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3224-83 ORDINANCE NO. 3224-83 H AN ORDINANCE OF THE CITY OF CLEARWA TER, FLORIDA, AMENDING CODE OF ORDINANCES, CITY OF CLEARWATER TO ENACT A NEW CHAPTER 119, CITY OF CLEARWATER PUBLIC PARKS AND PUBLIC BATHING BEACHES, ESTABLISH- ING RULES AND REGULATIONS CONTROLLING THE PUBLIC'S USE OF CLEARWATER PARKS AND RECREATION FACILITIES AND PUBLIC BATHING BEACHES; PROVIDING FOR EN- FORCEMENT OF RULES AND REGULATIONS; PROVIDING PENALTIES FOR VIOLATIONS OF RULES AND REGULATIONS; PROVIDING FOR THE TERRITORY TO BE EMBRACED; PRO- VIDING FOR SEVERABILITY; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA ; Section 1. That the Code of Ordinances, City of Clearwater, be and the same is hereby amended by the enactment of a new Chapter 119, City of Clearwater Public Parks and Public Bathing Beaches, to read as follows; CHAPTER 119, CITY OF CLEARWATER PUBLIC PARKS AND PUBLIC BATHING BEACHES. Section 119. 01 (a) PARKS and other AREAS OPERATED AND MAINTAINED BY THE CLEARWATER PARKS AND RECREATION DEPARTMENT are defined as real property and structures which are under the control of or assigned for upkeep, maintenance or operation by the Clearwater Parks and Recreation Department. (b) PARK PROPERTY when used hereinafter is defined to cover all areas, buildings, locations and facilities described in the foregoing paragraph. (c) PUBLIC BATHING BEACHES when used hereinafter are defined as public beaches abutting the Gulf of Mexico which are assigned to the Clearwater Parks & Recreation Department for upkeep and maintenance and to the Clearwater Marine Department for operation. (d) PERSON when used hereinafter is defined as any individual regardless of age or sex, or any corporation, company, association, firm, partnership, co-partnership, club or society, or any association of persons, or any agent or employee thereof. (e) VEHICLE is defined to mean any wheeled conveyance (except a baby carriage or wheel chair) for the transportation of persons or materials whether (1) powered or drawn by a motor, such as an automobile, truck, motorcycle, scooter, moped, or (2) human/ animal-drawn conveyance such as a carriage, wagon or cart, or (3) self-propelled, such as a bicycle or tricycle, or (4) any trailer in tow of any size, kind or description. - 1 - 4rd,'..3224-83 10-6-83 1 0 (f) PARKING AREA is defined to mean any designated part of any park road, drive or special area contiguous thereto that may be set apart for the standing or stationing of any vehicle. , (g) PARK ROADS are defined as all surfaced areas designated for vehicular traffic, and passing through any legally defined park or recreational area or any part thereof. (h) DEPARTMENT when used hereinafter, is defined at CLEARWATER PARKS AND RECREATION DEPARTMENT OR MARINE DEPARTMENT. (i) DIRECTOR refers to the director of the Clearwater Parks and Recreation Department, or his designee. (j) MARINE DEPARTMENT when used hereinafter is defined as Clearwater Marine Department. (k) HARBORMASTER refers to the Director of the Clearwater Marine Department. (1) AUTHORIZED or AUTHORIZATION when used hereinafter means that the City Manager, Director, Harbormaster, or their designee must officially approve and authorize said requests. Authorization entails a written letter or memorandum granting the request. (m) SAFE BATHING LIMIT when used herein is defined as the swimming or bathing area between the shoreline and a point 300 feet offshore, which area may be marked by buoys or other similar devices. Section 119, 02 TRAFFIC LAWS. Applicable state vehicle traffic laws as contained in Chapter 316 Florida Statutes shall apply in and about all park property, and public bathing beaches, and in addition thereto the following rules shall be applicable on roads and driveways within parks. (a) No person driving, operating, controlling or propelling any vehicle, shall use any other than the regularly designated park roads or driveways, except when directed to do so by a law enforcement officer, directional signs, or department employee. (b) 'The operator of any vehicle must obey all signs in regard to speed limits, danger, director of traffic, and other traffic rules specifically applicable in park areas. (c) All law enforcement officers and department employees are hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and recreation areas. All persons shall comply with any lawful order, signal, or c. `ion of law enforcement officers and department employees, -2- Ord; 322+-83 10-6-83 (d) No person shall drive a vehicle at a speed greater than is reasonable or prudent, having due regard for the surface, width and condition of paving and the traffic thereon. All motorized vehicles shall give right-of-way to pedestrians or self--propelled vehicles. Maximum speed shall be 15 miles per hour in all City Parks. (e) No person shall cause any vehicle to enter any City Park -except through the designated