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8340-12'ORDINANCE NO. 8340-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PARKS; AMENDING CHAPTER 22, PARKS, BEACHES, RECREATION, ARTICLE II, USE REGULATIONS, SECTION 22.24(2), MODIFYING PARK HOURS FOR VARIOUS PARKS OR PORTIONS THEREOF; AMENDING SECTION 22.28(9) LIMITING BATHING TO RECREATION FACILITIES SPECIFICALLY SET ASIDE FOR SUCH PURPOSE; AMENDING SECTION 22.37, ELIMINATING REFERENCES TO BATHHOUSES; AMENDING SECTION 22.38, PROHIBITING CAMPING ON ANY PUBLIC BEACH OR PARK PROPERTY EXCEPT BY SPECIAL EVENT PERMIT; AMENDING SECTION 22.40(7), PROVIDING FOR AN EXCEPTION TO THE REGULATION OF ANIMALS ON PUBLIC BEACHES AND PARK PROPERTY TO ALLOW FOR THE TRAINING AND USE OF SERVICE ANIMALS IN ACCORDANCE WITH STATE AND FEDERAL REGULATIONS; AMENDING SECTION 22.59 REPLACING A REFERENCE TO CLEARWATER EXECUTIVE GOLF COURSE WITH THE LANDINGS GOLF CLUB AND REPLACING A REFERENCE TO CITY COMMISSION WITH CITY COUNCIL; AMENDING ARTICLE III, SPECIAL EVENTS, DIVISION 2, PERMIT, SECTION 22.86, APPEAL OF DENIAL, REPLACING ALL REFERENCES TO CITY COMMISSION WITH CITY COUNCIL; AMENDING SECTION 22.91, PROCEDURAL REQUIREMENTS; CERTAIN USE PROVISIONS NOT APPLICABLE, ELIMINATING REFERENCES TO RESERVED SECTIONS OF THE CODE OF ORDINANCES; 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 in the interest of the public health, safety and welfare to amend the Code of Ordinances, Parks, Beaches, and Recreation Use Regulations from time to time relating to: the hours of operation; appropriate uses of recreation facilities and appurtenances; the preservation of city property; reasonable restrictions on uses to preserve the safety of the public; and provide for exceptions to accommodate the disabled in city parks or certain portions thereof; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Ordinance No. 8340-12 0 Section 1. That Chapter 22, Section 22.24 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* � * * Sec. 22.24. Authority to regulate beaches, park property, and the Courtney Campbell Recreation Area. * * * (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 BELMONT PARK 6 CEDAR GROVES 7 CHARLES PARK 8 CHARTER OAKS 9 LAKE CHAUTAUQUA PARK 10 CHAUTAUQUA PARK SOUTH 11 CHERRY HARRIS PARK 12 CLIFF STEPHENS PARK 13 COOPERS BAYOU PARK 14 COUNTRY HOLLOW PARK 15 CYPRESS BEND PARK 16 CYPRESS POINT PARK 2 Ordinance No. 8340-12 17 D.D. DAVIS PARK 18 DEL ORO PARK TRAIL 19 DREW PLAZA 20 ED WRIGHT PARK 21 EDGEWATER DRIVE PARK �9 22 ENTERPRISE DOG PARK � 23 GARDEN AVENUE PARK � 24 GLEN OAKS PARK �3 25 GLENWOOD PARK �4 26 HARDING PLAZA �5 27 HIBISCUS LAKE � 28 HILLCREST PARK � 29 LAKE HOBART SOUTH � 30 LAKE LUCILLE �9 31 LAWN BOWLS & SHUFFLEBOARD COMPLEX - PARK AREA ONLY 32 MAGNOLIA STREET DOCK �A 33 MANDALAY PARK 34 McKAY PLAYFIELD � 35 NO. GREENWOOD REC/AQUATIC COMPLEX PLAYGROUND � 36 NORTHEAST COACHMAN PARK � 37 NORTHWOOD PARK �4 38 OVERBROOK PARK �5 39 PLAZA PARK 40 PROSPECT LAKE PARK 36 41 SALLS LAKE 1& 2 42 SAND KEY BAYSIDE PARK 43 SEMINOLE DOCK PARKS 3� 44 SOULE ROAD PARK � 45 SPRING LAKE PARK �9 46 STATE STREET PARK 4� 47 STATION SQUARE PARK 4-� 48 SUNSET POINT ROAD PLAYFIELD 49 SUNSET SAM PARK AT ISLAND ESTATES Ordinance No. 8340-12 4� 50 TERRACE L�4KE 43 51 TOWN PLACE PARK 52 TURNER STREET DOCK 53 VALENCIA PARK 2. CLOSED FROM 9:00 PM UNTIL 6:00 AM: 54 BAYFRONT TENNIS COMPLEX 44 55 COACHMAN PARK 45 56 COURTNEY CAMPBELL RECREATION AREA 57 CREST LAKE PARK q,� nner_�ini in CTDCCT I'1(1(`L! 4� 58 MEMORIAL PARKS 1& 2 4� 59 MORNINGSIDE RECREATION COMPLEX 60 PIER 60 PARK � D���DGr`T I e �� �- ;�T �9 61 ROSS NORTON COMPLEX Q�n �n►o��uT ono� C� CAAIII LICV RAVCII'1C DADII �, TI IDAIC� CTDCCT I'1(1!