Ordinance 006-2023 ORDINANCE NO. 006-2023
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
PROVIDING FOR THE CREATION OF THE RICHARD A.
RECUPERO COUNTY PARK AT THE HAWK MISSILE
SITE AMENDING CHAPTER 18, ARTICLE II, TO
INCLUDE A SECTION ON CONDUCT SPECIFIC TO THE
RICHARD A. RECUPERO COUNTY PARK AT THE HAWK
MISSILE SITE FOR PROHIBITED ACTIVITIES AND
REGULATIONS AND PARK HOURS; AND PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR 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
Monroe County is granted the authority, among others, to provide parks, playgrounds and
recreation areas; and
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
interests of the citizens of Monroe County; and
WHEREAS, under F.S. 125.74(1)(g), the County Administrator has the authority to
supervise the care and custody of all County property; and
WHEREAS, the County (Key West International Airport) recently acquired the City of
Key West property commonly referred to as the Hawk Missile Site; and
WHEREAS, the County acquired the Hawk Missile for purposes of performing
environmental mitigation work in accordance with South Florida Water Management District
(SFWMD)permitting requirements and as required under permit application 4 220216-33227 for
mitigation of the"Taxiway A Extension and Mitigation Project"in order to improve the safety and
efficiency of operations at the Key West International Airport; and
WHEREAS, in exchange for the City transferring the Hawk Missile Site to the County,
the County has entered into an Interlocal Agreement (ILA) dated March 22, 2023 with the City
and has agreed to, among other things,provide recreational improvements; and
WHEREAS, the County, in accordance with the ILA with the City of Key West dated
March 22, 2023, wishes to rename the site so it shall now be known as the Richard A. Recupero
County Park at the Hawk Missile Site and declares the site an official County park; and
WHEREAS, the BOCC finds that providing the Richard A. Recupero County Park at the
Hawk Missile Site in Key West as a free and open public recreational area will offer additional
recreational opportunities that benefit the families and citizens of Monroe County; and
WHEREAS, not only is it the vision and desire of the BOCC to immediately provide and
make available the areas not under construction of the Richard A. Recupero County Park at the
Hawk Missile Site in Key West as a public park as soon as possible upon completion of the transfer
from the City of Key West, but the ILA between the City of Key West and the BOCC transferring
the site requires the County to keep the Park "open and accessible to the public for recreational
purposes"; and
WHEREAS, without this enactment, the Richard A. Recupero County Park at the Hawk
Missile Site would not have enforceable rules and regulations, thus delaying the opening of the
park area for several months and it would not be available for the public to enjoy and benefit from
for some time; and
WHEREAS,the Monroe County Sheriff and his deputies are authorized by law to enforce
Florida Laws and County Ordinances; and
WHEREAS, Richard A. Recupero County Park at the Hawk Missile Site must have
written rules established by Ordinance in order for the Sheriff and his deputies to enforce those
rules; and
WHEREAS, the County desires to clarify the hours of operation for the Richard A.
Recupero Park at the Hawk Missile Site and the hours set forth herein are effective at the stated
Park; and
WHEREAS, the County desires to prohibit certain activities within the Richard A.
Recupero Park at the Hawk Missile Site for the health, safety and welfare of the citizens and
visitors of Monroe County; and
WHEREAS, the amendments and addition to Section 18-30 of the Monroe County Code
of Ordinances will promote the health, safety and welfare of the citizens and visitors of Monroe
County; and
WHEREAS, it is the intention of the BOCC that this Ordinance shall establish Richard A.
Recupero Park at the Hawk Missile Site as an official park and establish the initial rules and
regulations for the park,but that a more comprehensive ordinance will be considered at a later date
after public discussions and input, and that the future ordinance shall also be codified into the
Monroe County Code of Ordinances after regular meetings as to any further development,
establishment, and implementation of Richard A. Recupero Park at the Hawk Missile Site.
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:
SECTION 1: The above stated recitals to this Ordinance are hereby incorporated into this
Ordinance by the BOCC as the legislative intent pertaining to this Ordinance.
