§ 18-26. Higgs Beach County Park.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alcoholic beverage means any beverage containing more than one percent ethyl alcohol by volume.

Children's park means the portion of Higgs Beach County Park that the director of the 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, chainlink fencing and post-and-rail fencing, and has posted with signs identifying the enclosed area as a children's park.

Fenced, gated and posted area means the portion of Higgs Beach County Park that the director of the 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, chainlink fencing and post-and-rail fencing, and has posted with signs regarding special hours and parking prohibitions.

Higgs Beach County Park means the 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.

(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 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 the 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.

(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 the 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 composed 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 $500.00 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment.

(g)

Recreational vehicle and camper parking restrictions. 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)

Pier regulations. The wood pier at Higgs Beach may be used for activities related to swimming, sunbathing and recreation that do 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.

(i)

Children's park regulation. No person over the age of 14 other than a parent, guardian, or other responsible person is allowed in the designated children's park area(s) unless accompanied by a child 14 years of age or younger.

(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; Ord. No. 020-2012, § 1 )