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                                             Chapter 13.5
                                   PARKS AND RECREATION*

                                     ARTICLE I. IN GENERAL
Sec. 13.5-2. The Pines County Park.1
         (a)    Definitions:
         (1)    ;;The Pines County Park: Commencing at the intersection of the southwest corner of
                the U.S. Government property, as indicated on plat of survey of a "Portion of
                Roosevelt Boulevard," as recorded in Plat Book 2, Page 17, Monroe County Records,
                and the northerly right-of-way line (curbline) of Roosevelt Boulevard, bear S
                8237'20" E along the northerly right-of-way line (curbline) of Roosevelt Boulevard for
                a distance of 90 feet to a point on the easterly curbline of Faraldo Circle, said point
                also known as the point of beginning; thence continue along the northerly right-of-
                way line for a distance of 259.86 feet to a point; thence bear N 1033'00" E for a
                distance of 223.87 feet to a point; thence bear N 8040'30" W for a distance of 243.56
                feet to a point; thence bear S 0713'50" W for a distance of 203.38 back to the point of
                beginning.
         (2)    Alcoholic beverage: Any beverage containing more than one (1) percent ethyl one-
                half of one alcohol by volume.
         (b)    Prohibition on Alcoholic Beverages:
         (1)    No person shall possess any container containing any alcoholic beverage while at
                The Pines County Park.
         (2)    The board of county commissioners may waive the provisions of this section upon a
                resolution of the board. However, any such waiver may only be granted to a
                nonprofit organization, shall require the presence of security guards in the number
                the board determines necessary to preserve the public order, and shall require
                liability insurance naming Monroe County as an additional named insured in a form
                and amount satisfactory to the county administrator.
         (3)    Nothing in this section shall be construed as waiving or exempting any nonprofit
                organization from whatever permits may be required by the City of Key West.
      (c)    Fires Permitted Only in Designated Areas: No person shall cook or light or maintain
any cooking fire, campfire, or other fire at The Pines County Park except in county-provided
permanently installed grill structures or personal barbecue grills in designated areas.
      (d)    Park To Be Closed During Certain Hours: The Pines County Park shall be closed
during the hours of 11:00 p.m. to 7:00 a.m. No person shall enter or remain at The Pines County
Park during those hours.
       (e)    Penalties: Violations of this section shall be prosecuted in the same manner as
misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the state in a
court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction
shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the

1
    Legal Analysis: 1979 Code § 13.5-2. The Pines County Park. N.B. 1979 Code § 13-9 prohibitions
         consumption of alcohol at parks. The prohibition in this section is broader and has,
         therefore, been retained; however the definition of alcoholic beverage has been conformed
         to F.S. § 561.01. Deleted subsection (d) as covered by 1979 Code § 13-8 and subsection
         (e) as covered by chapter 1.
                                                                                            Page 2 of 10

county jail not to exceed sixty (60) days or by both such fine and imprisonment.
(Code 1979, § 13.5-2; Ord. No. 113.5-1991, §§ 1—5; Ord. No. 36-1998, § 1)