Park Entrance, except for authorized emergency vehicles when conditions warrant. (f) No unauthorized person shall drive, operate, control, or propel any vehicle on any public bathing beach at any time. Section 119.03 TRUCKS AND OTHER VEHICLES No private or public trucks, carts, wagons or other vehicles carrying building materials, merchandise, or other articles of freight or merchandise for sale, shall enter any park or recreation area or make use of park roads unless authorized. Exception is made for empty trucks not for hire and used solely at the time for transporting persons to a park for recreational purposes. Section 119.04 SOLICITING RIDES OR FARES No pedestrian shall solicit rides from any driver, nor shall any driver of any vehicle for hire solicit riders in any park unless authorized. Section 119.05 MOTORCYCLES AND MOPEDS. No person shall ride, drive or propel any motorcycle, scooter, moped or similar vehicle on any but the regular vehicular roads. Section 119.06 PARKING (a)' 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. (b) No person shall double park any vehicle at any time on any road or parkway or parking concourse, unless so directed by a law enforcement officer or department employee. (c) No person shall park a vehicle overnight in any park unless authorized. (d) No person shall park any vehicle at any time on any public bathing beach property. Section 119.07 PRESERVATION OF PROPERTY 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. -3- Ord. 3224783.- 10-6-83 a (a) As all property in all parks is City property, no unauthorized person shall willfully mark, deface, or injure in any way, or displace, remove or tamper with any park building or building material, water lines or other public utilities or parts of appurtenances thereof, park signs, notices or other boundary markers, or other structures, or equipment, facilities or park property or appurtenance3 whatsoever, either real or personal. (b) No unauthorized person shall remove from any park area any beach sand whether submerged or not, or any soil, rock, stones, trees, shrubs, plants, seeds, flowers, fruits or nuts, down timber or other wood materials, or make any search, excavation by tool, equipment, metal detector, blasting or other means or agency, or construct 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. (c) Trees, shrubbery and lawns are property, assets of the park and no unauthorized person shall cut, carve or injure the bark, or break off limbs or branches or mutilate in any way, or pick the flowers, fruits, seeds or nuts of any tree or plant, nor shall any person dig in or otherwise distrub the grass areas, or in any other way injure or impair the natural beauty or usefulness of any area, nor shall any person 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. (d) No unauthorized person shall transplant or remove any tree or plant or part thereof. (e) No person shall tie any animal to any tree or plant. (f) 'No persons shall stan d or sit on any structure not intended for such use in any park. Section 119.08 PROTECTION AND PRESERVATION OF WILD LIFE (a) 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 be it mammal, aquatic or marine life, bird or reptile roaming free about the park or in captivity in a cage, nor shall any unauthorized person remove or possess the young of any wild animal or the nest or eggs of any reptile or bird or to collect, remoye, or possess, give away, sell or offer to sell, buy or offer to buy, or accept as a gift any specimen dead or alive. (b) No unauthorized person shall place, dump, abandon or leave any fish, mammal, reptile, or bird, either wild or domestic on park property. -.}.. Ord .:3224-83 10.-6-83 Section 119. 09 RECREATION ACTIVI'T'IES It is the responsibility of each person to conduct recreational activities in such a manner so as to prevent injury or loss of life to any person. Therefore, it is necessary to prescribe rules and regulations to govern recreational activities in the park areas and on public bathing beaches. (a) No person shall play golf or use golf balls and clubs within the park areas or on the public bathing beaches, except in areas set aside for that purpose.' (b) No person shall operate or permit to be operated any engine driven model airplane within any park area or on the public bathing beaches, except in an area specifically designated by the Director of Parks and Recreation as. suitable for such activity. (c) Disorderly conduct as defined and prescribed in Section 150.14 of the Code of Ordinances is prohibited in any park area or on the public bathing beaches. 5 Section 119. 