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

otherwise, is intended to regulate comprehensive public health, safety and welfare on or 197 pertaining to the County beaches, James Lee Park and all parks and recreation areas in 198 the unincorporated areas of Okaloosa County. Local government policy toward the 199 beach, County parks, water bodies and recreational areas should be guided by the 200 recognition that proper management of these areas is vital to the economic development 201 of the County and that all reasonable competing uses of these areas must be protected and 202 balanced. 203 204 This Ordinance makes no finding of fact that the public either has or has not customarily 205 used any particular place of gulf front property beach. 206 207 Section 3. Regulation of Use and Conduct at the beach, County parks, water bodies, 208 and all recreational areas in unincorporated areas of Okaloosa County. 209 210 A. Overnight camping: 211 212 Overnight camping is restricted to posted parks only. Otherwise it shall be unlawful to 213 camp or leave non permitted items such as, but not limited to, collapsible structures, tents 214 (including tent frames), umbrellas, sheds, trailers, etc. unattended overnight and/or those time 215 periods during which the beaches, County parks, or recreational areas are closed. 216 217 B. Fires and Fireworks: 218 219 It shall be unlawful for any person, firm, corporation, or other legal entity to ignite any 220 substance or material or to light or participate in the lighting of any fire between the 221 vegetation line or mean high water mark (beach area), whichever is a greater distance from 222 the water‟s edge, and the waters edge of the Gulf of Mexico in Okaloosa County, Florida. No 223 person shall bring into, possess, or set off or otherwise cause to explode or discharge or burn 224 any fireworks as defined herein in any County park or any other County owned or leased 225 property unless approval has been granted by the Board of County Commissioners. (Ord. No. 226 79- 41, Sect. 1, 5-26-79; Code 10-1). 5 227 1. No open fires/flames are allowed at John Beasley Park. This includes but is 228 not limited to sternos, Bar-B-Q grills, candles, tiki torches, fireworks, etc. 229 2. (2) No fires are allowed in County public parks or recreation areas except 230 where grills and/or fire rings have been provided by the Parks Division. 231 232 C. Fishing: 233 234 It shall be unlawful for any person in Okaloosa County, including the incorporated 235 areas: 236 237 1. To fish in the Gulf of Mexico after having been warned by any law enforcement 238 officer that the health and safety of bathers is being endangered; or; 239 240 2. While on the beach or within twenty five hundred (2500‟) feet from shore to 241 intentionally fish for sharks or to fish by those methods commonly known as 242 “chumming” or “blood baiting”. 243 244 3. Nothing in this section shall be construed to create a duty on the part of any 245 governmental employee or agent to prevent fishing or to warn of the presence of 246 sharks in the Gulf of Mexico. 247 248 D. Glass containers: 249 250 No person, firm, corporation, joint venture, partnership, or other legal entity shall possess 251 or utilize any glass or ceramic bottle or container in or on any public park, beach, or 252 recreational area in the cCounty. (Ord. No. 83-22, Sect.3,7-26-83; Code 16-102) 253 254 E. Soliciting and canvassing: 255 256 It shall be unlawful for any person to solicit or canvass within the boundaries or in front 257 of at any County park, beach or recreation area, except those operating with a permit issued 258 by the Board of County Commissioners. (Ord. No. 80-12, §2,4-22-80; Ord. No. 83-22, §2,7- 259 26-83; Ord. No. 84-15, § 1,5-22-84; Code 12-1) 260 261 F. Littering: 262 263 It shall be unlawful for any person to discard or otherwise dispose or abandon any trash, 264 garbage, bottles, containers, cans, dead fish or parts thereof, charcoal briquettes or ashes, or 265 any other litter on the beach, County park or recreational area except in designated containers 266 for that purpose. It is further unlawful to dispose of any household garbage on the beach, 267 County park or any recreational area. (Ord. 87-33, Art. 3, Sect. 2, 6-23-87, Code 11-132) 268 269 G. Obstructions on the beach: 270 271 It shall be unlawful for all types of personal property, including by way of example and 272 not limitation, canopies, cabanas, umbrellas and other shading devices, picnic tables, coolers, 6 273 tiki huts, volleyball nets, hammocks, beach chairs, umbrellas, other furniture, tents (including 274 tent frames), and other personal articles to be left on the beach in such a manner that they 275 interfere with beach maintenance, or cleaning, nesting turtles, emergency vehicles, or 276 lifeguards‟ view of the water. 