Okaloosa County BOCC — December 4, 2012 — reading text

ultraviolet (UV) light and long-term gloss and color retention. Packet Pg. 6  2.1.a Packet Pg. 7 Attachment: Tank-of-the-Year-2012 (1281 : 2012 Tank of the Year Award Presentation)  6.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 22, 2013 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Public Hearing - Changes to Revisions of Ordinance 08-06 DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Receive public comment and Board direction regarding updated revisions to Ordinance 08-06 County Recreation Areas. BACKGROUND and ANALYSIS: Staff presented revisions to Ordinance 08-06, County Recreation Areas, to the Board on December 18, 2012. Considerable discussion took place among Board members and staff regarding the proposed ordinance including suggestions for revisions. The Board directed staff to amend the document with minor changes based on the feedback received during the public hearing. Several changes were made to the document and line numbers were added for ease of reference. The most significant changes to the document include: Line 285 - inserted "unattended" and changed "8:00 am" to "7:30" am" Line 385-400 - Added new language to drop reference to the Sheriff's Department and Code Enforcement and place responsibility with OCPW and OCPS Line 567 - added back in "Last two days of February" Line 785 - changed "8:00 am" to "7:30 am" Revisions to the Ordinance are captured in red font with the most recent changes added since the December 18th public hearing highlighted in yellow. The goal of Public Works and Public Safety is to implement these ordinance changes through a comprehensive public awareness campaign. The attached literature reflects measures that will be put in place to notify visitors to our beaches of the recent changes to our County Recreation Areas Ordinance. Signage will be placed at each access point to the Gulf beaches, as well as each lifeguard stand located on the County’s beaches. Letters will be sent to each of our lodging partners requesting their assistance with notifying their patrons upon their arrival to our area. In addition, the TDD will be working to develop literature to be shared with their industry partners which will detail the requirements for removal of personal items from the beaches during specified hours. It is staff’s desire to implement these changes through aggressive public awareness without having to take possession of personal property. OPTIONS: Approve/Disapprove revisions to Ordinance 08-06 County Recreation Areas. Packet Pg. 8  6.1 RECOMMENDATION: Staff requests Board approval for the proposed revisions to Ordinance 08-06 County Recreation Areas. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 9  6.1.a 1 COUNTY RECREATION AREAS Attachment: Original Ordinance 08-06 with Revisions 004 011513 (1290 : Public Hearing - Changes to Revisions of Ordinance 08-06) 2 3 ORDINANCE NO. 08-06 4 5 AN ORDINANCE AMENDING THE COUNTY RECREATION 6 AREAS PROVISIONS OF THE OKALOOSA COUNTY CODE 7 OF ORDINANCES; PROHIBITING THE LEAVING OF ITEMS 8 OF PERSONAL PROPERTY DURING SPECIFIED TIMES, OR 9 DURING PERIODS THAT WILL INTERFERE WITH BEACH 10 MAINTENANCE OR CLEANING; REVISING THE 11 PROHIBITIONS OF OVERNIGHT CAMPING; PROHIBITING 12 FIRES OR OPEN FLAMES EXCEPT AS PERMITTED; 13 REVISING DEFINITIONS; AMENDING HOURS OF USE; 14 REGULATING WEDDINGS; REVISING CONDITIONS; 15 PROVIDING AN EFFECTIVE DATE AND REPEALING ALL 16 ORDINANCES OR PROVISIONS THEREOF IN CONFLICT 17 HEREWITH. 18 19 20 WHEREAS, the recreational area provisions of the Okaloosa County Code of Ordinances have 21 been reviewed and are in need of additional clarifications and revisions; and 22 23 WHEREAS, items of personal property left unattended on the beach overnight are obstacles 24 for maintenance crews, security, and beach patrols, interfere with the public‟s access, use and 25 enjoyment of the beach, pose safety hazards, adversely affect aesthetic beauty, tourism, 26 economic interests, and can be an obstruction for sea turtles; and 27 28 WHEREAS, during the summer season especially, hundreds of beach tents, canopies, cabanas, 29 shading devices, chairs, and other items of personal property have been left overnight on the 30 beach; and 31 32 WHEREAS, personal property which is left unattended on the beach overnight constitutes a 33 nuisance which is contrary to the public health, safety and welfare; and 34 35 WHEREAS, in order to protect and maintain the use of the beach for residents, visitors, 36 tourists, wildlife, sea turtles, maintenance crews, security, and beach patrols, the overnight 37 placement of items of personal property on the beach must be prohibited; and 38 39 WHEREAS, the personal property left on