Sec. 13.5-3. Higgs Beach County Park.2
         (a)    Definitions:
         (1)    Higgs Beach County Park: That area in the City of Key West, Florida, beginning at
                the intersection of the actual low-water line of the Atlantic Ocean and the westerly
                edge of White Street; thence north along the westerly edge of White Street to its
                intersection with the southern edge of Casa Marina Court; thence westerly along the
                southern edge of Casa Marina Court until its intersection with the eastern edge of
                Reynolds Street; thence southerly along the eastern edge of Reynolds Street until its
                termination; thence in a straight line from such termination to the actual low-water
                line of the Atlantic Ocean; thence easterly along such low-water line to the point of
                beginning, including, however, any piers, docks, jetties, boat ramps, or similar
                structures extending waterward of such actual low-water line.
         (2)    Alcoholic beverage: Any beverage containing more than one (1) percent ethyl alcohol
                by volume.
         (3)    Fenced, gated and posted area shall be that portion of Higgs Beach County Park
                which the director of county division of public works has, for purposes of public
                safety and welfare, caused to be enclosed by fencing of any type, including, but not
                limited to chain-link fencing and post-and-rail fencing, and has posted with signs
                regarding special hours and parking prohibitions.
         (b)    Prohibition on Alcoholic Beverages:
         (1)    No person may possess any container containing any alcoholic beverage while at
                Higgs Beach County Park except for on-premise sale and consumption within the
                enclosed restaurant and restaurant patio area. The restaurant exception only
                applies if:
                a.     The county/restaurant lessee contract allows for the on-premise consumption
                       and sale of alcoholic beverages; and
                b.     The restaurant lessee has whatever approvals and permits are needed from
                       the State of Florida and the City of Key West for the on-premise sale and
                       consumption of alcoholic beverages.
         (2)    The board of county commissioners may also waive the prohibition of this subsection
                (b)(1) on a per event basis upon a resolution of the board. However, any such waiver
                may only be granted to a nonprofit organization, must require the presence of
                security guards in the number the board determines necessary to preserve public
                order, and must require liability insurance naming Monroe County as an additional
                named insured in a form and amount satisfactory to the county administrator.
Nothing in this subsection may be construed as waiving or exempting any nonprofit organization
from whatever permits or approval may be required by the City of Key West or the State of
Florida.


2
    Legal Analysis: 1979 Code § 3.5-3. Higgs Beach County Park.. N.B. 1979 Code § 13-9
         prohibitions consumption of alcohol at parks. The prohibition in this section is broader and
         has, therefore, been retained; however the definition of alcoholic beverage has been
         conformed to F.S. § 561.01. Deleted subsection (f) as covered by chapter 1.
                                                                                                  Page 3 of 10

        (c)     Restrooms To Be Closed During Certain Hours: Restroom facilities at Higgs Beach
County Park shall be closed from 11:00 p.m. to 7:00 a.m. and no person shall enter or use such
facility for any purpose during those hours.
      (d)    Fires Permitted Only in Designated Areas: No person shall cook or light or maintain
any cooking fire, campfire, or other fire at Higgs Beach County Park except in county-provided
permanently installed grill structures or personal barbecue grills in designated areas.
       (e)   Park To Be Closed During Certain Hours: Higgs Beach County Park shall be closed
during the hours of 11:00 p.m. to 6:00 a.m., except that the fenced, gated, and posted area of Higgs
Beach County Park shall be closed from sunset to 6:00 a.m. No person, other than a member of the
Higgs Beach Neighborhood Watch, shall enter or remain at county park or the fenced, gated, and
posted area during the hours they are closed. This section shall have no application to persons
traveling upon Atlantic Blvd. between White Street and Reynolds Street. The "Higgs Beach
Neighborhood Watch" referenced in this section is a not-for-profit community association whose
membership is comprised of residents of the area bounded on the east by Bertha Street, on the
north by United Street, and on the west by Simonton Street, in the City of Key West, who have
undertaken to report promptly to the sheriff any crimes or violations of this article observed by
them while in the park. The sheriff shall maintain a current membership roll of the Higgs Beach
Neighborhood Watch.
       (f)     Penalties: Violations of this section shall be prosecuted in the same manner as
misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the state in a
court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction
shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the
county jail not to exceed sixty (60) days or by both such fine and imprisonment.
       (g)     No person may park, stand or stop a recreational vehicle or camper within the
fenced, gated, or posted area of Higgs Beach County Park.
        (h)    The wood pier at Higgs Beach may be used for activities related to swimming,
sunbathing and recreation which does not endanger the safety of swimmers, sunbathers and
persons engaged in meditation. Fishing, including but not limited to spear fishing, net casting, use
of rod and reel, is prohibited.
(Code 1979, § 13.5-3; Ord. No. 16-1991, §§ 1—6; Ord. No. 24-1995, § 1; Ord. No. 1-1997, § I; Ord. No. 33-1998,
§§ 1—3; Ord. No. 36-1998, § 2; Ord. No. 2-2000, § 1; Ord. No. 18-2001, § 1; Ord. No. 008-2002, § 1; Ord. No.
026-2002, § 1)


