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HomeMy WebLinkAbout1992-31ORDINANCE 92-_aL AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, TRANSFERRING CHAPTER 71 FESTIVALS AND CHAPTER 17 114, PARKS AND RECREATION, OF THE INDIAN RIVER --COUNTY CODE (1976 EDITION) TO CHAPTER 205, PARKS AND RECREATION OF THE INDIAN RIVER CODE (1990 EDITION) WITH CERTAIN MINOR SUBSTANTIVE CHANGES. WHEREAS, Indian River County is in the process of transition from the 1976 edition of the Code to the 1990: edition, and WHEREAS, this is one step in that transition, an WHEREAS, it appears in the public interest to add model airplanes, golfing and skateboarding to the activities currently regulated in County pars and recreation areas, NOW, THEREFORE, BE IT ORDAINED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1 AMENDMENT chapter -7, Festivals and Chapter 17 114, Parks and Recreation, of the 1976 edition of the code is hereby repealed and a new Chapter 205, Parks and Recreation, is hereby adopted as set forth in Exhibit "A" to this ordinance. SECTION 2. EFFECTI_VE DATE, This ordinance shall become effective on becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 28 day of July , 1992. This ordinance was advertised in the Vero BeachFress- Journal on the 29 day of June 1992, for a public hearing to be held on the 28 day of July 1992, and at the hearing it was moved for adoption—by— Commissioner Bird _ and the motion was seconded by Commissioner Scurlock and, adopted by the following vote: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. BirV Aye Commissioner Gary C. Wheeler Resigned 1 SmeadSoR Reprint Date: Friday, September 27, 2013 - 11:42:43 - OfficialDocuments:586, Attachment Id 1, Page 1 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest, Acknowledgment by the Depart 99 of State of the State of Florida, this 3rd day of August , Departmentkno"'Wo!ment for the of State received Effective of August , 1992, at j ' :goa.m•Ip•m• and e on this 6th day in the-- Offiee of --the Clerk of the Board of Counfy Commissioners of Indian River County, Florida. SmeadSoft Reprint Date: Friday, September 27, 2013 - 11:42:43 - OfficialDocuments:586, Attachment Id 1, Page 2 EXHIBIT "A" CHAPTER 205 PARKS AND RECREATION Sec. 205.01. Policy. It is the general purpose and intent of this chapter 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 activities as violations of rules and regulations; to provide for criminal -penalties -for -violation -of-the_r.egulationss; to allow expulsion from a park or recreational facility for violation of a 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. Sec. 205.01, Definitions. For the purpose Qf this chapter the following words or phrases shall have in the meanings set forth below. When not- inconsistent with the - context, words in the plural include the singular, works used in the present tense include the future, works in the singular number include the plural number. The word "shall' is always mandatory. Beach is hereby defined to be the territory between thwest low water mark of the Atlantic Ocean on the east and fifty(50) yards high water mark on the west of the Atlantic Ocean or the area within one hundred (1001 lest of -inland- lakes. Closing hours means that time which begins a period when a park or recreational facility is closed to the general public. Department means either the park or recreation department of Indian River County depending on the context. Deslgnated-area means that geographical area which has been designated by the department for a for activity Or -within a park or recreation area. Gun means any instrument capable of firing a projectile or bullet at a high velocity, but not limited to, any air gun, sling or slingshot. Motor vehicle means a vehicle which is self propelled. Musical or entertainment festival or festival means any gathering of groups or individuals for the purpose of listening to or participation in entertainment which consists primarily of musical renditions conducted in open spaces not within an enclosed structure. SmeadSoft Reprint Date: Friday, September 27, 2013 - 11:42:43 - Officia[Documents:586, Attachment Id 1, Page 3 Park means a reservation, playground, beach, recreation center or other area owned, leased or used by the department devoted to active or passive recreation. Permit means a written document issued by the department granting permission for a specific activity. Person means any individual, firm, partnership, association, p corporation, company or business organization of any kind, excluding individuals acting under the direction Ot the supervisor. Recreation facility mean facilityaePdesignated by ed or the oar the for recreational purposes on property Y department. Supervisor means either the park or recreation supervisor depending on the context. 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. Sec. 205.03. Rules and regulations. person shahtake-ofd er land (1) Aircraft and parachuting. No P y ark, or an aircraft, glider or parachute over or into an park. riate y _ .mit 1170111 - appropriate -- department. P recreational facility without per 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—Aemporary or permanent, monuments, stakes, posts, or other structures or improvements or equipment or any part thereof, located on any recreational facility or in a park. (3) Equestrian activity. No person in any park or recreational area shall ride horseback except on roadways and bridle paths within areas designated for such purposes. No person. shall ride horseback in any park or recreational areaafterdaoo r r before daylight. t shall a lawlui—for a n`,- Po 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 such purpose. SmeadSoR Reprint Date: Friday, September 27, 2013 - 11:42:44 - Officia[Documents:586, Attachment Id 1, Page 4 Firearms or fireworks. No person in anypark or recreational area shall carry, fire or discharge any gun, pistol or firearm or any rocket, torpedo or other fireworks of any description without a permit for 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 or any park or recreation area shall remove, disturb, orhavei his possession the eggs, nest otryoung 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 the duties or with the enforcement of the park