Ordinance 009-2023 Ordinance 009 -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
about where e-bikes may be ridden, the statute mentions only places clearly designed to
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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 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 playroundLs) 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
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
playground(s)unless accompanied by a child fourteen (14)years of a_ ge or younger.
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(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.
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 peoplewith mobility disabilities and
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.
SECTION 4: ARTICLE 11. CONDUCT IN SPECIFIC PARKS. Section 18-26 shall be
amended as follows:
Sec. 18-26.—Higgs Beach County Park
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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:
t4e eeti� division of p4lie works has, for-ptwpeses of p4lie safety and welfare, eatt
post and r-ail feneing,and has posted w44 signs identif�ing t4e enelesed area as a ehildr-e
[...]
SECTION 5: ARTICLE 11. 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:
ly
[...]
SECTION 7: SEVERABILITY. If any portion of this ordinance is for any reason held
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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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17th _day of May 2023.
Mayor Craig Cates Yes
Mayor Pro Tern Holly Merrill Raschein Yes
missioner Michelle Lincoln Yes
ioner James K. Scholl —Yes
er David Rice Yes
N MADOK, Clerk BOARD OF COUNTY COMMISSIONERS
OF MONRO , (JNTV, F ORIDA
A,
By—, As Deputy Clerk ayor/Chairperson
-2
APPROVED AS TO FORM & LEGAL SUFFICIENCY
our ounty Attorney's Office
C:)
05/17/2023
ia Me t Cou thalia MeWes Archer
Ass tant County Attorneyrn
Page 5 of 5
14
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 COUNTY PARKS & BEACHES
1111 12TH ST STE 408
KEY WEST FL 33040
Account: 430114 Ticket: 3889313
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER of County Commissioners.
ADOPTION OF COUNTY ORDINANCE Dated at Key West, Florida, this 21st
COUNTY OF MONROE day of April,2023.
NOTICE IS HEREBY GIVEN TO WHOM IT (SEAL)KEVIN MADOK,Clerk of the Cir-
MAY CONCERN that on May 17,2023, cuit Court and
Before the undersigned authority personally appeared at 9:00 A.M. or as soon thereafter as Ex Officio Clerk of the Board of Coun-
the matter may be heard, at the Har- ty Commissioners of Monroe County,
vey Government Center, 1200 Truman Florida
Avenue, Key West, Florida,the Board 04/26/23-KWC
Melinda Prescott who on oath says that he or she is of County Commissioners of Monroe 430114 3889313
County, Florida, intends to consider
adopting the following ordinance:
The legal advertising representative of the Key West Citizen,a five day newspa-
AN ORDINANCE OF THE BOARD OF
per published in Key West,in Monroe County, Florida;that the attached copy of COUNTY COMMISSIONERS OF MON-
advertisment,beinga legal notice in the matter of NOI Childrens Playground was ROE COUNTY,ARTICFLORLE
1A, AMENDING
g yg CHAPTER 18,ARTICLE I,OF THE MON-
publlshed In said newspaper In the Issues Of: ROE COUNTY CODE TO ADD SECTION
18-5 FOR CHILDREN'S PLAYGROUND
REGULATIONS; BY AMENDING CHAP-
Wednesday,April 26,2023 TER 18, ARTICLE I, TO ADD SECTION
18-6 FOR RECREATION DEVICE REGU-
LATIONS; BY AMENDING CHAPTER 18,
Affiant further says that the Key West Citizen is a newspaper published in Key ARTICLE I TO ADD SECTION 18-7 FOR
West, in said Monroe County, Florida and that the said newspapers has hereto- COMMERCIAL ACTIVITY REGULATIONS;
fore been continuous) published in said Monroe County, Florida Tuesday thru BY AMENDING CHAPTER AND
ARTICLE II,
Y p Y Y SECTIONS 18-26,18-27,AND 18-28 TO
Saturday weekly,and has been entered as periodicals matter at the post office in DELETE REFERENCES TO 'CHILDREN'S
AC-
KeyWest, in said Monroe County, Florida,fora period of 1 year next preceding PARK AREAS' AND COMMERCIAL y p y p g TIVITIES; AND PROVIDING FOR SEV-
the first publication of the attached copy of advertisement;and affiant further says ERABILITY; PROVIDING FOR REPEAL
that he or she has neither paid nor promised any person,firm or corporation any OF ALL ORDINANCES INCONSISTENT
HEREWITH;PROVIDING FOR INCORPO-
discount, rebate, commission or refund for the purpose of securing this advertise- RATION INTO THE MONROE COUNTY
ment for publication In the said newspaper. CODE OF ORDINANCES;AND PROVID-
ING FOR AN EFFECTIVE DATE.
