Okaloosa County BOCC — December 4, 2012 — reading text

means of 123 transportation on or in the water, including sailboats, sailboards, and windsurfboards. 124 125 Shoreline means the beaches, river shores and lake shores under the jurisdiction of 126 Okaloosa County. 127 128 Solicit or canvass means any act, delivery, or exchange not initiated by the prospective 129 customer or which directs attention to any business, mercantile, or commercial establishments, or 130 any other commercial activity, for the purpose of directly or indirectly promoting commercial 131 interest through sales, rentals, or any exchange of value. 132 133 Special events means: 134 3 Packet Pg. 12  6.1.a 135 (1) Any use, activity, or event conducted or promoted at any County park, Attachment: Original Ordinance 08-06 with Revisions 004 011513 (1290 : Public Hearing - Changes to Revisions of Ordinance 08-06) 136 beach or recreational area of Okaloosa County that would constitute a 137 violation of any provision of this ordinance or any rule or regulation 138 issued under the authority of this ordinance. 139 140 (2) Any activity or event that is organized and promoted to attract, and is 141 likely to attract, a crowd of more than fifty (50) forty-nine (49) persons to 142 a certain place at any County park, beach or recreational area at a certain 143 time under circumstances that are likely to interfere with the public‟s right 144 of access and use of the beach or create a need for additional police, 145 lifesaving, or other services; or 146 147 (3) Any activity or event at any County park, beach or recreational area that is 148 promoted or sponsored by commercial interest and will advertise or 149 promote private commercial interest. 150 151 (4) Special Events does not include private parties on private property unless 152 they are of such a nature to create a need for additional police, lifesaving, 153 or other services. 154 155 Surfboard means a fiberglass, epoxy, closed-cell neoprene or Styrofoam instrument with 156 one or more fiberglass fins or skegs attached or inserted into the belly or bottom of the surfboard. 157 This definition shall include windsurfboards, paddle boards, and sailboards. This definition shall 158 not include rubber rafts, floats, belly boards, or boogie boards. 159 160 Surfing means the riding or paddling of a surfboard within the waters of the Gulf of 161 Mexico abutting or adjacent to the beach. 162 163 Ultralight aircraft means any heavier-than-air, motorized aircraft which meets the 164 criteria for maximum weight, fuel capacity, and airspeed established for such aircraft by the 165 Federal Aviation Administration under part 103 of the Federal Aviation Regulations. 166 167 Vehicle means every device in, upon, or by which any person or property is, or may be, 168 transported or drawn upon a highway. 169 170 Vending means offering for sale, rent, or as part of a contractual agreement any services, 171 goods or materials to be consumed or placed on the beach, or recreational area without a permit, 172 lease contract or franchise duly issued or executed by the governing body of the County. 173 174 Vessel is as defined by Section 327.02(37), Florida Statutes, and means (and is 175 synonymous with boat as referenced in section 1(b) Article VII of the State Constitution) and 176 includes every description of watercraft, barge, and air boat, other than a seaplane on the water, 177 used or capable of being used as a means of transportation. 178 179 Water based activities means those vendor operations in which the customer will 180 participate in an activity on or in the water. This includes, but is not limited to, ocean kayak 4 Packet Pg. 13  6.1.a 181 rentals, water trampolines, climbing walls, inflatable boat rides, personal watercraft rentals, and Attachment: Original Ordinance 08-06 with Revisions 004 011513 (1290 : Public Hearing - Changes to Revisions of Ordinance 08-06) 182 parasail operations. 183 184 Water body means Gulf of Mexico, Choctawhatchee Bay, and bayous, rivers, creeks, 185 lakes located in Okaloosa County. 186 187 Water’s edge means that portion of the shore at any given time of the day where the tide 188 flows and reflows along a water body. 189 190 Windsurfboard means a surfboard equipped with a sail and designed to be propelled by 191 the wind. The term “windsurfboard” shall be synonymous with the term “sailboard.” 192 193 Section 2. Authority; purpose and intent. 