Fort Walton Beach Ordinance — 2104--Amend COO Chapters 7, 9, & 11 Quality of Life — reading text

READING1 DATE Ist 823 a ORDINANCE 2104 2nd Iqfi314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 7, CHAPTER 9, AND CHAPTER 11 OF THE CODE OF ORDINANCES RELATED TO QUALITY OF LIFE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Fort Walton Beach Code of Ordinances is constantly reviewed to determine whether changes or updates are appropriate as the City grows and develops; and WHEREAS, on June 22, 2021, the City' s Community Redevelopment Agency Board of Commissioners directed Staff to research ordinance options relating to quality -of l-ife concerns; and WHEREAS, on January 18, 2022, a City Council Workshop was held to discuss recommended revisions to the Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY AND INTENT The authority for enactment of this ordinance is pursuant to the powers vested in the City by Home Rule Authority of Section 166. 021( 1) of the Florida Statutes, the provisions of Chapter 162 of the Florida Statutes, and the City Charter. SECTION 2. AMENDMENT OF CODE OF ORDINANCES CHAPTER 7, CHAPTER 9, AND CHAPTER 11. The City of Fort Walton Beach Code of Ordinances Chapter 7, Chapter 9, and Chapter 11 shall be amended as provided in Exhibit A. SECTION 3. SEVERABILITY. In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are declared severable. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor. Adopted: L'Sq r 3t o3a Richard A. Rynearson, Nlayor Attest: for form, City Additions are underlined; f Section 1. Amendment of Section 7. 05, BEHAVIOR AND CONDUCT IN PARKS, RECREATIONAL, CULTURAL CENTERS 7. 05. 02 Proper Sanitation in Parks. No person in a park shall: 1) Wa4er Pollution. Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, canal, bayou, bay, or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said the waters. 2) Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the per son - r-espensib! its presee, and properly disposed of elsewhere. 3) Obstructiens use of a park. a. It shall be unlawful for any person to leave an item of personal property unattended at any time within any city park which interferes with the use of the park by other guests except as authorized by the City of Fort Walton Beach Recreation & Cultural Services Department. b. Items shall not inhibit access to the public areas, interfere with maintenance and/ or cleaning emergency access, or be placed in any vegetation. c. Unattended or abandoned items of personal property in violation of this article are deemed a public nuisance. Any items in violation of this section will be deemed discarded by the owner and shall become the property of the City of Fort Walton Beach, which may dispose of the item as trash. 7. 05. 05 Prohibited Behavior LIL —,- 1) No person or entity may bring, possess or consume alcohol at any time, in a City park except as permitted by the Downtown Entertainment District or as authorized by the Recreation & Cultural Services Director. Created: 2022- 05- 05 20: 49: 23 [ EST] Supp. No. 12) Page 1 of 10  2) No person may enter or remain in a park if they are under the influence of alcohol or other substances that causes their normal faculties to be impaired. 2}f3j Glass Containers Prohibited. 3)( 4) Fires Prohibited. No person may bEuild or attempt to build a fire except in such areas designated for fires. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material, within any park area or on any highway, road or street abutting or contiguous thereto. 4) f5) Closed Areas. No person may eEnter an area posted as " Closed to the Public," nor shall any person use, or abet the use of any area in violation of posted notices. 5)L6) Loitering and Boisterousness. No person may sSleep or protractedly lounge on the seats, or benches, or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace. OC7) Interference with Others. No person may dDisturb or interfere unreasonably with any person or party occupying any area, or participating in any activity, under the authority of a permit. 8) Overnight camping. Overnight camping is prohibited. It shall be unlawful to camp or leave non -permitted items such as, but not limited to, personal property, collapsible structures, sheds, trailers, etc. unattended overnight and/ or those time periods during which the beaches, parks, or recreational areas are closed. 9) Landscaped Areas. It shall be unlawful for any person to walk, sit, lie upon any landscaped areas of the municipal parks or parkways of the City_ 7. 05. 08 Enforcement Anv person who violates this section shall be prosecuted in the same manner as misdemeanors are prosecuted. Upon conviction, a violator shall be punished by a fine not to exceed five hundred dollars ($ 500. 00) or by imprisonment in the countyjail not to exceed sixty 60) days, or by both such fine and imprisonment. This enforcement procedure and penalty for violations of this article is adopted under the express authority of F. S. § 125. 69( 1). This article may be enforced by the Fort Walton Beach Police Department. Violators may also by removed from the park as authorized pursuant to Chapter 810. 09, Florida Statutes, trespass after warning. In addition to any criminal penalties which may be imposed, the City shall have recourse to such remedies in law and eauitv as may be necessary to ensure compliance with the rovisions of this article, including: 1) Civil Citation, Created: 2022- 05- 05 20: 49: 23 [ EST] Supp. No. 12) Page 2 of 10  2) Prosecution before the Fort Walton Beach Code Enforcement Board or Special Magistrate, 3) Injunctive relief to enjoin and restrain any person from violating this article, 4) Issuance of trespass warning from one or all city parks, and 4) Any other relief available pursuant to law. Section 2. Amendment of Chapter 9 — OFFENSES 9. 07 - THREATENING, INTIMIDATING, HARASSING BEHAVIOR FOR PANHANDLING/SOLICITATION PROHIBITED 9. 07. 01 Definitions. ifielude a4tempts to obtain ehafitable eentfibutions, of a4tempts to sell any good or- , fef the benefit of the seheitef of on behalf of an individual of efganization. Solicit/ Solicitation/Panhandling shall mean any request made in person for an immediate donation of money or other thing of value for oneself or another person or entity. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is, in substance, a donation, is a -soliciting for the purpose of this section. Soliciting, begging, or panhandling shall not include the act of passively standing or sitting, without any vocal request other than a response to an inquiry by another person. 9. 07. 02 Prohibited Conduct. It shall be unlawful for any person to solicit or conduct solicitation activities in the following manner or under these stated conditions: NER U! iliplilil- Nmm rNME-WRIPM111 1!  ml I- 1)1) ForFor anyany person,person, afterafter beingbeing firstfirst warnedwarned byby aa lawlaw enforcement enforcement officer,officer, toto continuecontinue engagingengaging inin anan actact ofof soliciting,soliciting, begging,begging, oror panhandling.panhandling. 2)2) Soliciting,Soliciting, beggingbegging oror panhandlingpanhandling onon thethe publicpublic roadways roadways oror rights-rights- of-of- wayway createscreates aa safetysafety hazardhazard forfor bothboth pedestrianspedestrians andand thosethose travellingtravelling uponupon thethe roadwaysroadways andand rights-rights- of-of- way,way, andand posesposes aa disruptiondisruption toto thethe freefree flowflow ofof traffic.traffic. 3)3) FromFrom anan operatoroperator ofof aa motormotor vehiclevehicle thatthat isis inin traffictraffic onon aa publicpublic streetstreet toto engageengage inin oror withwith aa solicitor,solicitor, provided,provided, however,however, thatthat thisthis prohibitionprohibition shallshall notnot applyapply toto servicesservices renderedrendered inin connectionconnection withwith ememencvememencv