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

head lights on are subject to the following 554 enforcement actions: 555 556 a. First infraction – written notice to the company and warning issued to violator 557 (driver) 558 b. Second infraction - $250.00 fine 559 c. Third infraction – withdraw vehicle‟s beach permit 560 561 8. Permitted vehicles Qualified Beach Vendors who have obtained Qualified Beach 562 Vendor Vehicle Permits are allowed access during the following times and dates: 563 564 a. Approved times (Central Time): 6:00 7:00 a.m. until 8:00 9:00 a.m. , 5:00 565 4:00 p.m. until 7:00 6:00 p.m. 566 b. Approved dates will be set up as follows. 567 i. Last three two days of February and first three days of March 568 ii. Three Two days prior to the beginning of Spring Break as determined 569 by the TDC Tourist Development Department. 570 iii. Three Two days prior to Memorial Day 571 iv. July 1st, and 2nd, and 3rd 572 v. Thursday, Friday, and Saturday of the third week of August 573 vi. Three days prior to Labor Day 574 vii. Thursday, Friday, and Saturday of the last week of October 575 viii.The first week of November 576 ix. Other dates as approved by Okaloosa County (ex. inclement weather, 577 etc.) 578 579 9. Vehicles must be clean (free of any materials not meeting the requirements of Land 580 Development Code, Section 6.02.04, Discoloring Material Prohibition) and in proper 581 running order so as not to leak any fluids such as grease, oil, transmission fluid, 582 antifreeze, etc. at any time. Improperly operating vehicles used by the Qualified 583 Beach Vendor are subject to the following enforcement actions: 584 585 a. First infraction – written notice to the company and warning issued to violator 586 (driver) 587 b. Second infraction - $250.00 fine 13 588 c. Third infraction – withdraw vehicle‟s beach permit 589 590 10. The fee to obtain vehicular authorization a Qualified Beach Vendor Beach Vehicle 591 Permit for beach access is $500.00 per calendar year per vehicle. Vendors are limited 592 to two authorized vehicles. The vehicle(s) must be designated on the Qualified Beach 593 Vendor application. 594 595 11. Transfer of vehicle permit for beach access shall be limited to vehicles owned by the 596 same person or entity. Tag number and copy of the registration of affected vehicles 597 will be provided to the Public Works Resources Department Parks Division prior to 598 vehicle use on the beach. At no time will there be more than two (2) permitted 599 vehicles per Qualified Beach Vendor. 600 601 12. Non permitted vehicles other than official vehicles used by Sheriff‟s deputies and 602 County employees used for official business shall not be operated on the beach. 603 604 13. Turtle nesting season is designated from May 1 through October 31 each year. All 605 vehicles and activities operating on the beaches will steer clear of all marked turtle 606 nesting sites; any adult turtle accessing the beach for the purpose of nesting; or 607 hatchling turtle emerging from a nest site and migrating to the water‟s edge. Per State 608 Statue Title XXVIII Chapter 370.12 (1) Protection of Marine Turtles, it is a third 609 degree felony for „Any person…that illegally takes, disturbs, mutilates, destroys, 610 causes to be destroyed,…molests, or harasses any marine turtle species, or the eggs or 611 nest of any marine turtle species….‟. 612 613 614 Section 6. Aircraft. 615 616 A. No person operating, directing, or responsible for any airplane, seaplane, parasail, 617 helicopter, glider, balloon, dirigible, parachute, ultralight, or other aerial apparatus shall 618 take off from or land at any County park, beach or recreational area except for emergency 619 aircraft, e.g., medical emergency helicopters. . 620 621 Section 7. Temporary Use for Special Events. 622 623 A. Policy and Objective 624 625 This Section is intended to ensure broad usage by allowing temporary uses of any County 626 park, beach or recreational area for purposes which otherwise would be prohibited. 627 These special uses would be allowed by a permit that waives certain restrictions under 628 specific condition which still protect the public health, safety, and welfare. The 629 permitting process is intended to provide a convenient procedure to be followed by beach 630 users. Any temporary use permits will be issued by the Board of County Commissioners 631 or their designee. Fees for these temporary use permits will be established by Resolution 632 by the Board of County Commissioners. Use of electricity and/or water is not granted 633 unless approved. If use is approved additional charges may apply. 14 634 635 B. Procedure 636 637 1. All requests shall be in writing stating reason, location, time, point of contact and the 638 sponsor. Request must be presented to Public Work staff 60 days prior to the event. 639 Request will be reviewed by Public Works, Public Safety, Growth Management, 640 Water and Sewer, Sheriff‟s Office and the request will be approved by the Okaloosa 641 County Board of County Commissioners. 642 643 2. Permits will only be issued after approved by the Board of County Commissioners at 644 a regularly scheduled meeting. 