Item R3 County of Monroe BOARD OF COUNTY COMMISSIONERS
Mayor Craig
Cates,District 1
The Florida Keys �� Mayor Pro Tem Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K. Scholl,District 3
- David Rice,District 4
County Commission Meeting
May 17, 2023
Agenda Item Number: R.3
Agenda Item Summary #12056
BULK ITEM: No DEPARTMENT: Parks and Beaches
TIME APPROXIMATE: STAFF CONTACT: Suzanne Rubio (305) 453-9687
No
AGENDA ITEM WORDING: 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, Adele 1 to add eotieft 18 7 for Commefeial Aetivity
Regulations; by amending Chapter-4-8; Article II Sections 18-26, 18 27, and 18-28 to delete
references to `Children's Park Areas' and C mmefeial A etivi ; 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.
ITEM BACKGROUND: The proposed ordinance seeks to clarify certain sections of Chapter 18 of
the County Code that govern safety of attendees 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; and 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.
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 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).
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.
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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 of these Ordinance changes at the public hearing on May 17, 2023.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
Ordinance
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance REV
FINANCIAL IMPACT:
Effective Date: 5/17/2023
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: Cost 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:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Nathalia Mellies Archer Completed 04/28/2023 10:28 AM
John Allen Completed 04/28/2023 10:29 AM
Patricia Eables Completed 04/28/2023 10:46 AM
Risk Management Completed 04/28/2023 2:17 PM
Purchasing Completed 04/28/2023 2:23 PM
Budget and Finance Completed 04/28/2023 5:02 PM
Lindsey Ballard Completed 05/02/2023 10:27 AM
Board of County Commissioners Pending 05/17/2023 9:00 AM
ORDINANCE NO. -2023
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
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 II SECTIONS 18-26,AND 18-28 TO
DELETE REFERENCES TO `CHILDREN'S PARK AREAS';
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 desires to set aside and designate as safe as possible an area for
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
devices and motorized scooters on streets,highways, sidewalks, and sidewalk areas under the local
government's jurisdiction; and
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
Page 1 of 6
about where e-bikes may be ridden, the statute mentions only places clearly designed to
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
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
County Parks and Beaches; and
WHEREAS, the amendments and additions to the Monroe County Code of Ordinances
will promote the health, safety and welfare of the citizens and visitors of Monroe County.
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:
[Proposed text changes are presented with underline to indicate additions
and strikethrough to indicate deletions]
SECTION 1: The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2: ARTICLE L IN GENERAL shall be amended as follows by creating an
additional separate section titled "Children's Playground Regulations" to include the following
language as Sec. 18-5:
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 playground means the area(s) or portion(s) 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.
(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
Page 2 of 6
playground(s) unless accompanied by a child fourteen (14)years of age or younger.
(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.
SECTION 3: ARTICLE L 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:
Sec. 18-6. —Recreational Device Regulations
(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:
Recreational device(s) shall mean any electrically powered device, including but
not limited to, electric bicycle, motorized scooter, or other micromobility devices. This
term shall not mean bicycles, mopeds, or any self-propelled or motorized vehicle capable
of exceeding 28 mph.
Bicycle. 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,
micromobility device or similar device.
(b) Recreational device regulation. Recreational devices within Monroe County-owned
park(s) or beach(es) shall only be operated or utilized where vehicular traffic is allowed.
(c) Wheelchairs and Power-Driven Mobility Devices ((VDMD). 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
walkingspeed,speed, based on the particular soil type 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.
SECTION 4: ARTICLE IL CONDUCT IN SPECIFIC PARKS. Section 18-26 shall be
amended as follows:
Sec. 18-26. —Higgs Beach County Park
Page 3 of 6
(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:
Children�pa4 means the peftieft of Higgs Beaeh Ceffn�� Pafk that the difeetef of
post and fail fefteing, and has posted with signs identifying the eftelesed afea as a ehildfe
I...I
SECTION 5: ARTICLE IL CONDUCT IN SPECIFIC PARKS. Section 18-28 shall be
amended as follows:
Sec. 18-28. —Bernstein 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 a different meaning:
of his designee has, fef pur-poses of publie safety and welfafe, ea-used to be eftelesed-by
LY
[---]
Page 4 of 6
SECTION 7: 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 8: 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 9: 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 10: 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.
Page 5 of 6
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.
Mayor Craig Cates
Mayor Pro Tem Holly Merrill Raschein
Commissioner Michelle Lincoln
Commissioner Jim Scholl
Commissioner David Rice
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By By
As Deputy Clerk Mayor/Chairperson
Page 6 of 6
R.3
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
May 17, 2023
Agenda Item Number: R.3
Agenda Item Summary #12056
BULK ITEM: No DEPARTMENT: Parks and Beaches
TIME APPROXIMATE: STAFF CONTACT: Suzanne Rubio (305) 453-9687
No
AGENDA ITEM WORDING: 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 of 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 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; and 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.
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 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).
