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Ordinance No. 2022-14 Amending Residency Policy for Founders Park - September 13, 2022 CITY OF AVENTURA ORDINANCE NO. 2022-14 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 33 "PARKS AND RECREATION" OF THE CITY CODE OF ORDINANCES, SECTION 33-1 "RESIDENCY POLICY FOR USE OF PORTION OF AVENTURA FOUNDERS PARK" TO FURTHER DEFINE THE PORTION OF FOUNDERS PARK SUBJECT TO THE POLICY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the intent of this Commission to ensure that City residents are provided priority in the use and enjoyment of Aventura Founders Park; and WHEREAS, on January 20, 1998, the City Commission adopted Ordinance No. 98-02 establishing a residency policy for utilization of Founders Park to provide priority to City residents (the "Policy"); and WHEREAS, on April 21 , 1998, the City Commission adopted Ordinance No. 98- 13, amending the Policy to further define that the Policy applies to the portion of Founders Park north of N.E. 1901h Street; and WHEREAS, the City desires to amend Section 33-1 "Residency Policy for Use of Portion of Aventura Founders Park" of the City Code to further define the portion of Founder's Park subject to the Policy; and WHEREAS, the City Commission finds it to be in the best interests of the residents of the City of Aventura to amend Section 33-1 of the City Code to further define the portion of Founder's Park subject to the Policy. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. Chapter 33 "Parks and Recreation," Section 33-1 "Residency Policy for Use of Portion of Aventura Founders Park" is hereby amended to read as follows:' Additions to text are shown in underline. Deletions to text are shown in strik 9" City of Aventura Ordinance No. 2022-14 CHAPTER 33 — PARKS AND RECREATION Section 33-1. — Residency policy for use of portion of Aventura Founders Park. (a) The following residency policy for use of the perti of Aventura Founders Park north of N.E. 1 Q4t, cf� is hereby reestablished: (1) All guests using the park shall be required to obtain and utilize a guest pass or be accompanied by a resident at all times. (2) The City Manager shall establish administrative procedures to implement regulations regarding the use of the various types of passes. (3) Non-residents shall be permitted to use the park, amenities and facilities on a space-available basis. (4) The usage fees for non-residents is as follows: Daily Pass: Adults $5.00 Children (17 and under) $3.00 Monthly Pass: Adults $100.00 Children 17 and under $ 60.00 Annual Pass: Adults $1 ,000.00 Children (17 and under) $ 500.00 (5) Non-resident fees shall not apply to all permitted activities for the purpose of City-sponsored and approved special events, leagues and activities. (6) Non-resident fees shall be in addition to any user fees established by the City. (b) Usage fees for non-residents may be amended from time to time by the City Commission after public hearing. 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, 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 City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Aventura Code; that the sections of this Ordinance may be renumbered or Page 2 of 4 City of Aventura Ordinance No. 2022-14 relettered to accomplish such intentions; and that the "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Friedland, who moved its adoption on first reading. This motion was seconded by Commissioner Joel and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Denise Landman Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner Narotsky, who moved its adoption on second reading. This motion was seconded by Commissioner Dr. Marks and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Absent Commissioner Billy Joel Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Absent Vice Mayor Denise Landman Yes Mayor Enid Weisman Yes PASSED on first reading this 19th day of July, 2022. PASSED AND ADOPTED on second reading this 13th day of September, 2022. Page 3 of 4 City of Aventura Ordinance No. 2022-14 • ENID WEISMAN, MAYOR i ATTEST: ELLISA L. HORVAT , MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 4