645 646 3. All organizations submitting applications for permits pursuant hereto shall be 647 required to furnish the County proof of liability insurance in the minimum amounts of 648 $500,000 per person and $1,000,000 per occurrence, naming the Okaloosa County 649 Board of County Commissioners and Okaloosa Sheriff as additional insureds on the 650 policy, insuring for any damages that may be sustained as the result of the activity. 651 652 4. All organizations submitting applications for permits shall be required to execute a 653 hold harmless agreement indemnifying the County and Sheriff‟s Office for any loss 654 suffered as the result of the activity. 655 656 5. All events will pay a daily use fee and appropriate security deposit. These fees are 657 due in advance of proposed activity. 658 659 Section 8. Commercial activity on public lands. 660 661 A. Permit, lease, etc. required: No person, firm, corporation, joint venture, partnership, or 662 other legal entity shall directly or indirectly sell, rent, advertise, or promote property, real 663 or personal, or conduct directly or indirectly any commercial activity of any nature or 664 kind, including but not limited to the passing out of literature on or from any public land, 665 public right-of-way, or public recreational area in the county without a permit, lease, 666 contract, franchise, or Qualified Beach Vendor Certificate duly issued or executed by the 667 governing body of the county. 668 669 B. Preservation of public health, safety, etc. No permit, lease, contract, or franchise shall 670 hereafter be issued for the commercial activities prohibited by this section unless the 671 Board of County Commissioners makes a specific finding that the proposed activity will 672 serve a public need and promote the public health, safety, or welfare. 673 674 C. Vendor eligibility: The minimum qualifications required to become a Qualified Beach 675 Vendor or public recreation area vendor are as follows: 676 677 1. The vendor or business shall demonstrate that a valid occupational license business 678 tax receipt from the Okaloosa County Tax Collector‟s office or State of Florida has 679 been obtained as required by the State of Florida and/or Okaloosa County. 15 680 681 2. Vendor shall demonstrate procurement of adequate insurance(s) as specified by the 682 Okaloosa County Risk Management Department irector. 683 684 3. Permits from appropriate Local, State, and Federal agencies shall be provided by the 685 Vendor as required. 686 687 D. Application for permit lease, etc. All applications for a permit, lease, contract, or 688 franchise shall be filed in duplicate with the Bboard of Ccounty Ccommissioners through 689 the Okaloosa County Public Works Parks Division for consideration in accordance with 690 paragraph (b), and shall include: 691 692 1. The name, address, age, and business affiliation of the applicant; and 693 694 2. A thorough description of the nature of the proposed activity; and 695 696 3. A statement as to why and how the proposed activity will promote the public health, 697 safety, morals, or welfare; and 698 699 4. A statement as to why and how the proposed activity will not have an adverse 700 environmental impact on the public area involved; and 701 702 5. A statement as to why and how the proposed activity will not annoy, harass, 703 intimidate or interfere with the public and their enjoyment of the area involved; and 704 705 6. A statement as to how the applicant intends to protect the county from liability for the 706 proposed activity. 707 708 E. Consideration of application. The Bboard of Ccounty Ccommissioners shall consider the 709 application as submitted and may grant or reject the same, or advertise for bids in 710 accordance with such additional terms and conditions deemed necessary to protect the 711 public interest (Ord. No. 80-12, §2,4-22-80; Ord. No. 83-22, §2,7-26-83; Ord. No. 84-15, 712 § 1,5-22-84; Code 12-1) 713 714 F. Application for Qualified Beach Vendor Certificate and/or Public Recreation Area 715 Vendor: All applications for a Qualified Beach Vendor Certificate and/or public 716 recreation area vendor shall be filed in duplicate with the Board of County 717 Commissioners through the Okaloosa County Public Works Resources Parks Division for 718 consideration in accordance with section 8.B, and shall include all of the following: 719 720 1. $500.00 non refundable application fee 721 722 2. Application review period is thirty (30) working days 723 724 32. The name, address, and business affiliation of the applicant; 725 16 726 43. A thorough description of the nature of the proposed activity; 727 728 54. A statement as to why and how the proposed activity will serve a public 729 need and promote the public health, safety, or welfare; 730 731 65. A statement as to why and how the proposed activity will not have an adverse 732 environmental impact on the public area involved; 733 734 76. A statement as to why and how the proposed activity will not annoy, harass, 735 intimidate or interfere with the public and their enjoyment of the area 736 involved; 737 738 87. A statement as to how the applicant intends to protect the County from 739 liability for the proposed activity. 740 741 98.