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HomeMy WebLinkAbout1982-12INDIAN RIVER COUNTY ORDINANCE NO. 82-12 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA TO BE KNOWN AS THE INDIAN RIVER COUNTY PARKS ORDINANCE PROVIDING FOR; POLICY; DEFINITIONS; RULES AND REGULATIONS PERMITS; PARK ADMINISTRATION; LITTER OFFICER; SEVERABILITY; REPEAL OF CONFLICTING PROVISIONS; INCLUSION IN THE CODE; AND EFFECTIVE DATE. WHEREAS, the public need and demand for the use of Indian River County park and recreational facilities has dramati- cally increased; and WHEREAS, Indian River County desires to provide effi- cient and convenient park and recreational facilities while main- taining a safe and healthy recreational environment; and WHEREAS, the Board of County Commissioners of Indian River County now finds and determines that it is essential to implement uniform policies and procedures for the administration of parks; and WHEREAS, the Board of County Commissioners finds that this Ordinance and the restrictions imposed thereunder are necessary to protect the health and welfare of the members of the public using park and recreational facilities by designating cer- tain areas for specific activities and prohibiting certain conduct and activities within other areas. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. TITLE This Ordinance shall be known as the Indian River County Parks Ordinance. SECTION 2. POLICY It is the general purpose and intent of this Ordinance to establish uniform procedures for the administration of park and recreational facilities in Indian River County; to establish a _system of regulations and rules governing the activities within the parks and recreational facilities; to declare certain activi- ties as violations of rules and regulations; to provide for criminal penalties for violation of the regulations; to allow expulsion from a park or recreational facility for violation of a -1- rule and to provide a procedure for establishing permits for activities within designated areas and to set methods for the administration of parks and recreational facilities. SECTION 3. DEFINITIONS For the purpose of this Ordinance the following words or phrases shall have the meanings set forth below. When not incon- sistent with the context, words in the plural include the singu- lar, words used in the present tense include the future, words in the singular number include the plural number. The word "shall" is always mandatory. A. BOARD means Board of County Commissioners of Indian River County, Florida. B. CLOSING HOURS means that time which begins a period when a park or recreational facility is closed to the general public. C. COUNTY means th'e County of Indian River, State of Florida. D. SUPERVISOR means the person appointed by the Board to supervise all park and recreational programs and facilities. E. DESIGNATED AREA means that geographical area which has been designated by the Department for a specific activity or activities within a park or recreation area. F. DEPARTMENT means the Park and Recreation Department of Indian River County. G. GUN means any instrument capable of firing a projec- tile or bullet at a high velocity, including but not limited to, any air gun, sling or slingshot. H. MOTOR VEHICLE means a vehicle which is self pro- pelled. I. PARK means a park, reservation, playground, beach, recreation center or other area owned, leased or used by the , Department and devoted to active or passive recreation. J. PERMIT means a written document issued by the Department granting permission for a specific activity. K. PERSON means any individual, firm, partnership, association, corporation, company or business organization of any -2- kind, excluding individuals acting under the direction of the Board. L. RECREATIONAL FACILITY means a facility designated by the Board for recreational purposes on property owned, leased or used by the Department. M. REGULATION means a standard of conduct adopted by ordinance of the Board which governs the use of park and recrea- tional facilities and the violation of which subjects the offender to criminal penalties. N. RULE means a standard of conduct approved by resolu- tion of the Board which governs the use of park or recreational facilities, the violation of which subjects the offender to ejec- tion from park or recreational facilities and the loss of park privileges for six (6) months. O. VEHICLE means any wheeled conveyance, whether motor powered, animal drawn or self propelled. The term shall include any trailer in tow of any size, kind, or description. P. BEACH is hereby defined to be the territory between the low water mark of the Atlantic Ocean on the east and fifty yards west of the high water mark on the west of the Atlantic Ocean or the area within one hundred (100') feet of inland lakes. SECTION 4. RULES AND REGULATIONS A. RULES 1. The Board, by resolution, shall adopt rules govern- ing the use of parks and recreational facilities owned, leased or operated by Indian River County which include but are not limited to the use of supplies and equipment, the charge and payment of fees, the hours of operation, the use and parking of vehicles, the conduct and overall safety of persons within the park and the general use of parks and recreational facilities for each such park and recreational facility as may be necessary. 