277 278 There shall be a minimum setback of twenty-five (25‟) feet from the gulf side of the dune 279 on all public beaches on Okaloosa Island and James Lee Park for an emergency access lane. 280 281 (1) It shall be unlawful for all types of personal property, including by way of example 282 and not limitation, tents (including tent frames), canopies, cabanas, umbrellas and other 283 shading devices, picnic tables, tiki huts, volleyball nets, hammocks, beach chairs and other 284 furniture, and other items generally used for swimming, sunbathing, or beach recreation to 285 remain on the beach unattended between midnight and 7:30 a.m. Central Time. As used in 286 this section, the phrase “items generally used for swimming, sunbathing, or beach 287 recreation” shall include, but not be limited to, beach chairs, umbrellas, coolers, tents 288 (including tent frames), hammocks, tables, toys, towels, blankets, etc. 289 290 291 H. Swimming and Surfing Swimming, surfing, use of rafts, floats and other flotation 292 devices: 293 294 1. It is unlawful for any person, firm, corporation or other legal entity to operate any 295 watercraft, swim, bathe, surf, wade or dive within 150 feet of the Okaloosa Island 296 Pier extending into the Gulf of Mexico on Santa Rosa Island. (Ord. No. 79-19, ~ 297 1,5-8-79, Code 16-2). 298 299 1. The Director of Public Safety or the Okaloosa County Sheriff shall have the 300 authority to declare that a state of emergency exists and order the posting of 301 double red flags prohibiting entry into the water. This shall apply to all public 302 beaches on Okaloosa Island the county operated beaches of John Beasley Park, 303 Ross Marler Park, First Access Way, Second Access Way, Third Access Way, 304 Seventh Access Way, Newman C. Brackin Park, and James Lee Park. 305 306 2. Following a declaration of a state of emergency for any portion of any water body 307 in Okaloosa County including the incorporated areas, and the posting of double 308 red flags prohibiting entry into the water, failure to comply with directions of 309 lifeguards or law enforcement officers shall be a violation of Section 843.02, 310 Florida Statutes, or other applicable statute. Those persons surfing as defined 311 herein with a surfboard attached to the surfer by a leash are exempt from this 312 Ordinance. 313 314 3. No person, firm, corporation or other legal entity except a lifeguard or other 315 person actually engaged in a rescue attempt shall: 316 7 317 a. Swim or bathe more than 300 feet perpendicular from the water's edge 318 except as a necessary incident to other activities permitted beyond such 319 distance. 320 b. Operate any watercraft, swim, bathe, surf, wade or dive within 150 feet of 321 the Okaloosa Island Pier extending into the Gulf of Mexico on Santa Rosa 322 Island. 323 c. Use any raft, float, boogie board, belly board or other flotation device of any 324 description, except for a boat, surfboard, windsurfboard or sailboard, more than 325 300 feet from the water's edge, or in violation of an order given pursuant to 326 subsection (h) of this section 327 d. Swim or bathe in violation of an order given pursuant to subsection (H) of 328 this section. 329 330 I. Flag Warning System. 331 332 1. A flag warning system shall be adopted by the Board of County Commissioners. 333 334 2. All County beaches as referenced in item H (21) and public access points to 335 beaches leading to the Gulf of Mexico shall display a sign informing the public of 336 the beach flag warning system, and hours lifeguards are on duty and notification 337 that when lifeguards are not on duty swimmers shall swim at their own risk. The 338 sign shall not be less than twenty-four (24”) inches wide and thirty (30”) inches 339 long. 340 341 3. Beach vendors and contractors and other governmental entities are encouraged to 342 post the beach flag warning system sign in a prominent place at their place of 343 business. The sign shall be in color and not less than twenty-four (24”) inches 344 wide and thirty (30”) inches long. 345 346 4. Beach lifeguards at County beaches, as referenced in item H (21), shall post the 347 appropriate flags depicting current conditions at each designated beach from the 348 second Saturday in March through the second weekend in October, from 9 a.m. 349 until 6 p.m. daily. Warning flags will be raised when lifeguards are on duty and 350 actively guarding and will be lowered when lifeguards leave the beach daily. 351 352 J. Sound Amplification. 353 354 1. No audio device, such as but not limited to, loudspeakers, television, radio, 355 compact disc, tape, record player, iPod, phone, computer, or musical instrument, 356 except equipment used by law enforcement, rescue or beach safety personnel, 357 shall be used on the beach, County park, recreational areas and water bodies in 358 any manner, that can be heard by a person using normal hearing facilities, at a 359 distance of one hundred (100‟) feet or more from the source of the sound except if 360 permitted by a County sanctioned event, e.g., a concert or other event. 8 361 362 K. Removal of beach sand. 363 364 1. No beach sand may be removed from the beach except for permitted construction 365 under guidelines established by the County. 366 367 L. Removal of water. 368 369 1. No water may be pumped from the Gulf of Mexico except for permitted 370 construction under guidelines established by the county. 371 372 M. Animals are prohibited in county parks, beaches or other recreational areas with the 373 exception of those used for assistance by handicapped, blind person, or law enforcement. 374 Ord. No. 92-25, Sect. 5, 11-3-92; Ord. No. 93-46, Sect.1, 10-12-93; Ord. No. 93-51 Sect 375 2, 11-30-93; Code 5-25 (a) (6). 376 377 N. Use of illegal drugs, alcohol, firearms