Item N01 N1
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
March 20, 2024
Agenda Item Number: N1
2023-2080
BULK ITEM: No DEPARTMENT: Parks and Beaches
TIME APPROXIMATE: STAFF CONTACT: Suzi Rubio
AGENDA ITEM WORDING: A Public Hearing to consider an Ordinance amending Chapter 18,
Parks and Recreation of the Monroe County Code to include park hours of operation for Harry Harris
Park, Blue Heron Park and Pine Channel Park; modification to the hours at Bay Point Park, Big Coppitt
Volunteer Fire Department Park, Friendship Park, Key Largo Community Park, Big Pine Key Park and
Murray E. Nelson Government Center Park; and codifying the creation of, and rules for, Pine Channel
Nature Park and Blue Heron Park in the Monroe County Code of Ordinances.
ITEM BACKGROUND:
The Monroe County Parks and Beaches Department wishes to amend Chapter 18 of the Monroe Code
of Ordinances, titled "Rules of Conduct and Operational Procedures for Certain Parks" to include
operating hours for Harry Harris Park, Blue Heron Park and Pine Channel. Currently, there are no
specified hours of operation for these parks within the Code. Additionally, modifications to the hours at
Bay Point Park, Big Coppitt Volunteer Fire Department Park, Friendship Park, Key Largo Community
Park, Big Pine Key Park and Murray E. Nelson Government Center Park are needed in order to ensure
that the operational hours of these county parks align with the established standards for other county
parks.
Additionally, in reviewing Chapter 18 of the Code, staff became aware that two parks are not formally
codified within the Monroe County Code of Ordinances. Blue Heron Park has been utilized as a County
Park since the County purchased the property in the early 1990s. However, this park was inadvertently
not included in the Code. The legal description for Blue Heron Park has been added to the proposed
ordinance along with rules and regulations regarding Pine Channel Nature Park.
During its regular meeting on August 17, 2022, the Board of County Commissioners adopted
Emergency Ordinance 020-2022 with respect to Pine Channel Nature Park.Accordingly, a new section,
18-31, is proposed specifically dedicated to Pine Channel Nature Park. This new section provides
comprehensive guidelines covering specific conduct, prohibited activities, regulations, and park hours
for Pine Channel Nature Park.
PREVIOUS RELEVANT BOCC ACTION:
2464
February 21, 2024: The BOCC approved a Request to Advertise a Public Hearing to consider an
Ordinance amending Chapter 18, Parks and Recreations of the Monroe County Code of Ordinances.
August 17, 2022: The BOCC, at its regularly scheduled meeting adopted Emergency Ordinance 020-
2022, codifying emergency rules and regulations applicable to Pine Channel Nature Park.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Proposed Ordinance
Business Impact Estimate
Pine Channel Nature Park--Emergency Ordinance 020-2022
FINANCIAL IMPACT:
Effective Date: 02/21/2024
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted: N/A
Source of Funds:
CPI:
Indirect Costs:Staff time and possibly new signs.
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: TBD
Grant: N/A
County Match: N/A
Insurance Required: No
Additional Details:
2465
ORDINANCE NO.
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, AMENDING SECTION 18-27 OF THE
MONROE COUNTY CODE OF ORDINANCES,
ENTITLED "RULES OF CONDUCT AND
OPERATIONAL PROCEDURES FOR CERTAIN
PARKS" TO INCLUDE PARK HOURS FOR HARRY
HARRIS PARK, BLUE HERON PARK, AND PINE
CHANNEL PARK AND MODIFICATION TO THE
HOURS AT BAY POINT PARK, BIG COPPITT
VOLUNTEER FIRE DEPARTMENT PARK,
FRIENDSHIP PARK, KEY LARGO COMMUNITY
PARK, BIG PINE KEY PARK, AND MURRAY E.