2. Notice of the intent to adopt such rule shall be given by publication of the title of the proposed rule and the time and place of a public hearing on such rule in a newspaper of general circulation in Indian River County, at least one (1) time prior to consideration by the Board. 3. Any resolution adopted by the Board as a rule shall -3- be filed with the Clerk of the Circuit Court of Indian River County, Florida and shall become effective when filed. 4. Any person violating a rule may be expelled from any park or recreational facility and shall thereupon forfeit all park privileges for a period of six (6) months. B. REGULATIONS It shall be unlawful to violate any regulation adopted by the Board and any person found guilty of such violation shall be punished by a fine not to exceed FIVE HUNDRED ($500.00) DOLLARS or by imprisonment in the County jail not to exceed sixty (60) days or by both such fine and imprisonment. The Board hereby adopts the following regulations; 1. AIRCRAFT AND PARACHUTING No person shall take off or land any aircraft, glider or parachute over or into any park or recreational facility without a permit from the Department.-' 2. BUILDINGS AND OTHER PROPERTY No person shall willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving•material, water lines, or other public utilities or parts or appurtenances thereof, signs, notices, or placecards whether temporary or perma- nent, monuments, stakes, posts, or other structures or improve- ments or equipment or any part thereof, located on any recrea- tional facility or park. 3. EQUESTRIAN ACTIVITY No person in any park or recreational area shall ride horseback except on roadways and bridle paths within areas desig- nated for such purposes. No person shall ride horseback in any park or recreational area after dark and before daylight. It shall be unlawful for any person to ride a horse in a reckless manner. 4. FIRE No person shall ignite, set or maintain any fire for cooking or any other purpose in any park or recreational facility unless such fire is within a designated receptacle and area for -4- Fi9k a s., �r such purpose. 5. FIREARMS OR FIREWORKS No person in any park or recreational area shall carry, fire or discharge any gun, pistol or firearm or any rocket, ` torpedo or other fireworks of any descriptipn without a permit from the Department. 6. HUNTING No person in any park or recreational area shall hunt, catch, harm, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird. No person in any park or recreation area shall remove, disturb, or have in his possession the eggs, nest or young of any wild animal, reptile, or bird. 7. INTERFERENCE WITH PERSONNEL No person shall interfere with, hinder, or oppose any officer, agent, or employee of the Department in the discharge of his duties or with the enforcement of the park regulations and rules. 8. PRIOR EJECTMENT No person who has been ejected from a park or recrea- tional facility for a violation of a rule pursuant to Section 3 (A)(4) may enter upon or use any park or recreational facility for a period of six (6) months. No person may remain upon any park or recreational facility premises after a Department employee or law enforcement officer requests the person to leave for violation of a rule. 9. MEETING No person shall organize any public meeting, assemblies, entertainments, tournaments, religious gatherings, demonstrations, parades, processions or meetings, in any park or recreation facility that is reasonably anticipated to include more than fifty (50) persons without first obtaining a permit from the Department. 10. NOISE No person shall operate or play any radio, television, phonograph, musical instrument or similar device in any park or recreational facility in such a manner as to be plainly audible to -5- the human ear at a distance of one hundred (1001) feet from the sound source without first obtaining a permit from the Department. 11. POLLUTION No person shall throw or place or cause to. be thrown or placed, any dirt, filth, or foreign matter into the waters of any lake, pond, pool, river, inlet, tank or reservoir in any park or recreational facility. 