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Ordinance 009-1977 ORDINANCE NO. 9 - 1977 AN ORDINANCE ESTABLISHING ADMISSION FEES FOR USE OF HARRY HARRIS PARK; SETTING FORTH REQUIREMENTS FOR ISSUANCE OF ADMISSION TICKETS AND ADMINISTRA- TION OF AND COLLECTION OF SAID ADMISSION CHARGES. ESTABLISHING PARK HOURS; REQUIRING REMOVAL OF ALL PERSONS AND VEHICLES AT THE CONCLUSION OF PARK HOURS; REPEALING ALL LAWS IN CONFLICT WITH THIS ORDINANCE; SETTING FORTH PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. LEGISLATIVE INTENT WHEREAS, in recent months the attendance of persons at Harry Harris Park, Tavernier, Monroe County, Florida, during week- ends and holidays has increased to such an extent that the park is oftentimes over-crowded and persons from Monroe County have difficulty in making use of the park, and WHEREAS, the costs to the local residents and taxpayers in maintaining and patrolling said park has increased so as to warrant the imposition of admission charges, now therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Effective July 2, 1977, and each Saturday, Sunday and legal holiday thereafter, there shall be fees charged the public for admission to Harry Harris Park, Tavernier, Monroe County, Florida, in accordance with the following schedule: ADMISSION FEE SCHEDULE a. Monroe County residents and/or taxpayers entering said park in motorized or non-motorized vehicles or on foot . . . free upon satisfactory proof of identification and residency pro- vided that Monroe County license tags alone shall not be deemed sufficient proof of residency. The nature and extent of the residency required for free admission is proof that the individual has a permanent residence or is a property owner of Monroe County. Page 1 of 3 Pages Toward this end, proof of such items of identification as voter registration cards, driver's licenses, tax payment receipts, library cards, etc., may be used to establish the required residency or property ownership in Monroe County. The test shall be residency coupled with present intent to make Monroe County his or her permanent home. b. Non-Monroe County residents or property owners entering said park by automobile or motorized vehicles (except motorcycles and motor-bikes) .$2.00 per day per vehicle c. Non-Monroe County residents or property owners over the age of 16 years and persons over the age of 16 years on non-motorized vehicles or on motorcycles or motor-bikes . .$1.00 per day per person d. Pedestrians or persons under the age of 16 years on non-motorized vehicles or motorcycles or motor-bikes regardless of residency . . . . .no charge. Section 2. Each vehicle or person upon payment of the above admission charge shall be issued an admission ticket which shall entitle said vehicle or person to readmission to the park that day without further charge :upon display of said ticket to the park attendant. Each ticket shall be color coded and consecutively numbered so that proper accounting may be made. The Monroe County Public Works Department shall be responsible for the administration of the Ordinance in the collection and the proper accounting for the admission fees so collected. Said fees shall be accounted for on a daily basis at the conclusion of that day. Signs shall be posted at the entrance way to the park displaying the admission fee schedule, park hours and requirement that all persons and vehicles be removed at the conclusion of park hours. Page 2 of 3 Pages Section 3. The park shall be open to the public Monday through Sunday from 8:00 o'clock A.M. to sunset and all persons and vehicles entering on any day shall leave by sundown of the same day. Vehicles remaining after hours shall be towed away at the owner's expense. Section 4. All ordinances, resolutions, rules and regu- lations in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 5. Effective upon enactment of this Ordinance, it shall be unlawful for any person to enter said park without first paying the admission fee called for in Section 1 hereof and it shall be unlawful for any person or vehicle to remain at said park after closing hours as required by Section 3. Violations of Section 1 and Section 3 shall constitute a misdemeanor violation of the second degree for each day of said violation and shall be prosecutable in a County Court by the prosecuting attorney thereof. and upon conviction shall be punishable by a fine not less than $15.00 nor to exceed $500.00 or by imprisonment in the County Jail not to exceed 60 days or by both such fine and imprisonment. Section 6. This Ordinance shall take effect upon receipt of the official acknowledgment from the Department of State acknowledging receipt of certified copy of this Ordinance and that said Ordinance has been filed in said office. I HERf~Y cmnn that Ud5 dmmmet1t has be-en rt,iav..~ed fer le-ga! ttrfHei<!,"!cy ~nd contcmt~.nd tlat tha same m~b wilil my approval. ~ 9:J r~s-- RICHARD G. PI. v:n Asst. CWilty Attorney Page 3 of 3 Pages ~- NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, May 17, 1977 at 1:00 P.M. at the Monroe County Sub- Courthouse, Marathon, Florida, and Tuesday, May 24, 1977 at 1:00 P.M. at the Monroe County Sheriff's Substation, Plantation Key, Florida, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. - 1977 An Ordinance Establishing Admission Fees for Use of Harry Harris Park; Setting Forth Require- ments for Issuance of Admission Tickets and Administration and Collection of said Admission Charges; Establishing Park Hours; Requiring Removal of All Persons and Vehicles at the Con- clusion of Park Hours; Repealing all Laws in Con- flict with this Ordinance; Setting Forth Penalty for Violations of the Ordinance; Providing an Effective Date. DATED at Key West, Florida this 22nd day of A pril, A.D. 1977. RALPH W. WHITE Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publish: April 28, 1977 ~\ j)ttrttar!! of ~tatt STATE OF" F"LORIDA THE CAPITOL TALLAHASSEE 32304 BRUCE A. SMATHERS MARY L. SINGLETON SECRETARY OF STATE Director, Division of Elections 904/488-7690 June 15, 1977 Honorable Ralph W. White Clerk of Circuit Court Monroe County Courthouse Key West, Florida 32040 Dear Mr. White: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of June 13 and certi- fied copy of Monroe County Ordinance No. 77-9, which was received and filed in this office on June 15, 1977. Kindest regards. Cordially, ( . ~:;Zv~~~/fj7 ~:i,) ~au of Laws L-/ NK/rnb