10 BATHING AND SWIMMING (a) 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. (b) No person shall carry, transport, or cause to be transported any glassware, bottles or any other potentially dangerous or sharp objects on any beach, or into any bathing, wading, or swimming pool areas. (c) No, person shall frequent any park waters or bathing beach for the purpose of swimming or bathing except between such hours of the day as shall be designated and posted by the department for such purposes for each individual area. (d) No pets shall be allowed in or on bathing areas. (e) Persons using public bathing beaches 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. {f) . Illegal drugs and all alcoholic beverages are prohibited on any public bathing beach. (g) Hard-surfaced objects such as skim boards, surfboards, sailboats, boats, or singular objects are not permitted on any public bathing beach or within safe bathing limits associated 'therewith unless authorized. (h) Open fires, grills or other cooking or heating devices are not permitted on any public bathing beach. (i) Littering of any public bathing beach is strictly prohibited. Persons will place trash in disposal containers or carry their refuse from the beach. -5- 10-6.83 I W ,: (j) No person shall engage its rough or potentially dangerous games or practices while on any public bathing beach or within any safe bathing limits associated therewith. Rough or dangerous games or practices shall mean those games or practices that include body contact. Thrown or propelled bbjects will be used only in areas specifically designated and set aside for such activity. (k) Public bathing beaches and safe bathing limits associated therewith may be closed to the public and bathing prohibited when, in the opinion of the Harbormaster or his designee, use of such areas is considered dangerous due to weather, surf or other conditions. (1) Persons using public bathing beaches or other parks must be appropriately dressed for each activity. Under no circumstance shall a person be allowed to sunbathe or swim in the nude. (m) No persons shall enter upon any erosion control structure, including breakwater, jetties, or groin except as authorized. Section 119. 11 BOATING (a) No unauthorized person shall bring into or operate any motorized (except electrical) water craft in any park property waters. (b) No person shall bring into or operate any boat or watercraft of any kind whatsoever, whether motorized or not, in any safe bathing limits or restricted area associated with any public bathing beach of the city, except city vessels performing official tasks. Section 119.12 FISHING (a) Commercial fishing or the buying or eelling of fish caught in any park waters is strictly forbidden. (b) The use of trot lines for fishing in park waters is forbidden. (c) Fishing is permitted' in park areas but is prohibited from. any .public bathing beach tir within atay safe bathing limits or- "t•estricted area associated therewith. Section 119.13 HUNTING AND FIREARMS (a) No unauthorized person shall carry, use or possess firearms of any description, air rifles, pistols, rifles, spring guns, bows and arrows, slingshots, boomerangs, or any other form of weapon potentially dangerous to wildlife or human safety on or in any park area or property except at and in accordance with the rules and regulations as a participant in a program sponsored by the department. (b) No unauthorized person shall hunt, trap, or pursue wildlife by any means or method whatsoever in any park area. orda.,3224-83 . ?6- 1,0-6-83 Section 119. 14 PICNIC AREAS AND USE (a) No person shall build, light or cause to be lighted any fire except in an approved grill, stove, fireplace or other suitable container provided for such purposes in the park, nor shall any person starting a fire leave the area without exinguishing the fire. To maintain cleanliness and order as well as to reduce fire hazard, each picnic party shall see that all trash such as boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If there are no such trash receptacles available, then refuse shall be carried away from the park area by the picnic party to be properly disposed of elsewhere. (b) No person shall use a grill or other device in such a manner as to burn, char, mar or blemish any bench, table, or other object of park property. (c) Department personnel will regulate activities in picnic areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. If the facilities are crowded, persons holding picnics in any picnic area, building or structure shall not use the same to the exclusion of others for an unreasonable time. Where the picnic facilities are fully occupied, use of any picnic site more than three hours shall be unreasonable. Use of the individual tables and benches follows generally the rule of "first come, first served. " Section 119, 15 GAMES No person or persons shall engage in rough or potentially dangerous games or practice for same, such as football, baseball, softball, horseshoes, tennis, volleyball, badminton, or any other games, practices or exercise involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, shuttlecocks, frisbees, model aircraft or roller skates except in the areas suitable for such activities. Section 119.16 HORSEBACK RIDING "No person shall engage in horseback riding in anv park or recreation area other than those where provision for such is made by clearly marked bridle paths, trails, rings, and other necessary features and then only upon thoroughly broken and properly restrained animals that are ridden with care, prevented from grazing, straying unattended, untethered to any rock, tree or shrub, and not ridden or led on any park land other than so designated. Section 119'. 