Okaloosa County BOCC — October 2, 2012 — Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM — reading text

used as a means of transportation. Water-based activities means those vendor operations in which the customer will participate in an activity on or in the water. This includes, but is not limited to, ocean kayak rentals, water trampolines, climbing walls, inflatable boat rides, personal watercraft rentals, and parasail operations. Water body means Gulf of Mexico, Choctawhatchee Bay, and bayous, rivers, creeks, lakes located in Okaloosa County. Okaloosa County, Florida, Code of Ordinances Page 5 of 22  CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS Water's edge means that portion of the shore at any given time of the day where the tide flows and reflows along a water body. Windsurfboard means a surfboard equipped with a sail and designed to be propelled by the wind. The term "windsurfboard" shall be synonymous with the term "sailboard." (Ord. No. 08-06, § 1, 3-18-08) Sec. 16-42. - Authority; purpose and intent. This article is adopted pursuant to Section 125.01, Florida Statutes. Unless stated otherwise, is intended to regulate comprehensive public health, safety and welfare on or pertaining to the cCounty beaches, James Lee Park, and all parks and recreation areas in the unincorporated areas of Okaloosa County. Local government policy toward the beach, cCounty parks, water bodies and recreational areas should be guided by the recognition that proper management of these areas is vital to the economic development of the cCounty and that all reasonable competing uses of these areas must be protected and balanced. This article makes no finding of fact that the public either has or has not customarily used any particular place of gulf front property beach. (Ord. No. 08-06, § 2, 3-18-08) Sec. 16-43. - Regulation of use and conduct at the beach, cCounty parks, water bodies, and all recreational areas in unincorporated areas of Okaloosa County. (a) [Overnight camping.]Overnight camping is restricted to posted parks only. Otherwise it shall be unlawful to camp or leave nonpermitted items such as, but not limited to, collapsible structures, tents (including tent frames), umbrellas, sheds, trailers, etc., overnight and/or those time periods during which the beaches, cCounty parks, or recreational areas are closed. (b) [Fires and Fireworks]. It shall be unlawful for any person, firm, corporation, or other legal entity to ignite any substance or material or to light or participate in the lighting of any fire or fireworks between the vegetation line or mean high water mark (beach area), whichever is a greater distance from the water's edge, and the water's edge of the Gulf of Mexico in Okaloosa County, Florida. (1) No open fires/flames are allowed at John Beasley Park. This includes but is not limited to sternos, Bar-B-Que grills, candles, tiki torches, fireworks, etc. (2) No fires are allowed in County public parks or recreation areas except where grills and/or fire rings have been provided by the Parks Division. (c) [Fishing]. It shall be unlawful for any person in Okaloosa County, including the incorporated areas: (1) To fish in the Gulf of Mexico after having been warned by any law enforcement officer that the health and safety of bathers is being endangered; or (2) While on the beach or within 2,500 feet from shore to intentionally fish for sharks or to fish by those methods commonly known as "chumming" or "blood baiting". (3) Nothing in this section shall be construed to create a duty on the part of any governmental employee or agent to prevent fishing or to warn of the presence of sharks in the Gulf of Mexico. Okaloosa County, Florida, Code of Ordinances Page 6 of 22  CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS (d) [Glass containers.] No person, firm, corporation, joint venture, partnership, or other legal entity shall possess or utilize any glass or ceramic bottle or container in or on any public park, beach, or recreational area in the cCounty. (e) [Soliciting and canvassing]. It shall be unlawful for any person to solicit or canvass within the boundaries or in front of any cCounty park, beach or recreation area, except those operating with a permit issued by the Board of County Commissioners. (f) [Littering]. It shall be unlawful for any person to discard or otherwise dispose or abandon any trash, garbage, bottles, containers, cans, dead fish or parts thereof, charcoal briquettes or ashes, or any other litter on the beach, cCounty park or recreational area except in designated containers for that purpose. It is further unlawful to dispose of any household garbage on the beach, cCounty park or any recreational area. (g) [Obstructions on the beach]. It shall be unlawful for all types of personal property, including by way of example and not limitation, canopies, cabanas, umbrellas and other shading devices, picnic tables, coolers, tiki huts, volleyball nets, hammocks, beach chairs and other furniture, tents (including tent frames), and other personal articles to be left on the beach in such a manner that they interfere with beach maintenance, or cleaning, nesting turtles, emergency vehicles, or lifeguards' view of the water. There shall be a minimum setback of 25 feet from the gulf side of the dune on all public beaches on Okaloosa Island and James Lee Park for an