Item C10 C.10
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
April 19, 2023
Agenda Item Number: C.10
Agenda Item Summary #11932
BULK ITEM: Yes DEPARTMENT: Parks and Beaches
TIME APPROXIMATE: STAFF CONTACT: Suzanne Rubio (305) 453-9687
No
AGENDA ITEM WORDING: Approval to advertise a Public Hearing to consider adoption of an
Ordinance Amending Chapter 18, Article 1, of the Monroe County Code to add Section 18-5 for
Children's Playground Regulations; by amending Chapter 18, Article 1, to add Section 18-6 for
Recreation Device Regulations; by amending Chapter 18, Article 1 to add Section 18-7 for
Commercial Activity Regulations; by amending Chapter 18, Article Ii Sections 18-26, 18-27, and
18-28 to delete references to `Children's Park Areas' and Commercial Activities; and providing for
severability; providing for Repeal f all Ordinances inconsistent herewith; providing for Incorporation
into the Monroe County Code of Ordinances; and Providing for an Effective Date.
ITEM BACKGROUND: The proposed ordinance seeks to clarify certain sections of Chapter 18 of
the County Code that govern safety of attendees and allows for regulation of certain recreational
commercial activities within any county-owned facility,park, beach, or property. The Ordinance will
allow the County to provide a safe area for minor children to play by restricting access to
playgrounds; allow the County to regulate the operation of electric bicycles, micromobility devices
and motorized scooters within County parks and beaches by allowing them to be operated only
where vehicular traffic is allowed; and allow the County to regulate and allow commercial activities
at certain County Parks and Beaches to benefit both residents and non-residents.
Sec. 18-5— Children's Playground Regulations
No person over the age of fourteen (14), other than a parent, guardian, or other responsible person, is
allowed in the designated children's playground(s) unless accompanied by a child fourteen (14)
years of age or younger.
Sec. 18-6—Recreational Device Regulations
To provide definitions for and clarify the meaning of Recreational device(s) and bicycles in order to
define where recreational devices are permitted to be operated or utilized within Monroe County-
owned park(s) or beach(es). This section also specifies that Wheelchairs and Power-Driven
Mobility Devises (OPDMD) shall be permitted by people with mobility disabilities and their
permitted operating speed within Monroe County-owned park(s) or beach(es).
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Sec. 18-7 - Commercial Activities
To provide clarification of rules affecting commercial activity within any county-owned facility,
park, beach or property, requiring written authorization from the County Administrator and/or his
designee and/or lease or license from the County. Also provides for authority to develop rules and
regulations for use of County-owned property and penalties for violations of such.
Sec. 18-26.—Higgs Beach County Park
To remove language specific to Higgs Beach County Park that will now be addressed for all Monroe
county-owned owned parks in Sec. 18-5 —Children's Playground Regulations.
Sec. 18-27.—Rules of conduct and operational procedures for certain parks
To remove language regarding commercial activities that will now be addressed for all Monroe
county-owned facility,park, beach or property in Sec. 18-7 —Commercial Activities.
Sec. 18-28.—Bernstein Park
To remove language specific to Bernstein Park that will now be addressed for all Monroe county-
owned owned parks in Sec. 18-5 —Children's Playground Regulations.
Staff request approval to advertise a public hearing on this Ordinance to be held at the May 17, 2023
BOCC meeting.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Staff recommends approval.
DOCUMENTATION:
PB Ordinance EB PG IC NMA v2 03.24.23
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: Advertising Cost and costs of new signage
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
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Grant:
County Match:
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Nathalia Mellies Archer Completed 04/01/2023 9:36 PM
John Allen Completed 04/03/2023 9:01 AM
Patricia Eables Completed 04/04/2023 4:48 PM
Risk Management Completed 04/04/2023 4:48 PM
Purchasing Completed 04/04/2023 4:51 PM
Budget and Finance Completed 04/04/2023 4:54 PM
Lindsey Ballard Completed 04/04/2023 4:54 PM
Board of County Commissioners Pending 04/19/2023 9:00 AM
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ORDINANCE NO. -2023
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AN ORDINANCE OF THE BOARD OF COUNTY U)
COMMISSIONERS OF MONROE COUNTY, FLORIDA, U)
AMENDING CHAPTER 18,ARTICLE 1, OF THE MONROE
COUNTY CODE TO ADD SECTION 18-5 FOR CHILDREN'S
PLAYGROUND REGULATIONS; BY AMENDING
CHAPTER 18, ARTICLE 1, TO ADD SECTION 18-6 FOR
RECREATION DEVICE REGULATIONS; BY ;AMENDING >
CHAPTER 18, ARTICLE I TO ADD SECTION 18-7 FOR
COMMERCIAL ACTIVITY REGULATIONS; BY
AMENDING CHAPTER 18, ARTICLE II SECTIONS 18-26,
18-27, AND 18-28 TO DELETE" , REFERENCES TO
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`CHILDREN'S PARK AREAS' AND COMMERCIAL
ACTIVITIES; AND PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF- - ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR Im
INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES;AND PROVIDING FOR AN EFFECTIVE �
DATE.
