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

Section B hereof. B. The operation of non-propeller driven motorized watercraft within seven hundred (700’) feet of the shoreline of the Gulf of Mexico are hereby exempted under the following conditions: 1. The owner or leaseholder of property bordering the Gulf of Mexico may give written permission for non-propeller driven motorized watercraft to enter and exit the shore adjacent to the property owned or leased within a corridor established, maintained, and subject to the following conditions: a. The corridor must be as least twenty (20’) feet in width and not greater than forty (40’) feet in width and extending seven hundred (700’) feet perpendicular to the shore. Only one corridor will be allowed on each site. b. The corridor is to be clearly marked along both sides with orange buoys that are at least eighteen (18”) inches in diameter and anchored seven hundred (700’) feet from the shoreline. Marker buoys must be removed when the corridor is not in use. c. The corridor must be at least ten (10’) feet interior to the extension of the property line of the permitting owner or leaseholder d. Entrance into the corridor from the shoreline must be marked by orange or red cones which must be at least twenty-eight (28”) inches high erected at the waterline. e. There shall be posted landward of the corridor a sign advising the public of the corridor and posting notice for vessels to proceed under idle speed. f. Swimming, surfing, sailing or wading shall be prohibited within the corridor but non-propeller driven motorized watercraft shall yield the right of way to any persons located therein. g. Non-propeller driven motorized watercraft shall be limited to the entry/exit corridor when closer than seven hundred (700’) feet from the shoreline and shall not exceed the idle speed or five (5 m.p.h.), whichever is greater, when within the corridor. 2. Commercial fishing boats are exempted from the provisions of this Ordinance while in the process of deploying nets while conducting fish netting operations, but shall not 10  operate in excess of idle speed or five (5 m.p.h.) miles per hour, whichever is greater, when within seven hundred (700’) feet of the shoreline. 3. Publicly announced, properly authorized and supervised, and adequately patrolled regattas, speed trials, exhibitions, or other special events, when the same have been approved by the Board of County Commissioners and the applicant has provided a hold harmless agreement to the County, liability insurance in the minimum amount of $500,000 per person and $1,000,000.00 per occurrence naming the County as an additional insured on such policy, and such other conditions as deemed necessary by the Board of County Commissioners including but not limited to protecting the environment, and assuring that adequate public facilities and emergency response teams and equipment are available. 4. Commercial propeller driven motorized watercraft are exempt when owned or operated by the landward owner and operated within a corridor established, maintained, and subject to the following conditions: a. The corridor must be at least twenty (20’) feet in width and not greater than forty (40’) feet in width and extending seven hundred (700’) feet perpendicular to the shore. Only one corridor will be allowed on each side. b. The corridor is to be clearly marked along both sides with orange buoys that are at least eighteen (18”) inches in diameter and anchored seven hundred (700’) feet from the shoreline. Additional buoys will be placed at one hundred (100’) feet and three hundred (300’) feet. Marker buoys must be removed when the corridor is not in use. c. The corridor must be at least ten (10’) feet interior to the extension of the property line of the permitting owner or leaseholder. d. Entrance into the corridor from the shoreline must be marked by orange or red cones which must be at least twenty-eight (28”) inches high erected at the waterline. e. There shall be posted landward of the corridor a sign advising the pubic of the corridor and posting notice for vessels to proceed under idle speed. f. Propeller driven commercial watercraft shall not operate within the corridor or within seven hundred (700’) feet of the shoreline when weather conditions cause the surf to be in excess of two feet. g. Propeller driven commercial watercraft shall never operate any closer than one hundred (100’) feet from the shoreline, even when within the corridor. h. Propeller driven commercial watercraft shall never exceed idle speed or five (5 m.p.h.) miles per hour, whichever is greater, while within seven hundred (700’) feet of the shoreline. 11 (Ord. No. 77-14, Sect 1, 5-13-77; Ord. No. 77-21, Sect.1, 7- 5-77; Ord. No. 93-12, Sects. 1-3, 4- 13-93; Ord. No. 94-03, Sect. 1, 2-15-94; Ord. No. 99-09, Sect. 1, 5-18-99) Section 5. Permitted Vehicles on the Beach, Parks and Recreation Areas. A. No person, firm, corporation, joint venture, partnership, or other legal entity shall operate any motor vehicle in, on, or over any public land, right-of-way, or County park, beach, or recreational area in the County that is not clearly designated or posted for vehicular traffic, vehicular parking or emergency vehicular traffic, unless the same shall have been issued a permit by the governing body of the County.