SECTION 2: ARTICLE 11. CONDUCT IN SPECIFIC PARKS shall be amended as
follows by creating an additional separate section titled "Richard A. Recupero County Park at the
Hawk Missile Site" to include the following language:
Sec. 18-30.—Richard A. Recupero County Park at the Hawk Missile Site
(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.
Fenced, ,gated and posted area means the portion of Richard A. Recupero County
Park at the Hawk Missile Site that the County Administrator has, for purposes of public
safety and welfare, caused to be enclosed by fencing of any type, including,but not limited
to,chain-link fencing _and post-and-rail fencing,and has posted with signs s re_ag rding special
post-and-rail fencing,and has posted with si_ng s re_ag rding,special
hours and parking prohibitions.
Richard A. Recupero County Park at the Hawk Missile Site means the area in the
City of Key West, Florida beginning at the Northeast corner of Parcel 41, "PLAT OF
SURVEY, PART OF LANDS FORMERLY OWNED BY THE KEY WEST
IMPROVEMENT, INC.", according to the Plat thereof, as recorded in Plat Book 2, Page
69, of the Public Records of Monroe County, Florida, thence S.19"03'22"E., along the
Easterly Line of said Parcel 41 a distance of 1692.60 feet to the Southeast corner of Parcel
41, thence N.86"30'52"W a distance of 974.45 feet to the Southwest corner of Parcel 41
(Southeast comer of Parcel 42), thence N.86"30'52"W., a distance of 487.22 feet to the
West line of the East one-half of Parcel 42, thence N.19"03'22"W., along the said West
line of the East one-half of Parcel 42 a distance of 1132.26 feet to the North Line of Parcel
42, thence N.70"56'38"E., a distance of 450.00 feet to the Northeast corner of said Parcel
42 (Northwest corner of Parcel 41),thence N.70"56'38"E ., a distance of 900.00 feet to the
Point of Beginning._ The parcel contains 1906780.50 square feet, or 43. 77 Acres more, or
less.
The area does not include the F.A.A. site which commences at the Northwest corner
of said Tract 41, thence S 19"03'22" E., along the Southwesterly Line of Tract 41,
(Northeasterly Line of Tract 42) for 229.27 feet to a chain link fence and the Point of
Beginning, thence N.73"42'52"E., and along the said chain link fence a distance of 234.38
feet, thence S.02"37' 43"'W., a distance of 158.45 feet, thence N.81"23'00"W., a distance
of 71.28 feet, thence S.83"46'34"W., a distance of 236.64 feet, thence S.70"21'29"W., a
distance of 32.35 feet to a chain link fence, thence N.20"37'44"W., and along the chain
link fence a distance of 22.51 feet, thence N.40"18'01"E., a distance of 105.31 feet, along
the chain link fence, thence N 73"42'52"E., and continuing _alongalong the chain link fence for
60.73 feet to the Point of Beginning. The F.A.A. site contains 35823.12 square feet or
0.82238 acres, more or less.
(b) Prohibited activities. The following activities are Prohibited at the Richard A. Recupero
County Park at the Hawk Missile Site:
(1) Camping.
(2) Alcoholic beverages. Possession or consumption of alcoholic beverages is
prohibited without the written permission of the county administrator or his
designee. For the purposes of this section, the term "alcoholic beverage" means
distilled spirits and all beverages containing one-half of one percent or more alcohol
by volume.
(3) Glass containers.
(4) Golf balls and _golfing. No person may hit or otherwise propel, place, or leave _golf
balls in the park.
(5) Fires, campfires, grilling, bonfires. No person shall cook, light or maintain any
cooking fire, campfire, or other fire without the written permission of the county
administrator or his designee.
(6) Drones. No drones shall be operated from and/or within the park.
(7) Fireworks. Use, handling, possession or discharge of fireworks or explosives are
prohibited.
(8) Overnight parking of private vehicles. There shall be no overnightparking of private
vehicles without a parking permit issued by the county.
(9) No person may park, stand or stop a recreational vehicle or camper within the
fenced, gated, or posted area of Richard A. Recupero County Park at the Hawk
Missile Site.
(10) No person shall enter any area of the park designated as under construction.
(11) Prohibited domestic animals, exceptions. Except for animals that assist disabled
persons, or leashed dogs, domestic animals are prohibited. Dogs must be kept on a
leash no great than eight feet long.
