Item R2
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
October 20, 2004
Division
County Attorney
AGENDA ITEM WORDING
Public hearing of an ordinance adding Sec. 13.5-5, MCC, in order to enclose a
greenspace for dogs at Higgs Beach County Park of Key West.
ITEM BACKGROUND
"Higgs Beach Dog Park" was changed to "an endosed open greenspace for dogs at Higgs
Beach County Park."
PREVIOUS RELEVANT BOCC ACTION
Approval to advertise for one public hearing at the April 21st meeting. At the April 21st
meeting, the publiC hearing was tabled to be readvertised for the July 14th meeting.
meeting. At the July 14th meeting, the public hearing was tabled to be readvertised for the
October 20th meeting.
CONTRACT/AGREEMENTCHANGES
STAFF RECOMMENDATIONS
Approval.
TOTAL COST
BUDGETED Yes No
COST TO COUNlY SOURCE OF FUNDS
APPROVED BY: County Attorney _ OMB/Purchasing Risk Management
DIVlSION DIRECTOR APPROVAL~ o~~
JOHN R. COLUNS
DOCUMENTATION: Included
AGENDA ITEM II .~ d-
Commissioner Spehar
ORDINANCE NO.
- 2004
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ADDING SEC. 13.5-5 (p), MONROE
COUNTY CODE, IN ORDER TO ENCLOSE A GREENSPACE FOR DOGS AT
HIGGS BEACH COUNTY PARK OF KEY WEST; PROVIDING FOR
SEVERABIUTY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on April 18, 2001, May 16, 2001, and August 15, 2002, the Board of County
Commissioners of Monroe County, Florida, adopted Ordinances No. 19-2001, No. 21-2001, and No.
30-2002, respectively, authorizing pets in specified open spaces at Higgs Beach County Park subject
to certain conditions; and
WHEREAS, the Board Of County Commissioners Of Monroe County, Florida, have received a
request to establish a dog park at Higgs Beach, In the City of Key West, Monroe County, Florida; and
WHEREAS, Key West is well known as a dog friendly town; and
WHEREAS, it is not uncommon for dogs to go to work with their owners in Key West; and
WHEREAS, many Key West open air dining and drinking establishments welcome dogs with
their owners and even provide water for their canine visitors; and
WHEREAS, restrained dogs are allowed in some of the local parks frequented by toddlers
and the elderly who are susceptible to injury from unrestrained dogs; and
WHEREAS, enclosure of one of the areas previously designated as permitting pets would
provide the following benefits: a specific safe place for dogs to play, preventing dog Infringement
and waste in other areas, owners monitoring pet waste clean-up, requirement of proof of
vaccinations and licenses to enhance compliance with County Codes, and users of the park may
deter crime in neighboring areas; now therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1.
following:
Sec. 13.5-5, Monroe County Code Is hereby amended by the addition of the
(p) An open greenspace may be enclosed at Higgs Beach County Park, Monroe County,
Florida, located as set forth in attachment A, provided that said enclosed greenspace
shall meet the following minimum requirements:
(i) There shall be a fence four to six feet high with a minimum access of a
double entry gate and one maintenance gate.
(ii) There shall be an area partitioned off for use by small dogs (under 25
pounds).
(Iii) There shall be a waste disposal station with plastic bags and a covered
garbage can by each entry gate.
(iv) Lighting and water utilities shall be provided.
(v) There shall be slgnage with rules for enclosed greenspace use. Such rules
shall include, but not be limited to:
(A) Owners must clean up after pets and properly dispose of
waste.
(B) Pets exhibiting aggressive behavior or creating a nuisance
must be immediately removed from the enclosed greenspace.
(C) Children under age 6 are not allowed. Children under 16
must be accompanied by an adult.
(D) All dogs must have current rabies vaccinations and County
licenses and be wearing their tags while In the enclosed
greenspace.
(E) Dogs in heat, ill and having excessive fleas, ticks, or other
internal or external parasites are not allowed.
(F) All dogs must be accompanied at all times by an adult human
owner or handler.
(G) There shall be no more than three dogs per owner or handler
per visit.
(H) Puppies under 4 months are not allowed.
(I) If a dog digs, the dog must be stopped immediately and the
owner/handler must fill the hole.
(1) Park gates may not be left open at any time.
(K) No rollerblades, skateboards, or bicycles are allowed in the
enclosed greenspace.