(Ord. No. 71-03, Sect. 1, 11-16-71; Ord. No. 80-12, Sect 1, 4-22-80; Ord. No. 83-22, Sect 1, 7-26-83; Code 21-1) B. Personal or privately owned all terrain and/or other vehicles are not permitted on the public beach. Exception: all terrain and/or 4 wheel drive vehicles used by Sheriff’s Deputies and County employees may be driven on the beach in the performance of official business. C. Permitted Vvehicles accessing public beaches shall meet the following requirements: 1. The vehicle must have a current State of Florida registration and be covered by auto insurance written by an insurance company licensed to do business in the State of Florida. 2. The vehicle must be registered to the owner of a business which has obtained a Qualified Beach Vendor Certificate Beach Vehicle Permit from Okaloosa County and has an executed contract/agreement with Okaloosa County or and the upland permitted property owner. 3. The business name, phone number, and the Okaloosa County Qualified Beach Vendor Certificate number must be displayed on both sides of the vehicle while the vehicle is on the beach. The informational lettering must be no smaller than two inches (2”) and no larger than three inches (3”) in height. 4. A copy of the Okaloosa County Qualified Beach Vendor Certificate Beach Vehicle Permit must be carried in the vehicle at all times when on the beach. 5. Permitted vehicles are only allowed to enter and exit the beach via the emergency access ways located at beach access ways #2, #4, #7, and the Boardwalk on Okaloosa Island and James Lee Park in Destin. The emergency access ways will be unlocked and relocked by County staff during the approved scheduled times/dates (see subsection 8 below). Driving vehicles on or over the sand dunes is not allowed except in an emergency situation. Failure for permitted vehicles vendors who have been issued a Qualified Beach Vendor Beach Vehicle Permit to comply with items C.1 through C.5 are subject to the following enforcement actions: 12  a. First infraction – written notice to the company and warning issued to violator (driver) b. Second infraction – $250.00 fine c. Third infraction – withdraw vehicle’s beach permit. 6. The speed limit on the beach is 10 mph. Violation of the speed limit will result in the following: a. First infraction – written warning to company, ticket issued to violator (driver), and a $500.00 fine. b. Second infraction - $1,000.00 fine c. Third infraction – withdraw vehicle’s beach permit 7. Hazard lights and head lights must be on while driving on the beach. Failure to operate a vehicle with hazard lights or head lights on are subject to the following enforcement actions: a. First infraction – written notice to the company and warning issued to violator (driver) b. Second infraction - $250.00 fine c. Third infraction – withdraw vehicle’s beach permit 8. Permitted vehicles Qualified Beach Vendors who have obtained Qualified Beach Vendor Vehicle permits are allowed access during the following times and dates: a. Approved times (Central Time): 6:00 7:00 a.m. until 8:00 9:00 a.m. , 5:00 4:00 p.m. until 7:00 6:00 p.m. b. Approved dates will be set up as follows. i. Last three days of February and Ffirst three days of March ii. Three Two days prior to the beginning of Spring Break as determined by the TDC Tourist Development Department. iii. Three Two days prior to Memorial Day iv. July 1st, and 2nd, and 3rd v. Thursday, Friday, and Saturday of the third week of August vi. Three days prior to Labor Day vii. Thursday, Friday, and Saturday of the last week of October viii.The first week of November ix. Other dates as approved by Okaloosa County (ex. inclement weather, etc.) 9. Vehicles must be clean (free of any materials not meeting the requirements of Land Development Code, Section 6.02.04, Discoloring Material Prohibition) and in proper running order so as not to leak any fluids such as grease, oil, transmission fluid, antifreeze, etc. at any time. Improperly operating vehicles used by the Qualified Beach Vendor are subject to the following enforcement actions: 13  a. First infraction – written notice to the company and warning issued to violator (driver) b. Second infraction - $250.00 fine c. Third infraction – withdraw vehicle’s beach permit 10. The fee to obtain vehicular authorization a Qualified Beach Vendor Beach Vehicle Permit for beach access is $500.00 per calendar year per vehicle. Vendors are limited to two authorized vehicles. The vehicle(s) must be designated on the Qualified Beach Vendor application. 11. Transfer of vehicle permit for beach access shall be limited to vehicles owned by the same person or entity. Tag number and copy of the registration of affected vehicles will be provided to the Public Works Resources Department Parks Division prior to vehicle use on the beach. At no time will there be more than two (2) permitted vehicles per Qualified Beach Vendor. 12. Non permitted vehicles other than official vehicles used by Sheriff’s deputies and County employees used for official business shall not be operated on the beach. 13.