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8007-08 ORDINANCE NO. 8007-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PARKS; AMENDING GENERALLY CHAPTER 22, PARKS, BEACHES, RECREATION; CLARIFYING DEFINITIONS, MODIFYING PARK HOURS, AND UPDATING THE REGULATION OF BEACHES, PARK PROPERTY AND THE COURTNEY CAMPBELL CAUSEWAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances currently empowers the city manager to regulate the time, place and manner in which City park property is to be used and enjoyed by the public; and WHEREAS, it is beneficial and necessary to amend Code of Ordinance regulations from time to time in the interest of the public health, safety and welfare and for the preservation of public property; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. That Chapter 22 of the Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: Chapter 22 Parks, Beaches, Recreation* * * * Article II. Use Regulations* Section 22.21. Definitions * * * Person shall be understood, as employed herein, to mean any individual reqardless of aqe or sex, or any corporation, company. association, firm, partnership, club. society, or any association of person, or any aqent or employee thereof. * * * Public Nuditv shall be defined as set out in Chapter 21. Offenses. of this Code. as may be amended from time to time. Ordinance No. 8007-08 * * * Sec. 22.24. Authority to regulate beaches, park property, and the Courtney Campbell Recreation Area. (1) The city manager is empowered in the exercise of the city manager's discretion to regulate the time, place and manner in which the public beaches, park property of the city, and the Courtney Campbell Recreation Area, or any portion thereof, are to be used and enjoyed by the public and to authorize the posting of signs regulating public use. In so doing, the city manager is to give due regard to the safety facilities available thereat, the preservation of public property, the number of persons who can be safely protected and safeguarded at the particular location, and the health and welfare of the public using and wishing to use such facilities. The directions of the city manager given pursuant to the authority contained in this section are declared to have the effect of law and shall be enforced by the police officers of the city. (2) The hours of operation for each city park, as may be amended from time to time, are as follows: NO. SITE NAME 1. CLOSED FROM SUNSET UNTIL SUNRISE: 1 ALLEN'S CREEK PARK 2 ALLIGATOR LAKE 3 BAY PARK ON SAND KEY 4 MYRON A. SMITH BAYVIEW PARK 5 CEDAR GROVES 6 CHARLES PARK 7 CHARTER OAKS 8 LAKE CH/\UTJ\UGU/\ CHAUTAUQUA PARK 9 CH/\UT/\UGUA CHAUTAUQUA PARK NORTH (Enterprise Rd.) 10 CHAUTAUQUA PARK SOUTH 11 CLIFF STEPHENS PARK 12 COOPERS BAYOU PARK 13 COUNTRY HOLLOW PARK 14 CYPRESS BEND PARK 15 CYPRESS POINT PARK Ordinance No. 8007-08 16 D.O. DAVIS PARK 17 DREW PLAZA 18 GARDEN AVENUE PARK 19 GLEN OAKS PARK 20 GLENWOOD PARK 21 HARDING PLAZA 22 HIBISCUS LAKE 23 HILLCREST PARK 24 LAKE HOBART SOUTH 25 LAKE LUCILLE 26 NORTHEAST COACHMAN PARK 27 NORTHWOOD PARK 28 OVERBROOK PARK 29 SALLS LAKE 1 & 2 30 SOULE ROAD PARK 31 SPRING LAKE PARK 32 STATE STREET PARK 33 SUNSET POINT ROAD PLA YFIELD 34 TERRACE LAKE 35 TOWN PLACE PARK 36 NO. GREENWOOD REC/AQUATIC COMPLEX PLAYGROUND 37 CHERRY HARRIS PARK 2. CLOSED FROM 9:00 PM UNTIL 6:00 AM: ~ B/\YFRONT TENNIS COMPLEX ~ 38 COACHMAN PARK 4G 39 COURTNEY CAMPBELL RECREATION AREA 44 40 COUNTRYSIDE LIBRARY PLAYGROUND 42, 41 MAGNOLIA STREET DOCK 4J 42 MEMORIAL PARKS 1 & 2 44- MOCC/\SIN L/\KE N/\TURE PARK Ordinance No. 8007-08 43 MORNINGSIDE RECREATION COMPLEX 44 NO. GREENWOOD REC. & AQUATIC COMPLEX 45 PROSPECT LAKE PARK 46 ROSS NORTON COMPLEX & ED WRIGHT PARK 4e 47 STATION SQUARE PARK 47 48 TURNER STREET DOCK 49 WOOD VALLEY RECREATION CENTER 3. CLOSED FROM 10:00 PM UNTIL 6:00 AM: 50 BA YFRONT TENNIS COMPLEX ~ Q.1 BELMONT PARK 49 52 CLW. BEACH FAMILY AQUATIC & REC. CMPLX. W 53 COACHMAN RIDGE PARK M 54 COUNTRYSIDE COMMUNITY PARK a2 55 DEL ORO PARK (Trail: Sunrise to Sunset) a3- 56 FRANK TACK PARK M- KINGS HIGHVV/\Y RECRE/\TION CENTER a5 L/\V'IN BO'NLS & SHUFFLEBO/\RD COMPLEX ae 57 MARYMONT PARK fil- 58 MONTCLAIR PARK as MORNINGSIDE RECRE/\TION COMPLEX W NO. GREEN'NOOD REC. & /\QU/\TIC COMPLEX W 59 PLAZA PARK 94- ROSS NORTON COMPLEX & ED VVRIGHT P/\RK ~ 60 SID L1CKTON PARK & FRED COURNOYER CT. @3 61 SUNSET SAM PARK AT ISLAND ESTATES 64- 62 U.S. 19 SOCCER PRACTICE