Sec. 13.5-4. Ultralight aircraft prohibited at certain county boat ramps. 3
       (a)    For the purposes of this section, ultralight aircraft means any heavier-than-air,
motorized aircraft which meets the criteria for maximum weight, fuel capacity, and airspeed
established for such aircraft by the Federal Aviation Administration under part 103 of the Federal
Aviation Regulations.
       (b)    The following boat ramps may not be used for the launching of ultralight aircraft or
retrieving such aircraft from the water:
         (1)    The Barcelona Drive boat ramp, Big Coppitt Key;
         (2)    The Cudjoe Road boat ramp, Cudjoe Key;
         (3)    The Old State Road 4A boat ramp, Little Torch Key;


3
    Legal Analysis: 1979 Code § 13.5-4. Ultralight aircraft prohibited at certain county boat ramps.
         Deleted subsection (c) as covered by code chapter 1.
                                                                                                Page 4 of 10

         (4)    The Koehn Road boat ramp, Big Pine Key;
         (5)    The Bittersweet Avenue boat ramp, Big Pine Key;
         (6)    Reserved.
         (7)    Reserved.
         (8)    Reserved.
         (9)    The Garden Cove boat ramp, Key Largo;
         (10)   The Largo Sound Park Club boat ramp, Key Largo;
         (11)   The Sunset Point boat ramp, Key Largo;
         (12)   The Harry Harris Park boat ramp, Key Largo.
        (c)     Violations of this section shall be prosecuted in the same manner as misdemeanors
are prosecuted. Such violations shall be prosecuted in the name of the state in a court having
jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction shall be
punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county
jail not to exceed sixty (60) days or by both such fine and imprisonment.
(Code 1979, § 13.5-4; Ord. No. 59-1996, § 2; Ord. No. 13.5-1998, § 2; Ord. No. 011-2002, § 1; Ord. No. 029-
2002, § 2)


Sec. 13.5-5. Rules of conduct and operational procedure for certain parks.4
         (a)    Definitions.
         (1)    ;Alcoholic beverages means distilled spirits and all beverages containing one-half ()
                of one (1) percent or more alcohol by volume. The percentage of alcohol by volume is
                determined by measuring the volume of the standard ethyl alcohol in the beverage
                and comparing it with the volume of the remainder as though the remainder
                ingredients were distilled water.
         (2)    Bay Point Park means the area described as follows: Lots 13, 14, 15, 16, 17, 18, 19
                and 20, Block 2, Bay Point Amended Plat, Bay Point Key according to the Plat
                thereof as recorded in Plat Book 3, Page 75 of the Public Records of Monroe County,
                Florida, RE#'s 00160060, 00160070. 00160080, 00160090, 00160100-0160130.
         (3)    Bernstein Park means the area described as follows: Lots 1, 2, 3, 4 and 5, Block 57,
                George L. McDonald's Plat of Part of Stock Island, less the Westerly eight (8) feet of
                Lot 1 and less the Easterly thirty (30) feet of Lot 5, according to the plat thereof as
                recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida.
                Also a parcel of submerged land lying South of said Block 57, less that portion sold
                to Stock Island Utility Company by Warranty Deed recorded in Official Records
                Book 866, Pages 2446-2450, of the Public Records of Monroe County, Florida, TWP
                .67/68 RNG. 25 SEC. 35, 36 & 2 RE# 12385 OR 380-381-382.
         (4)    Big Coppitt Volunteer Fire Department Park means the area described as follows:
                Block 4, Lots 3, 4 and 5 Coppitt Subdivision Amended Plat, Big Coppitt Key, OR:
                761-408, Plat Book: 4-50, Section 22, Township 67S, Range 26E.
         (5)    Palm Villa Park means the area described as follows: Park-Palm Villa, Big Pine Key

4
    Legal Analysis: 1979 Code13.5-5. Rules of conduct and operational procedure for certain parks.
         N.B. 1979 Code § 13-9 prohibitions consumption of alcohol at parks. The prohibition in this
         section is broader and has, therefore, been retained. Deleted subsection (i) as covered by
         chapter 1.
                                                                                  Page 5 of 10