NELSON GOVERNMENT CENTER PARK AND
CODIFYING THE CREATION OF THE PINE
CHANNEL NATURE PARK AND BLUE HERON
PARK; BY AMENDING CHAPTER 18, ARTICLE II,
BY THE ADDITION OF SECTION 18-31 TO
INCLUDE A SECTION ON CONDUCT SPECIFIC TO
THE PINE CHANNEL NATURE PARK FOR
PROHIBITED ACTIVITIES AND REGULATIONS
AND PARK HOURS 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 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 programming at the County's parks
and recreation 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 BOCC further intends that this Ordinance be adopted to protect
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the public health and safety and promote safe use of Bay Point Park,Big Coppitt Volunteer
Fire Department Park, Friendship Park, Key Largo Community Park, Harry Harris Park,
Blue Heron Park,Murray E.Nelson Government Center Park,Big Pine Key Park, and Pine
Channel Nature Park; and
WHEREAS, Harry Harris Park, Pine Channel Nature Park, and Blue Heron Park
do not currently have hours codified in the Code of Ordinances; and
WHEREAS,the hours of Bay Point Park, Big Coppitt Volunteer Fire Department
Park, Big Pine Key Park, Friendship Park and Murray E. Nelson Government Center
should be modified to reflect the uses at the Park; and
WHEREAS,the Monroe County Sheriff and his deputies are authorized by law to
enforce Florida Laws and County Ordinances; and
WHEREAS, Harry Harris Park, Pine Channel Nature Park, and Blue Heron Park
must have hours of operation established by Ordinance in order for the Sheriff and his
deputies to enforce those hours; and
WHEREAS, an amendment to section 18-27 of the Code of Ordinances providing
hours of operation for Harry Harris Park and Blue Heron Park and modification of the
hours at Bay Point Park, Big Coppitt Volunteer Fire Department Park, Big Pine Key Park,
Friendship Park and Murray E. Nelson Government Center Park will promote the health,
safety and welfare of the citizens and visitors of Monroe County; and
WHEREAS, the BOCC purchased the property known as Blue Heron Park in Big
Pine Key in 1990; and
WHEREAS, Blue Heron Park has been operated as a park by the County for at
least as long as the County has owned the property; and
WHEREAS, the creation of the park was inadvertently never codified in the
Monroe County Code of Ordinances; and
WHEREAS, the BOCC now wishes to codify those rules and regulations into the
County Code of Ordinances to achieve uniformity with the County's rules and regulations
concerning other County parks and beaches; and
WHEREAS,the Florida Department of Environmental Protection,operating as the
State of Florida Department of Environmental Protection, Division of Recreation and
Parks, Office of Greenways and Trails, as Sublessor, entered into a sublease of the Property
with Monroe County, as Sublessee, under a Sublease Agreement (No. 4341-001) dated
May 6, 2014, currently referred to as Pine Channel Nature Park; and
WHEREAS, the County obtained the sublease of the Property for the purpose of
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2467
protecting and restoring native habitats while providing opportunities for public recreation
and enjoyment; and
WHEREAS, since leasing the property, the County has worked with the Florida
Department of Transportation (FDOT) and the Monroe County Tourist Development
Council (TDC)to obtain grants and other funding to develop the property and provide an
open air public recreational park for the community; and
WHEREAS, the BOCC, at its regularly scheduled meeting on April 20, 2022,
approved "Pine Channel Nature Park" as the name for this Property; and
WHEREAS, the BOCC, at its regularly scheduled meeting on August 17, 2022,
adopted Emergency Ordinance 020-2022, codifying rules and regulations applicable to
Pine Channel Nature Park; and
WHEREAS, the BOCC adopts and incorporates the recitals in Emergency
Ordinance 020-2022 as additional legislative intent of the BOCC pertaining to this
Ordinance; and
WHEREAS, the BOCC now wishes to codify those emergency rules and
regulations into the County Code of Ordinances to achieve uniformity with the County's
rules and regulations concerning other County parks and beaches; and
WHEREAS, the BOCC further intends that this Ordinance be adopted to protect
the public health and safety and promote safe use of both Blue Heron Park and Pine
Channel Nature Park; and
WHEREAS,it is the intention of the BOCC that this Ordinance shall establish and
codify within the Monroe County Code of Ordinances Blue Heron Park and Pine Channel
Nature Park.
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: That Section 18-27 of the Code of Ordinances is hereby amended
as follows*:
Sec. 18-27. -Rules of conduct and operational procedures for certain parks.
(a) Definitions. The following words,terms and phrases,when used in this article,shall
have the meanings ascribed to them in this subsection, except where the context clearly
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indicates a different meaning:
Big Pine Key Park means Tract A, Whispering Pines Subdivision, Plat 43 as recorded in
Plat Book 4 at Page 59 in the Public Records of Monroe County, Florida(RE4286360-
000000) formerly known as Mariners Resort.