(c) Park to be closed during certain hours. Richard A. Recupero County Park at the Hawk
Missile Site shall be closed during the hours of 11:00 p.m. to 7:00 a.m. No person shall
enter or remain at the county park during the hours it is closed without the written
permission of the county administrator or his designee. This paragraph shall not create an
entitlement to access to the park between 7:00 a.m. to 11:00 p.m. if the City of Key West
closes Government Road sooner than 11:00 pm or reopens Government Road earlier than
7:00 a.m. on any particular da .
(d) SiZns. The county administrator or his designee must post the park entrance with a sign
briefly summarizing the park rules established by park rules established by this ordinance.
(e) Parking. Parking shall only be permitted in designated_ parkin_ areas.
reas.
(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 dater by both such fine and imprisonment.
SECTION 3: 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
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.
SECTION 4: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 5: INCLUSION IN 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 conform
to the uniform numbering system of the Code.
SECTION 6: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be
filed with the Department of State and shall be effective 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 19'" day of April , 2023.
Mayor Craig Cates Yes
or Pro Tem Holly Merrill Raschein Yes
ssioner Michelle Lincoln Yes
in 4 Toner Jim Scholl Yes
s ner David Rice Yes
BOARD OF COUNTY
•asp ,a VIN MADOK, Clerk COMMISSIONERS OF MONROE
COUNTY FL A
•®f CODUT
y n By
s Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTO EY'S OFFICE
OYtY2023 +ry f
Approved for form and legal sufficiency
Nathalia Archer,Assistant County Attorney < ~-s
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO DEPARTMENT OF AIRPORTS
3491 S ROOSEVELT BLVD
KEY WEST FL 33040
Account: 420155 Ticket: 3886425
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER Board of County Commissioners.
ADOPTION OF COUNTY ORDINANCE
COUNTY OF MONROE Dated at Key west, Florida, this 24th
NOTICE IS HEREBY GIVEN TO WHOM day of March,2023.
IT MAY CONCERN that on April 19th,
Before the undersigned authority personally appeared 2023,at 9:00 A.M.,or as soon thereaf- (SEAL)KEVIN MADOK,Clerk of the Cir-
ter as the matter may be heard,in the cuit Court and ex officio Clerk of the
Marathon Government Center, 2798 Board of County Commissioners of
Overseas Highway, Marathon, Florida, Monroe County,Florida
Melinda Prescott who on oath says that he or she is 33050 the Board of County Commis- 03/31/23-KWC
sioners of Monroe County, Florida, in- 420155 3886425
tends to consider the adoption of the
The legal advertising representative of the Key West Citizen,a five day news- following County ordinance:
paper published in Key West, in Monroe County, Florida;that the attached copy AN ORDINANCE OF THE BOARD OF
a legal notice in the matter of Hawks Missle Site was COUNTY COMMISSIONERS RO MON-
of advertisment, being g ROE COUNTY, FLORIDA, PROVIDING
published In said newspaper In the Issues Of: FOR THE CREATION OF THE RICHARD
A. RECUPERO COUNTY PARK AT THE
HAWK MISSILE SITE AMENDING CHAP-
Friday, March 31,2023 TER 18,ARTICLE II,TO INCLUDE A SEC-
TION ON CONDUCT SPECIFIC TO THE
RICHARD A.RECUPERO COUNTY PARK
Affiant further says that the Key West Citizen is a newspaper published in Key AT THE HAWK MISSILE SITE FOR PRO-
West, in said Monroe County, Florida and that the said newspapers has hereto- HIBITEDACTIVITIESAND REGULATIONS
published in said Monroe County, Florida Tuesday thru AND PARK HOURS; AND PROVIDING
fore been continuously p Y Y FOR SEVERABILITY; PROVIDING FOR
Saturday weekly,and has been entered as periodicals matter at the post office in REPEAL OF ALL ORDINANCES INCON-
SISTENTKe West, in said Monroe County, Florida,for period of 1 year next recedin INCORPORATION
HEREWITH; PROVIDING FOR
Y Y p Y p g INCORPORATION INTO THE MONROE
the first publication of the attached copy of advertisement;and affiant further says COUNTY CODE OF ORDINANCES;AND
that he or she has neither paid nor promised any person,firm or corporation any PROVIDING FOR AN EFFECTIVE DATE.
