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

Turtle nesting season is designated from May 1 through October 31 each year. All vehicles and activities operating on the beaches will steer clear of all marked turtle nesting sites; any adult turtle accessing the beach for the purpose of nesting; or hatchling turtle emerging from a nest site and migrating to the water’s edge. Per State Statue Title XXVIII Chapter 370.12 (1) Protection of Marine Turtles, it is a third degree felony for ‘Any person…that illegally takes, disturbs, mutilates, destroys, causes to be destroyed,…molests, or harasses any marine turtle species, or the eggs or nest of any marine turtle species….’. Section 6. Aircraft. A. No person operating, directing, or responsible for any airplane, seaplane, parasail, helicopter, glider, balloon, dirigible, parachute, ultralight, or other aerial apparatus shall take off from or land at any County park, beach or recreational area except for emergency aircraft, e.g., medical emergency helicopters. . Section 7. Temporary Use for Special Events. A. Policy and Objective This Section is intended to ensure broad usage by allowing temporary uses of any County park, beach or recreational area for purposes which otherwise would be prohibited. These special uses would be allowed by a permit that waives certain restrictions under specific condition which still protect the public health, safety, and welfare. The permitting process is intended to provide a convenient procedure to be followed by beach users. Any temporary use permits will be issued by the Board of County Commissioners 14  or their designee. Fees for these temporary use permits will be established by Resolution by the Board of County Commissioners. Use of electricity and/or water is not granted unless approved. If use is approved additional charges may apply. B. Procedure 1. All requests shall be in writing stating reason, location, time, point of contact and the sponsor. Request must be presented to Public Work staff 60 days prior to the event. Request will be reviewed by Public Works, Public Safety, Growth Management, Water and Sewer, Sheriff’s Office and the request will be approved by the Okaloosa County Board of County Commissioners. 2. Permits will only be issued after approved by the Board of County Commissioners at a regularly scheduled meeting. 3. All organizations submitting applications for permits pursuant hereto shall be required to furnish the County proof of liability insurance in the minimum amounts of $500,000 per person and $1,000,000 per occurrence, naming the Okaloosa County Board of County Commissioners and Okaloosa Sheriff as additional insureds on the policy, insuring for any damages that may be sustained as the result of the activity. 4. All organizations submitting applications for permits shall be required to execute a hold harmless agreement indemnifying the County and Sheriff’s Office for any loss suffered as the result of the activity. 5. All events will pay a daily use fee and appropriate security deposit. These fees are due in advance of proposed activity. Section 8. Commercial activity on public lands. A. Permit, lease, etc. required: No person, firm, corporation, joint venture, partnership, or other legal entity shall directly or indirectly sell, rent, advertise, or promote property, real or personal, or conduct directly or indirectly any commercial activity of any nature or kind, including but not limited to the passing out of literature on or from any public land, public right-of-way, or public recreational area in the county without a permit, lease, contract, franchise, or Qualified Beach Vendor Certificate duly issued or executed by the governing body of the county. B. Preservation of public health, safety, etc. No permit, lease, contract, or franchise shall hereafter be issued for the commercial activities prohibited by this section unless the Board of County Commissioners makes a specific finding that the proposed activity will serve a public need and promote the public health, safety, or welfare. C. Vendor eligibility: The minimum qualifications required to become a Qualified Beach Vendor or public recreation area vendor are as follows: 15  1. The vendor or business shall demonstrate that a valid occupational license business tax receipt from the Okaloosa County Tax Collector’s office or State of Florida has been obtained as required by the State of Florida and/or Okaloosa County. 2. Vendor shall demonstrate procurement of adequate insurance(s) as specified by the Okaloosa County Risk Management Department irector. 3. Permits from appropriate Local, State, and Federal agencies shall be provided by the Vendor as required. D. Application for permit lease, etc. All applications for a permit, lease, contract, or franchise shall be filed in duplicate with the Bboard of Ccounty Ccommissioners through the Okaloosa County Public Works Parks Division for consideration in accordance with paragraph (b), and shall include: 1. The name, address, age, and business affiliation of the applicant; and 2. A thorough description of the nature of the proposed activity; and 3. A statement as to why and how the proposed activity will promote the public health, safety, morals, or welfare; and 4. A statement as to why and how the proposed activity will not have an adverse environmental impact on the public area involved; and 5. A statement as to why and how the proposed activity will not annoy, harass, intimidate or interfere with the public and their enjoyment of the area involved; and 6. A statement as to how the applicant intends to protect the county from liability for the proposed activity. E. Consideration of application. The Bboard of Ccounty Ccommissioners shall consider the application as submitted and may grant or reject the same, or advertise for bids in accordance with such additional terms and conditions deemed necessary to protect the public interest (Ord. No. 