17 DOMESTIC ANIMALS (a). Dogs and other pets will be excluded from any place where 'food and drinks are consumed. (b) All pets shall at all times be restrained and on adequate leashes. (c) In compliance with the regulations of the State Board of Health, all pets are excluded from all swimming areas. (d) Seeing Eye and Guide Dogs shall be excluded from these regulations concerning domestic animals, and shall be permitted in all park areas and facilities. -7- Ord. 3224-83 10-6-83 Section 119.18 FIREWORKS AND EXPLOSIVES No.person shall, without prior authorization, bring into, or have in his possession, or set off or otherwise cause to explode in any park area any fireworks or explosives of inflammable material or any substance, compound, mixture, or article that, in conjunction with any other substance or compound, may explode, discharge, or burn. Section 119.19 POLLUTION OF WATERS Using the fountains, ponds, .lakes, streams, bays or any other bodies of water within the parks, or the tributaries, storm sewers or drains flowing into them, as dumping places for any substance or matter or thing which will or may result in the pollution of said waters is hereby prohibited. Section 119.20 REFUSE AND TRASH No person shall deposit or drop or place any refuse including bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, tobacco products, containers or foil, upon the ground, park water, or in or on any other park property, parkway, or other area operated or maintained by the department, except in the receptacle provided for trash disposal. Section 119 . zl AIRCRAFT (a) No person operating, directing, or responsible for any airplane, helicopter, glider,, balloon, dirigible, parachute or other aerial apparatus shall take off from or land in =or on any park land, water, or public beach area except when human life is endangered or written authorization is granted. (b) No person operating any aircraft shall engage in acrobatic flight over park property. (c) No person shall take off, land or otherwise operate any aircraft as defined above in or over any safe bathing limits associated with any public bathing beach. Section 119.22 USE OF VEHICLES No person except in emergencies, shall change any parts, repair, wash,. grease or perform other maintenance on a vehicle on any park property. Section 11 ,9.23 GAMBLING No person shall conduct raffles, bingo games, card games for money ar drawings for prizes or participate in any other forms of gambling, within park areas unless permitted by State law and authorized. +? ..Ord.',-3224-83 I0-6-83 Section L19-,?,t NOISE No person entering or being upon park properties shall make excessive unnecessary noise within the limits of any park or recreation area. Section 119.25 _MERCHANDISING, VENDING, ALMS, PEDDLING AND CONTRIBUTIONS (a) No person other than the department or regularly licensed concessionaires acting by and under the authority of the City of Clearwater shall expose or offer for sale, rent, or trade, any article, 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 park or recreation area except by written authorization. (b) No person shall solicit alms or contributions for any purpose, whether public or private. Section 119.26 ADVERTISING, PUBLICITY, AND SIGNS (a) No person shall use park property for the purpose of announcing, displaying, advertising or calling attention to any person, political party, religious institution, or meetings or assemblies thereof, or for the purpose of demonstrating, advertising or calling attention to any article or service for sale or for hire, nor shall any signs, slogans, loud speakers or advertising display of any nature whatever be used for such purposes; no person shall place or station on park land any vehicle whatsoever displaying any such advertising or used for such purposes as hereinafter mentioned except by authorization as outlined in Section 119.27. (b) No person shall display, distribute, post or fix any banner, sign, handibll, pamphlet, circular, placecard, or any other printed matter containing advertising within any park area, without authorization. (c) No person shall drive, park or station on any park road, parkway, or parking lot any vehicle displaying a sign or notice that it "is for sale or. exchange or otherwise display advertising. Section 119.27 SPECIAL EVENTS AND PUBLIC ASSEMBLIES OR MEETINGS (a) Sports events; pageants, enteretainments, and similar productions characterized as public spectator attractions are allowed in parks. provided authorization is given in compliance with the Special Events Ordinance in Article III, Sections 116.30 through 116.38, Clearwater Code of Ordinances. (b) Public meetings, assemblies, gatherings, demonstrations, parades and other public expressions of views are allowed within park areas provided authorization is given in compliance with the Special Events Ordinance in Article III, Sections 116.30 through 116. 