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Charter is hereby repealed in its entirety.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