Blue Heron Park means the area described as follows: Tracts DW and EJ,Pine Key Acres,
Big Pine Key,Florida as recorded in Official Records Book 509,at page 1047,of the Public
Records of Monroe County, Florida.
Burr Beach Park means the area described as follows: Section 33, Township 62, Range
38, Park Sunny Haven PB1-185 Key Largo (Alternate Key: 8654944, Parcel ID:
00557181-000000).
Palm Villa Park means the area described as follows: Park-Palm Villa, Big Pine Key RE#
00285080-00000; Plat Book 1-89, Section 23, Township 665, Range 29E(61 acres).
Pine Channel Nature Park means the area situated in Section 27, Township 66, Range 29,
Big Pine Key, Monroe County, State of Florida, Alternate Key No. 8968334, Parcel ID
No. 00111740-000100.
Ramrod Park means Lot 2, Block 3, Silver Shore Estates, according to the plat thereof as
recorded in Plat Book 4, Page 111 of the public records of Monroe County, Florida, RE#
00211080-000000.
(c) Park hours
(1) The parks and beaches listed above are open to the public,Monday through Sunday,
from 7:30 a.m. until sunset with the following exceptions:
• Bay Point Park is open every day from 7:30 a.m. until 1Qi3A.r. sunset with the
exception of the tennis court. The Bay Point Park tennis court is open every day
from 7:30 a.m. until 10:00 p.m.,
• Bernstein Park is open every day from 7:00 a.m. until 10:00 p.m.;
• Big Coppitt Volunteer Fire Department Park is open every day from 7:30 a.m.
until 10:00 9:00 p.m.;
• Big Pine Key Park is open every day from 7:30 a.m. until 44 9:30 p.m.;
• Blue Heron Park is open every day from 7:30 a.m. to sunset with the exception
of the pickleball courts. The Blue Heron Park pickleball courts are open every
day from 7:30 a.m. until 9:00 p.m.
• Burr Beach Park is open every day from sunrise until sunset;
• Friendship Park is open every day from 7:30 a.m. until 8 i30 p.mrsunset with the
exception of the basketball courts. The Friendship Park basketball courts are
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open every day from 7:30 a.m. until 9:00 p.m.;
• Harry Harris Park is open every day from sunrise until one-half hour after sunset,
with the exception of the athletic fields. The Harry Harris Park athletic fields are
open every day from sunrise until 10:00 p.m.,
• Key Largo Community Park is open every day from 7:00 a.m. to 9-.009:30 p.m.;
• Murray E.Nelson Government Center Park is open every day from 7:00 a.m.until
900 p.mr one-half hour after sunset;
• Pine Channel Nature Park is open every day from 7:30 a.m. until one-half hour
after sunset,
• Rowell's Waterfront Park is open every day from 7:30 a.m. until one-half hour
after sunset;
• Watson Field Park is open every day from 7:30 a.m. to 10:00 p.m.
SECTION 3: Article 11, Conduct in Specific Parks, shall be amended as follows
by creating an additional separate section, 18-31, titled "Pine Channel Nature Park" to
include the following language:
Sec. 18-31. —Pine Channel Nature 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:
(b) Prohibited activities. The following activities are prohibited at Pine Channel Nature
Park:
Camping-.
Q Possession or consumption of alcoholic beverages. For the purposes of this section,
the term "alcoholic beverages" means distilled spirits and all beverages containing
one-half of one percent or more alcohol by volume.
Glass Containers.
Fires, campfires, personal grills, and bonfires. Charcoal fires will be permitted,
however,in the county-provided permanently installed grill structures in designated
areas.
Motorboats,jet skis, or motorized watercraft of any type.
to Golf balls and _golfing. No person may hit or otherwise propel, place, or leave _golf
balls in the park.
Q Operation of drones from the park premises.
Use, handling, possession, or discharge of fireworks or explosives.
tD Fishing.
10 Mooring.
11 Diving and jumping from the deck are prohibited.
12 Laving on picnic tables.
(c) Dogs. Dogs are allowed in Pine Channel Nature Park under the following
conditions:
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(1) Dogs must be kept on a leash no greater than eight(8) feet long_
(2) Dogs are not allowed in the swimming_ basin.
asin.