emergency access lane. (1) It shall be unlawful for all types of personal property, including by way of example and not limitation, tents (including tent frames), canopies, cabanas, umbrellas and other shading devices, picnic tables, tiki huts, volleyball nets, hammocks, beach chairs and other furniture, and other items generally used for swimming, sunbathing, or beach recreation to remain on the beach between midnight and 8:00 a.m. Central Time. As used in this section, the phrase “items generally used for swimming, sunbathing, or beach recreation” shall include, but not be limited to, beach chairs, umbrellas, coolers, tents (including tent frames), hammocks, tables, toys, towels, blankets, etc. (h) Swimming and surfing. Swimming, surfing, use of rafts, floats and other flotation devices. (1) It is unlawful for any person, firm, corporation or other legal entity to operate any watercraft, swim, bathe, surf, wade or dive within 150 feet of the Okaloosa Island Pier extending into the Gulf of Mexico on Santa Rosa Island. (2) (1) The director of public safety or the Okaloosa County Sheriff shall have the authority to declare that a state of emergency exists and order the posting of double red flags prohibiting entry into the water. This shall apply to all public beaches on Okaloosa Island, the county operated beaches of John Beasley Park, Ross Marler Park, First Access Way, Second Access Way, Third Access Way, Seventh Access Way, Newman C. Brackin Park, and James Lee Park. (3) (2) Following a declaration of a state of emergency for any portion of any water body in Okaloosa County including the incorporated areas, and the posting of double red flags prohibiting entry into the water, failure to comply with directions of lifeguards or law enforcement officers shall be a violation of Section 843.02, Florida Statutes, or other applicable statute. Those persons surfing as defined herein with a surfboard attached to the surfer by a leash are exempt from this Okaloosa County, Florida, Code of Ordinances Page 7 of 22  CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS article. (3) No person, firm, corporation or other legal entity except a lifeguard or other person actually engaged in a rescue attempt shall: a) Swim or bathe more than 300 feet perpendicular from the water's edge except as a necessary incident to other activities permitted beyond such distance. b) Operate any watercraft, swim, bathe, surf, wade or dive within 150 feet of the Okaloosa Island Pier extending into the Gulf of Mexico on Santa Rosa Island. c) Use any raft, float, boogie board, belly board or other flotation device of any description, except for a boat, surfboard, windsurfboard or sailboard, more than 300 feet from the water's edge, or in violation of an order given pursuant to subsection (h) of this section d) Swim or bathe in violation of an order given pursuant to subsection (h) of this section. (i) [Flag warning system.] (1) A flag warning system shall be adopted by the bBoard of cCounty cCommissioners. (2) All cCounty beaches as referenced in item (h)(2) and public access points to beaches leading to the Gulf of Mexico shall display a sign informing the public of the beach flag warning system, and hours lifeguards are on duty and notification that when lifeguards are not on duty swimmers shall swim at their own risk. The sign shall not be less than 24 inches wide and 30 inches long. (3) Beach vendors and contractors and other governmental entities are encouraged to post the beach flag warning system sign in a prominent place at their place of business. The sign shall be in color and not less than 24 inches wide and 30 inches long. (4) Beach lifeguards at cCounty beaches, as referenced in item (h)(2), shall post the appropriate flags depicting current conditions at each designated beach from the second Saturday in March through the second weekend in October, from 9 a.m. until 6 p.m. daily. Warning flags will be raised when lifeguards are on duty and actively guarding and will be lowered when lifeguards leave the beach daily. (j) [Sound amplification]. (1) No audio device, such as but not limited to, loudspeakers, television, radio, compact disc, tape, record player, iPod, phone, computer, or musical instrument, except equipment used by law enforcement, rescue or beach safety personnel, shall be used on the beach, cCounty park, recreational areas and water bodies in any manner, that can be heard by a person using normal hearing facilities, at a distance of 100 feet or more from the source of the sound, except if permitted by a County sanctioned event, e.g., a concert or other event. (k) [Removal of beach sand]. (1) No beach sand may be removed from the beach except for permitted construction under guidelines established by the cCounty. Okaloosa County, Florida, Code of Ordinances Page 8 of 22  CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS (l) [Removal of water.] (1) No water may be pumped from the Gulf of Mexico except for permitted construction under guidelines established by the cCounty. (m) [Animals.] Animals are prohibited in cCounty parks, beaches or other recreational areas with the exception of those used for assistance by handicapped, blind person, or law enforcement. (n) [Illegal drugs, alcohol, firearms and fireworks.] Use of illegal drugs, alcohol, firearms and fireworks shall be prohibited in any