FIELDS ~ 63 VALENCIA PARK 4. CLOSED FROM 11 :00 PM UNTIL 6:00 AM: ee 64 CREST LAKE PARK @.7 65 EDGEWATER DRIVE PARK Ordinance No. 8007-08 e&- 66 FOREST RUN PARK W HENRY L. MCMULLEN TENNIS COMPLEX :ro 67 JOE DIMAGGIO COMPLEX +4- 68 LONG CENTER 72 69 MANDALAY PARK +3 70 McKAY PLAYFIELD 74-- 71 PIER 60 PARK +a- VVOOD V/\LLEY RECREATION CENTER +e 72 WOODGATE PARK 5. OPEN 24 HOURS PER DAY: ++ 73 CLEARWATER BEACH +8 74 MEMORIAL CAUSEWAY 79 75 SAND KEY BA YSIDE PARK 80 76 SEMINOLE DOCKS 6. OPEN FOR SCHEDULED PROGRAMMING ONLY: 3.:t- 77 CARPENTER FIELD g2, 78 COOPERS POINT NATURE PARK ~ 79 COUNTRYSIDE SPORTS COMPLEX 84 80 DAVID MARTIN SOCCER FIELDS sa ~ E. C. MOORE COMPLEX (1-+~) se- E. C. MOORE FIELDS 8 & 9 8+- GLEN OAKS SOCCER FIELDS 82 HENRY L. MCMULLEN TENNIS COMPLEX 83 LAWN BOWLS & SHUFFLEBOARD COMPLEX gg 84 MISSOURI AVE. (DOT) 85 MOCCASIN LAKE NATURE PARK gg 86 PHILLIP JONES PARK CITY OWNED PROPERTIES- LEASED TO OTHERS (Hours of operation established by Lessee): 00 87 BRIGHTHOUSE NETWORK FIELD 94 88 CHI-CHI RODRIGUEZ GOLF COURSE Ordinance No. 8007-08 92- 89 CLEARWATER COUNTRY CLUB W 90 CLEARWATER EXECUTIVE GOLF COURSE 94~ HARBORVIEW CENTER 9&- 92 HOl T AVE. PROPERTY W 93 JACK RUSSEll STADIUM 94 KINGS HIGHWAY RECREATION CENTER 9-7- 95 MARTIN lUTHER KING RECREATION CENTER W- 96 PERFORMING ART CENTER & THEATER (PACT) 00 97 SAILING CENTER (1) Each city park shall have at least one prominently posted sign that states the hours of operation for that park. (2) No person shall enter or remain upon park property at any time during which the park is closed except by permit issued by the department or unless permission has been given by the department or city manager. (3) The City Manaqer or his or her desiqnee may prohibit a party from parkinq a vehicle in an area designated for parking or upon any other park property if said party does not remain on the park property and such parkinq inhibits or prevents others from parkinq at the park facility in order to use the facility as intended. * * * Sec. 22.28. Protection and preservation of property. (1) Regulation of conduct with respect to protection of park property to prevent damage, removal or destruction is necessary to preserve park and recreation areas for the use of future generations. (2) As all property in all parks is city property, no unauthorized person shall willfully mark, write on, draw on or otherwise deface, damaqe or injure in any way, or displace, remove, destroy or tamper with any park building or facility or any part of the park qrounds includinq, but not limited to, building material, water lines or other public utilities or parts of appurtenances thereof, park signs, notices or other boundary markers, or other structures, equipment, f3cilities or p3rk property or 3ppurten3nces wh3tsoever, either real or personal. (3) No unauthorized person shall transplant or remove from any park area or public beach any sand whether submerged or not or any soil, rock, stones, trees, shrubs, plants, seeds, flowers, fruits, nuts, down timber or other wood materials; make any search or excavation by tool, equipment, blasting or other means or agency; construct Ordinance No. 8007-08 or erect any buildings or structures of whatever kind whether permanent or temporary in character; or run or string any public service utility into, upon or across such lands. Exceptions shall be permitted for minor excavations involving the recovery of lost artifacts on the public beaches or public parks, provided such minor excavations are immediately refilled and no safety hazards to the public are created. Metal detectors are allowed bv obtaininq a permit from the Parks and Recreation Department. (4) Preservation of archaeoloqical and historic sites: no person shall excavate. disturb or remove any historic or prehistoric cultural artifacts, nor any bones. shells. or qeoloqical specimens on land owned or manaqed bv the City. except as part of an authorized and designated study for scientific, documentation or research purposes, and onlv with written permission from the City Manaqer or their desiqnee. Scientific evaluation excavation of any desiqnated or non-desiqnated archaeoloqical site may not be conducted without a state permit. ill (41 Trees, shrubbery and lawns are property assets of the park. No unauthorized person shall cut, carve or injure the bark, break off limbs or branches of trees or mutilate trees in any way or pick