Okaloosa County BOCC — November 4, 2012 — reading text

recreational areas should be guided by the recognition that proper management of these areas is vital to the economic development of the County and that all reasonable competing uses of these areas must be protected and balanced. This Ordinance makes no finding of fact that the public either has or has not customarily used any particular place of gulf front property beach. Section 3. Regulation of Use and Conduct at the beach, County parks, water bodies, and all recreational areas in unincorporated areas of Okaloosa County. A. Overnight camping: Overnight camping is restricted to posted parks only. Otherwise it shall be unlawful to camp or leave non permitted items such as, but not limited to, collapsible structures, tents (including tent frames), umbrellas, sheds, trailers, etc. overnight and/or those time periods during which the beaches, County parks, or recreational areas are closed. B. Fires and Fireworks: It shall be unlawful for any person, firm, corporation, or other legal entity to ignite any substance or material or to light or participate in the lighting of any fire between the vegetation line or mean high water mark (beach area), whichever is a greater distance from the water’s edge, and the waters edge of the Gulf of Mexico in Okaloosa County, Florida. No person shall bring into, possess, or set off or otherwise cause to explode or discharge or burn any fireworks as defined herein in any County park or any other County owned or leased 5 Packet Pg. 11  4.1.a property unless approval has been granted by the Board of County Commissioners. (Ord. No. Attachment: Ordinance 08-06 with Nov 2012 Revisions (County Recreational Areas) (1136 : Public Hearing: Revisions to Ordinance 08-06 79- 41, Sect. 1, 5-26-79; Code 10-1). 1. No open fires/flames are allowed at John Beasley Park. This includes but is not limited to sternos, Bar-B-Ques grills, candles, tiki torches, fireworks, etc. 2. (2) No fires are allowed in County public parks or recreation areas except where grills and/or fire rings have been provided by the Parks Division. C. Fishing: It shall be unlawful for any person in Okaloosa County, including the incorporated areas: 1. To fish in the Gulf of Mexico after having been warned by any law enforcement officer that the health and safety of bathers is being endangered; or; 2. While on the beach or within twenty five hundred (2500’) feet from shore to intentionally fish for sharks or to fish by those methods commonly known as “chumming” or “blood baiting”. 3. Nothing in this section shall be construed to create a duty on the part of any governmental employee or agent to prevent fishing or to warn of the presence of sharks in the Gulf of Mexico. D. Glass containers: No person, firm, corporation, joint venture, partnership, or other legal entity shall possess or utilize any glass or ceramic bottle or container in or on any public park, beach, or recreational area in the cCounty. (Ord. No. 83-22, Sect.3,7-26-83; Code 16-102) E. Soliciting and canvassing: It shall be unlawful for any person to solicit or canvass within the boundaries or in front of at any County park, beach or recreation area, except those operating with a permit issued by the Board of County Commissioners. (Ord. No. 80-12, §2,4-22-80; Ord. No. 83-22, §2,7- 26-83; Ord. No. 84-15, § 1,5-22-84; Code 12-1) F. Littering: It shall be unlawful for any person to discard or otherwise dispose or abandon any trash, garbage, bottles, containers, cans, dead fish or parts thereof, charcoal briquettes or ashes, or any other litter on the beach, County park or recreational area except in designated containers for that purpose. It is further unlawful to dispose of any household garbage on the beach, County park or any recreational area. (Ord. 87-33, Art. 3, Sect. 2, 6-23-87, Code 11-132) G. Obstructions on the beach: 6 Packet Pg. 12  4.1.a It shall be unlawful for all types of personal property, including by way of example and Attachment: Ordinance 08-06 with Nov 2012 Revisions (County Recreational Areas) (1136 : Public Hearing: Revisions to Ordinance 08-06 not limitation, canopies, cabanas, umbrellas and other shading devices, picnic tables, coolers, tiki huts, volleyball nets, hammaocks, beach chairs, umbrellas, other furniture, tents (including tent frames), and other personal articles to be left on the beach in such a manner that they interfere with beach maintenance, or cleaning, nesting turtles, emergency vehicles, or lifeguards’ view of the water. There shall be a minimum setback of twenty-five (25’) feet from the gulf side of the dune on all public beaches on Okaloosa Island and James Lee Park for an emergency access lane. (1) It shall be unlawful for all types of personal property, including by way of example and not limitation, tents (including tent frames), canopies, cabanas, umbrellas and