194 195 This Ordinance is adopted pursuant to Section 125.01 Florida Statutes. Unless stated 196 otherwise, is intended to regulate comprehensive public health, safety and welfare on or 197 pertaining to the County beaches, James Lee Park and all parks and recreation areas in 198 the unincorporated areas of Okaloosa County. Local government policy toward the 199 beach, County parks, water bodies and recreational areas should be guided by the 200 recognition that proper management of these areas is vital to the economic development 201 of the County and that all reasonable competing uses of these areas must be protected and 202 balanced. 203 204 This Ordinance makes no finding of fact that the public either has or has not customarily 205 used any particular place of gulf front property beach. 206 207 Section 3. Regulation of Use and Conduct at the beach, County parks, water bodies, 208 and all recreational areas in unincorporated areas of Okaloosa County. 209 210 A. Overnight camping: 211 212 Overnight camping is restricted to posted parks only. Otherwise it shall be unlawful to 213 camp or leave non permitted items such as, but not limited to, collapsible structures, tents 214 (including tent frames), umbrellas, sheds, trailers, etc. unattended overnight and/or those time 215 periods during which the beaches, County parks, or recreational areas are closed. 216 217 B. Fires and Fireworks: 218 219 It shall be unlawful for any person, firm, corporation, or other legal entity to ignite any 220 substance or material or to light or participate in the lighting of any fire between the 221 vegetation line or mean high water mark (beach area), whichever is a greater distance from 222 the water‟s edge, and the waters edge of the Gulf of Mexico in Okaloosa County, Florida. No 223 person shall bring into, possess, or set off or otherwise cause to explode or discharge or burn 224 any fireworks as defined herein in any County park or any other County owned or leased 225 property unless approval has been granted by the Board of County Commissioners. (Ord. No. 226 79- 41, Sect. 1, 5-26-79; Code 10-1). 5 Packet Pg. 14  6.1.a 227 1. No open fires/flames are allowed at John Beasley Park. This includes but is Attachment: Original Ordinance 08-06 with Revisions 004 011513 (1290 : Public Hearing - Changes to Revisions of Ordinance 08-06) 228 not limited to sternos, Bar-B-Q grills, candles, tiki torches, fireworks, etc. 229 2. (2) No fires are allowed in County public parks or recreation areas except 230 where grills and/or fire rings have been provided by the Parks Division. 231 232 C. Fishing: 233 234 It shall be unlawful for any person in Okaloosa County, including the incorporated 235 areas: 236 237 1. To fish in the Gulf of Mexico after having been warned by any law enforcement 238 officer that the health and safety of bathers is being endangered; or; 239 240 2. While on the beach or within twenty five hundred (2500‟) feet from shore to 241 intentionally fish for sharks or to fish by those methods commonly known as 242 “chumming” or “blood baiting”. 243 244 3. Nothing in this section shall be construed to create a duty on the part of any 245 governmental employee or agent to prevent fishing or to warn of the presence of 246 sharks in the Gulf of Mexico. 247 248 D. Glass containers: 249 250 No person, firm, corporation, joint venture, partnership, or other legal entity shall possess 251 or utilize any glass or ceramic bottle or container in or on any public park, beach, or 252 recreational area in the cCounty. (Ord. No. 83-22, Sect.3,7-26-83; Code 16-102) 253 254 E. Soliciting and canvassing: 255 256 It shall be unlawful for any person to solicit or canvass within the boundaries or in front 257 of at any County park, beach or recreation area, except those operating with a permit issued 258 by the Board of County Commissioners. (Ord. No. 80-12, §2,4-22-80; Ord. No. 83-22, §2,7- 259 26-83; Ord. No. 84-15, § 1,5-22-84; Code 12-1) 260 261 F. Littering: 262 263 It shall be unlawful for any person to discard or otherwise dispose or abandon any trash, 264 garbage, bottles, containers, cans, dead fish or parts thereof, charcoal briquettes or ashes, or 265 any other litter on the beach, County park or recreational area except in designated containers 266 for that purpose. It is further unlawful to dispose of any household garbage on the beach, 267 County park or any recreational area. (Ord. 87-33, Art. 3, Sect. 2, 6-23-87, Code 11-132) 268 269 G. Obstructions on the beach: 270 271 It shall be unlawful for all types of personal property, including by way of example and 272 not limitation, canopies, cabanas, umbrellas and other shading devices, picnic tables, coolers, 6 Packet Pg. 15  6.1.a 273 tiki huts, volleyball nets, hammocks, beach chairs, umbrellas, other furniture, tents (including Attachment: Original Ordinance 08-06 with Revisions 004 011513 (1290 : Public Hearing - Changes to Revisions of Ordinance 08-06) 274 tent frames), and other personal articles to be left on the beach in such a manner that they 275 interfere with beach