the flowers, fruits, seeds or nuts of any tree or plant. No person shall dig in or otherwise disturb the grass areas or in any other way injure or impair the natural beauty of usefulness of any area. No person shall pile debris or material of any kind on or about any tree or plant or attach any item that could result in damage to any tree or plant, whether temporary or permanent in character or use. ill.l (af No person shall tie any animals to any tree or plant. ill (ej No person shall stand or sit on any structure not intended for such use in any park. (8) No person shall use tacks, nails. staples or other items that penetrate wood on shelters, siqns, trees, etc. (9) No person shall use water from park water fountains, hose bibs and sinks in restrooms for the purpose of bathinq. Bathinq is allowed onlv in specific bathhouses set aside for such purposes. Section 22.29. Refuse and trash. No person shall deposit or drop or place any refuse including bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, 'Naste, garbage, tobacco products, containers or foil upon the ground, park water, or in or on any other park property, park'Nay or other area operated or maintained by the city except in the receptacle provided for trash disposal. No person shall dispose of any paper, bottles. waste. qarbage. trash, ciqarette butts. debris, or other litter of any kind on any City owned or operated park, beach or recreation area except in proper receptacles and recvclable containers. Onlv such paper, waste, qarbaqe, trash. debris or other litter as may have been created or accumulated in the use of a park, beach or recreation area shall be disposed in such Ordinance No. 8007-08 receptacles. If there are no such trash receptacles available, then refuse shall be carried away from the park area by the ~ party to be properly disposed of else\^..here where a receptacle is available. * * * Sec. 22.31. Protection and preservation of wildlife. (1) No unauthorized person shall molest, harm, frighten, kill, net, trap, snare, hunt, chase, shoot or throw or propel by any means missiles at any wildlife creature whether it is mammal, aquatic or marine life or a bird or a reptile roaming free about the public beach or park. No unauthorized person shall remove or possess in any public beach or park the young of any wild animal or the nest or eggs of any reptile or bird or collect, remove, or possess, give away, sell or offer to sell, buy or offer to buy or accept as a gift any such specimen, dead or alive. (2) No unauthorized person shall place, dump, abandon or leave any fish, mammal, reptile, or bird, either wild or domestic, on a public beach or park property. (3) No person shall feed any feral or wild animal or attempt to pet any wildlife on park property. Section 22.33. Bathing and swimming areas and the Courtney Campbell Recreation Area. (1) No person, regardless of age, sex or manner of dress shall swim, wade or bathe in waters or waterways in any park other than at such places set aside for such activities. (2) No person shall carry, transport, or cause to be transported any glassware, bottles or any other potentially dangerous or sharp objects onto any portion of the Courtney Campbell Recreation Area or onto any public beach, or into any bathing, wading, or swimming pool areas of a public beach, a park, or the Courtney Campbell Recreation Area. (3) No person shall frequent any park waters or public bathing beach for the purpose of swimming or bathing except between such hours of the day as shall be designated or posted by the department for such purposes for each individual area. (4) Persons using public beaches or the Courtney Campbell Recreation Area shall obey all rules posted by marine department personnel and other rules affecting beach use and water safety which are implemented as the situation dictates. (5) Illegal drugs and all alcoholic beverages are prohibited on any public beach or on any portion of the Courtney Campbell Recreation Area. Ordinance No. 8007-08 ., (6) Surfboards, sailboats, motorboats, personal watercraft, or singular hard-surfaced objects are not permitted to be beached on any public beach or to be operated within safe bathing limits associated therewith unless authorized. (A) Authorized area for skim boards and surf boards on Clearwater Public Beach are: Eastern boundary coordinates: 27 degrees, 59 minutes, 06 seconds north latitude, 82 degrees, 