12. REMOVAL OF NATURAL RESOURCES No person in any park or recreational facility shall remove any beach sand, whether submerged or not, any soil, rock, stones, plants, wood, or any other materials whatsoever from any park or recreational facility, or make any excavation by tools, equipment, blasting or other means in existing material in park or recreational facilities. 13. RUBBISH No person shall throw, place, cast, deposit, dump or cause to be thrown any ashes, refuse, offal, vegetables, garbage, dross, cinders, shells, straw, shavings, paper, scraps, dirt or like matter, filth or rubbish of any kind in any park or recrea- tional facility except to place the same in receptacles or cans specifically provided for such matter. 14. SALES AND SOLICITATION No person shall sell, keep, or offer for sale any tangi- ble or intangible object, merchandise or thing or solicit for any trade, occupation, business or profession within any park or recreational area without a permit from the Department. No person shall solicit alms or contribution for any purpose, whether public or private in any park or recreational facility. 15. SIGNS No person shall post or affix to any tree, shrub, plant, , -fence, building, structure, monument, wall, table, apparatus, bridge, post, bench, corral, gate or any other physical object any sign, poster or other printed or written matter in any park or - recreational area. -6- 16. SLEEPING, CAMPING AND LODGING No person shall sleep, camp, lodge, or park a vehicle overnight in any park or recreational area except in such areas as designated for such purposes without first having obtained a permit from the Department. 17. TRAFFIC A. The State Uniform Traffic Control Laws, Chapter 316, Florida Statutes, are incorporated by reference and made a part of this Ordinance and shall apply to the operation of all motor vehicles on streets and roads in county parks, unless modified otherwise under the provision of this Ordinance. Traffic officers and employees of the Department are hereby authorized to direct traffic whenever necessary. B. No person shall operate, drive or park any vehicle upon any road, driveway, path, parking area or other area unless it has been designated by the -Department for such purpose. No person shall cause any vehicle for hire to stand upon any part of a park or recreational area for the purpose of soliciting passengers. C. No person shall drive a vehicle at a rate of speed exceeding five (5) miles per hour in any County park unless the Department has designated, by posted sign, a greater speed limit. D. No person shall park any vehicle in any area other than the areas which are designated for parking. E. No trucks and or trailers allowed except on desig- nated roads or in designated areas so posted. 18. TREES AND VEGETATION No person in any park or recreational area shall remove, damage, disturb, cut, carve, or transplant, any tree, shrubbery, lawn, plant or flowers. No person shall attach any rope, wire, or other contrivance to any tree or plant in any park or recreational facility. 19. TRESPASS No person shall enter or remain on park or recreatiorlal facilities without a permit during hours when the facility is closed, provided, however, that closing hours must be posted at the entrance of the park or recreational facility. SC 20. UTILITIES No person, firm or corporation shall locate any utility upon any park or recreational facility without receiving a permit from the Department. 21. WATER ACTIVITY No person shall swim, ski, dive, surf, scuba, fish or use boats in any area in any park or recreational area unless such area is specifically designated for such purpose. No person shall surf unless his surfboard is equipped with a leash and attached to the surfer. All persons shall obey posted waterfront rules. 22. NUDITY No person shall publicly expose personal and private Parts of the body. 23. LEWD OR LASCIVIOUS CONDUCT No person shall engage in lewd or lascivious conduct or fornicate in any park or recreational facility. 24. DOGS PROHIBITED No dogs are allowed in any park or recreational facility unless specifically posted as allowable by the Department. 25. GLASS BOTTLES AND CONTAINERS No glass bottles or containers are allowed on any beach located in any park or recreational facility. 26. MOTOR DRIVEN DEVICES IN LAKES No motor powered or driven devices are allowed in any park lake or pond unless specifically posted for such use by the Department. 