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HomeMy Public PortalAbout1995-14 Repealing applicable provisions of the code of metropolitan dade county, re Parks and RecreationORDINANCE NO. 95-14 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA RELATING TO PARKS AND RECREATION; REPEALING APPLICABLE PROVISIONS OF THE CODE OF METROPOLITAN DADE COUNTY REGARDING PARKS AND RECREATION; ADDING A NEW CHAPTER TO THE CODE OF THE VILLAGE OF KEY BISCAYNE REGARDING RULES AND REGULATIONS FOR ALL PARKS AND OTHER AREAS MAINTAINED AND OPERATED BY THE VILLAGE OF KEY BISCAYNE RECREATION DEPARTMENT AS WELL AS ALL BEACHES AND OCEAN AREAS AVAILABLE TO THE PUBLIC IN THE INCORPORATED AREA OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, Chapter 26 of the Code of Metropolitan Dade County regarding park rules and regulations is made applicable to the Village pursuant to Section 8.03 of the Village Charter; and WHEREAS, the Village, through its Recreation Department, has jurisdictional responsibility with regard to all Village parks and beaches and ocean areas available to the public in the incorporated area of the Village; and WHEREAS, the Council desires to (a) repeal Chapter 26 of the Code of Metropolitan Dade County regarding park rules and regulations as it is applied to the Village, and (b) establish rules and regulations relating to Village parks as well as all beaches and ocean areas available to the public in the incorporated areas of the Village in order to promote the health, safety and welfare of the citizens of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That Chapter 26 of the Code of Metropolitan Dade County regarding park rules and regulations which is made applicable to the Village pursuant to Section 8.03 of the Village Charter is hereby repealed in its entirety. Section 2. That the Code of the Village is hereby amended by adding a Chapter to be entitled "Park Rules and Regulations" which shall read as follows: Park Rules and Regulations for the Village of Key Biscayne, Florida Rule 1. Authority of Village of Key Biscayne Police Department officials and the Recreation Department officials (a) It shall be the duty and responsibility of the Village of Key Biscayne Police Department and the Recreation Department officials to enforce all State laws, County ordinances and these police regulations within the following areas of Village of Key Biscayne: (1) All parks and other areas maintained and operated by the Village of Key Biscayne Recreation Department. (2) All beaches and ocean areas available to the public in the incorporated area of the Village of Key Biscayne. (b) It shall be unlawful for any person to do any act forbidden or fail to perform any act required by these police regulations. Rule 2. Traffic ordinances. (a) The traffic ordinances of Dade County and applicable State vehicle laws shall apply in and about all park property and in addition thereto the following traffic regulations shall be applicable. Rule 3. Roads and driveways within parks. (a) No person driving, operating, controlling or propelling any vehicle, motorized, horse drawn or self-propelled, shall use any other than the regularly designated roads or driveways, except when directed to do so by 2 Police Officers or Recreation Department employees. Rule 4. Use of vehicles,trucks, buses, other heavy vehicles. (a) No car, truck, commercial vehicle, or bus of any type will be driven on any restricted park road or property without special authorization from the Recreation Department for the purpose of park work, services or activities except that trucks and buses used for transporting persons to a park for recreational purposes will be afforded use of ingress and egress park roads and parking facilities as provided for conventional passenger vehicles. Rule 5. Motorcycles and scooters. (a) No person shall ride, drive or propel any motorized vehicles i.e., motorcycle, scooter or similar vehicle on any but the regular vehicular roads except that such vehicles, with motors shut off, may be pushed by hand not faster that a walk over grassy areas normally reserved for the use of pedestrians and no person shall deviate from compliance with all traffic ordinance provisions governing the operation of bicycles while on park property. Rule 6. Parking. (a) No person shall park a vehicle any place on park property other than in the regular designated facilities provided for that particular type of vehicle, unless directed otherwise by Police officers or Recreation employees who are authorized to designate other areas for parking when conditions so warrant. Rule 7. Preservation of property. No person in the Village of Key Biscayne shall: (a) Destroy, damage or remove real property or itnprovements thereto, or movable or personal property, belonging to the Village of Key Biscayne. 3 (b) Throw or deposit, or permit to be deposited or scattered upon any sidewalk, alley, street, bridge or public passageway, or upon any public or private property, any waste or other material of any kind. (c) No person shall tamper or meddle with or alter the condition of any meter, valve or meter identification, or other part of such system in the Village of Key Biscayne, or appliance connected thereto, in such manner as to cause loss or damage to the owner of such facilities or the users thereof, or to create a hazard to life and property. (d) Tamper with, injure, deface, destroy or remove any sign, notice, marker, fire alarm box, fireplug, topographical survey monument,or any other personal property erected or placed by the Village of Key Biscayne. (e) Move, disturb, or take any earth, stone or other material from any public street, alley, park or other public ground. (f) No person shall write, paint, or draw any inscription, figure, or mark of any type on any public or private building or structure or other real or personal property, owned, operated, or maintained by the Village of Key Biscayne. (g) No fires shall be built by any person against or adjacent to any park building, structure, tree or plant or near the property of others or in any area of any park except in such areas as are specifically designated for fire building. Rule 8. Picnic areas and use. (a) No person shall build, light cause to be lighted any fire upon the ground or beach or other object in any area except in an approved grill, stove fireplace or other suitable container, nor shall any person staring a fire leave the area without extinguishing the fire. Rule 9 Domestic animals. 