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

and fireworks shall be prohibited in any County 378 park, beach or other recreational area. The prohibition of the use of alcohol does not 379 apply within the appropriately licensed establishments at the Island Pier, Newman C. 380 Brackin Park and James Lee Park. 381 382 O. Disorderly conduct will not be permitted at any County park, beach or recreational area. 383 It shall include but not be limited to profanity, fighting, and disturbing the public peace. 384 385 P. Abandonment. Any item generally used for boating, swimming, sunbathing, beach 386 recreation, advertised sports activities and/or gatherings which remains unattended on the 387 beach or County recreational areas for more than the permitted time, or during a time that 388 is prohibited, shall be deemed abandoned. Abandoned items of personal property in 389 violation of this Article are hereby declared a public nuisance. 390 391 Q. Enforcement. 392 393 1. The Okaloosa County Public Works Parks Division and Okaloosa County Public 394 Safety Department are hereby authorized and directed to remove from the beaches 395 and recreation areas items of personal property that are abandoned as provided in 396 this Article. 397 398 2. Abandoned items removed from beaches or recreation areas shall become 399 property of Okaloosa County which shall dispose of the items in any legal manner 400 it deems appropriate 401 402 Section 4. Gulf of Mexico-Watercraft distance from shore, generally. 403 9 404 A. The operation of any motorized watercraft within seven hundred (700‟) feet of shoreline 405 of the Gulf of Mexico in Okaloosa County including the incorporated areas is hereby 406 prohibited subject to the exemptions provided in Section B hereof. 407 408 B. The operation of non-propeller driven motorized watercraft within seven hundred (700‟) 409 feet of the shoreline of the Gulf of Mexico are hereby exempted under the following 410 conditions: 411 412 1. The owner or leaseholder of property bordering the Gulf of Mexico may give written 413 permission for non-propeller driven motorized watercraft to enter and exit the shore 414 adjacent to the property owned or leased within a corridor established, maintained, 415 and subject to the following conditions: 416 417 a. The corridor must be as least twenty (20‟) feet in width and not greater than 418 forty (40‟) feet in width and extending seven hundred (700‟) feet 419 perpendicular to the shore. Only one corridor will be allowed on each site. 420 421 b. The corridor is to be clearly marked along both sides with orange buoys that 422 are at least eighteen (18”) inches in diameter and anchored seven hundred 423 (700‟) feet from the shoreline. Marker buoys must be removed when the 424 corridor is not in use. 425 426 c. The corridor must be at least ten (10‟) feet interior to the extension of the 427 property line of the permitting owner or leaseholder 428 429 d. Entrance into the corridor from the shoreline must be marked by orange or red 430 cones which must be at least twenty-eight (28”) inches high erected at the 431 waterline. 432 433 e. There shall be posted landward of the corridor a sign advising the public of 434 the corridor and posting notice for vessels to proceed under idle speed. 435 436 f. Swimming, surfing, sailing or wading shall be prohibited within the corridor 437 but non-propeller driven motorized watercraft shall yield the right of way to 438 any persons located therein. 439 440 g. Non-propeller driven motorized watercraft shall be limited to the entry/exit 441 corridor when closer than seven hundred (700‟) feet from the shoreline and 442 shall not exceed the idle speed or five (5 m.p.h.), whichever is greater, when 443 within the corridor. 444 445 2. Commercial fishing boats are exempted from the provisions of this Ordinance while 446 in the process of deploying nets while conducting fish netting operations, but shall not 447 operate in excess of idle speed or five (5 m.p.h.) miles per hour, whichever is greater, 448 when within seven hundred (700‟) feet of the shoreline. 449 10 450 3. Publicly announced, properly authorized and supervised, and adequately patrolled 451 regattas, speed trials, exhibitions, or other special events, when the same have been 452 approved by the Board of County Commissioners and the applicant has provided a 453 hold harmless agreement to the County, liability insurance in the minimum amount of 454 $500,000 per person and $1,000,000.00 per occurrence naming the County as an 455 additional insured on such policy, and such other conditions as deemed necessary by 456 the Board of County Commissioners including but not limited to protecting the 457 environment, and assuring that adequate public facilities and emergency response 458 teams and equipment are available. 