(3) All dogs must be accompanied at all times by an adult human owner or handler.
(4) Dog owners or handlers must clean up after do_sg and properly dispose of waste.
The County shall provide dog waste bags stations for this purpose.
(5) Dogs exhibiting aggressive behavior towards a human or animal or creating a
nuisance must be immediately removed from the park.
(6) There shall be no more than three (3) dogs per owner or handler per visit.
(7) Puppies under four(4) months of age are not allowed.
(8) If a dog digs,the dog must be stopped immediately, and the owner/handler must fill
the hole.
(9) All dogs must have current rabies vaccinations and county licenses and be wearing
their tags while in the park.
(10) Dogs in heat, ill, and having excessive fleas, ticks, or other internal or external
parasites, are not allowed.
(d) Parkin, . Patrons of Pine Channel Nature Park shall park vehicles inside the park
only in designated areas, and may not park along or on the right-of-way, bike paths, or
roadway of Overseas Highway. No person maypark, stand or stop a recreational vehicle
camper or trailer within the fenced, gated, or posted area of Pine Channel Nature Park.
(e) Docking, embarking and disembarking. The boat ramp shall only be used to launch
or land kayaks, canoes,paddle boards, and similar self-propelled watercraft.
(f) Preservation of ParkProperty and Wildlife. No person shall vandalize, deface, or
destroy any park property or equipment within a park site. No person shall damage ge or
remove plant material. No person shall harm or mistreat any wildlife.
(g) Penalties. A violation of any of the provisions set forth in this Ordinance shall be
punishable as provided in section 18-27(q) of the Monroe County Code of Ordinances.
SECTION 4: 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 5: 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 6: 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
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renumbered to conform to the uniform numbering system of the Code.
SECTION 7: 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 day of
, 2024.
Mayor Holly Merrill Raschein
Mayor Pro Tem James K. Scholl
Commissioner Craig Cates
Commissioner Michelle Lincoln
Commissioner David Rice
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By By
As Deputy Clerk Mayor/Chairperson
APPROVED AS TO FORM&LEGAL SUFFICIENCY
Monr �Vounty Attorney's Office
�')
N thalia Mellies Archer
Assistant County Attorney
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"e11UYY 'u
BUSINESS IMPACT ESTIMATE!
Meeting Date: 03/20/2024
Proposed Ordinance Title/Reference: The purpose of this ordinance is to provide hours of
operation for Harry Harris Park,Blue Heron Park,and Pine Channel Park. To amend the hours
of operation for Bay Point Park,Big Coppitt Volunteer Fire Department Park, Friendship Park,
Key Largo Community Park, Big Pine Key Park, and Murray E. Nelson Government Center,
along with the codification of the creation of Pine Channel Nature Park and Blue Heron Park
and related rules and regulations.
The Proposed Ordinance ❑ does ® does not fall under one of the following enumerated
exceptions:?
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation,
❑ The proposed ordinance relates to the issuance or refinancing of debt,
❑ The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget,
❑ The proposed ordinance is required to implement a contract or an agreement,
including,but not limited to,any Federal,State,local,or private grant or other financial
assistance accepted by the county government,
❑ The proposed ordinance is an emergency ordinance,
❑ The ordinance relates to procurement,or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders,development agreements and development permits,
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts,
c. Section 553.73,Florida Statutes,relating to the Florida Building Code,or
d. Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served:
The proposed ordinance amends section 18-27 of the Monroe County Code of Ordinances
(MCC), entitled "Rules of Conduct and Operational Procedures for Certain Parks" in order to
include park hours for Harry Harris Park, Blue Heron Park, and Pine Channel Park. The
ordinance also amends the park hours for Bay Point Park, Big Coppitt Volunteer Fire
Department Park,Friendship Park,Key Largo Community Park,Big Pine Key Park,and Murray
E.Nelson Government Center Park,along with the codification of the creation of Pine Channel
Nature Park and Blue Heron Park and related rules and regulations.
The County has a substantial interest in ensuring and protecting the ability of the public to
enjoy the parks while safeguarding the public's health,safety and welfare.
Business impact statement must be posted on the county's website no later than the date the notice of proposed
enactment is published.