4 (a) No person shall be permitted to take any domestic animal into any park whether on leash, in arms or running at large, dogs in particular being excluded, and provisions of Metropolitan Dade County Dog Control Ordinance No. 58-28 [Sections 5-3 5-15] shall apply to any and all park property. Rule 10. Pollution of waters. (a) Using the fountains, bays or any other bodies of water within the parks, storm sewers or drains flowing into them as dumping places for any substance or matter which will or may result in the pollution of said waters is prohibited. Rule 11. Refuse and trash. (a) No person will deposit or drop or place any refuse including bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or containers of foil upon the round or in or on any park property except in the receptacles for trash disposal. Rule 12. Merchandising, vending, peddling, etc. (a) No person, persons, organization or firm other than the Recreation Department or persons acting by and under the authority of the Village of Key Biscayne will expose or offer for sale, rent or trade, any article or thing, or station or place any stand, cart, or vehicle for the transportation, sale or display of any article or merchandise within the limits of any park or recreation area. Rule 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. 5 (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. Rule 14. Intoxicating liquors, beer, wine, etc. (a) Drinking of alcoholic liquors or beverages and the bringing of such into the park areas shall be permitted only under the circumstances set forth in the following: 1. The sale of alcoholic liquors or alcoholic beverages at certain special specifically designated events will be under the authorization and control of the Recreation Department through issued permits. A permit will be required for civic and social organizations and must provide a license from the proper State authorities. (See fee schedule for special event functions) Such sales shall be made only in individual drinks or cans (not in original packages, i.e. glass or otherwise in bulk) and shall be served for consumption on the immediate premises of the concession. Rule 15. Drunkenness/violation of laws. (a) No intoxicated person or person whose conduct is in violation of state and local laws will be permitted entry to parks or recreation areas and if discovered therein will be ejected forthwith. Section 3. Severability. 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, 6 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. Section 4. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Key Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSFT) AND ADOPTED on first reading this 10th day of October , 1995. PASS;►) AND ADOPTED on second reading this 14th day of November , 1995. at, F. FESTA, MAYOR GUIDO H. /INGUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 40/ 4/049 RI JAY WEISS, VILLAGE ATTORNEY 7 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, 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 Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING 11/14/95 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA RELATING TO PARKS AND RECREATION, ETC. In the Of M1100001 Court, was published In said newspaper in the issues of Nov 3, 1995 Afflant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and afflant further says that she has neither paid nor promised any person or corporation any discouZ, rebate, commission nd f r the purpose of securUtt this advertisemen .1• o • Ilcat • n in the said news Octelma V. Fe VILLAGE OF KEY ,BISCAYNE PUBLIC NOTICE Notice is hereby given that the following ordinance will be consid- ered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday; November 14, 1995, at 7:00 p.m., in the Council Chamber, at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA RELATING TO PARKS AND RECREATION; REPEALING APPLICA- BLE PROVISIONS OF THE CODE OF METROPOLITAN DADE COUNTY REGARDING PARKS AND RECREATION; ADDING A NEW CHAPTER TO THE VILLAGE . OF KEY BISCAYNE REGARDING RULES AND REGULATIONS FOR ALL PARKS AND OTHER AREAS MAINTAINED AND OPERATED BY THE VILLAGE OF KEY BISCAYNE RECREATION DEPARTMENT AS WELL AS THE BEACHES AND OCEAN AREAS AVAILABLE TO THE PUBLIC IN THE INCORPORATED .AREA - OF THE VILLAGE OF KEY BISCAYNE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. - Interested parties are invited to appear and be heard. Copies of the proposed ordinance may be obtained at Village Hall, Office of the Vil- lage Clerk, 85 West McIntyre Street, Key Biscayne, Florida 33149. 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 eviderlce .spon which any appeal may be based (F.S. 286.0105). Guido H. Inguanzo, Jr., CMC Village Clerk 11/3 95-4-110310M OL4F1C1AL NOTARY SEAL orally known to m AGNFS PENH NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 172108 MY COMMISSION EXP. AN. 6,1996