(L) The hours shall be from 6 am to 11 pm daily.
(M) The County Commission may establish additional rules
governing the enclosed greenspace by further ordinance.
Section 2. 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.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 4. 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 5. 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 flied 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 day of , 2004.
Mayor Nelson
Mayor Pro Tem Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
jordParkHlggsDogs
Mayor/Chairperson
John Jones
Assistant City Manager
THE CITY OF KEY WEST
P.o. BOX 1409
KEY WEST, FL 33041-1409
525 Angela Street
(305) 292-8100
FAX 292-8234
October 20, 2004
Monroe County Commissioners
RE: Dog Park at Higgs Beach
Dear Co. Commission:
Attached is a letter from OMI on the city's water quality DNA testing project. A
statistical analysis of Ribotype Profiles of water sample E. Coli isolates for the year
2003 - 2004 combined and for the year 2004 isolated from 2003.
The test comparison data shows the comparison of DNA by category indicating a
percentage of Human, Dog, Chicken, Seagull, Raccoon, Pelican, and intermediate i.e., no
particular match.
The statistical data is a summary of all of the testing done at all of the city's outfalls.
You will note that the percent of human E Coli is less than 3% for both years. This
means that the city is doing an excellent job in sealing its sanitary sewer system and
correcting all of its sanitary sewer problems. The citizen's of Key West have spent more
than $80 Million Dollars over the years in improvements on its sanitary sewer system,
and the reported results here are indicative of that effort put forth by the city's tax payers.
The intermediate percentages are animal, but there is not enough data in the samples to be
98% sure of the animal type or the animals DNA is not in the data base. Note that dog
waste in the year 03-04 combined was 7.27% of the total, and for the year 2004 it was
8.12% of the total. This sample, again, is from all of the outfalls. Specifics samples
taken from Higgs Beach in the year 2004 showed percentages as high as 15%.
The Water Quality Committee's analysis of the data at the White Street outfall, which is
where the samples were taken from that caused the warnings for Higgs Beach,
determined that the seagulls, pelicans and chickens were of the highest percentage with
dog being the 4th highest percentage other than intermediate. It was determined that the
high percentage of bird DNA was coming from the wildlife rescue center at Sonny
McCoy Indigenous Park. The city is now in the process of eliminating this problem by
installing facilities which will allow all of the bird droppings to go into the sanitary
sewer. It has been determined that wild pelicans and seagulls have no basic impact on
the beach closures.
The City of Key West Water Quality committee is concerned that the concentration of
dogs running free in the small area adjacent to the city's storm drainage system will result
Key to the Caribbean - Average yearly temperature 770 F.
Q/~
in a large percentage of Dog DNA which will be the cause of future beach health
warnmgs.
The statistical data reports prove that the city has the means of analyzing the cause of the
beach closure and resultant beach health warnings, and it is expected that if the Higgs
Beach has health warnings after the wild life rescue center's sanitary improvements are in
that the reason for the beach warnings will be from the impact of the dog park. If this is
proven to be the case, the city will have to take action against the county and/or those
individuals responsible for the dog park.
The city's position is that a dog park is needed and the city is looking at various
locations. This, however, will take awhile. Water quality is a prime concern of all the
citizens in the Florida Keys, and especially in the City of Key West. It does not make
sense to place a dog park with a large concentration of dogs running free in a confined
area adjacent to the city's storm water drainage system which could result in health
warnings on Higgs Beach which would then endanger the citizen of Key Wet and tourists
who swim in the area. The city also wishes to be held harmless from any injury to
children who happen to get into the fence of the dog park and are harmed by any of the
dogs.
Once we put the sanitary sewer facilities in at the wildlife rescue facility in Indigenous
Park the resultant water quality will be mostly from pelicans and seagulls flying by the
area. Any health advisory warnings will be from them or from circumstances beyond the
city's control or from dogs, chicken, cats, and other animals that the city has control of
and can control by picking up and disposing of the feces in a proper manner. The City of
Key West holds the same position as that in Commissioner McCoy's article in that most
of the water quality problems are due to animal and in the next few years we will have
almost eliminated even the possibility of human E Coli in our surrounding waters. At
one time the human content was higher because of the homeless situation on Higgs and
Rest Beach. This problem has gone down considerably since the homeless have been
removed from the area. We now need to concentrate on the other animals. This means
that people who own these animals need to be aware that feces do cause a problem, and
owners do need to pick up after their animal.