       RE# 00285080-00000; Plat Book 1-89, Section 23, Township 66S, Range 29E (.61
       acres)
(6)    Wilhelmina Harvey Park means the area described as follows: Block 2. Lot 4, 5, 6
       and 7, amended Plat of Coppitt Subdivision, Section 22, Township 67S, Range 26E
       as recorded in Plat Book 4, Page 50 of the Public Records of Monroe County. Florida.
       Said amended Plat is a resubdivision of that subdivision originally recorded in Plat
       Book 3, Page 116.
(7)    Reserved.
(8)    Reserved.
(9)    Little Duck Key Park means the area described as follows: Little Duck Key, Lot 1,
       Section 19, Township 66S, Range 31 E, OR: 15-374-376, RE# 00106160-000000;
       Alternate Key: 1124800.
(10)   Reserved.
(11)   Reserved.
(12)   Reserved.
(13)   Old Settlers Park means the area described as follows: A tract in Government Lot 2,
       Section 34, Township 62 South, Range 38 East, comprising portions of Lots 16 & 17,
       according to the George L. McDonald Plat of the Albury property, as recorded in Plat
       Book 1, Page 64, RE#90020, 90030, 90040-0001, 90070, 90090, 90100, 90120 and
       90130 and that portion of Lot 16 as identified in Book 397 Page 737 of the Official
       Records of Monroe County.
(14)   Friendship Park means the area described as follows: Lots 29, 30, 31 and 32, Block
       2, Hibiscus Park Subdivision. Lots 15, 16, 17, 18, 19, 20 and 21, Block 4, Industrial
       Acres Subdivision, Section 22 & 27, Township 61S, Range 39E.
(15)   Garden Cove Park means the area described as follows: Tract F, Key Largo Beach, a
       subdivision in Section 33, Township 61 South, Range 39 East, Key Largo Key,
       Monroe County, Florida, as recorded in Plat Book 2, page 149, Public Records of
       Monroe County, Florida.
(16)   Harry Harris Park means the area described as follows: Portions of Government Lot
       3 and 4, Section 27, Township 62S, Range 38E, lying in open waters of Tavernier
       Harbor and Florida Bay. Government Lot 3, Section 27, Township 62S, Range 38E,
       Key Largo, Monroe County, Florida, as per Government Township Map made in
       1873 and approved by the Surveyor-General in 1874, less the following described
       portion thereof, which is above the mean high tide line: Beginning at the SE corner
       of said Government Lot 3 and run N on the E line of Government Lot 3, a distance of
       27 feet more or less to the mean high tide line on the shore of Florida Bay; thence
       SW'ly meandering said mean high tide line, a distance of 55 feet more or less to the
       S line of said Government Lot 3; thence E on the S line of said Government Lot 3; a
       distance of 38 feet more or less to the point of beginning. Government Lot 4 in
       Section 27, Township 62S, Range 38E, Key Largo, Monroe County, Florida as per
       Government Township Map made in 1873 and approved by the Surveyor-General in
       1874, less the following described portion thereof, which is above the high tide line:
       Beginning at the SW corner of Government Lot 4 and run E on the S line of said
       Government Lot 4, a distance of 220 feet more or less to the shore line on the W side
       of Tavernier Harbor; thence NW'ly along said shore line a distance of 400 feet more
       or less to the W side of said Government Lot 4, thence S 13 of 30' W along said W
       side of Government Lot 4, a distance of 400 feet more or less to the point of
                                                                                           Page 6 of 10

