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Ordinance 009-1987 Commissioner John Stormont ORDINANCE NO. 009 -1987 AN ORDINANCE AMENDING ORDINANCE NO. 9-1977, ~13.5-1; ORDINANCE NO. 18-1977, ~1 CONCERNING HARRY HARRIS PARK, PROVIDING FOR INCREASE OF FEES, PROVIDING FOR USE PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF MONROE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is fiscally desirable to increase fees at Harry Harris Park to reduce operating and maintenance costs and to provide for capital improvements, and WHEREAS, expanded utilization of the park requires closer control over access and use of facilities, now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Section 1. That Chapter 13.5-1 (a) (2) Monroe County Code, be amended to read as follows: "(2) Non-County residents or property owners over the age of sixteen (16) years entering said park by automobile, motorized or non-motorized vehicles, or on foot, two dollars ($2.00) per day, per person. Persons under the age of sixteen (16), whether by automobile, motorized or non-motorized vehicle or on foot, regardless of residency, no charge." Section 2. That Chapter 13.5-1(a)(3) be repealed. That Chapter 13.5-1(a)(4) be repealed. That Chapter 13.5-1(c) be amended to read as Section 3. Section 4. follows: "(c) Hours. The beach area and boat ramp area of the park shall be open to the public, Monday through Sunday, from 8:00 A.M. to sunset and all persons and vehicles entering on any day utilizing those areas shall leave by sundown of the same day. Vehicles remaining after hours in those areas shall be towed away at the owner's expense. "The recreation area beyond the boat ramp may be utilized after sunset but no later than 11:00 P.M. for organized recreational purposes on Monday through Friday, or special activity purposes only on holidays or Saturday through Sunday. All parking for events and activities in the recreation area beyond the boat ramp shall be in that area only and shall exit at the conclusion of the event, if after sunset, through the secondary exit so provided, but shall remain no later than 11:00 P.M." Section 5. That Chapter 13.5-1 be amended to include subsection (f), to read as follows: "(f) Scheduling of activities. "(1) All special activities in the recreational area, beach area or boat ramp area, shall be scheduled through the County Administrator's office and shall be approved subject to prior scheduling or regular activ- ities and upon presentation of all required documents and proofs of insurance. "(2) Any regular softball or baseball activities utilizing the recreation area shall scheduled their activities with the park attendant prior to the com- mencement of any season. "(3) Any event charging admission shall do so only by clearance through the County Administrator and approval on each event by the County Commission, and may be subject to charges to cover cleanup and mainte- nance during and after each event. Any use or sale of alcoholic beverages shall be only upon approval of the Board of County Commissioners on an event by event basis. "Events charging admission shall only take place in the recreation area and such admissions shall only be collected at the entrance to the recreation area from the boat ramp area." Section 6, If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. 2 Section 7, All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 8. 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 renumbered to conform to the uniform numbering system of the Code. Section 9. This Ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of florida that this Ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21st day of April, A.D., 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By si:: 4/} (Seal) Attest: -tid./;. ~~~//),t. \, ADOPTED: 1",/-1'/ EFFECTIVE DATE: ~/-- dC-j - ~7 ~Jr s/f I SENT TO SECRETARY OF STATE'S OFFICE: 3 APPROVED AS TO FORM /"\ .' ANt> LEGAL SUFFICIEi'JCY. .. .. Ii \ 0.../ ,~ ,9Y 'f;;;.J t:J . ... _ '- / A-dy AtUlrney's Office ! . f' I { \ (O,~f <;~(.O- \) .fl (III'- tl..()UII" .. \...L' l.... t\ ,,-.Y'" 1 L r . / (2/\ ,~' I) /v Lt..... , . p",,' 1..../i$"O;,I"-\ t~:,,>O) / / (-- >(--- ,. '" /~~l-(!'~~-:-=--- ... /~\~-., - J-_J 1 .. __J C' '-_ l- f',. ~. (~ 1J!.~t1LIJ.a.e'-.J! '-" '//1 / i -, /2 (.) ( I-f /1 Ii.fl ( S i)>' -~ --t- _'l~!.~~_ \ "" t...t 0 ..'( -r- , .' -\.. "-- ,-IL /. '(0.' \t""-.,j."-,,,r-(C t {-2---.i.L~~_,(,-'S ':~-~'~~--f'd_P_'_______~ /'/1 r, . . ,.., rt I "-' elL flUI!'