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Home My WebLink About2016-007ORDINANCE NO. 2016- 007 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 205.02 (DEFINITIONS); REPEALING SECTION 205.08 (FESTIVALS); AND AMENDING SECTION 205.09 (SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT DESIGNATED RECREATIONAL FACILITIES) OF CHAPTER 205 (PARKS AND RECREATION) OF THE INDIAN RIVER COUNTY CODE; AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Indian River County Code is hereby amended as follows: SECTION 1. Section 205.02, Definitions, is amended to read: Section 205.02. - Definitions. For the purpose of this chapter the following words or phrases shall have the meanings set forth below. When not inconsistent with the context, words in the plural include the singular, words used in the present tense include the future, words in the singular number include the plural number. The word "shall" is always mandatory. Beach is hereby defined to be the territory between the low water mark of the Atlantic Ocean on the east and fifty (50) 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. 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. 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. Motor vehicle means a vehicle which is self-propelled. in of within aR GL, ed str eta pro Park means a reservation, playground, beach, recreation center or other area owned, leased or used by the department devoted to active or passive recreation. 2 CODING: Words in stFike thFE)Ugl4 format are deletions to existing text; words in underlined format are additions. ORDINANCE NO. 2016- 007 Permit means a written document issued by the department granting permission for a specific activity. Person means any individual, firm, partnership, association, corporation, company or business organization of any kind, excluding individuals acting under the direction of the supervisor. Recreation facility means a facility designated by the board for recreational purposes on property owned, leased or used by the 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. SECTION 2. Section 205.08, Festivals, is repealed, as follows: Section 205.08. - Laos. URiRGE)rpeFated -;;rp--;; A -f Indian RiveF C9URty URIess he shall first secure frern eRtertaiRMeRt n mit fee said festival the beard a special (2) The permit reqUiFed by this se--tie-A Shall Aet be issued URIess the f0I1E)WiRg GE)RditiGRS aFe Met health effieeT-jt SECTION 3. Section 205.09, Sale and consumption of alcoholic beverages at designated recreational facilities, is amended to read: M CODING: Words in Strike thFeUg" format are deletions to existing text; words in underlined format are additions. ORDINANCE NO. 2016- 007 Section 205.09. - Sale and consumption of alcoholic beverages at designated recreational facilities. Notwithstanding the provisions of section 205.03(26), the sale and consumption of alcoholic beverages shall be permitted at the Indian River County Fairgrounds and at the South County Intergenerational Recreation Center, provided the vendor first obtains a permit for such purposes issued by the department. ll Except for those circumstances set forth in (2) below, the department may issue without Board authorization a permit, for the sale and consumption of alcoholic beverages when it has been established that the following conditions have been satisfied: (a) The applicant holds all required state alcoholic beverage licenses (b) The applicant has made adequate plans, and is ready, willing and able to implement such plans, for security or police presence; (c) The applicant has obtained liability and any other insurance required by the county risk manager, and has provided certificates evidencing such insurance, in amounts and all other respects acceptable to the county risk manager; (d) The applicant has met all other conditions determined by the department to be necessary to protect the health, safety and welfare of the residents of Indian River County, in light of the planned event or activity; and (e) The applicant has paid the required fee as established by the department. (2) Permits requiring Board authorization. (a) Any permit for the sale and consumption of alcoholic beverages at the Indian River County Fairgrounds in conjunction with more than 100 primitive/tent camp sites and entertainment which consists primarily of amplified musical renditions conducted in open spaces not within an enclosed structure over two or more days will require authorization from the Board. Such authorization shall only be given for the Indian River County Fairgrounds. (b) In order for a permit to be issued, in addition to those requirements set forth in (1) above, the following conditions shall be satisfied: a. A plan for adequate sanitation facilities and sewage disposal, approved by the County Health Director; b. A plan for parking facilities and a plan for the transportation of the patrons, approved by the Public Works Director; C. A plan for adequate medical facilities, approved by the County Health Director; d. A plan for the provision of adequate security and traffic control, approved by the Sheriff of Indian River County; e. A plan for solid waste and recycling collection, approved by the Managing Director of the Solid Waste Disposal District e. A plan for adequate financial backing, approved by the Assistant County Administrator; f. Any other reasonable condition set by the Board in its discretion. CODING: Words in std format are deletions to existing text; words in underlined format are additions. ORDINANCE NO. 2016- 007 The permit described above shall be in addition to any other permit required for the event or activity, pursuant to seetiens section 205.04 eF 205.08 above. SECTION 4. Severability. If any section, sentence, paragraph, phrase, or word of this ordinance is held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance not having been held by a court of competent jurisdiction to be unconstitutional, inoperative or void, which shall remain in full force and effect. SECTION 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of The Code of Indian River County, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase as the Municipal Code Corporation deems necessary in order to accomplish such intention. SECTION 6. Effective date. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. This ordinance was advertised in the Indian River Press Journal on the 2_ day of June, 2016, for a public hearing to be held on the 5th day of July, 2016, at which time it was moved for adoption by Commissioner O' Bryan , seconded by Commissioner Flescher , and adopted by the following vote: Chairman Bob Solari AYE Vice Chairman Joseph E. Flescher AYE Commissioner Wesley S. Davis AYE Commissioner Tim Zorc AYE Commissioner Peter D. O'Bryan AYE CODING: Words in stFike threugk format are deletions to existing text; words in underlined format are additions. ORDINANCE NO. 2016- nn7 The Chairman thereupon declared the ordinance duly passed and adopted this 5th day of July, 2016. Attest: Jeffrey R. Smith, Clerk and BOARD OF COUNTY COMMISSIONERS Comptroller .••.......... INDIAN RIVER COUNTY, FLORIDA By sip . Apt Deputy Clerk = _ ? : By % APPROVED AS TO FORN,0'. _� Bob Solari, Chairman AND LEGAL SUFFICIENCY•9��'•• BY - DYLAN REINGOLD COUNTY ATTORNEY Effective Date: Thi ordinance was filed with the Department of State and becomes effective on the day of , 2016. I CODING: Words in StFil(e-tnFeugh format are deletions to existing text; words in underlined format are additions.