter the Park during the open hours must leave the
Park by sunset. Any vehicles in the Park between sunset 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
Wilhelmina Harvey Park a public assembly that is
Ordinance No. 030 -1996 must obtain approval
conducts at
subject to
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 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.
Section 6. 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 7. Signs.
The Facilities Maintenance Director must
entrance with a sign briefly
established by this Ordinance.
summarizing
post the
the Park
Park
rules
Section 8.
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
fi ve 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 9. I f 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 10.
conflict herewith are hereby repealed
All
ordinances
or
parts of
to the
ordinances
in
extent
of
such
conflict.
Section 11. 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 12. 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
L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By Q.oJ..& ~c... ~~
Deputy Cle k
BycSl/::!:l:f~
jDannp 1... ~olbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA mON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 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 cel1ified copies of O."dinance Nos. 035 through 043-1996,
which are self-explanatol'Y.
These Ordinances we.'e adopted by the Monroe County Boal'd of County
Commissioners at a Regulal' Meeting in formal session on July 17, 1996. Please file for
record.
Danny L. Kolhage
Clel'k of Circuit Court
and ex officio Clerk to the
Boar"d of County Commissioners
By':' Isabel C. DeSantis
~oWC.f1;1~
Deputy Cieri"
cc: Municipal Code COI"pOration Supervisor of Elections, 035-1996
County Commissioners Public Works Director, 039 through 043-1996
County Administrator Property Appraiser, 035-1996
County Attorney Al1s Council, 038-1996
Growth Mgmnt. Dir., 036 & 037-1996
./ File
..---:..._-
IT"'
ru
.J]
rrl
ru
M
.J]
M
IT"'
c..
~='-====J ~
L:__~.) \. ~......_~ <
\..~H.q\S\~~":";.. "Tu~-P=-OST AG' EI~
'V \fl\.-... I~ .~. I I~
c{ AUG-7'96 f"\1~Y ,i~ ~
ITl ~ ~4~,. ::::::. 2 0 l~
~
;;:~~:~~ 'Jl.
~;ERVICE
PUSTMARK OR DATE
~B\~'~T{_} \:.iif~~. 0/\1;: ANt) ;r;I-,~iEll
/I,[)crk~):) U' OELlVUN / UflNEHY
Cl-FlTIFIED f EE tHE TUflN H[r:EII'T
SENT TO:
TOTAL POSTAGE AND FEES
NOIN'R A
NOT FOR INTERNATIONAL MAil
/YJrS. L,.z C I'/A.J, CIH'e r
BUft.q,u. of A,jWl,iJl'.sf~-I"~
rA.. 1:111. f:'t IJ/;.
4'(01 s.~t~ A.lIyot. ~r.
7....11..~4 CS4C /,I:~ Jo?J 99-
~S'()
(),.,t. .!r. .",
PS FORrA 3800
~
-
UNITED SlATES
POSTAL SERVICE
RECEIPT FOR CERTIFIED MAil
I"UN leI PAL COCE COI1POPA Ii 011
custo~~r Services
pn Ri.V /t'>5
1~11,:~ssne. rJ T2Jl~-n3'i
I;
...J.
wOO
>00
ZW
will:
u.O
00
oct
c..z
~III:
t(~
111:111:
Wu.
:'::0'
()t-
!;;:r:
~
w-
()III:
octW
~j!:'
~
~
a: I'
o
c..
~
----
S'IDi,It'lI'cnl f!
oe '1\[ '%
\I~ hn~ re::eled the f"llo~ing .ater~d1.
T:'n' V"lj for vour assistance and cocperati~n.
Ild I, . ~.. ~
~(1i~3nce No~. 035~!~9&~ 03~-1996, 031-199~~
~'Q.\Qar CI1Q-IQQ6 ~40-19q~. 041-19~~~
,Iv .... Jt,. ...... ..I} .
(,4 H 9::",' lnd CJ41 1996.
[n,
1'\::. Rllth A. J~nt:N
v\:'jldV Clerk
l1of'r(\e ((lIot";
PO Elov nao
~e; lJl'~t ~ Fl J3HO
l-BOO-262-CODE (National' KTi
ASK US ABDUl 1l1A6lN6 AhD lNDEXIN6 YOUR DOCUMENTS
Vislt our hOle page at http:{lwvv.~uoic~e.co.
E-lcii I your ordinances to or,ds~IIlIal,ll",u,nlcO\de,.r.o.,\ ,.,",1"\.\\,,.1,.\,1\,"1,',,\
II ." . """ tll '"