- Ct- SPLIT PARI< COOQ;P! .- seL<J1>-'~" r).-! (C ~ T /JII.... tl.:- Fence erected would separate boat ramp/beach area from recreation area. 1) Any special events, charity ball games, etc., to be held only in recreation area. 2) The admission policy in effect for boat ramp/beach area. If additional fees are to be charged for special events, charity ball games, etc., additional fee to be collected at gate between boat ramp area and recreation area. 3) During normal operating hours, main entrance is only entrance to park. Access to recreation area would be from boat ramp area. During after normal hours (ball games, etc.), the boat ramp/recreation area gate will be locked (a sign having been placed on the fence, "This gate closes at sundown"), allowing recreation traffic to continue through the secondary entrance gate. 4 .. NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, April 21, 1987 at 2:00 P.M. at the Elks Club, Tavernier, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. -1987 AN ORDINANCE AMENDING ORDINANCE NO. 9-1977, ~1-3,5; ORDINANCE NO. 18-1977, ~1 CONCERNING HARRY HARRIS PARK, PROVIDING FOR INCREASE OF FEES, PROVIDING FOR USE PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF MONROE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above ordinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 10th day of March, 1987. DANNY L. KOLHAGE Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) sielal PROOF OF PUBLICATION LoV �( THE FLORIDA KEYS KEYNOTER Published Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared CHARLOTTE S IKORA , who on oath, says that he is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in Monroe County, Florida; that the attached copy of advertisement, being a INTENT TO ADOPT COUNTY ORDINANCE IN THE-MAT-TER-OF--—ORDINANCE NO. 9—1 9 7 7 __ _ __ _ — - ---- - is the Court, was published in said newspaper in the issues of April 8 , 1 98 7 NOTICE OF Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- CON SIDER DOPTION OF COUNTY ORDINANCE thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously Tow OM IT TAAY CONCERN that on Tuesday,' April 21, 19871 at 2:00 P.M.-at the Elks Club, published in said Monroe County, Florida, each week (on Thursday)and has been entered as second Tavernier, Monroe County, Florida, the Board of County Commissioners of .Monroe class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one eider t TV)eFadoptionnof the follow-I Ing County Ordinance: 1 year next,preceding the first publication of the attached copy of advertisement; and affiant further Ordinance No.-1987 AN ORDINANCE. AMENDING' TI ORDINANCE5' ORDINANCE says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, corn- NO. 18-1977,.S�E`CTION 1 CON- CERNING HARRY HARRIS PARK PROVIDING FOR .IN- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. CREASE OF'FEES PROVID- ING FOR USE PROCEDURES; PROVIDING FOR SEVERA-I BILITY;PROVIDING FOR THE' REPEAL OF ALL ORDI-1 NANCES OR PARTS OF ORDI NANCES IN CONFLICT WITH' ' ae,e,,,/ -' / CODIS ORDINANCE• PR S OF��GG, ING FOR INCLUSIU`N IN THEICODE OF ORDINANCES OF�MONROE COUNTY; - ANDPROVIDING FOR AN'EFFEC-1 (SEAL) �� TIVE DATE.9Pursuant to Section 286.0105, • Florida Statutes, notice Is given SWORN TO AND SUBSCRIBED BEFORE ME THIS that if a person decided to ap- peal any decision made'by the ///������ Board with respect to any mat meetings, he will need a record= / ter considered at such herings or DAY-OF_ A.D. 19 of the proceedings,and that,for. - _" • - such purpose, he may need to ensure that a verbatim record of - - - /` 6 the proceedings Is made, which, - _ ' record Includes the testimony and evidence upon which the ap- _ pea _ Cop b. TARV.PUBLIC STATE OF FLORIDA. l Is to be bas Copies of the above ordinance -- _ variousare public libraries In Moon - BONDED-THRU GENERAL INS. UNO.- DATED K roe County,Florida. of Key - -- West, Florida; -' this 10th day of March 1987. ----- - - DANNY L.FCOLHAGE - - Clerk of the Circuit Court _ of Monroe County,Florida an ex officio Clerk of he Board,County Commissioners of Monroe County,Florida Publish:April 8,1987 Florida Keys Keynoter PROOF OF PUBLICATION THE FLORIDA KEYS KEYNOTER Published Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) • COUNTY OF MONROE ) Before the undersigned authority personally appeared CHARLOTTE SIKORA , who on oath, says that he is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in Monroe County, Florida; that the attached copy of advertisement, being a NOTICE TO CONSIDER ORDINANCE ADOPT ORDINANCE No . 