459 460 4. Commercial propeller driven motorized watercraft are exempt when owned or 461 operated by the landward owner and operated within a corridor established, 462 maintained, and subject to the following conditions: 463 464 a. The corridor must be at least twenty (20‟) feet in width and not greater than 465 forty (40‟) feet in width and extending seven hundred (700‟) feet 466 perpendicular to the shore. Only one corridor will be allowed on each side. 467 468 b. The corridor is to be clearly marked along both sides with orange buoys that 469 are at least eighteen (18”) inches in diameter and anchored seven hundred 470 (700‟) feet from the shoreline. Additional buoys will be placed at one 471 hundred (100‟) feet and three hundred (300‟) feet. Marker buoys must be 472 removed when the corridor is not in use. 473 474 c. The corridor must be at least ten (10‟) feet interior to the extension of the 475 property line of the permitting owner or leaseholder. 476 477 d. Entrance into the corridor from the shoreline must be marked by orange or red 478 cones which must be at least twenty-eight (28”) inches high erected at the 479 waterline. 480 481 e. There shall be posted landward of the corridor a sign advising the pubic of the 482 corridor and posting notice for vessels to proceed under idle speed. 483 f. Propeller driven commercial watercraft shall not operate within the corridor or 484 within seven hundred (700‟) feet of the shoreline when weather conditions 485 cause the surf to be in excess of two feet. 486 487 g. Propeller driven commercial watercraft shall never operate any closer than 488 one hundred (100‟) feet from the shoreline, even when within the corridor. 489 490 h. Propeller driven commercial watercraft shall never exceed idle speed or five 491 (5 m.p.h.) miles per hour, whichever is greater, while within seven hundred 492 (700‟) feet of the shoreline. 493 494 (Ord. No. 77-14, Sect 1, 5-13-77; Ord. No. 77-21, Sect.1, 7- 5-77; Ord. No. 93-12, Sects. 1-3, 4- 495 13-93; Ord. No. 94-03, Sect. 1, 2-15-94; Ord. No. 99-09, Sect. 1, 5-18-99) 11 496 497 Section 5. Permitted Vehicles on the Beach, Parks and Recreation Areas. 498 499 A. No person, firm, corporation, joint venture, partnership, or other legal entity shall operate 500 any motor vehicle in, on, or over any public land, right-of-way, or County park, beach, or 501 recreational area in the County that is not clearly designated or posted for vehicular 502 traffic, vehicular parking or emergency vehicular traffic, unless the same shall have been 503 issued a permit by the governing body of the County.(Ord. No. 71-03, Sect. 1, 11-16-71; 504 Ord. No. 80-12, Sect 1, 4-22-80; Ord. No. 83-22, Sect 1, 7-26-83; Code 21-1) 505 506 B. Personal or privately owned all terrain and/or other vehicles are not permitted on the 507 public beach. Exception: all terrain and/or 4 wheel drive vehicles used by Sheriff‟s 508 Deputies and County employees may be driven on the beach in the performance of 509 official business. 510 511 C. Permitted Vvehicles accessing public beaches shall meet the following requirements: 512 513 1. The vehicle must have a current State of Florida registration and be covered by auto 514 insurance written by an insurance company licensed to do business in the State of 515 Florida. 516 517 2. The vehicle must be registered to the owner of a business which has obtained a 518 Qualified Beach Vendor Certificate Beach Vehicle Permit from Okaloosa County and 519 has an executed contract/agreement with Okaloosa County or and the upland 520 permitted property owner. 521 522 3. The business name, phone number, and the Okaloosa County Qualified Beach 523 Vendor Certificate number must be displayed on both sides of the vehicle while the 524 vehicle is on the beach. The informational lettering must be no smaller than two 525 inches (2”) and no larger than three inches (3”) in height. 526 527 4. A copy of the Okaloosa County Qualified Beach Vendor Certificate Beach Vehicle 528 Permit must be carried in the vehicle at all times when on the beach. 529 530 5. Permitted vehicles are only allowed to enter and exit the beach via the 531 emergency access ways located at beach access ways #2, #4, #7, and the Boardwalk 532 on Okaloosa Island and James Lee Park in Destin. The emergency access ways will 533 be unlocked and relocked by County staff during the approved scheduled times/dates 534 (see subsection 8 below). Driving vehicles on or over the sand dunes is not allowed 535 except in an emergency situation. Failure for permitted vehicles vendors who have 536 been issued a Qualified Beach Vendor Beach Vehicle Permit to comply with items 537 C.1 through C.5 are subject to the following enforcement actions: 538 539 a. First infraction – written notice to the company and warning issued to violator 540 (driver) 541 b. Second infraction – $250.00 fine 12 542 c. Third infraction – withdraw vehicle‟s beach permit. 543 544 6. The speed limit on the beach is 10 mph. Violation of the speed limit will result 545 in the following: 546 547 a. First infraction – written warning to company, ticket issued to violator 548 (driver), and a $500.00 fine. 549 b. Second infraction - $1,000.00 fine 550 c. Third infraction – withdraw vehicle‟s beach permit 551 552 7. Hazard lights and head lights must be on while driving on the beach. Failure to 553 operate a vehicle with hazard lights or