WHEREAS, under F'.S' 125.01(1)(f), the Board of County Commissioners (BOCC) for 0
Monroe County is granted the authority, among others, to provide parks, playgrounds, and
recreation areas; and 0
WHEREAS, the BOCC finds that public parks and recreation areas provide sites where
the families and'citizens of Monroe; County can benefit from and engage in healthy recreational
activities; and
WHEREAS, BOCC finds that the creation of parks and recreation areas are in the best >i
interests of the citizens of Monroe County; and
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WHEREAS, under F.S. 125.74(1)(g), the County Administrator has the authority to U
supervise the care and custody of all County property; and
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WHEREAS, the County desires to set aside and designate as safe as possible an area for Wi
minor children to play within all County Parks and Beaches, thus, restricting access to the
children's park as set forth herein;
WHEREAS, Florida Statute §316.2128(1) and Florida Statute §316.20655(1) allow local
governments to adopt ordinances governing the operation of electric bicycles, micromobility 0-
devices and motorized scooters on streets,highways,sidewalks, and sidewalk areas under the local
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government's jurisdiction; and
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WHEREAS, "[w]hile section 316.20655 unambiguously requires that e-bike operators be
given the same rights and privileges as operators of ordinary bicycles,nevertheless,when it speaks U)
about where e-bikes may be ridden, the statute mentions only places clearly designed to U)
accommodate vehicular traffic [...]. The better reading of section 316.20655(1) is that it preserves
the power of local authorities to prohibit the use of e-bikes in areas where, under subsection (7),
their operation would otherwise be statutorily permitted." Ernesto Gonzalez v.Division of Hunting
and Game Management, Fish and Wildlife Conservation Commission, 2020 WL 7147420, Case LM
no. 20-4051RX (DOAH Dec. 1, 2020); and >
WHEREAS,the BOCC deems it beneficial for the public's health, safety, and welfare, and
in the County's best interests to amend its Code of Ordinances to regulate recreational devices at �E
County Parks and Beaches; and
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WHEREAS,the BOCC finds that use of recreational areas for commercial activities has
continually increased during recent years; and 0
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WHEREAS, a significant portion of the maintenance and upkeep of County Parks and X
Beaches is funded through property taxes; and,
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WHEREAS Monroe Countyresidents through roe taxes have already contributed
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to the funding of multiple parks and beaches' maintenance and upkeep so it would be manifestly
unfair to allow commercial activity t these properties without a fee; and
WHEREAS, the allowance of commercial activity at certain County Parks and Beaches
requires rules and regulations f6r facilitating the activities and payment of fees; and
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WHEREAS, the BOCC fifids that the regulation of commercial activity at County Parks
and Beaches will benefit both residents and non-residents; and
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WHEREAS, the amendments and additions to the Monroe County Code of Ordinances >i
will promote the health, safety and welfare of the citizens and visitors of Monroe County.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT THE MONROE
COUNTY CODE OF ORDINANCES IS HEREBY AMENDED AS FOLLOWS: Wi
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[Proposed text changes are presented with underline to indicate additions
and to indicate deletions]
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SECTION 1: The above recitals are true and correct and are incorporated herein by this CL
reference.
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SECTION 2: ARTICLE I. IN GENERAL shall be amended as follows by creating an
additional separate section titled "Children's Playground Regulations" to include the following U)
language as Sec. 18-5: U)
Sec. 18-5.— Children's Playground Regulations
(a) Definitions. The following words, terms, and phrases, when used in this Chapter, shall
have the meanings ascribed to them in this subsection, except where the context clearly >
indicates a different meaning:
Children's 12layground(s) means the area(s) or portions) of any County-owned
park, beach, recreation area, etc., designated by the County Administrator or his designee,
as a children's playground and has caused to be enclosed by fencing of any type, including
but not limited to, chain-link fencing and post-and-rail fencing. The County Administrator
or his designee shall post signs identifying the enclosed area as a children's playground.
