Okaloosa County BOCC — December 4, 2012 — reading text

maintenance, or cleaning, nesting turtles, emergency vehicles, or 276 lifeguards‟ view of the water. 277 278 There shall be a minimum setback of twenty-five (25‟) feet from the gulf side of the dune 279 on all public beaches on Okaloosa Island and James Lee Park for an emergency access lane. 280 281 (1) It shall be unlawful for all types of personal property, including by way of example 282 and not limitation, tents (including tent frames), canopies, cabanas, umbrellas and other 283 shading devices, picnic tables, tiki huts, volleyball nets, hammocks, beach chairs and other 284 furniture, and other items generally used for swimming, sunbathing, or beach recreation to 285 remain on the beach unattended between midnight and 7:30 a.m. Central Time. As used in 286 this section, the phrase “items generally used for swimming, sunbathing, or beach 287 recreation” shall include, but not be limited to, beach chairs, umbrellas, coolers, tents 288 (including tent frames), hammocks, tables, toys, towels, blankets, etc. 289 290 291 H. Swimming and Surfing Swimming, surfing, use of rafts, floats and other flotation 292 devices: 293 294 1. It is unlawful for any person, firm, corporation or other legal entity to operate any 295 watercraft, swim, bathe, surf, wade or dive within 150 feet of the Okaloosa Island 296 Pier extending into the Gulf of Mexico on Santa Rosa Island. (Ord. No. 79-19, ~ 297 1,5-8-79, Code 16-2). 298 299 1. The Director of Public Safety or the Okaloosa County Sheriff shall have the 300 authority to declare that a state of emergency exists and order the posting of 301 double red flags prohibiting entry into the water. This shall apply to all public 302 beaches on Okaloosa Island the county operated beaches of John Beasley Park, 303 Ross Marler Park, First Access Way, Second Access Way, Third Access Way, 304 Seventh Access Way, Newman C. Brackin Park, and James Lee Park. 305 306 2. Following a declaration of a state of emergency for any portion of any water body 307 in Okaloosa County including the incorporated areas, and the posting of double 308 red flags prohibiting entry into the water, failure to comply with directions of 309 lifeguards or law enforcement officers shall be a violation of Section 843.02, 310 Florida Statutes, or other applicable statute. Those persons surfing as defined 311 herein with a surfboard attached to the surfer by a leash are exempt from this 312 Ordinance. 313 314 3. No person, firm, corporation or other legal entity except a lifeguard or other 315 person actually engaged in a rescue attempt shall: 316 7 Packet Pg. 16  6.1.a 317 a. Swim or bathe more than 300 feet perpendicular from the water's edge Attachment: Original Ordinance 08-06 with Revisions 004 011513 (1290 : Public Hearing - Changes to Revisions of Ordinance 08-06) 318 except as a necessary incident to other activities permitted beyond such 319 distance. 320 b. Operate any watercraft, swim, bathe, surf, wade or dive within 150 feet of 321 the Okaloosa Island Pier extending into the Gulf of Mexico on Santa Rosa 322 Island. 323 c. Use any raft, float, boogie board, belly board or other flotation device of any 324 description, except for a boat, surfboard, windsurfboard or sailboard, more than 325 300 feet from the water's edge, or in violation of an order given pursuant to 326 subsection (h) of this section 327 d. Swim or bathe in violation of an order given pursuant to subsection (H) of 328 this section. 329 330 I. Flag Warning System. 331 332 1. A flag warning system shall be adopted by the Board of County Commissioners. 333 334 2. All County beaches as referenced in item H (21) and public access points to 335 beaches leading to the Gulf of Mexico shall display a sign informing the public of 336 the beach flag warning system, and hours lifeguards are on duty and notification 337 that when lifeguards are not on duty swimmers shall swim at their own risk. The 338 sign shall not be less than twenty-four (24”) inches wide and thirty (30”) inches 339 long. 340 341 3. Beach vendors and contractors and other governmental entities are encouraged to 342 post the beach flag warning system sign in a prominent place at their place of 343 business. The sign shall be in color and not less than twenty-four (24”) inches 344 wide and thirty (30”) inches long. 345 346 4. Beach lifeguards at County beaches, as referenced in item H (21), shall post the 347 appropriate flags depicting current conditions at each designated beach from the 348 second Saturday in March through the second weekend in October, from 9 a.m. 349 until 6 p.m. daily. Warning flags will be raised when lifeguards are on duty and 350 actively guarding and will be lowered when lifeguards leave the beach daily. 351 352 J. Sound Amplification. 