27. DUNE LINE CROSSING No person shall cross, walk thr6ugh or be situated upon any part of the ocean dune line, except at designated crossover points and boardwalks 28. ALCOHOLIC BEVERAGES No'person shall bring alcoholic beverages into any park or recreational facility or drink alcoholic beverages at any time An a park or recreational facility. No person shall enter or remain in any park or recreational facility while under the influ- ence of intoxicating liquor. —8— SECTION 5. PERMITS The Department may issue a permit when it has been established; A. That the proposed activity will occur within an area which is proper for the activity to occur. B. That the proposed activity or use will not unreason- ably interfere or detract from the general public enjoyment of the park or recreational area. C. That there are adequate facilities and personnel in the proposed areas so that the proposed activity will not impair the health, safety, and welfare of the persons who will engage in the proposed activities and the proposed activity will not impair the health, safety, or welfare of other individuals who may desire to use the facility. D. That the desired facility has not been reserved for other use at the time requested. E. That the applicant will deposit a proper fee as established by the Department for the activity. F. All permits shall be signed by the Supervisor or his duly authorized representative. G. The Department shall not issue a permit for any activity that may constitute a hazard to participants or other park users. The Department as a condition to the issuance of a permit may require public liability insurance in an amount the Department deems appropriate or require other conditions. H. In the event any applicant is refused a permit, the Department shall indicate the reason for refusing such permit. I. The applicant may appeal the refusal of any permit to the County Administrator. J. The Department or its duly authorized representative shall have the authority to revoke a permit previously issued upon _finding a violation of any rule or regulation. SECTION 6. PARK ADMINISTRATION A. PARK RANGERS The Supervisor of the Department shall appoint park rangers who shall be responsible for the enforcement of park rules -9- and regulations and shall have the power to eject and expel any person for violation of any park rule or regulation and report the violation of any regulation to the proper law enforcement officers. B. DESIGNATED AREAS. The Supervisor shall have the power to designate areas and facilities in park and recreational facilities for specific activities, and to prohibit other activities within the designated area according to the terms of this Ordinance. The Supervisor shall be the official custodian of a list of all areas which have been designated for specific activities. Such list shall contain a description of the property which is designated for a specific agtivity and the nature of the activities which are permitted. The Supervisor is authorized to post designated areas when in his discretion such posting is appropriate. SECTION 7. LITTER OFFICER The County Administrator shall appoint, pursuant to Florida Statutes §403.413 (1975), Indian River County Litter Officers, as necessary, who shall be employees of the Indian River County Parks and Recreation Department. These employees shall qualify as law enforcement officers for the purpose of enforcing Florida Statutes §403.413 (1975) and this Ordinance. SECTION 8. SEVERABILITY In the event any section, paragraph or phrase of this Ordinance is declared invalid by a court of competent jurisdic- tion, such section, paragraph or phrase shall be deemed a separate provision of this Ordinance and shall not affect the validity of other parts of this Ordinance. SECTION 9. REPEAL OF CONFLICTING PROVISIONS All provisions, ordinances or rules which conflict with this Ordinance are hereby repealed, to the extent of such con- flict. Indian River County Ordinances 79-22 and 77-32 are hereby repealed. SECTION 10. INCORPORATION OF ORDINANCE IN COUNTY CODE. Provisions of this Ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to -10- "section", "article", or other appropriate word, and the sectiogs of this Ordinance may be renumbered or relettered to accomplish such intentions. SECTION 11. EFFECTIVE DATE. The provisions of this Ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this Ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida this 21st day of July , 1982. INDIAN RIVER COUNTY BY ITS BOARD OF COUNTY COMMISSIONERS By_ /�� fyL Csr�� DON C. SCURLOCK, JR. L�-- Chairman Acknowledgment by the Department of State of the State of Florida this awe 7# day of Jvty , 1982. Effective Date: Acknowledgment from the Department of State received on this .?o70 day of j uA y , 1982, at A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. Approved as to form and leyl*Z iciency. By/s G1 in - BRANDENBU G ( nt Attorney -11- STATE OF FLOttIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE (� FREDA WRI��CKr�,, r -.E/R K . 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