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8214-10ORDINANCE NO. 8214-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PARKS; AMENDING CHAPTER 22, PARKS, BEACHES, RECREATION; SECTION 22.24, AUTHORITY TO REGULATE BEACHES, PARK PROPERTY, AND THE COURTNEY CAMPBELL RECREATION AREA TO INCLUDE REFERENCE TO APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES; CORRECTING MINOR SCRIVENER'S ERROR IN CHAPTER 22 SUBSECTION NUMBERING; AMENDING APPENDIX A TO DEFINE PERMANENT RESIDENCE FOR PURPOSES OF THE APPLICATION OF FEES; 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, including the setting of fees, rates and charges; and WHEREAS, in accordance with such authority, said fees, rates and charges are provided for in Appendix A of the Code of Ordinances and are hereby cross-referenced, where applicable, in Chapter 22; and WHEREAS, Appendix A establishes the class of city residents, including one occupying a "permanent residence" for purposes of applying resident and non-resident fees; and WHEREAS, the definition of "permanent residence" is hereby clarified for such purposes; 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* * * Ordinance No. 8214-10 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. See Appendix A for Schedule of Fees, Rates and Charges for the use of Parks and Recreation facilities. (2) The hours of operation for each city park, as may be amended from time to time, are as follows: TABLE INSET: 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 CHAUTAUQUA PARK 9 CHAUTAUQUA PARK NORTH (Enterprise Rd.) 10 CHAUTAUQUA PARK SOUTH 11 CHERRY HARRIS PARK 12 CLIFF STEPHENS PARK 13 COOPERS BAYOU PARK 14 COUNTRY HOLLOW PARK 15 CYPRESS BEND PARK 116 CYPRESS POINT PARK Ordinance No. 8214-10 17 D.D. DAVIS PARK 18 DREW PLAZA 19 GARDEN AVENUE PARK 20 GLEN OAKS PARK 21 GLENWOOD PARK 22 HARDING PLAZA 23 HIBISCUS LAKE 24 HILLCREST PARK 25 LAKE HOBART SOUTH 26 LAKE LUCILLE 27 MANDALAY PARK 28 NO. GREENWOOD REC/AQUATIC COMPLEX PLAYGROUND 29 NORTHEAST COACHMAN PARK 30 NORTHWOOD PARK 31 OVERBROOK PARK 32 SALLS LAKE 1 & 2 33 SOULE ROAD PARK 34 SPRING LAKE PARK 35 STATE STREET PARK 36 STATION SQUARE PARK 37 SUNSET POINT ROAD PLAYFIELD 38 TERRACE LAKE 39 TOWN PLACE PARK 2. CLOSED FROM 9:00 PM UNTIL 6:00 AM: 40 COACHMAN PARK 41 COURTNEY CAMPBELL RECREATION AREA 42 COUNTRYSIDE LIBRARY PLAYGROUND 43 MAGNOLIA STREET DOCK 44 MEMORIAL PARKS 1 & 2 45 MORNINGSIDE RECREATION COMPLEX Ordinance No. 8214-10 46 NO. GREENWOOD REC. & AQUATIC COMPLEX 47 PROSPECT LAKE PARK 48 ROSS NORTON COMPLEX & ED WRIGHT PARK 49 TURNER STREET DOCK 50 WOOD VALLEY RECREATION CENTER 3. CLOSED FROM 10:00 PM UNTIL 6:00 AM: 51 BAYFRONT TENNIS COMPLEX 52 BELMONT PARK 53 CLW. BEACH FAMILY AQUATIC & REC. CMPLX. 54 COACHMAN RIDGE PARK 55 COUNTRYSIDE COMMUNITY PARK 56 DEL ORO PARK (Trail: Sunrise to Sunset) 57 FRANK TACK PARK 58 MARYMONT PARK 59 MONTCLAIR PARK 60 PLAZA PARK 61 SID LICKTON PARK & FRED COURNOYER CT. 62 SUNSET SAM PARK AT ISLAND ESTATES 63 U.S. 19 SOCCER PRACTICE FIELDS 64 VALENCIA PARK 4. CLOSED FROM 11:00 PM UNTIL 6:00 AM: 65 CREST LAKE PARK 66 EDGEWATER DRIVE PARK 67 FOREST RUN PARK 68 JOE DIMAGGIO COMPLEX 69 LONG CENTER 70 McKAY PLAYFIELD 71 PIER 60 PARK 72 WOODGATE PARK 5. OPEN 24 HOURS PER DAY: Ordinance No. 8214-10 73 CLEARWATER BEACH 74 MEMORIAL CAUSEWAY 75 SAND KEY BAYSIDE PARK 76 SEMINOLE DOCKS 6. OPEN FOR SCHEDULED