9-1977 IN THE MATTER OF • in the Court, was published in said newspaper in the issues of March 25 , 1987 NOTICE OF Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper at Mara- INTENTION TO, YpublishedCONSIDER ADOPTION ,OF COUNTY ORDINANCE thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously NOTICE IS HEREBY'GIVEN TO WHOM IT MAY,CONCERN• that on Tuesday,•April 21; 4987 �•: al 2:00 P.M. of the Elks Club,. • published in said Monroe County, Florida, each week (on Thursday)and has been entered as second Tavernier, Monroe County: Florida, the Board of County__, Commissioners of Monrroef class mail matter at thepost office in Marathon, in said Monroe County, Florida, foraperiod of one County, Florida,nof intendshto con Sider the adoration of the foNow- Ing County Orddinance:• �: Ordinance No 1987 • year next preceding the first publication of the attached copy of advertisement; and affiant further ¢• AN ORDINANCE AMENDING, ORDINANCE NO.9-1977 SEC' says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, corn- NO 18-1977,NO.1 5 IONIf1�ANCE -CERI HARRY N HARRIS PARK PROVIDING FOR IN- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. CREASE OF FEES PROVID- ING FOR USE PROCEDURES, PROVIDING FOR SEVERA- BILITY;PROVIDING.FOR THE REPEAL OF ALL ORDI- NANCES OR PARTS OF.ORDI- THIS OS IN CONFLICT ROVID THIS ORDINANCE• IN THEI z2,4(744 SZa.e.4. 9 ING FOR,INCLUSION IN THEE CODE OF ORDINANCES OF, MONROE COUNTY; AND (SEAL) ( TIVRVDATE.FOR AN EFFEC• • Pursuant to Sectoon "give Florida Statuses, not notice is oive. SWORN,.TO"AND,SUBSCRIBED BEFORE ME THIS that if a person decided to awl peal any_decision made by the; (]/ Board with respect to any mall x ter considered at such herings op ^^""^ y" A.D. 19 Cl meetings,he will need a record • _ &2t/C � 2� rfe toe proceedipro,and that,fort,, such purpose, he may need a record of the purpose, he anthat, for such purpose, he mayy/= need to ensure that a verbatim. — record of the proceedings Is made,which record includes thefl TARY2 PUBLIC STATE OF FLORIDA testimony and evidence upon COi�NISSION EXP, AUG 28,199® which the appeal is to be based. ;,30NO:DTHRU GENERAL IN Copies of the above ordinance S. UND. are available for review at the various public libraries In Mon roe County Florida. -�- DATED of Key West, Florida, this 10th dDANNYaL hICOLHAGE Clerk of the Circuit Court • of Monroe County,Florida an ex officio Clerk of the; i*Board,County Commissioners • of Monroe County,Florida Publish:March 25,1987 Florida Keys Keynoter THE KEY WEST CITIZEN • Published Daily Key West, Monroe County, Florida 33040 • STATE OF FLORIDA) • ss. • COUNTY OF MONROE) . • kOUA Before the undersiged authority personally appeared c-NC-2_,• i , who on oath says that he is ' IQ` ' t I r U of the Key West Citizen, a daily hews— paper published at Key West in Monroe County, Florida; that ..the _,NOTICE OF INTENTION TO , attached copy of advertisement, being a CONSIDER ADOPTFON OF Noa.) NOTICE NS HEREBY G VEN TO WHOM IT MAY CONCERN that on Tuesday,April 21, 1987 at 2:00 P.M. cclu at the Elks Club,Tavernier,Monroe County Co :_i mmissioners ofoMonroe f in the matter of County, Florida, intends to caonsider /� the adoption of the following County $p , cap__; 1 C (3...e n( (a_c_ 1 Ordinance: ��� �/`�" l� p ORDINANCE NO. 1987 1AN ORDINANCE AMENDING 11' ORDINANCE NO.9-1977, Section 1-3,51 ORDINANCE NO. 18-1977 Section 1 CONCERNING HARRY' HARRIS PARK,,PR,OVID.ING.,F.QR:_x 1N-CR.E'ASE .•,; OF FE'ES,; ,PROVIDING" .' FO`R "(PS E-' (PROCEDURES; PROVIDING' OR' • SEVERABILITY; PROVIDING was published in said newspaper in the issues. FOR THE REPEAL OF ALL OR- DINANCES OR PARTS OF OR- • DINANCES IN CONFLICT WITH 1\00k,(C cs-�( a /lQ() b / 1qg /THIS ORDINANCE; PROVIDING IIi �/� FOR INCLUSION IN THE CODE • K OF ORDINANCES. OF MONROE Affiant further says that the said The K' COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. a newspaper published at Key West, in said Mo pursuant to Section 286.0105, • and that the said newspaper has heretofore bF Florida Statutes,notice is given that lished in said Monroe County, Florida, each !