Sec. 18-26.—Higgs Beach County Park
Packet Pg. 2786
R.3
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 of these Ordinance changes at the public hearing on May 17, 2023.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
Ordinance
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance REV
FINANCIAL IMPACT:
Effective Date: 5/17/2023
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: Cost 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:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Packet Pg. 2787
R.3
Nathalia Mellies Archer Completed 04/28/2023 10:28 AM
John Allen Completed 04/28/2023 10:29 AM
Patricia Eables Completed 04/28/2023 10:46 AM
Risk Management Completed 04/28/2023 2:17 PM
Purchasing Completed 04/28/2023 2:23 PM
Budget and Finance Completed 04/28/2023 5:02 PM
Lindsey Ballard Completed 05/02/2023 10:27 AM
Board of County Commissioners Pending 05/17/2023 9:00 AM
Packet Pg. 2788
R.3.a
ORDINANCE NO. -2023
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AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING CHAPTER 18,ARTICLE 1, OF THE MONROE 4-
COUNTY CODE TO ADD SECTION 18-5 FOR CHILDREN'S
PLAYGROUND REGULATIONS; BY AMENDING 0
CHAPTER 18, ARTICLE 1, TO ADD SECTION 18-6 FOR U
RECREATION DEVICE REGULATIONS; BY AMENDING
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CHAPTER 18, ARTICLE 1 TO ADD SECTION 18-7 FOR
COMMERCIAL ACTIVITY REGULATIONS; BY 0
00
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; U
PROVIDING FOR REPEAL OF ALL ORDINANCES
U)
INCONSISTENT HEREWITH; PROVIDING FOR 2
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INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES;AND PROVIDING FOR AN EFFECTIVE
U)
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 u
recreation areas; and E
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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 0
WHEREAS, BOCC finds that the creation of parks and recreation areas are in the best a
interests of the citizens of Monroe County; and U)
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 W
a�
WHEREAS, the County desires to set aside and designate as safe as possible an area for
minor children to play within all County Parks and Beaches, thus, restricting access to the
children's park as set forth herein; 0
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
devices and motorized scooters on streets,highways, sidewalks, and sidewalk areas under the local
Page 1 of 6
Packet Pg. 2789
R.3.a
government's jurisdiction; and
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
about where e-bikes may be ridden, the statute mentions only places clearly designed to
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 0
and Game Management, Fish and Wildlife Conservation Commission, 2020 WL 7147420, Case U
no. 20-4051RX (DOAH Dec. 1, 2020); and
a�
WHEREAS,the BOCC deems it beneficial for the public's health, safety, and welfare, and 0
in the County's best interests to amend its Code of Ordinances to regulate recreational devices at V-
County Parks and Beaches; and
WHEREAS, the amendments and additions to the Monroe County Code of Ordinances U
will promote the health, safety and welfare of the citizens and visitors of Monroe County. U)
2
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: Im
[Proposed text changes are presented with underline to indicate additions
and str-iliethr-oug-h to indicate deletions] u
SECTION 1: The above recitals are true and correct and are incorporated herein by this
reference.
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
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 plaE&ound(s) means the area(s) or portion(s) of any County-owned
park, beach, recreation area, etc., designated by the County Administrator or his designee,
E
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
Page fencing. The County Administrator
Page 2 of 6
Packet Pg. 2790
R.3.a
or his designee shall post signs identifying the enclosed area as a children's playground.
(b) Children's play&ound 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)years of age or younger.
4-
(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. 0
U
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 0
language as Sec 18-6: V-
Sec. 18-6.—Recreational Device Regulations
U
(a) Definitions. The following words,terms, and phrases,when used in this Section, shall have U)
the meanings ascribed to them in this subsection, except where the context clearly indicates 2
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a different meaning:
d
U)
Recreational device(s) shall mean any electrically powered device, including but
not limited to, electric bicycle, motorized scooter, or other micromobility devices. This
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,
micromobility device or similar device.
(b) Recreational device regulation. Recreational devices within Monroe County-owned
park(s) or beach(es) shall only be operated or utilized where vehicular traffic is allowed.
(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 W
the operating speed while in a Monroe County-owned park or beach shall be that of typical
walking speed,based on the particular soil type 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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Page 3 of 6
Packet Pg. 2791
R.3.a
SECTION 4: ARTICLE IL CONDUCT IN SPECIFIC PARKS. Section 18-26 shall be
amended as follows:
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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
a different meaning: 0
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4-
t4e eeti� division of p4lie works has, for-ptwpeses of p4lie s4� a*d welfare, eatt
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other- responsible per-son is allowed in the designated ehildr-ea's par-k ar-ea(s) tin!
SECTION 5: ARTICLE IL CONDUCT IN SPECIFIC PARKS. Section 18-28 shall be
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amended as follows:
Sec. 18-28.—Bernstein Park 0
(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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park.or- his designee has, for- ptir-poses of p4lie safety and welfare, eatised tE) be ef161E)8--' by
[...]
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Page 4 of 6
Packet Pg. 2792
R.3.a
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SECTION 7: 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 a�
inapplicable to any person,property or circumstances, such holding shall not affect its applicability 0
to any other person,property or circumstances. U
SECTION 8: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of 0
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. T-
SECTION 9: INCLUSION IN CODE OF ORDINANCES. The provisions of this U
ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, 0
U)
Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform 2
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to the uniform numbering system of the Code.
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SECTION 10: 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.
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Page 5 of 6
Packet Pg. 2793
R.3.a
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.
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Mayor Craig Cates -
Mayor Pro Tem Holly Merrill Raschein
U
Commissioner Michelle Lincoln U
Commissioner Jim Scholl
4-
0
Commissioner David Rice 00
T-
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(SEAL) BOARD OF COUNTY COMMISSIONERS a
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
2
By By
As Deputy Clerk Mayor/Chairperson
APPROVED AS TO FORM&LEGAL SUFFICIENCY
Monr4lCounty Attorney's Office
OS 08 2023
N thalia Mellies Archer
Assi tant County Attorney
O
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Page 6 of 6
Packet Pg. 2794