PROGRAMMING ONLY: 77 CARPENTER FIELD 78 COOPERS POINT NATURE PARK 79 COUNTRYSIDE SPORTS COMPLEX 80 DAVID MARTIN SOCCER FIELDS 81 E. C. MOORE COMPLEX (1-9) 82 HENRY L. MCMULLEN TENNIS COMPLEX 83 LAWN BOWLS & SHUFFLEBOARD COMPLEX 84 MISSOURI AVE. (DOT) 85 MOCCASIN LAKE NATURE PARK 86 PHILLIP JONES PARK CITY OWNED PROPERTIES- LEASED TO OTHERS (Hours of operation established by Lessee): 87 BRIGHTHOUSE NETWORK FIELD 88 CHI-CHI RODRIGUEZ GOLF COURSE 89 CLEARWATER COUNTRY CLUB 90 CLEARWATER EXECUTIVE GOLF COURSE 91 HARBORVIEW CENTER 92 HOLT AVE. PROPERTY 93 JACK RUSSELL STADIUM 94 KINGS HIGHWAY RECREATION CENTER 95 MARTIN LUTHER KING RECREATION CENTER 96 PERFORMING ART CENTER & THEATER (PACT) 97 SAILING CENTER (43) Each city park shall have at least one prominently posted sign that states the hours of operation for that park. Ordinance No. 8214-10 (24) 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. R5) The City Manager or his or her designee may prohibit a party from parking 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 parking inhibits or prevents others from parking at the park facility in order to use the facility as intended. Section 2. Appendix A of the Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: Appendix A Schedule of Fees, Rates and Charges* XI. Parks, Beaches, Recreation: * * * (2) The criteria which establish the class of city residents for the purpose of the fees above are: (a) Permanent residence within the incorporated boundaries of the city;. For purposes of this Section, Permanent Residence shall mean a place where a person has his or her true,- fixed, and permanent home and principal establishment which, whenever absent, he or she has the intention of returning. Residence shall mean such permitted uses of the use cate o "Residential" in the Clearwater Community Development Code, as may be amended from time to time. (b) Ownership of real property within the incorporated boundaries of the city, as evidenced by the official tax rolls maintained by the county; (c) Tourists and guests temporarily residing at properties three months or less, within the incorporated boundaries of the city as evidenced by a motel key or another resident member; (d) Persons who are employees of the city, and their family which is hereby defined as: "Husband and wife or legal guardian and their children who live in the same household, who are 18 years of age or under, or less than 23 years of age and a full time college student"; (e) Persons who are retirees of the City of Clearwater; (f) Active Military personnel and their family as defined in (d); Ordinance No. 8214-10 (g) Full Time employees or clients of the Upper Pinellas Association for Retarded Citizens (UPARC), for use of the Long Center facility and programs only; (h) Corporate memberships (for businesses within the incorporated boundaries of the City) where the first ten memberships of the corporation are paid as applicable non-resident fees; the eleventh membership and over are considered resident memberships with applicable resident fees being applied. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING seRtember 22, 2010 PASSED ON SECOND AND FINAL READING AND ADOPTED Ap oved as to form: J'z? 0,-( )?? aura Lipowski Mahony Assistant City Attorney Frank V. Hibbard Mayor , ` jL0FTAff Attest: Rosemarie Call City Clerk n Ordinance No. 8214-10