2 F.S.125,66(3)(c)(2023)
2473
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs: This ordinance is not intended to impact
any businesses in Monroe County.
b. New Charges/Fees on Businesses Impacted:There are no new charges or fees included in
this ordinance.
c. Estimate of Regulatory Costs: This ordinance is not intended to impact any businesses in
Monroe County.
Good Faith Estimate of Number of Businesses Likely Impacted:Monroe County staff estimates
that businesses are not likely to be impacted by this ordinance.
Any Additional Information:N/A
2474
ORDINANCE NO. 020 - 2022
AN EMERGENCY ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, PROVIDING FOR CREATION OF PINE
CHANNEL NATURE PARK; PROVIDING FOR PARK
HOURS; PROVIDING FOR PERMISSIBLE AND
PROHIBITED ACTIVITIES; PROVIDING FOR
PENALITIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,under Florida Statutes, Section 125.01(1)(f), the Board of County Commissioners
for Monroe County (BOCC or 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, the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida (Board of Trustees of the IITF) owns certain lands located at 29550 Overseas Highway,
Big Pine Key,Florida 33043, (Property), as part of the Florida Forever conservation and recreation
land acquisition program and was acquired for the purposes of conservation and recreation by
providing public access to outstanding Florida Waters; and
WHEREAS, the Board of Trustees of the IITF, as Lessor, leased the Property to the Florida
Department of Environmental Protection, Division of Recreation and Parks (DEP), as Lessee,
under a Lease Agreement, Old Keys Bridges Trail (No. 4341), dated November 2, 2001; and
WHEREAS,DEP, operating as the State of Florida Department of Environmental Protection,
Division of Recreation and Parks, Office of Greenways and Trails, as Sublessor, entered into a
sublease of the Property with Monroe County, as Sublessee, under a Sublease Agreement (No.
4341-001) dated May 6, 2014; and
WHEREAS, the County obtained the sublease of the Property for the purpose of protecting
and restoring native habitats while providing opportunities for public recreation and enjoyment;
and
WHEREAS, there is also a Conservation Management Plan for the property pursuant to Fla.
Stat., Sec. 253.034, and the terms of the Sublease; and
WHEREAS, since leasing the property, the County has worked with the Florida Department
of Transportation (FDOT) and the Monroe County Tourist Development Council (TDC)to obtain
grants and other funding to develop the property and provide an open air public recreational park
for the community; and
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WHEREAS, the County has now completed its improvements to the Property and plan to
operate it as a County Park and serve as a rest stop and trailhead on the Overseas Highway Trail;
and
WHEREAS,the BOCC, at its regularly scheduled meeting on April 20, 2022, approved"Pine
Channel Nature Park" as the name for this Property; and
WHEREAS, the BOCC and County staff plan to have a grand opening of the Pine Channel
Nature Park on August 24, 2022; and
WHEREAS, the BOCC finds that providing Pine Channel Nature Park in Big Pine Key as a
free and open public recreational area will offer such a recreational park area that benefits the
families and citizens of Monroe County; and
WHEREAS, under Florida Statutes, Sec. 125.66(3), the BOCC is granted the authority for
emergency enactment of ordinances; and
WHEREAS, it is the vision and desire of the BOCC to immediately provide and make
available Pine Channel Nature Park as a public park beginning on August 24, 2022, through
emergency enactment of this Ordinance as permitted by Florida Statutes; and
WHEREAS,without proceeding through this emergency enactment,the Pine Channel Nature
Park in Big Pine Key would not have enforceable rules, thus delaying the grand opening of the
park area for several months and it would not be available for the public to enjoy and benefit from
during an important holiday for Monroe County citizens, that being Labor Day Weekend; and
WHEREAS, the BOCC further intends that this Ordinance be adopted to protect the public
health and safety and promote safe use of Pine Channel Nature Park; and
WHEREAS, the Monroe County' Sheriff and his deputies are authorized by law to enforce
Florida Laws and County Ordinances; and
WHEREAS, Pine Channel Nature Park must have written rules established by Ordinance in
order for the Sheriff and his deputies to enforce those rules; and
WHEREAS, the BOCC does hereby declare that an emergency exists, and that immediate
enactment of this Ordinance is necessary, and by no less than a four-fifths vote of the BOCC does
hereby waive notice of intent to consider this Ordinance; and
WHEREAS, it is the intention of the BOCC that this Ordinance shall establish the initial set
of rules for Pine Channel Nature 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 be codified
into the Monroe County Code of Ordinances after regular meetings as to any further development,
establishment, and implementation of Pine Channel Nature Park.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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SECTION 1: LEGISLATIVE FINDINGS AND INTENT. 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: EMERGENCY ENACTMENT. Pursuant to State law and based on the legislative
findings set forth herein, it is declared that an emergency exists requiring immediate action by the
BOCC.
