Okaloosa County BOCC — November 4, 2012 — reading text

permitted vehicles vendors who have been issued a Qualified Beach Vendor Beach Vehicle Permit to comply with items C.1 through C.5 are subject to the following enforcement actions: 12 Packet Pg. 18  4.1.a a. First infraction – written notice to the company and warning issued to violator Attachment: Ordinance 08-06 with Nov 2012 Revisions (County Recreational Areas) (1136 : Public Hearing: Revisions to Ordinance 08-06 (driver) b. Second infraction – $250.00 fine c. Third infraction – withdraw vehicle’s beach permit. 6. The speed limit on the beach is 10 mph. Violation of the speed limit will result in the following: a. First infraction – written warning to company, ticket issued to violator (driver), and a $500.00 fine. b. Second infraction - $1,000.00 fine c. Third infraction – withdraw vehicle’s beach permit 7. Hazard lights and head lights must be on while driving on the beach. Failure to operate a vehicle with hazard lights or head lights on are subject to the following enforcement actions: a. First infraction – written notice to the company and warning issued to violator (driver) b. Second infraction - $250.00 fine c. Third infraction – withdraw vehicle’s beach permit 8. Permitted vehicles Qualified Beach Vendors who have obtained Qualified Beach Vendor Vehicle permits are allowed access during the following times and dates: a. Approved times (Central Time): 6:00 7:00 a.m. until 8:00 9:00 a.m. , 5:00 4:00 p.m. until 7:00 6:00 p.m. b. Approved dates will be set up as follows. i. Last three days of February and Ffirst three days of March ii. Three Two days prior to the beginning of Spring Break as determined by the TDC Tourist Development Department. iii. Three Two days prior to Memorial Day iv. July 1st, and 2nd, and 3rd v. Thursday, Friday, and Saturday of the third week of August vi. Three days prior to Labor Day vii. Thursday, Friday, and Saturday of the last week of October viii.The first week of November ix. Other dates as approved by Okaloosa County (ex. inclement weather, etc.) 9. Vehicles must be clean (free of any materials not meeting the requirements of Land Development Code, Section 6.02.04, Discoloring Material Prohibition) and in proper running order so as not to leak any fluids such as grease, oil, transmission fluid, antifreeze, etc. at any time. Improperly operating vehicles used by the Qualified Beach Vendor are subject to the following enforcement actions: 13 Packet Pg. 19  4.1.a a. First infraction – written notice to the company and warning issued to violator Attachment: Ordinance 08-06 with Nov 2012 Revisions (County Recreational Areas) (1136 : Public Hearing: Revisions to Ordinance 08-06 (driver) b. Second infraction - $250.00 fine c. Third infraction – withdraw vehicle’s beach permit 10. The fee to obtain vehicular authorization a Qualified Beach Vendor Beach Vehicle Permit for beach access is $500.00 per calendar year per vehicle. Vendors are limited to two authorized vehicles. The vehicle(s) must be designated on the Qualified Beach Vendor application. 11. Transfer of vehicle permit for beach access shall be limited to vehicles owned by the same person or entity. Tag number and copy of the registration of affected vehicles will be provided to the Public Works Resources Department Parks Division prior to vehicle use on the beach. At no time will there be more than two (2) permitted vehicles per Qualified Beach Vendor. 12. Non permitted vehicles other than official vehicles used by Sheriff’s deputies and County employees used for official business shall not be operated on the beach. 13. Turtle nesting season is designated from May 1 through October 31 each year. All vehicles and activities operating on the beaches will steer clear of all marked turtle nesting sites; any adult turtle accessing the beach for the purpose of nesting; or hatchling turtle emerging from a nest site and migrating to the water’s edge. Per State Statue Title XXVIII Chapter 370.12 (1) Protection of Marine Turtles, it is a third degree felony for ‘Any person…that illegally takes, disturbs, mutilates, destroys, causes to be destroyed,…molests, or harasses any marine turtle species, or the eggs or nest of any marine turtle species….’