the beach is neither “lost property” nor “abandoned 40 property” as those terms are defined in Section 705.101, Florida Statutes, because such property 41 has neither been mislaid nor disposed of on the beach in a wrecked or inoperative condition, and 42 that the regulation of personal property left on the beach overnight is not preempted by Chapter 43 705, Florida Statutes; and 44 1 Packet Pg. 10  6.1.a 45 WHEREAS, public trash containers, lifeguard stands and associated items, signs placed by a Attachment: Original Ordinance 08-06 with Revisions 004 011513 (1290 : Public Hearing - Changes to Revisions of Ordinance 08-06) 46 governmental agency on the beach and beach areas, and public items, should be allowed to 47 remain on the beach in order to further other important public interests and benefits. 48 49 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 50 OF OKALOOSA COUNTY, FLORIDA: 51 52 Sections 1 through 13 of the Okaloosa County Ordinance 08-06 are hereby amended and 53 Sections 14 and 15 are added to read: 54 55 Section 1. Definitions 56 57 The following words, terms, and phrases, when used in this ordinance, shall have the 58 meanings ascribed to them in this section, except where the context clearly indicates a different 59 meaning. 60 61 Alcoholic beverage means a beverage containing more than one percent of alcohol by 62 weight. 63 64 All terrain vehicle means any motorized off-highway vehicle fifty (50) inches or less in 65 width, having a dry weight of 600 pounds or less, traveling on three or more low pressure tires, 66 designed for operator use only with no passengers, having a seat or saddle designed to be 67 straddled by the operator, and having handlebars for steering control. 68 69 Animal means any animate being other than a human which is endowed with the power 70 of voluntary motion. 71 72 Bather means any person who is in the Gulf of Mexico, Choctawhatchee Bay, bayous, 73 rivers, streams and lakes, whether said person is swimming, wading, or engaged in any other 74 activity in the water. 75 76 Beach and Shores means the coastal and intracoastal shoreline bordering upon the 77 waters of the Gulf of Mexico, Choctawhatchee Bay, and any water bodies under the jurisdiction 78 of Okaloosa County between the mean high-water and the water‟s edge. On Okaloosa Island, 79 beach means the area of white sandy beach between the southern most property line of the 80 adjacent parcels and the waters of the Gulf of Mexico. 81 82 Blood Baiting means the use of blood or bloody fish part to attract sharks. 83 84 Boat (see Vessel). 85 86 Camping means the erection of shelter or a similar structure for the purpose of sleeping; 87 or sleeping or lying upon the beach or recreational area either under or outside of any shelter, 88 vehicle, bedroll, blanket, or other protective garb. 89 2 Packet Pg. 11  6.1.a 90 Chumming means the throwing of bait or fish parts into the water to attract fish. Attachment: Original Ordinance 08-06 with Revisions 004 011513 (1290 : Public Hearing - Changes to Revisions of Ordinance 08-06) 91 92 County or Okaloosa County means the unincorporated area of Okaloosa County, 93 Florida. 94 Fireworks means firecrackers, torpedoes, rockets, toy firearms, cannons, or other 95 fireworks or explosives of or containing flammable material or any substance, compound, 96 mixture, or article which in conjunction with any other substance or compound, may explode, 97 discharge, or burn. 98 99 Idle Speed means the lowest speed at which a vessel or sailcraft can operate and 100 maintain steering control. 101 102 Motor vehicle means any vehicle which is self-propelled, including golf carts. 103 104 Operator means any natural person, firm, partnership, association, corporation, and any 105 other legal entity. 106 107 Park means any area designated by deed, recorded plat, or contractual agreement for use 108 by the general public of Okaloosa County for Park purposes. 109 110 Person means any natural person, firm, partnership, association, corporation, and any 111 other legal entity. 112 113 Personal watercraft is as defined by Section 327.02(28), Florida Statutes, and means a 114 vessel less than sixteen (16) feet in length which uses an inboard motor powering a water jet 115 pump as its primary source of motive power, and which is designed to be operated by a person 116 sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the 117 conventional manner of sitting or standing inside the vessel; i.e., Jet Ski. 118 119 Recreational Area means any area designated by deed, recorded plat, or contractual 120 agreement for use by the general public of Okaloosa County for recreational purposes. 121 122 Sailcraft means a wind-propelled vehicle used or capable of being used as a