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Home My Public Portal About2012-12 Amending Section 19-13 - Public Demonstration-Gatherings-Performances-Athletic Events-EtcORDINANCE NO. 2012-12 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING SECTION 19-13 "PUBLIC DEMONSTRATION, GATHERINGS, PERFORMANCES, ATHLETIC EVENTS, ETC." TO REQUIRE ALL PERSONS WHO USE THE VILLAGE'S PUBLIC PARKS TO CONDUCT FITNESS `CLASSES/TRAINING TO REGISTER WITH THE VILLAGE, MEET CERTAIN REQUIREMENTS AND PAY A REGISTRATION FEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there is a growing demand for use of the Village of Key Biscayne's (the "Village") public parks for fitness classes/training; and 'WHEREAS, the Village values fitness and enjoyment of outdoor recreation areas; and WHEREAS, for the health safety and welfare of the Village residents and to effectively manage the use of Village parks, the Village desires to implement a program where all persons who wish to use Village parks to conduct fitness classes/training are required to register with the Village's Parks and Recreation Department, meet certain requirements and pay an annual registration fee (the "Program"); and WHEREAS, the Village Council wishes to amend Section 19-13 "Public demonstration, gatherings, performances, athletic events, etc." of the Code of Key Biscayne, Florida to allow for implementation of the Program; and WHEREAS, the Village Council finds that adoption of this Ordinance is necessary, appropriate, and advances the public interest. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recital Adopted. That the above -stated recitals are hereby adopted and confirmed. Section 2. Code Amended. That Section 19-13 "Public demonstration, gatherings, performances, athletic events, etc." of Chapter 19 "Parks Rules and Regulations" of the Code of Key Biscayne is hereby amended to read as follows: Sec. 19-13. - Public demonstration, gatherings, performances, athletic events, etc. (a) No band, procession, military company, or any company or group with flags, banners, or transparencies, shall be allowed upon any park or parkway or within any park without written permission of the Village Council of the Village of Key Biscayne, said permit to clearly define the nature of the activity, the limit of its scope and time of setting forth such other restrictions and requirements as the Village may deem necessary. (b) No person or persons shall engage in any organized or pick-up athletic events, games, practice for same, or exercise, such as football, baseball, softball, soccer, volleyball, utilizing a substantial portion of any park or recreation area without written permit of the Recreation Department, said permit to clearly define the nature of the activity, the limit of its scope and time and setting forth such other restrictions and requirements as the Recreation Department may deem necessary. fcl, No person or persons shall conduct fitness/training classes upon any park without first registering with the Recreation Department. paying an annual registration fee and meeting all other requirements as the Recreation Department may deem necessary (the "Program"). The Village may adopt administratively any and all rules and procedures for establishing and administering the Program. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand, notwithstanding the invalidity of any part. 2 Section 4. Inclusion in the Code. That it is the intention of the Village Council, and it is hereby ordained that this Ordinance shall become and be made a part of the Code of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on Second Reading. PASSED AND ADOPTED on first reading this 3rd day of July , 2012. PASSED AND ADOPTED on second reading this 11 h 'day of July , 201 ATTEST: iciao?" CONCHITA H. ALVAREZ, MMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFIC 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCE SPECIAL MEETING - JULY 10, 2012 in the XXXX Court, was published in said newspaper in the issues of 06/29/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor pro r' =• any person, firm or corporation any discount, reb- •mmission or : fund for the purpose of securi• _:,:-_-, sement for • .I' ation in the said (SEAL) before me this , A.D. 2012 MARIA MESA personally known to me B. THOMAS 7.1 Commission # DD 937532 iejExpires ni rff A mber 2, 2013 vw rlt9 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a Special Meeting to be held on Tuesday, July 10, 2012 at 7:00 p.m.. in the Council Chamber. located at 560 Crandon Boulevard, Key Biscayne. Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING SECTION 19-13 "PUBLIC DEMONSTRATION, GATHERINGS, PERFORMANCES, ATHLETIC EVENTS, ETC." TO REQUIRE ALL PERSONS WHO USE THE VILLAGE'S PUBLIC PARKS TO CONDUCT FITNESS CLASSESI TRAINING TO REGISTER WITH THE VILLAGE, MEET CERTAIN REQUIREMENTS AND PAY A REGISTRATION FEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 385-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Comments of any interested party relative to this matter may be submitted in writing and or presented in person at the public hearing. Conchila H. Alvarez, MMC Village Clerk 6/29 12-4-157/1910na9M