Okaloosa County BOCC — October 2, 2012 — reading text

Public Hearing Request) (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 public recreation area vendor shall be renewed annually. All qualified beach vendor certificates and/or public recreation area vendors expire on December 31. Vendors shall apply to become a qualified beach vendor and/or public 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 bBoard of cCounty cCommissioners or their designee shall consider the application as submitted and may grant or reject the same. The bBoard of cCounty cCommissioners maintains the right to advertise for bids in accordance with such additional terms and conditions deemed necessary to protect the public interest. (Ord. No. 08-06, § 8, 3-18-08) Sec. 16-49. - 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 Department Division 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 in height but no less than two inches in height. (c) Qualified beach vendors shall maintain their permitted site(s) to be free of debris, trash, inoperable equipment and other nonessential items. (d) Qualified beach vendors shall ensure that their area's refuse will be placed in a cCounty-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 cCounty-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 cCounty'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 Department Division. (f) Spacing, setback, and beach safety corridor requirements stated in subsection 16-43(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. Okaloosa County, Florida, Code of Ordinances Page 16 of 22 Packet Pg. 266  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS (Ord. No. 08-06, § 9, 3-18-08) Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) Sec. 16-50. - Permit for 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 bBoard of cCounty cCommissioners 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 eight and one-half inches × 11 inches 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 30 working days. (cb) Applicant is required to select an Okaloosa County Qualified Beach Vendor. A list of qualified beach vendors can be obtained from the pParks dDivision of the pPublic wWorks dDepartment. A copy of the selected qualified beach vendor's certificate must be attached. (dc) There is no fee for the yearly permit. The permit review period is 30 working days. The permit will be in effect from the permit approval date January 1 through December 31 of the specified year. (ed) Consideration of application. The bBoard of cCounty cCommissioners or their designee shall consider the permit application as submitted and may grant or reject the same. The maintains the bBoard of cCounty cCommissioners maintains the right to advertise for bids in accordance with such additional terms and conditions deemed necessary to protect the public interest. (Ord. No. 08-06, § 10, 3-18-08) Sec. 16-51. - Penalties. (a) Any person found in violation of the above provisions, excluding Section 16-45 (c) (1) thru (7), shall face the following civil penalties unless otherwise specified. Any person to whom a citation is issued shall pay the fine by the designated date to the Clerk of Court or appear in cCounty court at the time, date, and location designated in the citation. (b) Minimum civil penalties for violations not otherwise listed are as follows: 1. First violation: $100.00 2. Second violation: $200.00 3. Third and subsequent violations: Fine of up to $500.00 and/or up to 60 days in jail. (c) Minimum civil penalties for violations of subsection 16-43(d), glass containers: 1. First violation: $50.00 2. Second violation: $150.00 Okaloosa County, Florida, Code of Ordinances Page 17 of 22 Packet Pg. 267  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS 3. Third and subsequent violations: $300.00 Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) (d) Minimum civil penalties for violations of subsection 16-45(a), (b), Permitted vehicles on the beach, parks, and recreation areas: are specified in section 16-45 1. First violation: $200.00 2. Second violation: $300.00 3. Third and subsequent violations: $500.00 (e) Minimum civil penalties for violations of subsection 16-43(b), fires and fireworks: 1. First violation: $200.00 2. Second violation: $300.00 3. Third and subsequent violations: $500.00 (f) Minimum civil penalties for violations of subsection 16-43(a), overnight camping: 1. First violation: $100.00 2. Second violation: $200.00 3. Third and subsequent violations: $300.00 (g) Minimum civil penalties for violations of subsection 16-43(f), littering: 1. First violation: $200.00 2. Second violation: $300.00 3. Third and subsequent violations: $500.00 (h) Minimum civil penalties for violations of section 16-47, temporary use for special events: 1. First violation: $200.00 2. Second violation: $300.00 3. Third and subsequent violations: $500.00 (i) Minimum civil penalties for violations of section 16-52, hours of use: 1. First violation: $50.00 2. Second violation: $150.00 3. Third and subsequent violations: $300.00 (j) Any person requesting a hearing in cCounty court waives the right to pay the minimum civil penalties. Okaloosa County, Florida, Code of Ordinances Page 18 of 22 Packet Pg. 268  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS (k) Penalties shall be in addition to court costs established by statute. Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) (l) The maximum civil penalty for each violation shall be $500.00 or as previously specified. (m) If a person to whom a citation is issued does not contest the citation and elects to pay the applicable civil penalty to the Clerk of Court in lieu of appearing in cCounty court, the civil penalty shall be less than the maximum civil penalty. (n) Any funds generated by the fees and fines provided for in this article shall be used for the enforcement of the ordinance [from which this article derives]. (o) The dollar amounts set for the fees and fines shall be revised by resolution by the bBoard of cCounty cCommissioners. (Ord. No. 08-06, § 11, 3-18-08) Sec. 16-52. - Hours of use. All cCounty parks, including river and beach access points, shall be closed between one hour after sunset and one hour before sunrise. No person, firm, corporation, joint venture, partnership, or other legal entity shall enter, occupy, trespass or use any cCounty park in Okaloosa County during the time that the same is closed to the public pursuant to the signs posted in conspicuous places at the entrance to the same. Overnight camping parking is prohibited. Exceptions to this section include: loading and unloading of watercraft at parks specifically designated for after-hours boat ramp use; and utilization of parks with lights for sponsored events until 9:30 p.m., at which time the lights must be extinguished. No overnight parking allowed at James Lee Park from 11:00 p.m. Central Time until one hour before sunrise. Violators will be towed at the vehicle’s owner expense. This section does not apply to the Pier and Newman C. Brackin Park, and James Lee Park. (Ord. No. 08-06, § 12, 3-18-08) Sec. 16-53. - Advisory committee. (a) [Established.] There is hereby established in the cCounty an Okaloosa County Parks Advisory Committee. This committee shall consist of nine seven citizens, one six coming from each of the five Commission Districts the unincorporated areas and three two additional members, at least one of which shall be from an from the incorporated area, with each cCounty commission district being represented by at least one member. The committee representation will seek to reflect the diversity within the cCounty. The terms of office shall be for periods of three years or until their successors are appointed and qualified, except the members