Okaloosa County BOCC — December 4, 2012 — Original Ordinance 08-06 with Revisions 004 011513 — reading text

1 COUNTY RECREATION AREAS 2 3 ORDINANCE NO. 08-06 4 5 AN ORDINANCE AMENDING THE COUNTY RECREATION 6 AREAS PROVISIONS OF THE OKALOOSA COUNTY CODE 7 OF ORDINANCES; PROHIBITING THE LEAVING OF ITEMS 8 OF PERSONAL PROPERTY DURING SPECIFIED TIMES, OR 9 DURING PERIODS THAT WILL INTERFERE WITH BEACH 10 MAINTENANCE OR CLEANING; REVISING THE 11 PROHIBITIONS OF OVERNIGHT CAMPING; PROHIBITING 12 FIRES OR OPEN FLAMES EXCEPT AS PERMITTED; 13 REVISING DEFINITIONS; AMENDING HOURS OF USE; 14 REGULATING WEDDINGS; REVISING CONDITIONS; 15 PROVIDING AN EFFECTIVE DATE AND REPEALING ALL 16 ORDINANCES OR PROVISIONS THEREOF IN CONFLICT 17 HEREWITH. 18 19 20 WHEREAS, the recreational area provisions of the Okaloosa County Code of Ordinances have 21 been reviewed and are in need of additional clarifications and revisions; and 22 23 WHEREAS, items of personal property left unattended on the beach overnight are obstacles 24 for maintenance crews, security, and beach patrols, interfere with the public‟s access, use and 25 enjoyment of the beach, pose safety hazards, adversely affect aesthetic beauty, tourism, 26 economic interests, and can be an obstruction for sea turtles; and 27 28 WHEREAS, during the summer season especially, hundreds of beach tents, canopies, cabanas, 29 shading devices, chairs, and other items of personal property have been left overnight on the 30 beach; and 31 32 WHEREAS, personal property which is left unattended on the beach overnight constitutes a 33 nuisance which is contrary to the public health, safety and welfare; and 34 35 WHEREAS, in order to protect and maintain the use of the beach for residents, visitors, 36 tourists, wildlife, sea turtles, maintenance crews, security, and beach patrols, the overnight 37 placement of items of personal property on the beach must be prohibited; and 38 39 WHEREAS, the personal property left on the beach is neither “lost property” nor “abandoned 40 property” as those terms are defined in Section 705.101, Florida Statutes, because such property 41 has neither been mislaid nor disposed of on the beach in a wrecked or inoperative condition, and 42 that the regulation of personal property left on the beach overnight is not preempted by Chapter 43 705, Florida Statutes; and 44 1 45 WHEREAS, public trash containers, lifeguard stands and associated items, signs placed by a 46 governmental agency on the beach and beach areas, and public items, should be allowed to 47 remain on the beach in order to further other important public interests and benefits. 48 49 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 50 OF OKALOOSA COUNTY, FLORIDA: 51 52 Sections 1 through 13 of the Okaloosa County Ordinance 08-06 are hereby amended and 53 Sections 14 and 15 are added to read: 54 55 Section 1. Definitions 56 57 The following words, terms, and phrases, when used in this ordinance, shall have the 58 meanings ascribed to them in this section, except where the context clearly indicates a different 59 meaning. 60 61 Alcoholic beverage means a beverage containing more than one percent of alcohol by 62 weight. 63 64 All terrain vehicle means any motorized off-highway vehicle fifty (50) inches or less in 65 width, having a dry weight of 600 pounds or less, traveling on three or more low pressure tires, 66 designed for operator use only with no passengers, having a seat or saddle designed to be 67 straddled by the operator, and having handlebars for steering control. 68 69 Animal means any animate being other than a human which is endowed with the power 70 of voluntary motion. 71 72 Bather means any person who is in the Gulf of Mexico, Choctawhatchee Bay, bayous, 73 rivers, streams and lakes, whether said person is swimming, wading, or engaged in any other 74 activity in the water. 75 76 Beach and Shores means the coastal and intracoastal shoreline bordering upon the 77 waters of the Gulf of Mexico, Choctawhatchee Bay, and any water bodies under the jurisdiction 78 of Okaloosa County between the mean high-water and the water‟s edge. On Okaloosa Island, 79 beach means the area of white sandy beach between the southern most property line of the 80 adjacent parcels and the waters of the Gulf of Mexico. 81 82 Blood Baiting means the use of blood or bloody fish part to attract sharks. 83 84 Boat (see Vessel). 85 86 Camping means the erection of shelter or a similar structure for the purpose of sleeping; 87 or sleeping or lying upon the beach or recreational area either under or outside of any shelter, 88 vehicle, bedroll, blanket, or other protective garb. 89 2  90 Chumming means the throwing of bait or fish parts into the water to attract fish. 91 92 County or Okaloosa County means the unincorporated area of Okaloosa County, 93 Florida. 94 Fireworks means firecrackers, torpedoes, rockets, toy firearms, cannons, or other 95 fireworks or explosives of or containing flammable material or any substance, compound, 96 mixture, or article which in conjunction with any other substance or compound, may explode, 97 discharge, or burn. 98 99 Idle Speed means the lowest speed at which a vessel or sailcraft can operate and 100 maintain steering control. 101 102 Motor vehicle means any vehicle which is self-propelled, including golf carts. 