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

Each applicant shall sign a statement stating they have read the 04-05 742 Ordinance 08-06 as amended and fully understand its contents. 743 744 G. Qualified Beach Vendor Certificates and/or Recreation Area Vendor shall be renewed 745 annually. All Qualified Beach Vendor Certificates and Recreation Area Vendor expire 746 on December 31. Vendors shall apply to become a Qualified Beach Vendor and/or 747 Recreation Area Vendor each year that they wish to conduct business on the public beach 748 and/or public recreation area. 749 750 H. Consideration of application. The Board of County Commissioners or their designee shall 751 consider the application as submitted and may grant or reject the same. The Board of 752 County Commissioners maintains the right to advertise for bids in accordance with such 753 additional terms and conditions deemed necessary to protect the public interest (Ord. No. 754 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) 755 756 SECTION Section 9. Beach Service Stipulations 757 758 A. Qualified Beach Vendors operating on the beach shall only fly the beach warning flag(s) 759 specified by the posted flag system of the Okaloosa County Beach Safety Division. 760 761 B. All Qualified Beach Vendor equipment shall be placed in accordance with the 762 requirements provided by the Okaloosa County Public Works Parks Division Resources 763 Department and the Florida Department of Environmental Protection. Beach storage 764 boxes shall display the Okaloosa County Qualified Beach Vendor Certificate number on 765 opposing sides of their box with letters not to exceed three inches (3”) in height but no 766 less than two inches (2”) in height. 767 768 C. Qualified Beach Vendors shall maintain their permitted site(s) to be free of debris, trash, 769 inoperable equipment and other non essential items. 770 17 771 D. Qualified Beach Vendors shall ensure that their area‟s refuse will be placed in a County 772 provided trash receptacle. Should a trash receptacle become full vendors shall remove the 773 full bag, tie the bag shut, place it adjacent to the receptacle and place a new County 774 provided bag (which is located in the bottom of the receptacle) in the receptacle. 775 776 E. In the event of a storm or impending disaster all beach vendor equipment on the County‟s 777 public beach must be removed to the vendor‟s off-site storage area. Access for removal 778 and replacement will be determined by Okaloosa County Parks Division Resources 779 Department. 780 781 F. Spacing, set back, and beach safety corridor requirements stated in section 3.G shall be 782 adhered to at all times. 783 784 G. Qualified beach vendors shall not set up beach chair/umbrella, or other equipment before 785 8:00 7:30 a.m. Central Time, and shall remove beach chair/umbrellas or other equipment 786 prior to by one hour after dusk. Violation of this item can result in the Qualified Beach 787 Vendor Certificate being revoked or prevention of a Qualified Beach Vendor Certificate 788 being issued to the beach chair/umbrella service in the future. 789 790 791 Section 10. Permit for A a Designated Beach Property 792 793 This section addresses the procedures by which an upland property owner or their designee can 794 apply to Okaloosa County to engage the services of a Qualified Beach Vendor(s) on the public 795 beach area adjacent to their facility. 796 797 A. Yearly applications must be submitted to the Board of County Commissioners for 798 consideration and must include; the name of the upland facility, contact information, 799 number of units, linear beach footage of property (measured from property line in a 800 straight line to the other property line adjacent to the county beach), an 8 ½” X 11” copy 801 of a map depicting property and adjacent beach with property boundary dimensions and 802 type of vendor service(s) they wish to engage. 803 804 B. Permit review period is thirty (30) working days. 805 806 CB.Applicant is required to select an Okaloosa County Qualified Beach Vendor. A list of 807 Qualified Beach Vendors can be obtained from the Resources Parks Division of the 808 Public Works Department. A copy of the selected Qualified Beach Vendor‟s certificate 809 must be attached. 810 811 DC.There is no fee for the yearly permit. The permit review period is thirty (30) working 812 days. The permit will be in effect from January 1 through December 31 of the specified 813 year. 814 815 ED.Consideration of application. The Board of County Commissioners or their designee 816 shall consider the permit application as submitted and may grant or reject the same. The 18 817 Board of County Commissioners maintains the right to advertise for bids in accordance 818 with such additional terms and conditions deemed necessary to protect the public interest 819 (Ord. No. 80-12, §2,4-22-80; Ord. No. 83-22, §2,7-26-83; Ord. No. 84-15, § 1,5-22-84; 820 Code 12-1) 821 822 823 Section 11. Penalties 824 825 A. Any person found in violation of the above provisions, excluding Section 5. C 1 through 826 7, shall face the following civil penalties unless otherwise specified. Any person to whom 827 a citation is issued shall pay the fine by the designated date to the Clerk of Court or 828 appear in County court at the time, date, and location designated in the citation. 