49 minutes 44 seconds west longitude at the shoreline to approximately 153 yards north at 27 degrees, 59 minutes, 11 seconds north latitude, 82 degrees, 49 minutes, 44 seconds west. The western boundary coordinates are: 27 degrees, 59 minutes, 11 seconds north to 82 degrees, 49 minutes, 50 seconds west and 27 degrees, 59 minutes, 06 seconds north and 82 degrees, 49 minutes, 50 seconds west longitude. This is an approximate 153 yard by 330 yard area extending from the mean high water line of Clearwater Public Beach westward into the Gulf of Mexico 330 yards, not to exceed the above coordinates. (7) Open fires, grills, or other cooking or heating devices are not permitted on any public beach. (8) Public Beaches and the Courtney Campbell Recreation Area, as well as the swimming areas associated therewith, may be closed to the public when, in the opinion of the harbormaster, use of such areas is considered dangerous due to weather, surf or other conditions. (9) Persons using public bathing beaches or other parks must be appropriately dressed for each activity. It shall be unlawful for any person to appear nude in public as defined in Section 21.13 of this Code, as may be amended from time to time. Under no circumstances shall a person be allo'Ned to sunbathe or s':.:im in the nude (10) No person shall enter upon any erosion control structure, including breakwater, jetties, or groin except as authorized. (11) No unauthorized person shall enter or occupy or use in any manner any lifequard stand or station, or other lifesavinq equipment at any time. (12) No persons or pets shall wash or be washed, with soap or other cleaners, in any swimminq area or any other public waters, includinq but not limited to beaches. storm water. lakes or streams. * * * Section 22.35. Fishing. (1) Fishinq will be in accordance with the State Fish and Wildlife Conservation Commission and the State Department of Environmental Protection rules and requlations. Ordinance No. 8007-08 m (-B Commercial fishing or the buying or selling of fish caught in any park waters is strictly forbidden. ru (2) The use of trotlines for fishing in park waters is forbidden and the use of cast nets for fishinq in fresh water in parks is forbidden. (3) Fishing is permitted in park are:::lS but is prohibitod from any public bathing beach or 'Nithin ~my safe bathing limits or restricted area associated there'Nith. (4) Fishinq is permitted in all parks except those desiqnated with si~maqe not allowinq fishinq. (5) Unwanted fish must be properly disposed of in trash receptacles and not left on piers, catwalks or roads. (6) No person shall at any time fish from beaches in any area where bathinq and swimminq are permitted nor within any safe bathinq limits or restricted area associated therewith. * * * Sec. 22.40. Domestic animals. (1) Dogs and other pets shall be excluded from any place where food and drinks are consumed or where posted. (2) Other than as specifically provided for below, in -I-A those park areas where dogs and other pets are allowed, the dogs shall at all times be restrained and on adequate leashes, and all other pets shall be under constant physical control of a person. (3) At Crest Lake and Enterprise Doq Parks only, there are areas designated for doqs off leash. Doqs in these desiqnated areas must be accompanied by their owner, be under vocal control and not cause a public nuisance, safety hazard or harass wildlife. .l1l (~ All pets shall be excluded from all public beaches, public pools, and swimming areas abutting public beaches and parks. (1) The O'Nners of animals or the persons having control over the animals shall remove all excrement deposited by their animals on park property, public beaches, and the Courtney Campbell Recreation Area. (5) In the case of pet defecation on park property or Courtney Campbell Recreation Area. the owner or person in charqe or in control of the pet shall remove all feces deposited by such animal and dispose of same in a sanitary manner. Ordinance No. 8007-08 @ (at Seeing Eye dogs, guide dogs, signal dogs, or other animals individually trained to provide assistance to an individual with a disability shall be permitted in all public areas and public facilities. An individual with a disability utilizing such animals shall be excluded from the requirement contained in subsection ~ @ if the individual is physically incapable of removing the excrement deposited