regulations and rules. Prior ejectment Ne -person who has been ejected from a park or recreational facility for a violation recreational ff a rule acility reg�for a iallUIL may enter upon or use any park period of six (6) months. No person may remain upon any park or recreational facility premises after a department employee or law enforcement officer informs the person to leave for violation of a rule. (9) Meeting. No person shall organize any public meeting, assemblies, entertainments, urnamients, reflgious- 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 manner as to be plainly audible to the human ear at a distance of one hundred (100) 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, filt , oforeign mattertank or rinto the waters of any lake, pond, poor r ir in any park or recreational facility. (12) Removal of natural resources. No person in any park or recreational facility shall remove any beach sBna, wood whether r submerged or not, any soil, rock, stones, plants any other material 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. SmeadSoR Reprint Date: Friday, September 27, 2013 - 11:42:44 - Officia[Documents:586, Attachment Id 1, Page 5 (13} Rubbish. No person shall throlv_,_place, cast, deposit, dump or cause to be thrown any ashes, refuse, vegetables, garbage, cinders, shells, straw, shavings, paper, scraps, dirt or like matter, filth, or rubbish of any kind in any park or recreational 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 tangible object, merchandise or thing or solicit for any trade, occupa ion, usiness—"rofessior. 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 without a permit. (15) Signs, No person shall post or affix to any tree, shrub, plant, fence, building, structure, monument,aan other apparatus, bridge, post, bench, corral, gateor Y physical object any sign, poster or other printed or written matter in any park or recreational facility. (16) Sleeping, camping and lodging. No person shall sleep, camp, lodge, or park a vehicle overnight in any park or recreational area exce twin 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 chapter and shall apply to the operation of all motor vehicles on streets and roads in county parks, unless modified otherwise under the provisions of this chapter. 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 dep rtment has designated, sign, a greater speed limit. d. No person shall park any vehicle in any are other than the areas which are designated for parking. e. No trucks and or trailers allowed except on designated roads or in designated areas so posted. (18) �s sa person any park transplant, recreational p harem , damage, disturb, cut carve, or SmeadSoR Reprint Date: Friday, September 27, 2013 - 11:42:44 - Officia[Documents:586, Attachment Id 1, Page 6 any tree;shrubbery,-lawn,-plant, or flower. 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 recreational sedfacilities ovided, that the losing hours are posted uring hours when the facility is closed, p at the entrance of the park or recreational facility. (20) Utility. No person, firm orcorporationshalllocate-an-y 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; provided, however, surfing is not permitted in a guarded area. All persons shall obey posted waterfront rules. (22) Dogs prohibited. No dogs are allowed in any park or recreational facility unless specifically posted as allowable by the department. (23) Glass bottles and containers. No glass bottles or containers are allowed on any beach located in any park or recreational facility. (24) Motor -driven devices in lake. No motor -powered or driven devices are allowed in any park or pond unless specifically posted for such use by the department. (25) Dune line crossing. No person shall cross, walk through or L--situated-upon-anypark_of the ocean dune line, except at designated crossover points and boardwalks. (26) Alcoholic beverages. No person shall bring alcoholic beverage into any park or recreational facility or drink alcoholic beverages at any time in a park or recreational facility. No person shall enter or remain in any park or recreational facility while under the influence of intoxicating liquor. (27) Miscellaneous activities. -a)-Model air -planes -shall -not be operated in a park or recreational facility except in an area that has been designated and marked for said operation. b) No person shall engage in golfing activities in a park or recreational facility except in an area that has been designated and marked for said operation. c) No person shall engage in skateboarding activities in a park or recreational facility except in an area that has been designated -and -_marked for said activity. SmeadSoft Reprint Date: Friday, September 27, 2013 - 11:42:45 - OfficialDocuments:586, Attachment Id 1, Page 7 See. 2-05.04. Permits. (1) The department may issue a permit when it has been established that: (a) The proposed activity will occur within an area which is proper for the activity to occur. (b) The proposed activity or use will not unreasonably interfere or detract from the general -public enjoyment ..f the pork or recreational area. (c) 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-xhe-facility. (d) The desired facility has not been reserved for other use at the time requested. (e) The applicant has paid the proper fee as established by the department for the activity. (2) All permits shall be signed by the supervisor or his duly authorized representative. (3) 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 a ropriate or require other conditions. (4) In the event any applicant is refused a permit, the department shall indicate the reason for refusing such permit. (5) The applicant may appeal the refusal of any permit to the county administrator. (6) The department or its duly authorized representative shall have the authority to revoke a permit previously issued upon finding a violation of any rue lation. Sec. 205.05. Park administration. (1) Park rangers and life guards. The supervisor of the appropriate department shall appoint park rangers and life guards who shall be responsible for the enforcement of park rules and regulations SmeadSoR Reprint Date: Friday, September 27, 2013 - 11:42:45 - Officia[Documents:586, Attachment Id 1, Page 8