103 104 Operator means any natural person, firm, partnership, association, corporation, and any 105 other legal entity. 106 107 Park means any area designated by deed, recorded plat, or contractual agreement for use 108 by the general public of Okaloosa County for Park purposes. 109 110 Person means any natural person, firm, partnership, association, corporation, and any 111 other legal entity. 112 113 Personal watercraft is as defined by Section 327.02(28), Florida Statutes, and means a 114 vessel less than sixteen (16) feet in length which uses an inboard motor powering a water jet 115 pump as its primary source of motive power, and which is designed to be operated by a person 116 sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the 117 conventional manner of sitting or standing inside the vessel; i.e., Jet Ski. 118 119 Recreational Area means any area designated by deed, recorded plat, or contractual 120 agreement for use by the general public of Okaloosa County for recreational purposes. 121 122 Sailcraft means a wind-propelled vehicle used or capable of being used as a means of 123 transportation on or in the water, including sailboats, sailboards, and windsurfboards. 124 125 Shoreline means the beaches, river shores and lake shores under the jurisdiction of 126 Okaloosa County. 127 128 Solicit or canvass means any act, delivery, or exchange not initiated by the prospective 129 customer or which directs attention to any business, mercantile, or commercial establishments, or 130 any other commercial activity, for the purpose of directly or indirectly promoting commercial 131 interest through sales, rentals, or any exchange of value. 132 133 Special events means: 134 3 135 (1) Any use, activity, or event conducted or promoted at any County park, 136 beach or recreational area of Okaloosa County that would constitute a 137 violation of any provision of this ordinance or any rule or regulation 138 issued under the authority of this ordinance. 139 140 (2) Any activity or event that is organized and promoted to attract, and is 141 likely to attract, a crowd of more than fifty (50) forty-nine (49) persons to 142 a certain place at any County park, beach or recreational area at a certain 143 time under circumstances that are likely to interfere with the public‟s right 144 of access and use of the beach or create a need for additional police, 145 lifesaving, or other services; or 146 147 (3) Any activity or event at any County park, beach or recreational area that is 148 promoted or sponsored by commercial interest and will advertise or 149 promote private commercial interest. 150 151 (4) Special Events does not include private parties on private property unless 152 they are of such a nature to create a need for additional police, lifesaving, 153 or other services. 154 155 Surfboard means a fiberglass, epoxy, closed-cell neoprene or Styrofoam instrument with 156 one or more fiberglass fins or skegs attached or inserted into the belly or bottom of the surfboard. 157 This definition shall include windsurfboards, paddle boards, and sailboards. This definition shall 158 not include rubber rafts, floats, belly boards, or boogie boards. 159 160 Surfing means the riding or paddling of a surfboard within the waters of the Gulf of 161 Mexico abutting or adjacent to the beach. 162 163 Ultralight aircraft means any heavier-than-air, motorized aircraft which meets the 164 criteria for maximum weight, fuel capacity, and airspeed established for such aircraft by the 165 Federal Aviation Administration under part 103 of the Federal Aviation Regulations. 166 167 Vehicle means every device in, upon, or by which any person or property is, or may be, 168 transported or drawn upon a highway. 169 170 Vending means offering for sale, rent, or as part of a contractual agreement any services, 171 goods or materials to be consumed or placed on the beach, or recreational area without a permit, 172 lease contract or franchise duly issued or executed by the governing body of the County. 173 174 Vessel is as defined by Section 327.02(37), Florida Statutes, and means (and is 175 synonymous with boat as referenced in section 1(b) Article VII of the State Constitution) and 176 includes every description of watercraft, barge, and air boat, other than a seaplane on the water, 177 used or capable of being used as a means of transportation. 178 179 Water based activities means those vendor operations in which the customer will 180 participate in an activity on or in the water. This includes, but is not limited to, ocean kayak 4 181 rentals, water trampolines, climbing walls, inflatable boat rides, personal watercraft rentals, and 182 parasail operations. 183 184 Water body means Gulf of Mexico, Choctawhatchee Bay, and bayous, rivers, creeks, 185 lakes located in Okaloosa County. 186 187 Water’s edge means that portion of the shore at any given time of the day where the tide 188 flows and reflows along a water body. 189 190 Windsurfboard means a surfboard equipped with a sail and designed to be propelled by 191 the wind. The term “windsurfboard” shall be synonymous with the term “sailboard.” 192 193 Section 2. Authority; purpose and intent. 194 195 This Ordinance is adopted pursuant to Section 125.01 Florida Statutes. Unless stated 196