HomeMy Public PortalAbout2023-08 Updating and amending Chapter 19 of the Village Code of Ordinances "Park Rules and Regulations" amending regulations relating to motorized vehicles, non-motorized vehicles and equipment within Village parksORDINANCE NO. 2023-08
AN ORD INANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, COMPREHENSIVELY UPDATING AND
AMENDING CHAPTER 19 OF THE VILLAGE CODE OF
ORDINANCES "PARK RULES AND REGULATIONS;"
AMENDING RE GULATIONS RELATING TO MOTORIZED
VEHICLES, NON MOTORIZED VEHICLES, AND
EQUIPMENT WITHIN VILLAGE PARKS; AMENDING
ENFORCEMENT AND PENALTY REGULATIONS;
PROVIDING FOR SEVERA BILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council of the Village of Key Biscayne (the "Village") has
adopted regulations regulating park rules within the Village under Chapter 19 of the Village Code
of Ordinances (the "Code"); and
WHEREAS, the Village Council finds it periodically necessary to amend its Code in order
to update regulations to implement goals and objectives and address safety concerns within the
Village's parks; and
WHEREAS, the Village Council desires to comprehensively amend and update Village
park rules, amend regulations relating to motorized vehicles, non-motorized vehicles, and
equipment within Village parks, and modify enforcement and penalty provisions within the Code;
and
WHEREAS, the Village Council finds that adoption of this Ordinance is in the best interest
and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:1
Section 1. Recitals. That the above-stated recitals are true and correct and are
incorporated herein by this reference.
Section 2. Amending Chapter 19, "Park Rules and Regulations," of the
Village Code. That Chapter 19 of the Code of Key Biscayne, Florida, is hereby amended to read
as follows:
CHAPTER 19 - PARK RULES AND REGULATIONS
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1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words. Changes
between first and second reading are indicated with highlighted d!!t,thle striketl~rnt,tgl~ and double underline
Page 1 of 5
Sec. 19 -1. A ppli cabili ty and A uthority of V ill age ef K ey B iseeyne Police D epartm ent effi eiels
and the Parks and R ecreation D epartm ent offi cials.
(a) It shall be the duty and responsibility of the V ill age of K ey B iscayne Police D epart m ent and
the Parks and R ecreation D epartm ent offi cials to enfo rce all State law s, C ounty ordinances
and these peltee regulations w ithin the fo llow ing areas of the V illage of K ey B iscay ne:
( 1) A ll parks and other recreational areas m aintained, leased, and opera ted by the V illage
of K ey B iscay n e R ecreat ion D epartm ent.
(2) A ll beaches and ocean areas available to the public in the incorp ora ted area of the
V ill age of K ey B iscayne.
(b) It shall be unlaw fu l fo r any person to do any act fo rbidden or fa il to perfo rm any act
required by these peltee regulations, unless authorized by V illage Police O ffi cers or Parks and
R ecreation offi cials.
(c) T he pro vision s of this C h apter shall not apply to V ill age offi cials in the perfo rm ance of their
offi cial duties or other uses authorized by the V ill age.
(d) The pro visions of this C hapter shall not apply to the use of any self-pro pelled w heelchair,
pow er w heelc h air, or other m obility device by an individual w ith a m obility im pairm ent.
Sec. 19-2. T raffi c ordinances.
T he tra ffi c ordin ances of M iam i-D ade C ounty and applicable State vehicl e law s shall apply in and
about all park pro pert y and in addition thereto the fo llow ing tra ffi c regulations shall be applicable.
Sec. 19-3. R oads and drivew ays w ithin parks.
N o person driv ing, opera tin g, contro lling or pro pelli ng any vehicl e that is, m otor ized, OOil-"
m@t@rizea, or horse dra w n @f self ~~eUea, shall use any other than the regularl y designated ro ads
or drivew ays, except w hen directed to do so by V illage Police O fficers or Parks and R ecreation
D epartm ent offi cials.em ploy ees.