� decisions n decided t Boaral any and has been entered as second class mail may respect to any matter considered of - in Key West, in said Monroe County, Florida 1 such hearings or meetings, he will �i need a record of the proceedings, year next preceeding the first publication ; and that, for such purpose, he may of advertisement; and affiant further says t' need to ensure tnat a verbatim 3 y record of the proceedings is made, nor promised any person, firm or corporatiol which record inlcudes the testimony commission or refund for the purpose of sec stoevide ce ui,on which the appeal jt for publication in the said newspaper. Copiebs of the above ordinance are R_ r r�' e available for review at the various '� 1'r�,,, t��E�.1 c y+,f r %•�,�Ea�,• public libraries in Monroe County, �: 'it J �.r 2 s:)n� Florida nrr cc!nrr,is"�'� ` i DATED at Key West,Florida,this ROWED TFIKU GENERAL INSURAy_E i•i�' f 10th day of March,1987. II— (SEAL) DANNY L.KOLHAGE _ ` Clerk of the Circuit Court of Monroe County, { SWORN- AND BSCRI ED be re me this Florida�L� and ex officio Clerk of the Board of COMI County Commissioners of _ J C Monroe County,Florida y • March 25,April 8,1987 ,8 PS Form 3800, dune 1985 U.S.G.P.O.153-506 o p 0 o 3 r o v co_ ,{cDo S. -_I <D f c m a . y0 ,-� 39 'r 3 > 3 O 3 s. 5- fD s w' '.�" rl_ rri it 57--z> > D 3 D m a (1) �c!.) CD s,' CO 0 CS ( 6 y'a b''f �t` m f�D 0 0 C y A - W .m a imi a.. cos n 39 c N.I. 'S ;:: o t'' m ym -1 In 3 &D- 9 wi W n2 r im v v, N H. r o ® `p ieTTagS .u4ay \ •SENDER:Complete items 1 and 2 when additional services are desired,and complete items 3 and 4. ' Put your address in the"RETURN TO"space on the reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of delivery.For additional fees the following services are available.Consult postmaster for fees and check box(es)for additional service(s)requested. 1. ❑ Show to whom delivered,.date,and addressee's address. 2. ❑ Restricted Delivery. 3.Article Addressed to: 4.Article Number Mrs. Liz Cloud, Chief P 593 085 098 Bureau of Admin Code & L°i'fnfSr' ,,, Type of service: Department of State ❑ Registered ❑ Insured Certified ❑ COD The Capitol Express Mail Tallahassee, FL 32301 Always obtain signature of addressee or agent and DATE DELIVERED. 5.Signature-Addressee 8.Addressee's'Address(ONLY if C requestedrand.fee paid) , '=- Qom' 3ignatt -iti e...°##'_._,...- " r`-` ' ate of Delivery _ `, ' .',,i,,; �JJ n, 3811,Feb.1986 DOMESTIC RETURN RECEIPT 1Bannp 1.. kolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON. FLORIDA 33050 TEL. (305) 743-9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 April 27, 1987 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. 13051 852.9253 CERTIFIED MAIL RETURN RECIEPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, Florida 3230l Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 009-1987 amending Ordinance No. 9-1977, S13.5-l, Ordinance No. l8-l977, Sl concerning Harry Harris Park~ pro- viding for increase of fees~ providing for use procedures; etc. This Ordinance was adopted by the Monroe County Board of County commissioners at a Regular Meeting in formal session on April 21, 1987. Please file for record. Very truly yours, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners By: Rosalie L. C Deputy Clerk .'" Enclosure cc: Municipal Code Corp. County Attorney County Administrator Public Works Director S~~iff ~lp'5L]3 ~5" 018 ..."'...~.;';i:E...~.. .,~. Pl.~>'.'~ .. ""'."-1.-' o. , {\ ..,....~;~l;" Wf. "(t!~. ..,"............. Dorothy W. .Joyce D5fflt~}' =W',=G1ffi5ff Dt'puty Secretary For Elections 1802-[ 'lllC Capitol April 30, 1987 Honorable Danny L. Kolhage Clerk of the Circuit Court & Ex-Officio Clerk to the BCe Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Rosalie L. Connolly, Deputy Clerk FLOf<IDA DEYARTMENT OF STATE George Firestone Sl'l 'ctdry of SIdle Dear Mr. Kolhage: Pursuant to the provIsIons of Statutes, this will acknowledge: 1. Receipt of letter/s of and certified copy/ies of County Ordinance(s) Section 125.66, Florida April 27, 1987 Monroe #87-9 and #87-10 2. Receipt of relative to: County Ordinance(s) (a) which we have numbered (b) I which we have numbered 3. We have filed t~/these ordinances In this office on April 29, 1987. I 4. The original/duplicate copy/ies showing the filing dale is/are being returned for your records. Cordially, (M~ ~~ Bureau of Administrative Code LC / mb DIVISION OF ELECTIONS, Room 1,801, The <:apitol, Tallahassee, Florida 32301 (~:Zt) ~8f'''''fi~O ACKNOWLEDGMENT DATE: May 5, 1987 TO: IVbnroe County, Florida (Supplement No. 31) We are in receipt of the following material which will be con. sidered for inclusion in the next Supplement to your Code: Ordinance Nos. : 009-1987 010-1987 Thank you for your assistance and cooperation. tn f~ fM~ Robert L. Lulie Vice President . Supplements Municipal Code Corporation