353 354 1. No audio device, such as but not limited to, loudspeakers, television, radio, 355 compact disc, tape, record player, iPod, phone, computer, or musical instrument, 356 except equipment used by law enforcement, rescue or beach safety personnel, 357 shall be used on the beach, County park, recreational areas and water bodies in 358 any manner, that can be heard by a person using normal hearing facilities, at a 359 distance of one hundred (100‟) feet or more from the source of the sound except if 360 permitted by a County sanctioned event, e.g., a concert or other event. 8 Packet Pg. 17  6.1.a 361 Attachment: Original Ordinance 08-06 with Revisions 004 011513 (1290 : Public Hearing - Changes to Revisions of Ordinance 08-06) 362 K. Removal of beach sand. 363 364 1. No beach sand may be removed from the beach except for permitted construction 365 under guidelines established by the County. 366 367 L. Removal of water. 368 369 1. No water may be pumped from the Gulf of Mexico except for permitted 370 construction under guidelines established by the county. 371 372 M. Animals are prohibited in county parks, beaches or other recreational areas with the 373 exception of those used for assistance by handicapped, blind person, or law enforcement. 374 Ord. No. 92-25, Sect. 5, 11-3-92; Ord. No. 93-46, Sect.1, 10-12-93; Ord. No. 93-51 Sect 375 2, 11-30-93; Code 5-25 (a) (6). 376 377 N. Use of illegal drugs, alcohol, firearms and fireworks shall be prohibited in any County 378 park, beach or other recreational area. The prohibition of the use of alcohol does not 379 apply within the appropriately licensed establishments at the Island Pier, Newman C. 380 Brackin Park and James Lee Park. 381 382 O. Disorderly conduct will not be permitted at any County park, beach or recreational area. 383 It shall include but not be limited to profanity, fighting, and disturbing the public peace. 384 385 P. Abandonment. Any item generally used for boating, swimming, sunbathing, beach 386 recreation, advertised sports activities and/or gatherings which remains unattended on the 387 beach or County recreational areas for more than the permitted time, or during a time that 388 is prohibited, shall be deemed abandoned. Abandoned items of personal property in 389 violation of this Article are hereby declared a public nuisance. 390 391 Q. Enforcement. 392 393 1. The Okaloosa County Public Works Parks Division and Okaloosa County Public 394 Safety Department are hereby authorized and directed to remove from the beaches 395 and recreation areas items of personal property that are abandoned as provided in 396 this Article. 397 398 2. Abandoned items removed from beaches or recreation areas shall become 399 property of Okaloosa County which shall dispose of the items in any legal manner 400 it deems appropriate 401 402 Section 4. Gulf of Mexico-Watercraft distance from shore, generally. 403 9 Packet Pg. 18  6.1.a 404 A. The operation of any motorized watercraft within seven hundred (700‟) feet of shoreline Attachment: Original Ordinance 08-06 with Revisions 004 011513 (1290 : Public Hearing - Changes to Revisions of Ordinance 08-06) 405 of the Gulf of Mexico in Okaloosa County including the incorporated areas is hereby 406 prohibited subject to the exemptions provided in Section B hereof. 407 408 B. The operation of non-propeller driven motorized watercraft within seven hundred (700‟) 409 feet of the shoreline of the Gulf of Mexico are hereby exempted under the following 410 conditions: 411 412 1. The owner or leaseholder of property bordering the Gulf of Mexico may give written 413 permission for non-propeller driven motorized watercraft to enter and exit the shore 414 adjacent to the property owned or leased within a corridor established, maintained, 415 and subject to the following conditions: 416 417 a. The corridor must be as least twenty (20‟) feet in width and not greater than 418 forty (40‟) feet in width and extending seven hundred (700‟) feet 419 perpendicular to the shore. Only one corridor will be allowed on each site. 420 421 b. The corridor is to be clearly marked along both sides with orange buoys that 422 are at least eighteen (18”) inches in diameter and anchored seven hundred 423 (700‟) feet from the shoreline. Marker buoys must be removed when the 424 corridor is not in use. 425 426 c. The corridor must be at least ten (10‟) feet interior to the extension of the 427 property line of the permitting owner or leaseholder 428 429 d. Entrance into the corridor from the shoreline must be marked by orange or red 430 cones which must be at least twenty-eight (28”) inches high erected at the 431 waterline. 432 433 e. There shall be posted landward of the corridor a sign advising the public of 434 the corridor and posting notice for vessels to proceed under idle speed. 435 436 f.