Sec. 19-4. U se of vehicl es, truck s, buses, other heavy vehicl es.
N o car, tru ck, com m ercial vehicl e, or bus of any type w ill be driven on any restricted park ro ad or
pro pert y w ithout special authorization fr om the Parks and R ecreation D epartm ent fo r the purp ose
of park w ork, services or activities except that tru cks and buses used fo r tra nsport ing persons to a
park fo r recreational purposes w ill be affo rded use of ingress and egress park ro ads and parking
fa cilities as pro vided fo r conventional passenger vehicl es.
Sec. 19-5. M etereyeles end seeeters. M otoriz ed and non-m otoriz ed vehicl es or equipm ent.
@2 M otorized vehicl es. N o person shall ride, drive or pro pel any m otorized vehicl es h&.-;
(in cl udin g but not lim ited to a golf cart, m oped, m otorcycl e, m otorized scooter, electric
bicycl e or sim ilar m otorized vehicl e or equipm ent} on any but the regular vehicular ro ads
except that such vehicl es, w ith m otors shut off, m ay be pushed by hand not fa ster than a
w alk over gra ssy areas norm all y reserv ed fo r the use of pedestriansend , nN o m otorized
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v e h icl e o r e q u ip m e n t sh a ll b e u se d , w a lk ed o r p a rk ed on gra ss or tu rfe d ath le tic fi e ld s.
N o p e rso n sh a ll d e v ia te fr o m c o m p lia n c e w ith a ll tra ffi c la w s ord in an c e p ro v isio n s
g o v e rn in g th e o p e ra tio n o f m o to riz ed v e h icl e s o r eq u ip m en t w h ile o n p a rk p ro p e rt y .
{hl N o n -m o to riz e d v e h icl e s o r e q u ip m en t. N o p e rso n sh a ll rid e , d riv e o r p ro p el an y n o n
m o to riz e d v e h icl e s o r e q u ip m e n t (in cl u d in g b u t n o t li m ited to a b ic y cl e , tric y cl e , sk a te
b o a r d , sc o o te r, ro ll e r b la d e s, ro ll e r sk a te s o r sim ila r n o n -m o to riz ed v e h icl e o r eq u i12 m e n t)
€Hl ooy Village pwk prnperty, exeept OH the regular Village CouHeil desigmtted vehieular
roads, paved pathways, aHd trails that are desigHated for said pumose. "NohvithstaHdiHg
the foregoiHg, sueh vehieles or equipmeHt may be pushed by haHd Hot faster thaH a 1Nalk
over grassy areas Hormally reserved for the use of pedestri8.lls. However, ill HO evellt shall
a HOH motorized vehiele or equipmellt be used or vtalked on grass or turfed athletic fields.
No person shall deviate from compliance with all traffic laws governing the operation of
non-motorized vehicles or equipment while on park property.
Sec. 19-6. Parking.
No person shall park a vehicle (motorized or non-motorized) or equipment any place on park
property other than in the regular designated facilities provided for that particular type of vehicle
or equipment, unless directed otherwise by Police Officers or Parks and Recreation
officialsemployees who are authorized to designate other areas for parking when conditions so
warrant.
Sec. 19-7. Preservation of property.
No person in the Village of Key Biscayne shall:
(a) Destroy, damage or remove real property or improvements thereto, or movable or
personal property, belonging to the Village within Village parks. of Key Biscayne.
(b) Throw or deposit, or permit to be deposited or scattered upon any Village parksany
sidewalk, alley, street, bridge or public passageway, or upon any public or private
property, any waste or other material of any kind.
( c) Tamper or meddle with or alter the condition of any meter, valve or meter
identification, or other part of such system in the Village's parks 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) No person shall tiamper 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 within Village parks of Key
Biscayne.
(e) Move, disturb, or take any earth, stone or other material from any puhlie street, alley,
Village park or other public ground.