discount, rebate, commission or refund for the purpose of securing this advertise- Please note that public participation in
ment for publication in the said newspaper. these meetings may be conducted via
Communications Media Technology
("CMT). The connection information
for members of the public who wish to
attend or participate in the Public Hear-
ing(s)via a Zoom virtual platform will
be posted on the Monroe County web-
site at @ http://monroecountyfl.igm2.
com/Citizens/Default.aspx.
e � .„ Pursuant to Section 286.0105, Florida
Statutes, notice is given that if a per-
(Signature ofAffiant) son decides to appeal any decision
made by the Board with respect to any
Affirmed and subscribed before me this 21st da of ril 2023 matter considered at such hearings or
Y p meetings,he or she will need a record
of the proceedings,and that,for such
purpose,he or she may need to ensure
that a verbatim record of the proceed-
ings is made,which record includes the
testimony and evidence upon which
(Notary Public Signature) the appeal is to be based.
ADA ASSISTANCE: If you are a person
Laura M Robins with a disability who needs special ac-
(Notary Public Printed Name) commodations in order to participate
in these proceedings, please contact
the County Administrator's Office, by
My commission expires 9/26/2026 phoning(305)292.4441, between the
hours of 8:30 a.m.-5:00 p.m., prior
to the scheduled meetings;if you are
Personally Known X Produced Identification_ hearing or voice-impaired, call "711
Type of Identification Produced (Notary Seal) Live Closed-Captioning is available via
our web portal @ http://monroecoun-
tyfl.iqm2.
com/Citizens/Default.aspxtyfl.igm2.com/Citizens/Default.aspx
S for meetings of the Monroe County
tfWi �npa�es� ��'2u`P:�f12�a
Kevin Madok, cpA
........ notyda
Clerk of the Circuit Court& Comptroller More Coun , Flori
April 25, 2023
Department of Slate
Administrative Code & Register
500 S Bronougli Street
'Tallahassee F1,32399-0250
'Fo NN'lioni It Ma), Concern,
Attached is a cop),of Ordinance No. 006-2023 providing for the creation of the Ricliard A.
Recupero Count), Park at the Hawk Missile Site amending Chapter 19, Article I I, to include a
section on conduct specific to the Ricliard A. Recupero Count), Park at die Hawk Missile Site for
prohibited activities and regulations and park hours; and providing for sei,erall)110,; providing for
repeal of all Ordinances inconsistent liere%%itli; pi-miding for incorporation into the Monroe
Countv Code of Ordinances; and providing for an effective (late.
This Ordinance was adopted 1)), the Monroe Count}, Board ol'Count}, Commissioners at a
regular meeting, lield in f6rinal session, on April 19, 2023. Should ),ou have and,questions please
leel free to contact nie at (305) 292-3550.
Respectfully, Submitted,
Keilin Madok, CPA, Clerk of
the Circuit Court & Comptroller&
ex-officlo to the Monroe County
Board of County Commissioners
bY:Pamela G. Hancock, D.('.
cc: County Administrator
CountN,Attorne),
Public NVorks
Parks& Beaclies
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
iurW ,u
FLORIDA DEPARTMENT Of'STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
April 25, 2023
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock
Dear Kevin Madok,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 006-2023, which was filed in this office on April 25,
2023.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Pamela G. Hancock
From: municodeords@civicplus.com
Sent: Thursday, April 27, 2023 7:23 AM
To: campo-abra@monroecounty-fl.gov; Pamela G. Hancock
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 26 Update 3
Follow Up Flag: Follow up
Flag Status: Flagged
****THIS IS AN AUTOMATICALLY GENERATED EMAIL****
Below, you will find the material that we have received/recorded to your account.This material is being considered for
inclusion in your next/current update, Supplement 26 Update 3
Document Adopted Date Recorded Recorded Format
Ordinance No. 003-2023 3/22/2023 4/12/2023 PDF
Ordinance No. 005-2023 4/19/2023 4/26/2023 PDF
Ordinance No. 006-2023 4/19/2023 4/27/2023 PDF
H H
Update the internet version of your Code
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