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

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ByBy anyany actact intendedintended toto impedeimpede thethe passagepassage oror freefree movementmovement ofof thethe solicitedsolicited personperson whowho isis onon foot,foot, bicycle,bicycle, inin aa wheelchair,wheelchair, operatingoperating aa motormotor vehiclevehicle oror attempting attempting toto enterenter oror exitexit aa motormotor vehicles,vehicles,  e. When either the solicitor or the person being solicited is at a bus stop or sidewalk cafe, in a public transportation vehicle or facility, in a vehicle parked or stopped on a public street or alley, within 100 feet from any ATM machine or entrance to a bank, or within 100 feet of a public toilet facility, Nothing in this section shall be deemed or construed to gpply to any person located on privately owned property who has the permission of the owner or lessee of the property_ 9. 10 LOITERING AND PROWLING 9. 10. 01 Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Loiter means, to prowl, stand, sit or lie in or upon any public or quasi -public sidewalk, street, curb, crosswalk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles. Public place means an areaeg nerally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles ( whether movingorr noo, and buildings open to theeg neral public including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings of dwellings and hem. the grounds enclosingthem. 9. 10. 02 Loitering —General prohibition It shall be unlawful for any person to loiter in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. 9. 10. 03 Loitering —Public Place 1) It shall be unlawful for any person, after first being warned by a law enforcement officer, or where a " NO Loitering' sign has been posted, to remain in the area. 2) No person will loiter within 100 feet of any restroom, dressing room or bathhouse, or picnic shelter. 9. 10. 04 Loitering —Plavground Since the intended use and nurnose of the nark' s toddler plavaround is for toddlers and children to play on the equipment and on the grounds, and not for the use and enjoyment of persons who are not toddlers or children, no person above the age of 14 may be present within the grounds of a toddler playground area of the park unless said person is the parent, legal guardian, or authorized responsible caregiver of one or more children aged 14 or below, and such child is also within the toddler nlavaround area at the same time. 9. 11 THEFT OF UTILITIES 9. 11. 01 Definitions  Utilities are services which the City has a cost to provide such as electric, s, telephone, a water, and television cable service. 9. 11. 02 Theft of Utilities —Prohibited It shall be unlawful for any person to connect or cause a connection with a wire, main, service pipe or other pipes, appliance, or appurtenance in a manner that uses, without the consent or permission of the City. The connection to a Utility which has a cost to the city without authorization will be considered theft. 9. 12 Use of Rights -of W - ay 9. 12. 01 Dangerous use of public rights- of-way. 1) Except as provided herein, or as otherwise permitted by law, it is unlawful to make any use of the public rights-of-way in a manner that interferes with the safe and efficient movement of people and property from place to place on a public road or right-of-way. Such prohibited activity includes by way of example and not limitation: a) Stopping, standing or otherwise occupying a median that is not a sufficient pedestrian refuge on an arterial or collector road by a pedestrian when that pedestrian is not in the process of lawfully crossing the road in accordance with gpplicable traffic and safety laws. 1. Stopping, standing or otherwise occupying a median that is not a sufficient pedestrian refuge through two ( 2) consecutive opportunities to cross in accordance with applicable traffic and safety laws is prima facie evidence of a violation of this subsection. 2. A " sufficient pedestrian refuse" is defined as a paved or unpaved median separating lanes of traffic that is at least sjN-( fir) twelve ( 12) feet wide, measured from back of curb to back of curb. b) Engaginginn any physical interaction between a pedestrian and an occupant of a motor vehicle, including the transfer of any product or material, while the motor vehicle is located on the travelled portion of an arterial or collector road within ted Too Gogfljythe City_Limits of Fort Walton Beach and is not legally parked. c) For the purpose of this article the phrase " public rights- of-way" shall be defined as set forth in F. S. ( 2020) § 334. 03( 22) and as may be amended. 2) Nothing in this section shall prohibit the following activities: a) Law enforcement, fire and rescue, or other government employees or contractors acting within the scope of their lawful authority; b) A person conducting inspection, construction, maintenance, repair, survey, or other legally authorized services, c) A person responding to lend aid during an emergency situation,  d) Entering or exiting a bus or other public transit system, e) Use of public roads and rights- of-way that have been closed to vehicular traffic for a special event permitted by the appropriate governmental entity, 9. 12. 02 Enforcement 1) Any 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 county jail not to exceed sixty ( 60) days, or by both a 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 bombe removed from the park as authorized pursuant to Chapter 810. 09, Florida Statutes, trespass after warning. 2) In addition to any criminal penalties which may be imposed, the City shall have recourse to such remedies in law and equity as may be necessary to ensure compliance with the provisions of this article, including_ a) Civil Citation, b) Prosecution before the Fort Walton Beach Code Enforcement Board or Special Magistrate, c) Injunctive relief to enjoin and restrain any person from violating this article, and d) Any other relief available pursuant to law. Section 3. Amendment of Chapter 11— TRAFFIC & VEHICLES 11. 07 — PARKING IN EXCESS OF 72 HOURS 1) No person shall park a vehicle continuously on any public right of way, Of public property, or public parking lot more than 72 hours. 2) A violation of this subsection is enforceable by law enforcement and code officers through the issuance of a parkin ticket. cket. 3) A vehicle may be posted abandoned and subject to towing if the vehicle is not moved within 72 hours of posting. 11. 11 — SPEED LIMIT FOR BOATS ON GOOD THING LAKE WATERCRAFT REGULATIONS The City of Fort Walton Beach shall have the right to regulate the use of all waterways within the municipal limits and the conduct of all persons using same, consistent with and not in conflict with federal or state regulations. All ordinances of the City regulating the conduct of persons on land, shall apply to persons using waterways, insofar as same are properly gpplicable. 11. 11. 01 Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Derelict vessel means any vessel, as defined in s. 327. 02, that is left, stored, or abandoned in a wrecked, junked, or substantially dismantled condition upon any public waters of this state. Live -aboard means: 1) Anv vessel used solelv as a residence and not for navigation: 2) Any vessel represented as a place of business or a professional or other commercial enterprise, or ( c) Any vessel for which a declaration of domicile has been filed pursuant to s. 222. 17. Vessel is synonymous with boat as referenced in s. 1( b), Art. VII of the State Constitution and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water Mooring field means city -designated areas in and adjacent to city -installed mooring systems, which may include city and state- owned harbor