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) F. Application for Qualified Beach Vendor Certificate and/or Public Recreation Area Vendor: All applications for a Qualified Beach Vendor Certificate and/or public recreation area vendor shall be filed in duplicate with the Board of County Commissioners through the Okaloosa County Public Works Resources Division for consideration in accordance with section 8.B, and shall include all of the following: 1. $500.00 non refundable application fee 2. Application review period is thirty (30) working days 16  32. The name, address, and business affiliation of the applicant; 43. A thorough description of the nature of the proposed activity; 54. A statement as to why and how the proposed activity will serve a public need and promote the public health, safety, or welfare; 65. A statement as to why and how the proposed activity will not have an adverse environmental impact on the public area involved; 76. A statement as to why and how the proposed activity will not annoy, harass, intimidate or interfere with the public and their enjoyment of the area involved; 87. A statement as to how the applicant intends to protect the County from liability for the proposed activity. 98. Each applicant shall sign a statement stating they have read the 04-05 Ordinance 08-06 as amended and fully understand its contents. G. Qualified Beach Vendor Certificates and/or Recreation Area Vendor shall be renewed annually. All Qualified Beach Vendor Certificates and Recreation Area Vendor expire on December 31. Vendors shall apply to become a Qualified Beach Vendor and/or Recreation Area Vendor each year that they wish to conduct business on the public beach and/or public recreation area. H. Consideration of application. The Board of County Commissioners or their designee shall consider the application as submitted and may grant or reject the same. The Board of County Commissioners maintains the right to advertise for bids in accordance with such additional terms and conditions deemed necessary to protect the public interest (Ord. No. 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) SECTION Section 9. Beach Service Stipulations A. Qualified Beach Vendors operating on the beach shall only fly the beach warning flag(s) specified by the posted flag system of the Okaloosa County Beach Safety Division. B. All Qualified Beach Vendor equipment shall be placed in accordance with the requirements provided by the Okaloosa County Public Works Parks Division Resources Department and the Florida Department of Environmental Protection. Beach storage boxes shall display the Okaloosa County Qualified Beach Vendor Certificate number on opposing sides of their box with letters not to exceed three inches (3”) in height but no less than two inches (2”) in height. 17  C. Qualified Beach Vendors shall maintain their permitted site(s) to be free of debris, trash, inoperable equipment and other non essential items. D. Qualified Beach Vendors shall ensure that their area’s refuse will be placed in a County provided trash receptacle. Should a trash receptacle become full vendors shall remove the full bag, tie the bag shut, place it adjacent to the receptacle and place a new County provided bag (which is located in the bottom of the receptacle) in the receptacle. E. In the event of a storm or impending disaster all beach vendor equipment on the County’s public beach must be removed to the vendor’s off-site storage area. Access for removal and replacement will be determined by Okaloosa County Parks Division Resources Department. F. Spacing, set back, and beach safety corridor requirements stated in section 3.G shall be adhered to at all times. G. Qualified beach vendors shall not set up beach chair/umbrella, or other equipment before 8:00 a.m. Central Time, and shall remove beach chair/umbrellas or other equipment prior to one hour after dusk. Violation of this item can result in the Qualified Beach Vendor Certificate being revoked or prevention of a Qualified Beach Vendor Certificate being issued to the beach chair/umbrella service in the future. Section 10. Permit for A a Designated Beach Property This section addresses the procedures by which an upland property owner or their designee can apply to Okaloosa County to engage the services of a Qualified Beach Vendor(s) on the public beach area adjacent to their facility. A. Yearly applications must be submitted to the Board of County Commissioners for consideration and must include; the name of the upland facility, contact information, number of units, linear beach footage of property (measured from property line in a straight line to the other property line adjacent to the county beach), an 8 ½” X 11” copy of a map depicting property and adjacent beach with property boundary dimensions and type of vendor service(s) they wish to engage. B. Permit review period is thirty