(f) No person shall ',vWrite, paint, or draw any inscription, figure, or mark of any type
on any Village park propertypublic or private building or structure or other real or
personal property, owned, leased, operated, or maintained by the Village of Key
Biscayne.
Page 3 of 5
(g ) N o fi re s s h a ll b e b u ilt b y a n y p e r s o n B u ild a n y fir e a g a in s t o r a dja c e n t to a n y p a rk
b u ild in g , s tru c tur e , tr e e o r p la n t o r n e a r th e p ro p e rty o f o th e rs o r in a n y a re a o f a n y p a rk
e x c e p t in s u c h a r e a s a s a r e sp e c ifi c a ll y d e s ig n a te d fo r fi r e b u ild in g .
***
Sec. 19-12 . M erch andising, vending, peddling, etc.
No person, persons, organization or firm other than the VillageReereation 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.
***
Sec. 19-18. Pen alt ies.
For the purposes of this Chapter:
a) A first offense or violation is subject to a $75 Village civil fine.
b) A second aftd sttbS@§U@Ht offense or violations @f this Cllat?t@r is subject to a $175 Village
civil fine.
c) A third and subsequent offense or violation is subject to a $500 Village civil fine.
~ To the extent permitted by law, parents or guardians will be held accountable for the actions
of minors in regards to violations of this Chapter.
***
Section 3. Severabili ty . 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.
Section 4. C odifi cation. That it is the intention of the Village Council and it is hereby
ordained that the provisions of this Ordinance shall become and be made a part of the Village's
Code of Ordinances, and 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. C onfli cts. That all ordinances or parts of ordinances, resolutions or parts of
resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 6. E ffective D ate. That this Ordinance shall become effective immediately
upon final adoption on second reading.
PA SSE D on first reading on the 14th day of March
PA SSE D A N D A D O P T E D on second reading on the 4th
, 2023.
day of April , 2023.
Page 4 of 5
Y!¼;~
JOEL RASCO
MAYOR
ATTEST: .•.r :
9E~p~ocb
VILLAGE CLERK
APPROVED AS TO FORM AND LEGALITY: i.l!..
WE ISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 5 of5
M IA M I-D A D E
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
ROSANA SALGADO, 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, of Miami-Dade County, Florida;
that the attached copy of advertisement, being a Legal
Advertisement of Notice in the matter of
VILLAGE OF KEY B:SCAYNE - ORDINANCE - SECOND
READING - APR. 4, 2023
in the XXXX Court,
was published in a newspaper by print in the issues of Miami
Daily Business Review f/k/a Miami Review on
03/24/2023
VILLAGE ·oF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
Affiant further says that the newspaper complies with all
legal requirements for publication in chapter 50, Florida
Statutes.
~bed before me this
MARCH, A.O. 2023
(SEAL)
ROSANA SALGADO personally known to me
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
meeting to be held on Tuesday, April 4, 2023 at 6:30 p.m., in the Council
Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: ·
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,.
COMPREHENSIVELY UPDATING AND AMENDING CHAPTER 19 OF
THE VILLAGE CODE OF ORDINANCES "PARK RULES AND REGULATIONS;"
AMENDING REGULATIONS RELATING TO MOTORIZED VEHICLES,
NON MOTORIZED VEHICLES, AND EQUIPMENT WITHIN VILLAGE
PARKS; AMENDING ENFORCEMENT AND PENALTY REGULATIONS;
PROVIDING F'OR SEVERABILITY; PROVIDING .FOR CODIFICATION;
PROVID_ING FOR CONFLICTS; 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 in person 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, Horlca
33149, telephone number (305) 365-5506, 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 ,my matter to be considered at this meeting, that person shail insure
that a verbatim record of the proceedings ts 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 via email to publiccommen\s@keybiscayne.ftgov or presented in
arson at the public hearing. • ·
3/24
.Jocelyn B. Koch
Village Clerk
23-48/0000652848M