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(b) Children's Playground regulation. No person over,the,age of fourteen (14), other than a
parent, guardian, or other responsible person, is allowed in the designated children's
playgrounds)unless accompanied by a child fourteen (14)fears of age or younger.
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(c) Penalties. A violation of any of the provisions setforth in this section shall be punishable
as provided in Section 1-8 of the Monroe County Code of Ordinances. 0
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SECTION 3: ARTICLE I. IN GENERAL shall be amended as follows by creating an
additional separate section titled,"Recreational Device Regulations" to include the following
language as Sec 18-6:
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Sec. 18-6.—Recreational Device Regulations M
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(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 zi
a different meartiM U
Recreational devices) shall mean any electrically powered device, including but i
not limited to, electric bicycle, motorized scooter, or other micromobility devices. This Wi
term shall not mean bicycles, mopeds, or any self-propelled or motorized vehicle capable
of exceeding _28 mph.
mph.
Bicvcle. Every vehicle propelled solely by human power, having two tandem
wheels, and including any device generally recognized as a bicycle though equipped with
two front or two rear wheels. The term does not include a scooter, electric bicycle,
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micromobility device or similar device.
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(b) Recreational device regulation. Recreational devices within Monroe County-owned c
park(s) or beach(es) shall only be operated or utilized where vehicular traffic is allowed. U)
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(c) Wheelchairs and Power-Driven Mobility Devices (OPDMD). Wheelchairs and manually
powered mobility aids are allowed anywhere foot traffic is allowed. Power-driven mobility
devices (OPDMD) shall be permitted for use only by people with mobility disabilities and
the operating,speed while in a Monroe County-owned park or beach shall be that of typical
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walking speed,based on the particular soil We and existing environmental conditions, not >
to exceed five (5) mph.
(d) Penalties. A violation of any of the provisions set forth in this section shall be punishable
as provided in section 1-8 of the Monroe County Code of Ordinances.
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SECTION 4: ARTICLE I. IN GENERAL shall be amended as follows by creating an
additional separate section titled "Commercial Activities" to include the following language as LM
Sec. 18-7: M
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Sec. 18-7.—Commercial Activities
(a) There shall be no commercial activity or fee charging operation or program of any type on 0
any county-owned facility,'pazk,beach or property, without written authorization from the
County Administrator and/or his designee and/or lease or license from the County, as 0
applicable. C
(b) The County Administrator and/or his designee has the authority to develop permitting ri
systems and related rules and'regulations for the use of park and/or beach facilities for
commercial activities or operations. Violations of permit requirements shall result in
suspension or revocation;of such permit. >i
(c) Penalties. A violation of any of the provisions set forth in this section shall be punishable
as provided in section 1-8 of the Monroe County Code of Ordinances. U
SECTION 5: ARTICLE 11. CONDUCT IN SPECIFIC PARKS. Section 18-26 shall be i
amended as follows: Wi
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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 0-
a different meaning:
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SECTION 6: ARTICLE 11. CONDUCT IN SPECIFIC PARKS. Section 18-27 shall be M
amended as follows:
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Sec. 18-27.—Rules of conduct and operational procedures for certain parks.
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SECTION 7: ARTICLE 11. CONDUCT IN SPECIFIC PARKS. Section 18-28 shall be
amended as follows: U
Sec. 18-28.—Bernstein Park i
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(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:
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SECTION 8: SEVERABILITY. If any portion of this ordinance is for any reason held �
invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the �E
remaining portions of this ordinance. 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.
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SECTION 9: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of "-
ordinances in conflict with this ordinance are hereby repealed"to the extent of said conflict.
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SECTION 10: INCLUSION IN CODE OF ORDINANCES. The provisions of this
ordinance shall be includedzi4incorporated in the Code of Ordinances of the County of Monroe, 0
Florida, as an addition or amendment thereto, and,shall be appropriately renumbered to conform
to the uniform numbering system of the Code. 0
SECTION 11:'TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be
filed with the Department of State and'shallrbe effective as provided in section 125.66(2), Florida
Statutes.
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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 2023. 0
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Mayor Craig Cates 2
Mayor Pro Tem Holly Merrill Raschein U)
Commissioner Michelle Lincoln
Commissioner Jim Scholl
Commissioner David Rice
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
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By By
As Deputy Clerk Mayor/Chairperson
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