              beginning. The above two parcels contain a net acreage of 70.98 acres, more or less.
       (17)   Sunset Point Park means the area described as follows: Tract A of Sunset Point,
              according to the Plat thereof, recorded in Plat Book 2, Page 81 of the Public Records
              of Monroe County, Florida, together with all riparian rights thereunto belonging or
              in any use appertaining, less the following tracts: Less that part of Tract 4 above
              described as platted in Sunset Point Addition, according to the Plat thereof, recorded
              in Plat Book 3, Page 41 of the Public Records of Monroe County, Florida, and
              thereon referred to as Lot 12 and Sunset Lane; and Less a tract or strip of land ten
              (10) feet wide and extending from the "Boat Basin" as shown on the plat of Sunset
              Point Addition above referred to and running parallel to the SW'ly boundary line of
              said Lot 12 and the SW'ly line of Sunset Lane and as shown on said plat and said
              strip ten (10) feet wide extending as above stated from the "Boat Basin" to the north
              line of Sunset Road.
       (18)   Key Largo Community Park means Lots 312 to 384, Port Largo Fourth Addition,
              Section 33, Township 61S, Range 39E, Monroe County, Florida. This parcel contain
              six hundred thousand fifteen six hundred twenty-three (615,623) square feet.
       (b)    Restrictions on alcoholic beverages.
       (1)    No person may possess any container containing alcoholic beverages at the parks
              listed above in this section.
       (2)    The board of county commissioners may waive the prohibition of this section upon a
              resolution of the board. Any waiver must require the presence of security guards in
              the number the board determines is necessary to preserve public order, and must
              require liability insurance, in a policy by a firm authorized to do business in the
              State of Florida, naming Monroe County as an additional named insured in a form
              and amount satisfactory to the county administrator.
         (c);Posting signs of enhanced penalties under F.S. § 893.13(1)(d). The director of facilities
maintenance shall place signs warning of enhanced penalties under F.S. § 893.13(1)(d). for persons
selling, manufacturing, delivering, or possessing with the intent to sell, manufacture, or deliver, a
controlled substance within two hundred (200) feet of the parks listed above. Said signs shall be
placed at each park entrance and at other locations near the parks' boundaries as the director of
facilities maintenance shall consider likely avenues of exit and entry.
      (d)   Park hours. 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, and Bernstein Park are open everyday from 7:30 a.m. until 10:30 p.m.;
   Friendship Park is open everyday from 7:30 a.m. until 8:30 p.m.;
   Key Largo Community Park is open everyday from 7:00 a.m. to 9:30 p.m.
   All persons and their vehicles that enter the parks during the open hours must leave the parks
by closing time, unless prior approval has been granted by the Monroe County Parks and
Recreation Coordinator by way of a use form for a specific event. Any vehicles in the parks when
the parks are closed will be towed away at the vehicle owner's expense.
       (e)    Special events and assemblies.
       (1)    Any person or organization who holds or conducts at any of the parks listed above, a
              public assembly that is subject to Ordinance No. 030-1996 (Ch. 10.5, art. II), must
              obtain approval under the provision of that ordinance.
       (2)    Any person or organization who holds or conducts any special events or assembly not
              subject to Ordinance No. 030-1996 (Ch. 10.5, art. II) must obtain approval and
                                                                                          Page 7 of 10