other shading devices, picnic tables, tiki huts, volleyball nets, hammocks, beach chairs and other furniture, and other items generally used for swimming, sunbathing, or beach recreation to remain on the beach between midnight and 8:00 a.m. Central Time. As used in this section, the phrase “items generally used for swimming, sunbathing, or beach recreation” shall include, but not be limited to, beach chairs, umbrellas, coolers, tents (including tent frames), hammocks, tables, toys, towels, blankets, etc. H. Swimming and Surfing Swimming, surfing, use of rafts, floats and other flotation devices: 1. It is unlawful for any person, firm, corporation or other legal entity to operate any watercraft, swim, bathe, surf, wade or dive within 150 feet of the Okaloosa Island Pier extending into the Gulf of Mexico on Santa Rosa Island. (Ord. No. 79-19, ~ 1,5-8-79, Code 16-2). 1. The Director of Public Safety or the Okaloosa County Sheriff shall have the authority to declare that a state of emergency exists and order the posting of double red flags prohibiting entry into the water. This shall apply to all public beaches on Okaloosa Island the county operated beaches of John Beasley Park, Ross Marler Park, First Access Way, Second Access Way, Third Access Way, Seventh Access Way, Newman C. Brackin Park, and James Lee Park. 2. Following a declaration of a state of emergency for any portion of any water body in Okaloosa County including the incorporated areas, and the posting of double red flags prohibiting entry into the water, failure to comply with directions of lifeguards or law enforcement officers shall be a violation of Section 843.02, Florida Statutes, or other applicable statute. Those persons surfing as defined herein with a surfboard attached to the surfer by a leash are exempt from this Ordinance. 3. No person, firm, corporation or other legal entity except a lifeguard or other person actually engaged in a rescue attempt shall: 7 Packet Pg. 13  4.1.a Attachment: Ordinance 08-06 with Nov 2012 Revisions (County Recreational Areas) (1136 : Public Hearing: Revisions to Ordinance 08-06 a. Swim or bathe more than 300 feet perpendicular from the water's edge except as a necessary incident to other activities permitted beyond such distance. b. Operate any watercraft, swim, bathe, surf, wade or dive within 150 feet of the Okaloosa Island Pier extending into the Gulf of Mexico on Santa Rosa Island. c. Use any raft, float, boogie board, belly board or other flotation device of any description, except for a boat, surfboard, windsurfboard or sailboard, more than 300 feet from the water's edge, or in violation of an order given pursuant to subsection (h) of this section d. Swim or bathe in violation of an order given pursuant to subsection (H) of this section. I. Flag Warning System. 1. A flag warning system shall be adopted by the Board of County Commissioners. 2. All County beaches as referenced in item H (21) and public access points to beaches leading to the Gulf of Mexico shall display a sign informing the public of the beach flag warning system, and hours lifeguards are on duty and notification that when lifeguards are not on duty swimmers shall swim at their own risk. The sign shall not be less than twenty-four (24”) inches wide and thirty (30”) inches long. 3. Beach vendors and contractors and other governmental entities are encouraged to post the beach flag warning system sign in a prominent place at their place of business. The sign shall be in color and not less than twenty-four (24”) inches wide and thirty (30”) inches long. 4. Beach lifeguards at County beaches, as referenced in item H (21), shall post the appropriate flags depicting current conditions at each designated beach from the second Saturday in March through the second weekend in October, from 9 a.m. until 6 p.m. daily. Warning flags will be raised when lifeguards are on duty and actively guarding and will be lowered when lifeguards leave the beach daily. J. Sound Amplification. 1. No audio device, such as but not limited to, loudspeakers, television, radio, compact disc, tape, record player, iPod, phone, computer, or musical instrument, except equipment used by law enforcement, rescue or beach safety personnel, shall be used on the beach, County park, recreational areas and water bodies in any manner, that can be heard by a person using normal hearing facilities, at a 8 Packet Pg. 14  4.1.a distance of one hundred (100’) feet or more from the source of the sound except if Attachment: Ordinance 08-06 with Nov 2012 Revisions (County Recreational Areas) (1136 : Public Hearing: Revisions to Ordinance 08-06 permitted by a County sanctioned event, e.g., a concert or other event. K. Removal of beach sand. 1. No beach sand may be removed from the beach except for permitted construction under guidelines established by the County. L. Removal of water. 1. No water may