SECTION 3: PINE CHANNEL NATURE PARK. For purposes of this Ordinance, Pine
Channel Nature Park means the area situated in Section 27, Township 66,Range 29,Big Pine Key,
Monroe County, State of Florida, Alternate Key No. 8968334, Parcel ID No. 0011174-000100,
and more particularly described as shown on Exhibit"A" attached hereto and made a part hereof.
SECTION 4: PARK HOURS. Pine Channel Nature Park shall be open every day from 7:30 a.m.
until Sunset.
SECTION 5: PROHIBITED ACTIVITIES. The following activities are prohibited at Pine
Channel Nature Park:
1. Camping.
2. Possession or consumption of alcoholic beverages. For the purposes of this section, the
term "alcoholic beverages" means distilled spirits and all beverages containing one-half of
one percent or more alcohol by volume.
3. Glass Containers.
4. Fires, campfires, and bonfires. Charcoal fires will be permitted, however, in the county-
provided permanently installed grill structures in designated areas.
5. Personal grills.
6. Motor boats,jet skis, or motorized watercraft of any type.
7. Golf balls and golfing. No person may hit or otherwise propel, place, or leave golf balls
in the park.
8. Operation of drones from the park premises.
9. Use, handling, possession, or discharge of fireworks or explosives.
10. Fishing.
11. Mooring.
SECTION 6: DOGS. Dogs are allowed in Pine Channel Nature Park under the following
conditions:
a. Dogs must be kept on a leash no greater than eight(8)feet long.
b. Dogs are not allowed in the swimming basin.
c. All dogs must be accompanied at all times by an adult human owner or handler.
d. Dog owners or handlers must clean up after dogs and properly dispose of waste. The
County for this purpose.
e. Dogs exhibiting aggressive behavior towards a human or animal or creating a nuisance
must be immediately removed from the park.
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f. There shall be no more than three (3) dogs per owner or handler per visit.
g. Puppies under four(4) months of age are not allowed.
h. If a dog digs, the dog must be stopped immediately, and the owner/handler must fill the
hole.
i. All dogs must have current rabies vaccinations and county licenses and be wearing their
tags while in the park.
j. Dogs in heat, ill, and having excessive fleas, ticks, or other internal or external parasites,
are not allowed.
SECTION 7: USE OF DECK Diving and jumping from the deck and mooring of boats are
prohibited.
SECTION 8: PARKING. Patrons of Pine Channel Nature Park shall park vehicles inside the
park only in designated areas, and may not park along or on the right-of-way, bike paths, or
roadway of Overseas Highway.
SECTION 9: DOCKING, EMBARKING and DISEMBARKING. The boat ramp shall only
be used to launch or land kayaks, canoes, paddle boards, and similar self-propelled watercraft.
SECTION 10: SHELTERS. Shelters are available on a first come first serve basis, but can be
reserved by calling 305-453-8808 or by visiting our website at www.monroecounty-fl.gov.
SECTION 11: CONCESSIONAIRE. Only a concessionaire and/or vendor approved by the
BOCC are allowed on the premises. No unauthorized commercial activity is allowed.
SECTION 12: PENALTIES. A violation of any of the provisions set forth in this Ordinance
shall be punishable as provided in section 18-27(p) and section 1-8 of the Monroe County Code
of Ordinances.
SECTION 13: 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 14: PRESERVATION OF PARK PROPERTY AND WILDLIFE. No person
shall vandalize, deface, or destroy any park property or equipment within a park site. No person
shall damage or remove plant material. No person shall harm or mistreat any wildlife.
SECTION 15: 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 16: FILING: Pursuant to F.S. §125.66(3), the Clerk is directed to transmit by email a
certified copy of this Ordinance to the Florida Department of State as soon after enactment as is
practicable and to the Municipal Code Corporation for publication; however, the editors at
Municipal Code Corporation are directed not to codify this Ordinance without further direction
from the BOCC.
