Okaloosa County BOCC — November 4, 2012 — Ordinance 08-06 with Nov 2012 Revisions (County Recreational Areas) — reading text

COUNTY RECREATION AREAS ORDINANCE NO. 08-06 AN ORDINANCE AMENDING THE COUNTY RECREATION AREAS PROVISIONS OF THE OKALOOSA COUNTY CODE OF ORDINANCES; PROHIBITING THE LEAVING OF ITEMS OF PERSONAL PROPERTY DURING SPECIFIED TIMES, OR DURING PERIODS THAT WILL INTERFERE WITH BEACH MAINTENANCE OR CLEANING; REVISING THE PROHIBITIONS OF OVERNIGHT CAMPING; PROHIBITING FIRES OR OPEN FLAMES EXCEPT AS PERMITTED; REVISING DEFINITIONS; AMENDING HOURS OF USE; REGULATING WEDDINGS; REVISING CONDITIONS; PROVIDING AN EFFECTIVE DATE AND REPEALING ALL ORDINANCES OR PROVISIONS THEREOF IN CONFLICT HEREWITH. WHEREAS, the recreational area provisions of the Okaloosa County Code of Ordinances have been reviewed and are in need of additional clarifications and revisions; and WHEREAS, items of personal property left on the beach overnight are obstacles for maintenance crews, security, and beach patrols, interfere with the public’s access, use and enjoyment of the beach, pose safety hazards, adversely affect aesthetic beauty, tourism, economic interests, and can be an obstruction for sea turtles; and WHEREAS, during the summer season especially, hundreds of beach tents, canopies, cabanas, shading devices, chairs, and other items of personal property have been left overnight on the beach; and WHEREAS, personal property which is left on the beach overnight constitutes a nuisance which is contrary to the public health, safety and welfare; and WHEREAS, in order to protect and maintain the use of the beach for residents, visitors, tourists, wildlife, sea turtles, maintenance crews, security, and beach patrols, the overnight placement of items of personal property on the beach must be prohibited; and WHEREAS, the personal property left on the beach is neither “lost property” nor “abandoned property” as those terms are defined in Section 705.101, Florida Statutes, because such property has neither been mislaid nor disposed of on the beach in a wrecked or inoperative condition, and that the regulation of personal property left on the beach overnight is not preempted by Chapter 705, Florida Statutes; and 1  WHEREAS, public trash containers, lifeguard stands and associated items, signs placed by a governmental agency on the beach and beach areas, and public items, should be allowed to remain on the beach in order to further other important public interests and benefits. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: Sections 1 through 13 of the Okaloosa County Ordinance 08-06 are hereby amended and Sections 14 and 15 are added to read: Section 1. Definitions The following words, terms, and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Alcoholic beverage means a beverage containing more than one percent of alcohol by weight. All terrain vehicle means any motorized off-highway vehicle fifty (50) inches or less in width, having a dry weight of 600 pounds or less, traveling on three or more low pressure tires, designed for operator use only with no passengers, having a seat or saddle designed to be straddled by the operator, and having handlebars for steering control. Animal means any animate being other than a human which is endowed with the power of voluntary motion. Bather means any person who is in the Gulf of Mexico, Choctawhatchee Bay, bayous, rivers, streams and lakes, whether said person is swimming, wading, or engaged in any other activity in the water. Beach and Shores means the coastal and intracoastal shoreline bordering upon the waters of the Gulf of Mexico, Choctawhatchee Bay, and any water bodies under the jurisdiction of Okaloosa County between the mean high-water and the water’s edge. On Okaloosa Island, beach means the area of white sandy beach between the southern most property line of the adjacent parcels and the waters of the Gulf of Mexico. Blood Baiting means the use of blood or bloody fish part to attract sharks. Boat. See Vessel. Camping means the erection of shelter or a similar structure for the purpose of sleeping; or sleeping or lying upon the beach or recreational area either under or outside of any shelter, vehicle, bedroll, blanket, or other protective garb. 2  Chumming means the throwing of bait or fish parts into the water to attract fish. County or Okaloosa County means the unincorporated area of Okaloosa County, Florida. Fireworks means firecrackers, torpedoes, rockets, toy firearms, cannons, or other fireworks or explosives of or containing flammable material or any substance, compound, mixture, or article which in conjunction with any other substance or compound, may explode, discharge, or burn. Idle Speed means the lowest speed at which a vessel or sailcraft can operate and maintain steering control. Motor vehicle means any vehicle which is self-propelled, including golf carts. Operator means any natural person, firm, partnership, association, corporation, and any other legal entity. Park means any area designated by deed, recorded plat, or contractual agreement for use by the general public of Okaloosa County for Park purposes. Person means any natural person, firm, partnership, association, corporation, and any other legal entity. Personal watercraft is as defined