`L! �- 62 WOOD VALLEY RECREATION CENTER 3. CLOSED FROM 10:00 PM UNTIL 6:00 AM: C� QAVCD(IAIT TCAIAiIC f'fl�ADl CY 55 63 CLW. BEACH FAMILY AQUATIC & REC. CMPLX. � 64 COACHMAN RIDGE PARK � 65 COUNTRYSIDE COMMUNITY PARK � 66 DEL ORO PARK 67 FOREST RUN PARK 68 LONG CENTER �9 69 MARTIN LUTHER KING RECREATION PARK AREA 69 70 MONTCLAIR PARK 6� 71 NO. GREENWOOD REC. & AQUATIC COMPLEX � CI IAICCT CA�A DADL( AT ICi /�All'1 CCTATCC � \//�I CAI(`IA D4�11 72 WOODGATE PARK A I'`1 �1CC1'1 CD�111A ��•AA D11A I IAITII �•AA A11A• Ordinance No. 8340-12 f�4 ��'�€��-6P�14E�AcRi4 �C CI'1!'_'C1A/ATCD IIDI\/C DA�LC � ClI�CCT DI IA1 DADI! � I rlAl�`_ !'`CAITCD � �d�l(4V DI AVCICI i'1 � QICD R�l DODII � 1A/ll�ll'1('_4TC DA�� 5:- 4. OPEN 24 HOURS PER DAY: � 73 CLEARWATER BEACH � 74 CLEARWATER BEACH FAMILY AQUATIC & REC. COMPLEX BOAT RAMP �3 75 MEMORIAL CAUSEWAY �4 76 SEMINOLE DOCKS (BOAT LAUNCHING) �- 5. OPEN FOR PERMITTED USE ONLY: �5 77 CARPENTER FIELD �6 78 COOPERS POINT NATURE PARK � 79 COUNTRYSIDE SPORTS COMPLEX � 80 DAVID MARTIN SOCCER FIELDS �9 81 E. C. MOORE COMPLEX (1-9) �8 82 FRANK TACK PARK �1- 83 HENRY L. MCMULLEN TENNIS COMPLEX � 84 JOE DIMAGGIO COMPLEX �3 85 MARYMONT PARK �4 86 MISSOURI AVE. (DOT) � 87 MOCCASIN LAKE NATURE PARK �6 88 PHILLIP JONES PARK � 89 ROSS NORTON BALLFIELDS � 90 SID LICKTON PARK & FRED COURNOYER CT. CITY OWNED PROPERTIES- LEASED TO OTHERS (Hours of operation established by Lessee): � 91 BRIGHTHOUSE NETWORK FIELD SA 92 CHI-CHI RODRIGUEZ GOLF COURSE � 93 CLEARWATER COUNTRY CLUB �2 94 r�i �eo�nie�-�o �xc�i iTivG �n� � rni ioc� THE LANDINGS GOLF CLUB �3 95 HARBORVIEW CENTER Ordinance No. 8340-12 94 96 HOLT AVE. PROPERTY 95 97 JACK RUSSELL STADIUM �96 98 KINGS HIGHWAY RECREATION CENTER � 99 LAWN BOWLS & SHUFFLEBOARD COMPLEX � 100 PERFORMING ART CENTER & THEATER (PACT) �9 101 SAILING CENTER * * * Sec. 22.28. Protection and preservation of property. * * * (9) No person shall use water from park water fountains, hose bibs and sinks in restrooms for the purpose of bathing. Bathing is allowed only in shower facilities within recreation centers and city pools, or outdoor showers at public beaches as set aside for such purposes, strictly for use by recreation center and pool participants, or beachgoers. Soap, shampoo, or other cleansers may be used at indoor shower facilities only. In no event shall soap, shampoo, or other cleansers be used at outdoor showers. which are for rinsina onlv. * * * Sec. 22.37. - Use of restrooms and other park structures. (1) No person over the age of six shall occupy or enter any restroom, dressing room, �a#�#�et�se-ef pavilion or other park structure thereof which is reserved or designated by the department for the exclusive use of the opposite sex. (2) No person other than a person using a restroom; or dressing room, shall stand or remain in and around such restroom; or dressing room, . * * * Sec. 22.38. - Camping. (1) 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 a house trailer, camp trailer, camp wagon or the like on any public beach or park property for the purpose of e�e�+g#�camping, except within such areas as may have been provided for such use �^�'�-°�;�as authorized by a special event permit. 