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

cCounty park, beach or other recreational area. The prohibition of the use of alcohol does not apply within the appropriately licensed establishments at the Island Pier, Newman C. Brackin Park and James Lee Park. (o) [Disorderly conduct.] Disorderly conduct will not be permitted at any cCounty park, beach or recreational area. It shall include but not be limited to profanity, fighting, and disturbing the public peace. (p) [Abandonment.] Any item generally used for boating, swimming, sunbathing, beach recreation, advertised sports activities and/or gatherings which remains on the beach or County recreational area for more than the permitted time, or during a time that it is prohibited, unless a permit has been obtained from Okaloosa County by the owner or person in possession and control of the item, shall be deemed abandoned and shall become the property of Okaloosa County which may dispose of the item in any manner it sees fit. (1) A method will be devised to identify and mark said objects in order to notify the property owner of possible corrective action. (2 1) Abandoned items of personal property in violation of this Article are a public nuisance. (2) Removal and/or disposal of such abandoned items may be performed by Okaloosa County Sheriff’s Department and/or Okaloosa County Code Enforcement. Remove and/or disposal of such abandoned items by the Okaloosa County Parks Department, Okaloosa County Public Safety, and/or the County’s beach cleaning contractor would be at the direction of the Okaloosa County Sheriff’s Department and/or the Okaloosa County Code Enforcement. (q) [Enforcement.] It shall be the duty and responsibility of the Okaloosa County Sheriff’s Department and/or the Okaloosa County Code Enforcement Department to enforce all provisions of this section. (Ord. No. 08-06, § 3, 3-18-08) Sec. 16-44. - Gulf of Mexico—Watercraft distance from shore, generally. (a) The operation of any motorized watercraft within 700 feet of shoreline of the Gulf of Mexico in Okaloosa County including the incorporated areas is hereby prohibited subject to the exemptions provided in subsection (b) hereof. (b) The operation of non-propeller driven motorized watercraft within 700 feet of the shoreline of the Gulf of Mexico are hereby exempted under the following conditions: (1) The owner or leaseholder of property bordering the Gulf of Mexico may give written permission for non-propeller driven motorized watercraft to enter and exit the shore adjacent to the property owned or leased within a corridor established, maintained, and subject to the following Okaloosa County, Florida, Code of Ordinances Page 9 of 22  CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS conditions: a. The corridor must be at least 20 feet in width and not greater than 40 feet in width and extending 700 feet perpendicular to the shore. Only one corridor will be allowed on each site. b. The corridor is to be clearly marked along both sides with orange buoys that are at least 18 inches in diameter and anchored 700 feet from the shoreline. Marker buoys must be removed when the corridor is not in use. c. The corridor must be at least ten feet interior to the extension of the property line of the permitting owner or leaseholder. d. Entrance into the corridor from the shoreline must be marked by orange or red cones which must be at least 28 inches high erected at the waterline. e. There shall be posted landward of the corridor a sign advising the public of the corridor and posting notice for vessels to proceed under idle speed. f. Swimming, surfing, sailing or wading shall be prohibited within the corridor but non- propeller driven motorized watercraft shall yield the right-of-way to any persons located therein. g. Non-propeller driven motorized watercraft shall be limited to the entry/exit corridor when closer than 700 feet from the shoreline and shall not exceed the idle speed or five m.p.h., whichever is greater, when within the corridor. (2) Commercial fishing boats are exempted from the provisions of this article while in the process of deploying nets while conducting fish netting operations, but shall not operate in excess of idle speed or five miles per hour, whichever is greater, when within 700 feet of the shoreline. (3) Publicly announced, properly authorized and supervised, and adequately patrolled regattas, speed trials, exhibitions, or other special events, when the same have been approved by the bBoard of cCounty cCommissioners and the applicant has provided a hold harmless agreement to the cCounty, liability insurance in the minimum amount of $500,000.00 per person and $1,000,000.00 per occurrence naming the cCounty as an additional insured on such policy, and such other conditions as deemed necessary by the bBoard of County Commissioners including but not limited to protecting the environment, and assuring that adequate public facilities and emergency response teams and equipment are available. (4) Commercial propeller driven motorized watercraft are exempt when owned or operated by the landward owner and operated within a corridor established, maintained, and subject to the following conditions: a. The corridor must be at least 20 