Sincerely,
~/~
Assistant City Manager
Cc: Jim Roberts, Monroe County Manager
Julio A vael
Mayor Jimmy Weekley
City of Key West Commissioners
Key to the Caribbean - Average yearly temperature 770 F.
I ~ , Sandra
IfValters
CONSULTANTS, INC.
October 20, 2004
TO:
Monroe County Commission
FROM:
Sandra Walters
SUBJECT: Environmental issues regarding proposed enclosed dog park at Higgs Beach
The Florida Keys SPCA Dog Park Committee has retained the services of Sandra Walters
Consultants, Inc. to review the plans for a proposed fenced area within the existing dog park
across from Higgs Beach. Specifically, they have requested that I examine questions regarding
possible increases in dog-related contamination that could have harmful effects on nearshore
waters due to proximity to storm drains and ocean outfalls. The following summarizes my
[mdings:
I) A number of communities around the country have been establishing fenced dog parks of
this kind for the purpose of reducing ground and surface water contamination by
facilitating proper pick up and disposal of dog waste. Websites describing these facilities
report considerable success in accomplishing this goal, as the users of parks such as this
usually tend to be concerned about environmental issues and provide considerable peer
pressure to other users to clean up after their pets.
2) The stormwater collection basin that serves the Higgs Beach area is a total of 66.8 acres in
size. The proposed fenced dog park is only 1.5 acres in size, or approximately 2% of the
entire basin. Please see the large figure that shows the relative size of the basin and park.
3) I have reviewed DNA analyses of water samples taken in Key West to trace the source of
contaminants in stormwater. The samples were analyzed by Source Molecular
Corporation for the Key West Utilities Department, and were taken at a variety of sites
throughout the City. Reports from seven sampling events that took place between January
23, 2003 and July 20, 2004 were examined. Dog DNA was found in 20 of the 255
samples, which constitutes 7.84%. More than 50% of the samples came from
undetermined animal sources, and almost 30% came from bird sources, mostly from
pelicans. All sampling events had dog DNA comparison samples available. Therefore,
the current contribution of dogs to Key West stormwater contamination appears relatively
low.
4) In addition to people cleaning up after their pets, the grassed surface of the park provides a
natural filtration mechanism for nutrients contained in dog urine. The roots of the grass
will absorb a large amount of the liquid waste. Planting of stormwater treatment swales
with grass is conducted specifically to provide biological treatment to stormwater, and this
function is already occurring at the site.
5. While it does not appear that environmental concerns regarding the proposed fenced area
are significant, a few measures could be implemented to even further reduce the likelihood . \
of dog droppings reaching the nearshore waters. Swales could be constructed around the \ OV\
south and east borders of the fenced area to retain stormwater onsite. Also, solid-bottomed '\? 0
planters could be constructed and filled with sand, soil and tall grass, which is particularly 0
6410 FIFTH STREET, SUITE 3, KEY WEST, FL 33040 \
LOWER KEYS & KEY WEST 305-294-1238 . UPPER KEYS 305-664-2342 . MIAMI 305-661-4928 d-'
FAX 305-294-2164 . E MAIL SWCINC@BELLSOUTH.NET . WEBSITE WWW.SWCONSULTANTS.NET 0- .
I ~ , Sandra
""alters
CONSULTANTS, INC.
PAGE 2
attractive to dogs, and posts installed as well. Dog owners can be directed by signage to
lead their animals to these "pooch patches," which would completely contain urine in
conjunction with normal owner pickup and disposal of solid waste.
6. A site for a dog park located on S. Roosevelt Boulevard near the salt ponds that is not
grassed could actually experience more problems with waste runoff into adjacent waters
than could ever occur from the proposed site across from Higgs Beach.
I A ., Sandra
""alters
CONSULTANTS, INC.
Summary of DNA Testing Results
of Water Samples taken in Key West
Date Human Dog Chicken Pelican Seagull ? Total
7/20/04 2 8 7 4 24 45
4/27/04 6 3 18 2 16 45
3/29/04 4 4 5 15 4 33 65
2/20/04 5 2 3 6 3 11 30
9/30/03 4 16 20
7/3/03 1 5 5 14 25
6/23/03 1 5 5 14 25
Total 11 20 13 56 27 128 255
Percent 4.31% 7.84% 5.10% 21.96% 10.59% 50.20% 100.00%
Source: DNA laboratory data from Source Molecular Corporation, for Key West Utilities Dept.