38, Clearwater Code of Ordinances. -9" 1.0-6-83 0 (c) Any and all rental fees and insurance requirements, if required for activities under this section, must be met. (d) No public address system or electrical amplification will be permitted in park areas except by special permit. Section 119.28 DRUNKENNESS AND USE OF NARCOTICS No person under the influence of alcohol or illegal drugs will be permitted entry to park properties and if discrovered therein, will be subject to immediate expulsion and/or suspension. Section 119.29 INTOXICATING LIQUORS, BEERI WINE AND NARCOTICS No person shall sell, consume or have in his possession any alcoholic liquors, beer, wine, and illegal drugs or narcotics of any form on any park property. The provisions of this section shall not be construed to limit or abrogate the provisions of Section 72.07 (d) (4) of the Code of Ordinances. Section 119.30 PROPER USE OF FACILITIES (a) No person over the age of six (6) shall occupy or enter any restroom, dressing room, bathhouse or pavilion or other park structure thereof which is reserved or designated by the department for the exclusive use of the opposite sex.. (b) No person other than persons using restroom, dressing room, or bathhouse shall stand or remain in and around such restroom, dressing room, or bathhouse. Section 119.31 CAMPING (a) No person shall set up tents, shacks or any other temporary shelters, or any special vehicle 'to be used, or that could be used for such purpose, such as house-trailer, camp-trailer, camp-wagon, or the like, for the purpose of overnight camping except within such areas as may have been provided for such use, except as authorized. (b) All persons using the approved and properly designed camping areas shall abide by such regulations as are drawn up by the department for the proper use thereof. (c) No persons shall sleep in any park property which has not been designated for the purpose of overnight camping, or as authorized, between 11:00 P.M. and 6:00 A. M. Section 119.32 PHOTOGRAPHY No person shall,without prior authorization make still or moving-pictures that involve the use of special settings, structures, lighting or apparatus, or the performance of a cast of'persons, either amateur or professional. -10- (a) -8-83 10 Ord., 3224'_O ' Esc '` (b) Bona fide newspaper, press assuciation, news reel and/or television news department personnel, identified by press cards, or passes, and assigned by their respective editors to make photographs for use of such communications media, will be allowed in parks for said purposes. Section 119.33 MISCELLANEOUS Parents or guardians shall be held strictly responsible and accountable for the actions of minors in regard to this Chapter. Section 119.34 SPECIAL PERMITS Other recreational activities may be allowed by special permit if authorized. Section 119.35 ENFORCEMENT. OF REGULATIONS AND PERMITS All rules and regulations and permits contained in this Chapter are enforceable by all law enforcement officers. Those properly designated park employees and Marine Department employees may warn participants of ordinance violations and report same to the proper law enforcement officers for compliance. Section 119.36 PENALTIES Any person or persons who commit the offense of violating any of the provisions of this Chapter shall be subject to punishment by a fine in the sum not to exceed Five Hundred Dollars ($500.00), or by imprisonment in ,the County Jail for a period not to exceed sixty (60) days, or in combination of same. Section 119.37 AREAS EMBRACED All territory that includes department areas, buildings, locations, and facilities, including all areas within the City of Clearwater or owned by the City of Clearwater, whether the same be in the incorporated or unincorporated areas of the City, shall be embraced by the provisions of .this Chapter. Section 2. Should any part or provision of this ordinance be declared by a court of" competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part, declared to be invalid. Ord. 3224-83 10-6-83 Section 3, Notice of the proposed enactment of this ordinance has been properly, advertised in a newspaper of general circulation in accordance with Section 166.041, Florida Statutes. Section 4. This ordinance shall become effective ten (10) days after passage. PASSED ON FIRST READING September 151g83 AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED October 6, 1983 AS AMENDED , , ztg?