              scheduling through the public works parks and recreation coordinator (the
              coordinator) subject to already scheduled activities. A complete application and proof
              of insurance (if required) must be submitted to the coordinator at least seven days
              prior to the event or assembly.
       (3)    Athletic activity organizers who wish to use the recreational playing field on
              multiple occasions during a sports season must obtain approval from and schedule
              their activities with, the coordinator before the beginning of the season.
       (4)    Athletic activity organizers who wish to use the tennis courts for tournaments, etc.,
              must schedule their activities with the coordinator before the beginning of any such
              event.
       (5)    Events charging admission shall only take place in the area designated by the
              county parks and recreation division and the admission fees shall be collected only
              at such area as the coordinator designates.
        (f)     Tennis court, basketball court, and ballfield lights. Tennis court, basketball court
and ballfield lights may be used Monday through Sunday from ten (10) minutes before sunset until
closing time. Only public works employees may operate the lights. The use of the ballfield lights
must be approved by the county parks and recreation coordinator in advance. Requests for the use
of ballfield lights must be in writing, submitted to the coordinator no later than forty-eight (48)
hours for weekdays and seventy-two (72) hours weekend use prior to the intended dates, on an
approved county use form.
        (g)     Fires permitted only in designated areas: No person shall cook or light or maintain
any cooking fire campfire, or other fire at any park except in county-provided permanently
installed grill structures or personal barbecue grills in designated areas.
       (h)     Signs. The director of facilities maintenance must post each park entrance with a
sign briefly summarizing the park rules established by this chapter.
       (i)     Penalties. Violations of this section shall be prosecuted in the same manner as
misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the state in a
court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction
shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the
county jail not to exceed sixty (60) days or by both such fine and imprisonment.
       (j)    Admission fees. (Noncounty residents only). Federal holidays and weekends.
Admission fee for Harry Harris Park is five dollars ($5.00) per person plus an additional ten
dollars ($10.00) boat ramp fee for watercraft vessels with trailers.
       (k)   Golf balls. No person may hit or otherwise propel, place or leave golf balls in any
county park.
       (l)   Commercial activities. There shall be no commercial activity of any type on any
county beach or park, including but not limited to those listed above, without a lease or license
from the county.
        (m)     Prohibited. Except for animals that assist disabled persons, and except as provided
in (n) and (o), below, domestic animals are prohibited from all county parks. No person may cause
or allow any domestic animal (of whatever size), other than an animal that assists a disabled
person, to be brought to, or remain on, any county park other than those listed below in (n) and (o).
         (n)    Pets are allowed at Key Largo Park, Old Settlers Park, Wilhelmina Harvey Park,
Sunset Point Park and in those parts of Harry Harris Park and Higgs Beach County Park specified
in (o), subject to the following regulations:
       (1)    Pets must be leashed on a leash no greater than eight (8) feet long, unless and while
                                                                                        Page 8 of 10

             in the water and wet sand area of Sombrero Beach Park.
      (2)    Owners must clean up after pets and properly dispose of waste. The county shall
             provide Mutt Mitts and Doo-Drop In stations for this purpose.
      (3)    Pets exhibiting aggressive behavior or creating a nuisance must be immediately
             removed from the park.
       (o)    Pets are allowed at Higgs Beach County Park in Key West on paved surfaces and on
the open spaces lying southerly and easterly of West Martello Towers, and southerly and easterly
of the fence surrounding the FAA tower parcel. In Harry Harris Park, pets are allowed in the
green area north of the boat ramp with the exception of the ballfield.
        (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:
      (1)    There shall be a fence four (4) to six (6) feet high with a minimum access of a double
             entry gate and one maintenance gate.
      (2)    There shall be an area partitioned off for use by small dogs (under twenty-five (25)
             pounds).
      (3)    There shall be a waste disposal station with plastic bags and a covered garbage can
             by each entry gate.
      (4)    Lighting and water utilities shall be provided.
      (5)    There shall be signage 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 six (6) are not allowed. Children under sixteen (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 (3) dogs per owner or handler per visit.
             h.     Puppies under four (4) months are not allowed.
             i.     If a dog digs, the dog must be stopped immediately and the owner/handler
                    must fill the hole.
             j.     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 6:00 a.m. to 11:00 p.m. daily.
             m.     The county commission may establish additional rules governing the enclosed
                    greenspace by further ordinance.
      (q)    No person shall skate, rollerblade, skateboard or perform any similar activity in any
                                                                                                  Page 9 of 10

area of Key Largo Community Park except where designated by posted signs. Rules regulating the
use of the skate park at Key Largo Community Park shall be established by resolution of the board
of county commissioners or the county's contracted park operator, shall be provided to users, and
shall be posted at the skate park.
(Code 1979, § 13.5-5; Ord. No. 1-1997, § 2; Ord. No. 13.5-1998, §§ 3—9; Ord. No. 36-1998, § 3; Ord. No. 24-
1999, § 1; Ord. No. 43-1999, §§ 1, 2; Ord. No. 37-2000, § 1; Ord. No. 40-2000, § 1; Ord. No. 42-000, § 1; Ord.
No. 19-2001, § 1; Ord. No. 21-2001, § 1; Ord. No. 30-2001, § 1; Ord. No. 011-2002, §§ 2—5; Ord. No. 028-2002,
§ 1; Ord. No. 029-2002, §§ 3, 4; Ord. No. 032-2003, § 1; Ord. No. 001-2004, § 1; Ord. No. 034-2004, § 1; Ord.
No. 020-2006, § 1)