Note: Samples taken from all over Key West. All sampling events had dog comparison DNA
6410 FIFTH STREET, SUITE 3, KEY WEST, FL 33040
LOWER KEYS & KEY WEST 305-294-1238. UPPER KEYS 305-664-2342. MIAMI 305-661-4928
FAX 305-294-2164 · E MAIL SWClNC@BELLSOUTH.NET . WEBSITE WWW.SWCONSULTANTS.NET
\D~
p\}O
~,Y
Page 1 of 1
John Jones
From: Greg.Smith@omiinc.com
Sent: Thursday, July 22,20042:23 PM
To: John Jones
Cc: David Fernandez
Subject: FW: DNA data
Importance: High
Here are the up-to-date, current facts concerning K-9 DNA.
"_.,' _.-- ... ._.,___ ...~.__.,.._u,_" '_'~"'_'_'___~__~'_'~____'___'_'_____'_.'_" .____.-'_." ~__.' ._.._ "'0"_'" _ ~__.._'..'_' _.__"."_.,, _._~ __._._._.._._.~,~,,__,____"_,__~,' M' -,-,----,--.---.------.~.-----~---,,--~---..--.-.- ----.-..- _.--..-",--,,--,,--,--"- -~_.,---
From: Smith, Greg/OMI/KEY
Sent: Friday, July 09, 2004 3:43 PM
To: 'jjones@keywestcity.com'
Subject: DNA data
Since June 27,2003 (when we developed the DNA database) we have analyzed 390 nearshore water samples
for DNA An overwhelming 378 isolates resulted as "Animal". As in animal versus human. 39 of those samples
were from a dog source. (5) five of the dog results came from the White Street outfall.
The remaining animal portion will is made up of pelicans, seagulls, chickens, and pigeons. Pelicans and Seagulls
are by far the largest contributor to the contamination found in our sampling series.
We got one human isolate determination at White Street outfall on the most recent series.
10/18/2004
MEMORANDUM
OMI
TO: John Jones, Assistant City Manager
COPY: E. David Fernandez, Utilities Director
FROM: Greg Smith, OMI/KEY
DATE: July 23,2004
SUBJECT: Proposed Dog Park
OMI is responsible for routine cleaning, maintenance, and point repair of the Key West
stormwater drainage infrastructure. In addition to those duties OMI regularly takes samples
from 23 locations around the island that include stormwater outfalls, to analyze for fecal
coliform contamination. When a sample result is above approved limits, the sample is
shipped to a contract laboratory for DNA analysis. This determines whether the
contamination is from a human or animal source, and in many cases will identify the source
as pelican, seagull, chicken, or dog in origin when compared to the Key West database
developed from local animals.
The area across from Higgs Beach that has been discussed for use as an enclosed "dog park"
is directly attached to the stormwater drainage line that discharges at the White Street Pier.
This stormwater drainage line is responsible for the drainage of an area extending from Von
Phister Street to the White Street Pier, including the Sirugo, Atlantic Drive, and Sunshine
A venue square, an area notorious for flooding during inundating rainfall events. The park is
connected to the stormwater drainage line by two slide gate valves that are normally closed to
allow the aforementioned areas to drain first. The park serves as a temporary retention pond
until surcharged pipe conditions subside and the park can be drained. It should be noted that
an extreme high water level in the park will automatically overflow into open grates designed
for that reason.
If pet waste is allowed to collect in the park, it would certainly contaminate all ponding water
that would eventually enter the stormwater flow via these slide gates, or in the case of severe
flooding, transported via overflow from the park.
Dog Park Proposal/07232004/gs
Page 1 of 1
John Jones
From: Greg.Smith@omiinc.com
Sent: Monday, July 26,20049:50 AM
To: John Jones; David Fernandez
Subject: FW: DNA Data
Revised memo.