by Section 327.02(28), Florida Statutes, and means a vessel less than sixteen (16) feet in length which uses an inboard motor powering a water jet pump as its primary source of motive power, and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel; i.e., Jet Ski. Recreational Area means any area designated by deed, recorded plat, or contractual agreement for use by the general public of Okaloosa County for recreational purposes. Sailcraft means a wind-propelled vehicle used or capable of being used as a means of transportation on or in the water, including sailboats, sailboards, and windsurfboards. Shoreline means the beaches, river shores and lake shores under the jurisdiction of Okaloosa County. Solicit or canvass means any act, delivery, or exchange not initiated by the prospective customer or which directs attention to any business, mercantile, or commercial establishments, or any other commercial activity, for the purpose of directly or indirectly promoting commercial interest through sales, rentals, or any exchange of value. Special events means: 3  (1) Any use, activity, or event conducted or promoted at any County park, beach or recreational area of Okaloosa County that would constitute a violation of any provision of this ordinance or any rule or regulation issued under the authority of this ordinance. (2) Any activity or event that is organized and promoted to attract, and is likely to attract, a crowd of more than fifty (50) forty-nine (49) persons to a certain place at any County park, beach or recreational area at a certain time under circumstances that are likely to interfere with the public’s right of access and use of the beach or create a need for additional police, lifesaving, or other services; or (3) Any activity or event at any County park, beach or recreational area that is promoted or sponsored by commercial interest and will advertise or promote private commercial interest. (4) Special Events does not include private parties on private property unless they are of such a nature to create a need for additional police, lifesaving, or other services. Surfboard means a fiberglass, epoxy, closed-cell neoprene or Styrofoam instrument with one or more fiberglass fins or skegs attached or inserted into the belly or bottom of the surfboard. This definition shall include windsurfboards, yolo boards, and sailboards. This definition shall not include rubber rafts, floats, belly boards, or boogie boards. Surfing means the riding or paddling of a surfboard within the waters of the Gulf of Mexico abutting or adjacent to the beach. Ultralight aircraft means any heavier-than-air, motorized aircraft which meets the criteria for maximum weight, fuel capacity, and airspeed established for such aircraft by the Federal Aviation Administration under part 103 of the Federal Aviation Regulations. Vehicle means every device in, upon, or by which any person or property is, or may be, transported or drawn upon a highway. Vending means offering for sale, rent, or as part of a contractual agreement any services, goods or materials to be consumed or placed on the beach, or recreational area without a permit, lease contract or franchise duly issued or executed by the governing body of the County. Vessel is as defined by Section 327.02(37), Florida Statutes, and means (and is synonymous with boat as referenced in section 1(b) Article VII of the State Constitution) and includes every description of watercraft, barge, and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation. Water based activities means those vendor operations in which the customer will participate in an activity on or in the water. This includes, but is not limited to, ocean kayak 4 rentals, water trampolines, climbing walls, inflatable boat rides, personal watercraft rentals, and parasail operations. Water body means Gulf of Mexico, Choctawhatchee Bay, and bayous, rivers, creeks, lakes located in Okaloosa County. Water’s edge means that portion of the shore at any given time of the day where the tide flows and reflows along a water body. Windsurfboard means a surfboard equipped with a sail and designed to be propelled by the wind. The term “windsurfboard” shall be synonymous with the term “sailboard.” Section 2. Authority; purpose and intent. This Ordinance is adopted pursuant to Section 125.01 Florida Statutes. Unless stated otherwise, is intended to regulate comprehensive public health, safety and welfare on or pertaining to the County beaches, James Lee Park and all parks and recreation areas in the unincorporated areas of Okaloosa County. Local government policy toward the beach, County parks, water bodies and recreational areas should be guided by the recognition that proper management of these areas is vital to the economic development of the County and that all reasonable competing uses of these areas must be protected and balanced. This Ordinance makes no finding of fact that the public either has or has not customarily used any particular place of gulf front property beach. Section 3. Regulation of Use and Conduct at the beach, County parks, water bodies, and all recreational areas in unincorporated areas of Okaloosa County. A. Overnight camping: Overnight camping is restricted to posted parks only. Otherwise it shall