6 Ordinance No. 8340-12 (2) 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. :��:��:r,�rs :�:�:e�. .. .. Sec. 22.40. - Domestic animals. * * * * * * (7) , , � , Nofinrithstandinct restrictions described in this section, animals enqaqed in traininq to provide assistance to an individual with a disability, or animals individually trained to provide assistance to an individual with a disability shall be permitted in all public areas and public facilities. � e�c�er�ea��epe�i#°^' h., +�° °^�m°' The accommodation of service animals as provided for herein shall at all times be in accordance with the Americans with Disabilities Act of 1990 (ADA), 42 USCA § 12101 et. seq., and Florida Statute 413.083, (2012), formerly 413.08 (2011). * * * Sec. 22.59. - Possession of alcoholic beverages. No person shall sell, consume or have in his possession any alcoholic beverage as defined in section 6.21 of any form on any park property, except as permitted by an alcoholic beverage special event permit as provided for in this chapter. This prohibition shall not apply to the Performing Arts Center and Theater, to the Harborview Center, to any portion within a public building when rented to private parties, or to Jack Russell Stadium, the Clearwater Country Club golf course, the �.'�°-�::��€x°� ����-w'TT �e�seThe Landings Golf Club, Bright House Networks Field, and to the fenced in area at the Clearwater Community Sailing Center, when the sale or consumption of alcoholic beverages has been authorized by the terms of any lease or other agreement approved by the City � Council, or to events held pursuant to an alcoholic beverage special event permit issued under the provisions of sections 22.88 through 22.91. 7 Ordinance No. 8340-12 * * * Article III. Special Events * * * DIVISION 2. PERMIT * * * Sec. 22.86. - Appeal of denial. (1) An applicant denied a special event permit required by this article may appeal the decision of the city manager to the city council by filing a written notice of appeal with the office of the city manager within five business days of the mailing of the decision of the city manager denying the permit. (2) Such appeal shall be heard and decided by the city council at the next regularly scheduled city council meeting. The applicant shall be notified 24 hours before the hearing. Such applicant may appear at the hearing in person and be represented by counsel. Evidence on the applicant's behalf may be presented at such hearing. The city manager shall state his reasons for denying the permit and shall provide any other evidence supporting such denial. The city council shall have authority by a vote of a majority of its members to affirm, reverse or modify the decision of the city manager. Such decision shall be in writing and contain the reasons therefor. The decision in written form shall be mailed to the applicant within ten days of the filing of the appeal. Failure of the city council to decide the case within seven days, or mail its decision within ten days, shall operate as an automatic reversal of the city manager. * * * Sec. 22.91. - Procedural requirements; certain use provisions not applicable. The provisions of sections 22.84 through 22.87 shall apply to alcoholic beverage special event permits. In addition, applications for such permits shall be reviewed by the special events review committee prior to permit issuance by the city manager. Activities taking place pursuant to an alcoholic beverage special event permit issued under this chapter shall not be subject to the use requirements contained in sectionc ^� n�� �hr�� �nh 4-�-�A�3-a� 6.28. * * * 8 Ordinance No. 8340-12 Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: o� ��� Laura Lipowski Mahony L� Assistant City Attorney � June 20, 2012 July 19, 2012 —c�c�arct �1 c�ck�s George N. Cretekos Mayor Attest: .,� a.��.,��. C-' �t Rosemarie Call City Clerk e � ��, + � QF 1�`� �. � +��ir. �.�, v��`�, '�� ' �_ ��; � �' f_-. . ;. �.�� = _. �� Ordinance No. 8340-12