~___.. __""~,__^~_",_,,_,,,_,,_,_,,__,__'___'_~"___"_'___'__,__,__.._.__..~_,.__~..___._.___ __..~,_.._.,__u___.___._w_~,___,,__," _..__.._.__~._..__~~_.__~___._______...____.._,__._.".__-----.-...-.-~._-~---.~.-.---.~..---.-..-.,-..- ._m_____
From: Smith, Greg/OMI/KEY
Sent: Monday, July 26,20049:12 AM
To: 'David Fernandez'; 'jjones@keywestcity.com'
Cc: 'Katy Boyer'
SUbject: DNA Data
Good Morning,
Attached you will find DNA data complete through July 2004 and a memo concerning the proposed dog park.
Greg
10/18/2004
10/18/2004 9:03 AM Page 1
C:\Documents and Settings\jjones\Local Settings\Temporary Internet Files\OLKE\OMI DNA Reports thru July 04.ZIP
Name
aMI - 8M 4498 to 8M 4512.pdf
aMI - 8M 4606 to 8M 4608.pdf
OMI- 8M 4716 to 8M 4719.pdf
aMI - 8M 4819 to 8M 4821.pdf
aMI - 8M 4842 to 8M 4845.pdf
aMI - 8M 5627 to 8M 5629.pdf
OMI- 8M 5695 to 8M 5696.pdf
aMI - 8M 6223 to 8M 6228.pdf
aMI - 8M 6311.pdf
aMI - 8M 6425 to 8M 6435.pdf
aMI - 8M 6485.pdf
aMI - 8M 6711 to 8M 6717.pdf
aMI - 8M 6789 to 8M 6791.pdf
aMI - 8M 6842 to 8M 6846.pdf
aMI - 8M 6902 to 8M 6926.pdf
OMI- 8M 6958 to 8M 6963.pdf
OMI- 8M 6964 to 8M 6969.pdf
aMI - 8M 7120.pdf
aMI - 8M 7343 to 8M 7351.pdf
aMI Comparison Analysis 022004.pdf
aMI Comparison Analysis 032904.pdf
aMI Comparison Analysis 061004.pdf
aMI Comparison Analysis 062303.pdf
aMI Comparison Analysis 070303.pdf
aMI Comparison Analysis 072004.pdf
aMI Comparison Analysis 093003.pdf
aMI Comparison Analysis 121503.pdf
aMI Comparison Analysis042704.pdf
aMI 8M 4348 to 8M 4349.pdf
aMI 8M 4350.pdf
aMI 8M 4403 to 8M 4406.pdf
aMI 8M 4407 to 8M 4410.pdf
32 file(s)
Size
74,171
22,973
25,923
23,074
22,960
20,072
16,715
29,433
13,924
44,227
13,661
32,052
20,215
25,796
88,340
29,461
29,527
13,913
38,539
32,115
34,478
47,111
30,937
31,650
32,553
88,368
42,786
62,782
15,805
14,647
22,422
26,332
1,066,962
Modified
6/22/2003 3:07 PM
7/3/20034:31 PM
8/7/2003 6:23 PM
8/29/2003 9: 12 AM
8/30/20033:32 PM
12/1/20031:29 PM
12/12/2003 1 :00 PM
2/13/2004 3:57 PM
3/5/20045:19 PM
3/26/200412:26 PM
3/26/2004 12:48 PM
4/19/20043:58 PM
4/23/2004 3:39 PM
5/24/2004 11: 12 AM
6/4/20044:09 PM
6/5/2004 2:32 PM
6/9/2004 3:51 PM
6/21/20042:42 PM
7/19/20049:07 PM
2/20/2004 7:32 PM
3/29/2004 4:26 PM
6/10/200412:13 PM
6/22/20032:37 PM
7/3/20034:29 PM
7/20/2004 9:50 PM
9/30/2003 7:51 PM
12/15/2003 3:38 PM
4/27/20044:19 PM
5/1/20034:47 PM
5/1/2003 3:56 PM
5/9/2003 1 :49 PM
5/9/2003 3:23 PM
Ratio
23%
28%
25%
27%
28%
30%
34%
26%
38%
20%
39%
23%
29%
25%
15%
24%
23%
38%
20%
25%
22%
18%
38%
34%
22%
46%
40%
43%
35%
42%
28%
27%
29%
Packed
56,896
16,619
19,553
16,812
16,578
14,136
11 ,109
21,652
8,658
35,473
8,396
24,678
14,380
19,286
74,760
22,472
22,614
8,653
30,858
24,076
26,972
38,568
19,327
20,787
25,314
47,989
25,812
35,643
10,240
8,456
16,099
19,118
761,984
Path