Okaloosa County BOCC — November 4, 2012 — reading text

application. The Bboard of Ccounty Ccommissioners shall consider the application as submitted and may grant or reject the same, or advertise for bids in accordance with such additional terms and conditions deemed necessary to protect the public interest (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. Application for Qualified Beach Vendor Certificate and/or Public Recreation Area Vendor: All applications for a Qualified Beach Vendor Certificate and/or public recreation area vendor shall be filed in duplicate with the Board of County Commissioners through the Okaloosa County Public Works Resources Division for consideration in accordance with section 8.B, and shall include all of the following: 1. $500.00 non refundable application fee 2. Application review period is thirty (30) working days 16 Packet Pg. 22  4.1.a Attachment: Ordinance 08-06 with Nov 2012 Revisions (County Recreational Areas) (1136 : Public Hearing: Revisions to Ordinance 08-06 32. The name, address, and business affiliation of the applicant; 43. A thorough description of the nature of the proposed activity; 54. A statement as to why and how the proposed activity will serve a public need and promote the public health, safety, or welfare; 65. A statement as to why and how the proposed activity will not have an adverse environmental impact on the public area involved; 76. 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; 87. A statement as to how the applicant intends to protect the County from liability for the proposed activity. 98. Each applicant shall sign a statement stating they have read the 04-05 Ordinance 08-06 as amended and fully understand its contents. G. Qualified Beach Vendor Certificates and/or Recreation Area Vendor shall be renewed annually. All Qualified Beach Vendor Certificates and Recreation Area Vendor expire on December 31. Vendors shall apply to become a Qualified Beach Vendor and/or Recreation Area Vendor each year that they wish to conduct business on the public beach and/or public recreation area. H. Consideration of application. The Board of County Commissioners or their designee shall consider the application as submitted and may grant or reject the same. The Board of County Commissioners maintains the right to advertise for bids in accordance with such additional terms and conditions deemed necessary to protect the public interest (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) SECTION Section 9. Beach Service Stipulations A. Qualified Beach Vendors operating on the beach shall only fly the beach warning flag(s) specified by the posted flag system of the Okaloosa County Beach Safety Division. B. All Qualified Beach Vendor equipment shall be placed in accordance with the requirements provided by the Okaloosa County Public Works Parks Division Resources Department and the Florida Department of Environmental Protection. Beach storage boxes shall display the Okaloosa County Qualified Beach Vendor Certificate number on opposing sides of their box with letters not to exceed three inches (3”) in height but no less than two inches (2”) in height. 17 Packet Pg. 23  4.1.a C. Qualified Beach Vendors shall maintain their permitted site(s) to be free of debris, trash, Attachment: Ordinance 08-06 with Nov 2012 Revisions (County Recreational Areas) (1136 : Public Hearing: Revisions to Ordinance 08-06 inoperable equipment and other non essential items. D. Qualified Beach Vendors shall ensure that their area’s refuse will be placed in a County provided trash receptacle. Should a trash receptacle become full vendors shall remove the full bag, tie the bag shut, place it adjacent to the receptacle and place a new County provided bag (which is located in the bottom of the receptacle) in the receptacle. E. In the event of a storm or impending disaster all beach vendor equipment on the County’s public beach must be removed to the vendor’s off-site storage area. Access for removal and replacement will be determined by Okaloosa County Parks Division Resources Department. F. Spacing, set back, and beach safety corridor requirements stated in section 3.G shall be adhered to at all times. G. Qualified beach vendors shall not set up beach chair/umbrella, or other equipment before 8:00 a.m. Central Time, and shall remove beach chair/umbrellas or other equipment prior to one hour after dusk. Violation of this item can result in the Qualified Beach Vendor Certificate being revoked or prevention of a Qualified Beach Vendor Certificate being issued to the beach chair/umbrella service in the future. Section 10. Permit for A a Designated Beach Property This section addresses the procedures by which an upland property owner or their designee can apply to Okaloosa County to engage the services of a Qualified Beach Vendor(s) on the public beach area adjacent to their facility. A. Yearly applications must be submitted to the Board of County Commissioners for consideration and must include; the name of the upland facility, contact information, number of units, linear beach footage of property (measured from property line in a straight line to the other property line adjacent to the county beach), an 8 ½” X 11” copy of a map depicting property and adjacent beach with property boundary dimensions and type of vendor service(s) they wish to engage. B. Permit review period is thirty (30) working days. CB.Applicant is required to select an Okaloosa County Qualified Beach Vendor. A list of Qualified Beach Vendors can be obtained from the Resources Division of the Public Works Department. A copy of the selected Qualified Beach Vendor’s certificate must be attached. DC.There is no fee for the yearly permit. The permit review period is thirty (30) working days. The permit will be in effect from January 1 through December 31 of the specified year. 18 Packet Pg. 24  4.1.a Attachment: Ordinance 08-06 with Nov 2012 Revisions (County Recreational Areas) (1136 : Public Hearing: Revisions to Ordinance 08-06 ED.Consideration of application. The Board of County Commissioners or their designee shall consider the permit application as submitted and may grant or reject the same. The Board of County Commissioners maintains the right to advertise for bids in accordance with such additional terms and conditions deemed necessary to protect the public interest (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) Section 11. Penalties A. Any person found in violation of the above provisions, excluding Section 5. C 1 through 7, shall face the following civil penalties unless otherwise specified. Any person to whom a citation is issued shall pay the fine by the designated date to the Clerk of Court or appear in County court at the time, date, and location designated in the citation. B. Minimum civil penalties for violations not otherwise listed are as follows: 1. First Violation $100.00 2. Second Violation $200.00 3. Third and subsequent violations Fine of up to $500 and/or up to 60 days in jail. C. Minimum civil penalties for violations of Section 3.D. Glass Containers 1. First Violation $50.00 2. Second Violation $150.00 3. Third and subsequent violations $300.00 D. Minimum civil penalties for violations of Section 5. Permitted Vehicles on the Beach, Parks, and Recreation Areas, subsection A and B: are specified in Section 5. 1. First Violation $200.00 2. Second Violation $300.00 3. Third and subsequent violations $500.00 E. Minimum civil penalties for violations of Section 3.B. Fires 1. First Violation $200.00 2. Second Violation $300.00 3. Third and subsequent violations $500.00 F. Minimum civil penalties for violations of Section 3.A. Overnight Camping 1. First Violation $100.00 2. Second Violation $200.00 19 Packet Pg. 25  4.1.a 3. Third and subsequent violations $300.00 Attachment: Ordinance 08-06 with Nov 2012 Revisions (County Recreational Areas) (1136 : Public Hearing: Revisions to Ordinance 08-06 G. Minimum civil penalties for violations of Section 3.F. Littering 1. First Violation $200.00 2. Second Violation $300.00 3. Third and subsequent violations $500.00 H. Minimum civil penalties for violations of Section 7. Temporary Use for Special Events 1. First Violation $200.00 2. Second Violation $300.00 3. Third and subsequent violations $500.00 I. Minimum civil penalties for violations of Section 12. Hours of Use 1. First Violation $50.00 2. Second Violation $150.00 3. Third and subsequent violations $300.00 J. Any person requesting a hearing in County Court waives the right to pay the minimum civil penalties. K. Penalties shall be in addition to court costs established by statute. L. The maximum civil penalty for each violation