. Section 6. Aircraft. A. No person operating, directing, or responsible for any airplane, seaplane, parasail, helicopter, glider, balloon, dirigible, parachute, ultralight, or other aerial apparatus shall take off from or land at any County park, beach or recreational area except for emergency aircraft, e.g., medical emergency helicopters. . Section 7. Temporary Use for Special Events. A. Policy and Objective This Section is intended to ensure broad usage by allowing temporary uses of any County park, beach or recreational area for purposes which otherwise would be prohibited. These special uses would be allowed by a permit that waives certain restrictions under specific condition which still protect the public health, safety, and welfare. The permitting process is intended to provide a convenient procedure to be followed by beach users. Any temporary use permits will be issued by the Board of County Commissioners 14 Packet Pg. 20  4.1.a or their designee. Fees for these temporary use permits will be established by Resolution Attachment: Ordinance 08-06 with Nov 2012 Revisions (County Recreational Areas) (1136 : Public Hearing: Revisions to Ordinance 08-06 by the Board of County Commissioners. Use of electricity and/or water is not granted unless approved. If use is approved additional charges may apply. B. Procedure 1. All requests shall be in writing stating reason, location, time, point of contact and the sponsor. Request must be presented to Public Work staff 60 days prior to the event. Request will be reviewed by Public Works, Public Safety, Growth Management, Water and Sewer, Sheriff’s Office and the request will be approved by the Okaloosa County Board of County Commissioners. 2. Permits will only be issued after approved by the Board of County Commissioners at a regularly scheduled meeting. 3. All organizations submitting applications for permits pursuant hereto shall be required to furnish the County proof of liability insurance in the minimum amounts of $500,000 per person and $1,000,000 per occurrence, naming the Okaloosa County Board of County Commissioners and Okaloosa Sheriff as additional insureds on the policy, insuring for any damages that may be sustained as the result of the activity. 4. All organizations submitting applications for permits shall be required to execute a hold harmless agreement indemnifying the County and Sheriff’s Office for any loss suffered as the result of the activity. 5. All events will pay a daily use fee and appropriate security deposit. These fees are due in advance of proposed activity. Section 8. Commercial activity on public lands. A. Permit, lease, etc. required: No person, firm, corporation, joint venture, partnership, or other legal entity shall directly or indirectly sell, rent, advertise, or promote property, real or personal, or conduct directly or indirectly any commercial activity of any nature or kind, including but not limited to the passing out of literature on or from any public land, public right-of-way, or public recreational area in the county without a permit, lease, contract, franchise, or Qualified Beach Vendor Certificate duly issued or executed by the governing body of the county. B. Preservation of public health, safety, etc. No permit, lease, contract, or franchise shall hereafter be issued for the commercial activities prohibited by this section unless the Board of County Commissioners makes a specific finding that the proposed activity will serve a public need and promote the public health, safety, or welfare. C. Vendor eligibility: The minimum qualifications required to become a Qualified Beach Vendor or public recreation area vendor are as follows: 15 Packet Pg. 21  4.1.a 1. The vendor or business shall demonstrate that a valid occupational license business Attachment: Ordinance 08-06 with Nov 2012 Revisions (County Recreational Areas) (1136 : Public Hearing: Revisions to Ordinance 08-06 tax receipt from the Okaloosa County Tax Collector’s office or State of Florida has been obtained as required by the State of Florida and/or Okaloosa County. 2. Vendor shall demonstrate procurement of adequate insurance(s) as specified by the Okaloosa County Risk Management Department irector. 3. Permits from appropriate Local, State, and Federal agencies shall be provided by the Vendor as required. D. Application for permit lease, etc. All applications for a permit, lease, contract, or franchise shall be filed in duplicate with the Bboard of Ccounty Ccommissioners through the Okaloosa County Public Works Parks Division for consideration in accordance with paragraph (b), and shall include: 1. The name, address, age, and business affiliation of the applicant; and 2. A thorough description of the nature of the proposed activity; and 3. A statement as to why and how the proposed activity will promote the public health, safety, morals, or welfare; and 4. A statement as to why and how the proposed activity will not have an adverse environmental impact on the public area involved; and 5. A statement as to why and how the proposed activity will not annoy, harass, intimidate or interfere with the public and their enjoyment of the area involved; and 6. A statement as to how the applicant intends to protect the county from liability for the proposed activity. E. Consideration of