4
2478
SECTION 17: EFFECTIVE DATE. This Ordinance shall become effective immediately upon
the Clerk's receipt of a confirmation email from the Department of State.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida,through emergency enactment procedures authorized by F.S. §125.66(3), on the 17th day
of August 2022.
0 Mayor David Rice Yes
fa..
23 � � Mayor Pro Tern Craig Cates Yes
s + o Commissioner Michelle Coldiron Yes
q< Commissioner James K, Scholl Yes
Commissioner Holly Merrill Raschein Yes
ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: D By:
s Depuiq Clerk Mayor
ZZI
MONROE WUNWATPOAN,EY'S OFFICE,
VED}1St6 ORM
_ G �
PATRICIA EQBLES
A$SfSTA�1T ��11 pp,,TT+��ORNEY
5
2479
EXHIBIT "A"
LEGAL DESCRIPTION OF THE SUBLEASED PREMISES
COMMENCING AT THE INTERSECTION OF THE EAST LINE OF GOVERNMENT LOT 1,SECTION 27,
TOWNSHIP 66 SOUTH,RANGE 29 EAST AND THE SOUTH RIGHT OF WAY LINE OF U.S.HIGHWAY
NO. 1, BEAR WEST ALONG THE SOUTH RIGHT OF WAY LINE OF U.S.. HIGHWAY NO. 1, FOR A
DISTANCE OF 450 FEET,TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREINAFTER
DESCRIBED;FROM SAID POINT OF BEGINNING,BEAR SOUTH AND PARALLEL WITH THE EAST
LINE OF GOVERNMENT LOT 1, SECTION 27, TOWNSHIP 66 SOUTH, RANGE 29 EAST, FOR A
DISTANCE OF 327.12 FEET,TO A POINT; THENCE BEAR WEST AT RIGHT ANGLES AND ON A
LINE PARALLEL WITH THE SOUTH BOUNDARY LINE OF GOVERNMENT LOT 1,FOR A DISTANCE
OF 380 FEET,MORE OR LESS TO THE SHORELINE OF PINE CHANNEL;THENCE MEANDER THE
SHORELINE OF PINE CHANNEL IN A NORTHWESTERLY DIRECTION FOR A DISTANCE OF 280
FEET MORE OR LESS,TO THE SOUTH RIGHT OF WAY LINE OF US,, HIGHWAY NO. 1;THENCE
RUN EASTERLY ALONG THE SOUTH FLIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1 FOR A
DISTANCE OF 458.14 FEET MORE OR LESS,BACK TO THE POINT OF BEGINNING.
TOGETHER WITH
A PARCEL OF SUBMERGED LAND IN NORTH PINE CHANNEL,WESTERLY OF AND ADJACENT TO
A PART OF GOVERNMENT LOTS 1 AND 2 IN SECTION 27, TOWNSHIP 66 SOUTH, RANGE 29
EAST,MONROE COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE EAST LINE OF GOVERNMENT LOT 1,SECTION 27.
TOWNSHIP 88 SOUTH,RANGE 29 EAST AND THE SOUTH RIGHT-OF-WAY LINE OF U.S.HIGHWAY
NO. 1;THENCE RUN N 88'50'02'W ALONG THE SOUTH RIGHT-OF-WAY LINE OF U.S.HIGHWAY
NO. 1,A DISTANCE OF 450.00 FT.;THENCE S 00015'42'W,PARALLEL WITH THE EAST LINE OF
V.S.GOVERNMENT LOT 1,A DISTANCE OF 224.88 FT.TO THE INTERSECTION WITH THE SOUTH
LINE OF U.S.GOVERNMENT LOT 1,SAME BEING THE NORTH LINE OF U.S.GOVERNMENT LOT 2:
THENCE IN U.S.GOVERNMENT LOT 2,CONTINUE S 00'1542*W,102.24 FT.;THENCE N 88'57'55'
W, PARALLEL WITH THE NORTH LINE OF U.S. GOVERNMENT LOT 2, A DISTANCE OF 367.50
FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF NORTH PINE CHANNEL FOR A
POINT OF BEGINNING; THENCE S 44.43'50' W, 150.00 FT.; THENCE N 45*16*10' W. 12.80 FT;
THENCE N 80'26'46'W. 73.13 FT.;THENCE N 28'00'S2'W,94.69 FT.;THENCE N 00'38'44'W,A
DISTANCE OF 69.54 FT.TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF U.S.