                                         ARTICLE II. BOARD*


Sec. 13.5-16. Created.
   There is hereby created in the county a board to be known as the Monroe County Board of
Parks and Recreation.
(Code 1979, § 13.5-16; Ord. No. 18-1983, § 1)

Sec. 13.5-17. Membership.
    The board shall consist of five (5) members, one (1) member of which shall be appointed by each
of the county commissioners, all of whom shall be residents of the county.
(Code 1979, § 13.5-17; Ord. No. 18-1983, § 2)
                                 5
Sec. 13.5-18. Term of office.
    The term of office for each member of this board upon appointment shall be four (4) years.
However, the initial appointments of the five (5) members shall be as follows: Commissioners from
Districts 1, 3 and 5 shall each appoint one (1) member to the board, whose appointments shall be
until January 1, 1985; commissioners from Districts 2 and 4 shall each appoint one (1) member,
whose appointments shall be until January 1, 1987. All appointments after January 1, 1985, shall
be for a period of four (4) years and shall be rotated in accordance with these staggered terms. All
subsequent appointments to the board shall be in accordance with these staggered terms. It shall
be the duty of the county administrator upon the passing of this article to select and designate, in
writing, a county employee to act as liaison with the county administration. The designee's duty
shall be to meet with this board and through the county administrator's office make arrangements
for any and all aid and assistance that can be given to this board in the performance of its duties.
The county liaison member will be a nonvoting member of the board.
(Code 1979, § 13.5-18; Ord. No. 18-1983, § 3)

Sec. 13.5-19. Officers.
    The board at its first meeting shall duly organize itself by electing one (1) of its members as the
chairman, one (1) of its members as the vice-chairman and one (1) of its members as secretary. The
terms of the officers so elected shall be for one (1) year, and the election of new officers shall occur
at the first regular meeting called by the board after the selection of new members as provided for
herein.
(Code 1979, § 13.5-19; Ord. No. 18-1983, § 4)



5
    Legal Analysis: 1979 Code § 3.5-18. Term of office. Deleted provisions for initial terms as
         obsolete.
                                                                                           Page 10 of 10

Sec. 13.5-20. Duties.
     It shall be the duty of the board to:
         (a)    Periodically review the facilities, programs, management, costs and the
                expenditures for maintenance of the parks, and for all revenues and funding relative
                to the parks program in this county for the present existing facilities.
         (b)    Cooperate with other recognized and approved county recreational groups, such as
                Florida Keys Conservation and Recreational Council, the Athletic Associations, etc.
         (c)    From time to time, make recommendations to the county commission for any and all
                improvements that are deemed necessary and appropriate. As part of the duties of
                this board, the same should study and from time to time make recommendations for
                additional facilities and park recreational areas and the programs to be connected
                therewith.
(Code 1979, § 13.5-20; Ord. No. 18-1983, § 5)

Sec. 13.5-21. Meetings; reports; disqualification of members; compensation.
     It shall be the duty of the board to:
         (a)    Meet at least once each quarter of each year, giving public notice of the meeting, and
                encouraging public input.
         (b)    Provide to the county commission a report at least quarterly (February, May,
                August, November) of each year describing its activities and/or recommendations.
    Should any member miss as many as three (3) consecutive meetings, whether regular meetings
or special meetings, that person will be automatically disqualified as a member of the board; and
the county commissioner whose appointee this person represents shall immediately appoint a
successor for the balance of the unexpired term of the vacant seat on the board.
    The members of this board shall be reimbursed only for automobile mileage to attend meetings
of the board, but no fee for compensation other than mileage shall be forthcoming or reimbursed.
(Code 1979, § 13.5-21; Ord. No. 18-1983, § 6)
                          6
Sec. 13.5-22. Funding.
   Funding and service to this board shall be included in the growth management division budget.
(Code 1979, § 5-22; Ord. No. 18-1983, § 7; Ord. No. 23-1989, § 1)




6
    Legal Analysis: 1979 Code § 13.5-22. Funding. Please review the official title referenced and
         advise as to any changes necessary to make same current.

				
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