829 830 B. Minimum civil penalties for violations not otherwise listed are as follows: 831 832 1. First Violation $100.00 833 2. Second Violation $200.00 834 3. Third and subsequent violations Fine of up to $500 and/or up 835 to 60 days in jail. 836 837 C. Minimum civil penalties for violations of Section 3.D. Glass Containers 838 839 1. First Violation $50.00 840 2. Second Violation $150.00 841 3. Third and subsequent violations $300.00 842 843 D. Minimum civil penalties for violations of Section 5. Permitted Vehicles on the Beach, 844 Parks, and Recreation Areas, subsection A and B: are specified in Section 5. 845 846 1. First Violation $200.00 847 2. Second Violation $300.00 848 3. Third and subsequent violations $500.00 849 850 E. Minimum civil penalties for violations of Section 3.B. Fires 851 852 1. First Violation $200.00 853 2. Second Violation $300.00 854 3. Third and subsequent violations $500.00 855 856 F. Minimum civil penalties for violations of Section 3.A. Overnight Camping 857 858 1. First Violation $100.00 859 2. Second Violation $200.00 860 3. Third and subsequent violations $300.00 861 862 G. Minimum civil penalties for violations of Section 3.F. Littering 19 863 864 1. First Violation $200.00 865 2. Second Violation $300.00 866 3. Third and subsequent violations $500.00 867 868 H. Minimum civil penalties for violations of Section 7. Temporary Use for Special Events 869 870 1. First Violation $200.00 871 2. Second Violation $300.00 872 3. Third and subsequent violations $500.00 873 874 I. Minimum civil penalties for violations of Section 12. Hours of Use 875 876 1. First Violation $50.00 877 2. Second Violation $150.00 878 3. Third and subsequent violations $300.00 879 880 J. Any person requesting a hearing in County Court waives the right to pay the minimum 881 civil penalties. 882 883 K. Penalties shall be in addition to court costs established by statute. 884 885 L. The maximum civil penalty for each violation shall be $500.00 or as previously specified. 886 887 M. If a person to whom a citation is issued does not contest the citation and elects to pay the 888 applicable civil penalty to the Clerk of Court in lieu of appearing in County Court, the 889 civil penalty shall be less than the maximum civil penalty. 890 891 N. Any funds generated by the fees and fines provided for in this Ordinance shall be used for 892 the enforcement of the Ordinance. 893 894 O. The dollar amounts set for the fees and fines shall be revised by resolution by the Board 895 of County Commissioners. 896 897 Section 12. Hours of Use. 898 899 All Ccounty parks, including river and beach access points, shall be closed between one 900 hour after sunset and one hour before sunrise. No person, firm, corporation, joint 901 venture, partnership, or other legal entity shall enter, occupy, trespass or use any Ccounty 902 park in Okaloosa County during the time that the same is closed to the public pursuant to 903 the signs posted in conspicuous places at the entrance to the same. Overnight camping 904 parking is prohibited. Exceptions to this section include: loading and unloading of 905 watercraft at parks specifically designated for after hours boat ramp use; and utilization 906 of parks with lights for sponsored events until 9:30 PM, at which time the lights must be 907 extinguished. No overnight parking allowed at James Lee Park from 11:00 p.m. Central 908 Time until one hour before sunrise. Violators will be towed at the vehicle‟s owner 20 909 expense. This section does not apply to the Pier, and Newman C. Brackin Park, and 910 James Lee Park. 911 912 Section 13. Advisory Committee. 913 914 A. Established. There is hereby established in the County an Okaloosa County Parks 915 Advisory Committee. This committee shall consist of nine seven citizens, six (6) one (1) 916 coming from each of the five Commission Districts the unincorporated areas and three 917 (3) two (2) additional members, at least one of which shall be from an from the 918 incorporated area , with each County Commission District being represented by at least 919 one member. The committee representation will seek to reflect the diversity within the 920 County. The terms of office shall be for periods of three years or until their successors 921 are appointed and qualified, except the members first appointed shall be staggered in such 922 manner as the County Commission authorizes. Members of the committee shall be 923 notified of their appointments in writing and shall provide a response