by the animal. * * * Sec. 22.46. Parking. (1) No person shall park a vehicle any place on park property other than in the designated areas or at designated times provided for that particular type of vehicle, unless directed otherwise by law enforcement officers, department employees, or as authorized. (2) No person shall double park any vehicle at any time on any road or parkway or parking concourse of park property, unless so directed by a law enforcement officer or department employee. (3) No person shall park or station any vehicle in any zone desiqnated and marked "no parkinq" or otherwise marked for restricted use. i.1l (~ No person shall park a vehicle overnight in any park unless authorized. @ (41 No person shall park any vehicle at any time on any public beach. * * * Sec. 22.49. Organized activities or potentially dangerous games. (a) No person or persons shall engage in rough or potentially dangerous activity such as football, baseball, softball, horseshoes, tennis, volleyball, badminton, or any other organized activity involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, shuttlecocks, frisbees, model aircraft or roller skates on any public bathing beach or park property except in areas set aside for that purpose. (b) No person or persons shall engage in rough or potential angerous informal activity, games or practice for such games such as footb ,baseball, softball, horseshoes, tennis, volleyball, badminton~, or any other ames, practices or exercise involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, shuttlecocks, frisbees, model aircraft or roller skates propel a person by a wheeled device like a skateboard, roller skates, and in-line skates on any public b:1thing beach or p:1rk property except in the areas set aside for that purpose when such :1ctivity presents :1 thre:1t of injury or loss of life to :1ny person. Ordinance No. 8007-08 (c) Use of park property is limited to its intended use only. unless permission is qranted in writinq by the City Manaqer or his or her desiqnee. Skateboardinq shall be qoverned bv this section and in accordance with Section 28.11 of this Code, as amended from time to time. (d) No person or persons shall trespass on or use athletic fields that are posted for use by permit only without a valid permit. * * * Section 22.53. Merchandising, vending, peddling. No person other than the department or regularly licensed concessionaires acting by and under the authority of the city shall expose or offer for sale, rent or trade any article, food or drink of any kind, service or thing or station or place any stand, cart or vehicle for the transportation, sale or display of any article or merchandise within the limits of any public beach, the Courtney Campbell Causeway Recreation Area, or park except by written authorization from the department. * * * Sec. 22.60.. Trails. (1) Only authorized motor vehicles are permitted on any trail within Clearwater, except vehicles needed by persons with disabilities. (2) No person shall travel on a trail at a speed qreater than is reasonable and prudent under the conditions and havinq reqard to the actual and potential hazards then existinq. In every event. speed shall be controlled as may be necessary to avoid collidinq with others who are complyinq with the law and usinq reasonable care. (3) No person shall travel on a trail in a neqliqent manner. For the purpose of this section "travel on a trail in a neqliqent manner" shall be construed to mean any form of travel on a trail in such a manner as to endanqer or be likely to endanqer any persons or property. (4) For the purpose of this section "travel" shall be construed to include all forms of movement or transportation on a trail, includinq but not limited to foot. bicycle, horse, skateboard. roller skates and in-line skates. (5) Every person travelinq on a trail shall obey the instructions of any official traffic control device applicable thereto placed in accordance with applicable laws unless otherwise directed by a police officer. Section 2. This ordinance shall take effect immediately upon adoption. Ordinance No. 8007-08 .' I' PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED A~ved as to form: .. . ~~ Laura Lipowskl Assistant City Attorney November 6, 2008 November 18, 2008 .' /' ~)~' " i~{~,.,~~ 1<'11l~8{:' Frank V. Hibbard Mayor Attest: ~[ ~. O..C-O _ Cy ia E. Goudeau City lerk Ordinance No. 8007-08