HIGHWAY NO.1 PER STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTIONS 90020 AND
90020.2533;THENCE RUN N 77'08'58'E ALONG SAID SOUTH RIGHT-OF-WAY LINE,A DISTANCE
OF 153.49 FT.TO THE MEAN HIGH WATER LINE OF NORTH PINE CHANNEL;THENCE ALONG
SAID MEAN HIGH WATER LINE APPROXIMATED BY THE FOLLOWING COURSES;S 00*36"'E,
65.51 FT.;THENCE S 28.00'52'E,14.50 FT.;THENCE S 60'26'48'E,49.49 FT.;THENCE S 45'18'1('
E.A DISTANCE OF 32.78 FT.TO THE POINT OF BEGINNING,BEING AND LYING IN SECTION 27,„
TOWNSHIP 86 SOUTH,RANGE 29 EAST,MONROE COUNTY,FLORIDA.
LESS AND EXCEPT:
COMMENCE AT THE INTERSECTION OF THE EAST LINE OF U.S.GOVERNMENT LOT 1,SECTION
27, TOWNSHIP 66 SOUTH, RANGE 29 EAST AND THE SOUTH R11GHT-OF WAY LINE OF U.S.
HIGHWAY NO. 1,PER STATE ROAD DEPARTMENT RIGHT-OF-WAY MAPS SECTIONS 9=0 AND
90020-2533: THENCE RUN N 68.50'OY W ALONG SAID SOUTH RIGHT-OF-WAY LINE OF U.S.
HIGHWAY NO.1, A DISTANCE OF 450.00 FT. FOR A POINT OF BEGINNING; THENCE RUN
S 00'15'42'W,PARALLEL WITH THE SAID EAST LINE OF U.S.GOVERNMENT LOT 1,A DISTANCE
OF 60.00 FT.; THENCE N 89.41'18' W. PERPENDICULAR WITH LAST DESCRIBED LINE, A
DISTANCE OF 30.00 FT.;THENCE N 00'1542'E,PARALLEL WITH SAID EAST LINE OF U.S.
Page 1 of 2
SS�M- I)Ro_ _ED ,p0
Page 15 of 224 Pages
Sublease No. 4342-001
R 05/11
2480
GOVERNMENT LOT 1, A DISTANCE OF 60.29 FT. TO THE AFORESAID SOUTH RIGHT-OF-WAY
LINE OF U.S.HIGHWAY NO. 1 AND A POINT ON THE ARC OF A CURVE WHOSE RADIUS POINT
LIES S 00*21*14' W. 1859.86 FT.; THENCE RUN EASTERLY ALONG SAID SOUTH
RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF DO'48'44',
A DISTANCE OF 26.37 FT.TO THE P.T.OF SAID CURVE; THENCE S 88.50'02'E, ALONG SAID
SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 3.63 FT.TO THE POINT OF BEGINNING,BEING AND
LYING IN SECTION 27,TOWNSHIP 66 SOUTH,RANGE 29 EAST,MONROE COUNTY,FLORIDA.
C8/KOOlson BSM APPROVED
Parcels 9554&9658
Revised Desulption
Includes Submerged Pafcel
Page 2 of 2
Page 16 of 214 Pages
Sublease No. 4341-001
R 05/11
2481
GV�S COURTq c
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
September 13, 2022
Department of State
Administrative Code& Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Emergency Ordinance No. 020-2022 of the Board of County
Commissioners of Monroe County, Florida, providing for creation of Pine Channel Nature Park;
providing for park hours; providing for permissible and prohibited actiVities; providing for
penalties; and providing an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on August 17, 2022. Should you have any questions
please feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court&Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by.•Liz YonPzre, Deputy Clelk
cc: Parks and Beaches
Cotulty Administrator
Cotulty Attorney_
MuniCode
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
2482
irr '
pw'
I FLORIDA DEPARTMENT Of'STAT'E"
RON DESANTIS CORD BYRD
Governor Secretary of State
September 13, 2022
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Liz Yongue
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. 020-2022, which was filed in this office on September
13, 2022.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 2483