feet in width and not greater than 40 feet in width and extending 700 feet perpendicular to the shore. Only one corridor will be allowed on each side. b. The corridor is to be clearly marked along both sides with orange buoys that are at least 18 inches in diameter and anchored 700 feet from the shoreline. Additional buoys will be placed at 100 feet and 300 feet. Marker buoys must be removed when the corridor is not in use. Okaloosa County, Florida, Code of Ordinances Page 10 of 22  CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS c. The corridor must be at least ten feet interior to the extension of the property line of the permitting owner or leaseholder. d. Entrance into the corridor from the shoreline must be marked by orange or red cones which must be at least 28 inches high erected at the waterline. e. There shall be posted landward of the corridor a sign advising the public of the corridor and posting notice for vessels to proceed under idle speed. f. Propeller driven commercial watercraft shall not operate within the corridor or within 700 feet of the shoreline when weather conditions cause the surf to be in excess of two feet. g. Propeller driven commercial watercraft shall never operate any closer than 100 feet from the shoreline, even when within the corridor. h. Propeller driven commercial watercraft shall never exceed idle speed or five miles per hour, whichever is greater, while within 700 feet of the shoreline. (Ord. No. 08-06, § 4, 3-18-08) Sec. 16-45. - Permitted vehicles on the beach, parks and recreation areas. (a) No person, firm, corporation, joint venture, partnership, or other legal entity shall operate any motor vehicle in, on, or over any public land, right-of-way, or cCounty park, beach, or recreational area in the cCounty that is not clearly designated or posted for vehicular traffic, vehicular parking or emergency vehicular traffic, unless the same shall have been issued a permit by the governing body of the cCounty. (b) Personal or privately owned all-terrain vehicles are not permitted on the public beach. Exception: All-terrain vehicles used by sheriff's deputies and cCounty employees may be driven on the beach in the performance of official business. (c) Permited vehicles accessing public beaches shall meet the following requirements: (1) The vehicle must have a current State of Florida registration and be covered by auto insurance written by an insurance company licensed to do business in the State of Florida. (2) The vehicle must be registered to the owner of a business which has obtained a qualified beach vendor beach vehicle permit from Okaloosa County and has an executed contract/agreement with Okaloosa County or and the upland permitted property owner. (3) The business name, phone number, and the Okaloosa County Qualified Beach Vendor Certificate number must be displayed on both sides of the vehicle while the vehicle is on the beach. The informational lettering must be no smaller than two inches and no larger than three inches in height. (4) A copy of the Okaloosa County Qualified Beach Vendor Beach Vehicle Permit Certificate must be carried in the vehicle at all times when on the beach. (5) Permitted vehicles are only allowed to enter and exit the beach via the emergency access ways located at beach access ways #2, #4, #7, and the boardwalk on Okaloosa Island and James Okaloosa County, Florida, Code of Ordinances Page 11 of 22  CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS Lee Park in Destin. The emergency access ways will be unlocked and relocked by cCounty staff during the approved scheduled times/dates (see subsection (8) below). Driving vehicles on or over the sand dunes is not allowed except in an emergency situation. Failure for vendors who have been issued a Qualified Beach Vendor Beach Vehicle Permit permitted vehicles to comply with items (c)(1) through (c)(5) are subject to the following enforcement actions: a. First infraction: Written notice to the company and warning issued to violator (driver). b. Second infraction: $250.00 fine. c. Third infraction: Withdraw vehicle's beach permit. (6) The speed limit on the beach is ten mph. Violation of the speed limit will result in the following: a. First infraction: Written warning to company, ticket issued to violator (driver), and a $500.00 fine. b. Second infraction: $1,000.00 fine. c. Third infraction: Withdraw vehicle's beach permit. (7) Hazard lights and head lights must be on while driving on the beach. Failure to operate a vehicle with hazard lights or head lights on are subject to the following enforcement actions: a. First infraction: Written notice to the company and warning issued to violator (driver). b. Second infraction: $250.00 fine. c. Third infraction: Withdraw vehicle's beach permit. (8) Qualified Beach Vendors who have obtained Qualified Beach Vendor Beach Vehicle permits Permitted vehicles are allowed access during the following times and dates: a. Approved times (Central Time) : 6:00 7:00 a.m. until 8:00 9:00 a.m., 5:00 4:00 p.m. until 7:00 6:00 p.m. b. Approved dates will be set up as follows. i. Last three days of February and fFirst three days of March. ii. Three Two days prior to the beginning of Spring Break as determined by the Tourist