The proposed ordinance may be in-
spected by the public at the Monroe
County website by viewing the agenda
packet for the May 17,2023 meeting,
which will be posted beginning on May
5,2023 at:
p http://monroecountyfl.igm2.com/citi-
e ! .„ zens/default.aspx. The ordinance may
also be viewed at the Monroe County
(Signature ofAffiant) Attorney's office at 1111 12 th St.Ste.
408 Key West,FL 33040.
Affirmed and subscribed before me this 26th day of April 2023 The public can participate in the May
17,2023 meeting of the Board of Coun-
ty Commissioners of Monroe County,
FL by attending
s link can be found no The Zoom can the
agenda at http://monroecountyfl.igm2.
(Notary Public Signature) com/citizens/default.aspx.
ADA ASSISTANCE: If you are a person
Laura M Robins with a disability who needs special
(Notary Public Printed Name) accommodations in order to partici-
pate in this proceeding, please con-
tact the County Administrator's Office,
My commission expires 9/26/2026 by phoning (305) 292-4441, between
the hours of 8:30a.m.-5:00p.m., prior
to the scheduled meeting; 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:Hmonroecoun-
tyfl.iqm2.com/Citizens/Default.aspx 7""]
tyfl.igm2.com/Citizens/Default.aspx for
Smeetings of the Monroe County Board
fWi n�a��s �'28,r2026
Kevin Madok, CPA
....... vrd Clerk of the Circuit Court& Comptroller— Monroe County, Florida
Ma), 19, 2023
I)epartincrit of'State
Administrative Code & Register
500 S 11ronougli Street
Tallabassce FI,32399-02.')0
To \Vlioni It May Concern,
Attached is a(,of)),of0rdinancc No. 009-2023 anicriding Cliapter 19, Article 1, ol'tlic
Monroe Como, Code to add Section 18-5 for Clilldren's Pla),ground Regulations; bN,aincilding
Chapter 18, Article 1, to a(l(I Section 18-6 lot- Recreation Dc�llce Regulations; by amending
Chapter 19, Article 11 Sections 19-26, and 19-29 to delete rcl'crciiccs to 'Cluldren's Park Areas';
proNI(ling for seN,erabilit),; providing for repeal ol'all Ordinances inconsistent licrewilli; providing
for incorporation into the Monroe County Code of'Ordinances; and providing for an effectiVe
(late.
,I'lus 0rdinaitce was adopted by the Monroe County Board of'Count)' Commissioners at a
regular meeting, held in formal session, on Ma), 17, 2023. Should you liaN,e any questions please
feel 1'ree to contact ine at (305) 292-3550.
Rcspectllill), Submitted,
KeNin Madok, CPA, Clerk of
the Circuit Court & Comptroller&
ex-ollicio to the Monroe County
Board ol'Count), Commissioners
bi,:Pxnela G. Hxicock, D.
CC: Parks& lleaclies
Count), Administrator
Count), Attorney,
110CC
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
Pamela G. Hancock
From: municodeords@civicplus.com
Sent: Wednesday, May 31, 2023 1:13 PM
To: campo-abra@monroecounty-fl.gov; Pamela G. Hancock
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 27 Update 1
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 27 Update 1
Document Adopted Date Recorded Recorded Format
Ordinance No. 007-2023 5/17/2023 5/31/2023 PDF
Ordinance No. 008-2023 5/17/2023 5/31/2023 PDF
Ordinance No. 009-2023 5/17/2023 5/31/2023 PDF
H H
Update the internet version of your Code
more often than a printed supplement. We can post newly enacted ordinances
We can update the Internet quarterly, monthly, in the online Code after each meeting.
even weekly.
i
iurW ,u
FLORIDA DEPARTMENT Of'STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
May 19, 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. 009-2023, which was filed in this office on May 19,
2023.
Sincerely,
Anya Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270