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

Development Department. iii. Three Two days prior to Memorial Day. iv. July 1st, and 2nd, and 3rd. v. Thursday, Friday, and Saturday of the third week of August. vi. Three days prior to Labor Day. vii. Thursday, Friday, and Saturday of the last week of October. Okaloosa County, Florida, Code of Ordinances Page 12 of 22  CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS viii. The first week of November. ix. Other dates as approved by Okaloosa County (ex: inclement weather, etc.) (9) Vehicles must be clean (free of any materials not meeting the requirements of land development code, section 6.02.04, discoloring material prohibition) and in proper running order so as not to leak any fluids such as grease, oil, transmission fluid, antifreeze, etc., at any time. Improperly operating vehicles used by the qualified beach vendor 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. (10) The fee to obtain a Qualified Beach Vendor Beach Vehicle Permit vehicular authorization for beach access is $500.00 per calendar year per vehicle. Vendors are limited to two authorized vehicles. The vehicle(s) must be designated on the qualified beach vendor application. (11) Transfer of vehicle permit for beach access shall be limited to vehicles owned by the same person or entity. Tag number and copy of the registration of affected vehicles will be provided to the pPublic wWorks wParks resources Division prior to vehicle use on the beach. At no time will there be more than two permitted vehicles per qualified beach vendor. (12) Nonpermitted vehicles other than official vehicles used by sheriff's deputies and cCounty employees used for official business shall not be operated on the beach. (13) Turtle nesting season is designated from May 1 through October 31 each year. All vehicles and activities operating on the beaches will steer clear of all marked turtle nesting sites; any adult turtle accessing the beach for the purpose of nesting; or hatchling turtle emerging from a nest site and migrating to the water’s edge. Per State Statue Title XXVIII Chapter 370.12 (1) Protection of Marine Turtles, it is a third degree felony for ‘Any person…that illegally takes, disturbs, mutilates, destroys, causes to be destroyed,…molests, or harasses any marine turtle species, or the eggs or nest of any marine turtle species….’. (Ord. No. 08-06, § 5, 3-18-08) Sec. 16-46. - Aircraft. (a) No person operating, directing, or responsible for any airplane, seaplane, parasail, helicopter, glider, balloon, dirigible, parachute, ultralight, or other aerial apparatus shall take off from or land at any cCounty park, beach or recreational area except for emergency aircraft, e.g., medical emergency helicopters. (Ord. No. 08-06, § 6, 3-18-08) Okaloosa County, Florida, Code of Ordinances Page 13 of 22  CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS Sec. 16-47. - Temporary use for special events. (a) Policy and objective. This section is intended to ensure broad usage by allowing temporary uses of any cCounty park, beach or recreational area for purposes which otherwise would be prohibited. These special uses would be allowed by a permit that waives certain restrictions under specific conditions which still protect the public health, safety, and welfare. The permitting process is intended to provide a convenient procedure to be followed by beach users. Any temporary use permits will be issued by the bBoard of cCounty cCommissioners or their designee. Fees for these temporary use permits will be established by resolution by the bBoard of cCounty cCommissioners. Use of electricity and/or water is not granted unless approved. If use is approved additional charges may apply. (b) Procedure. (1) All requests shall be in writing stating reason, location, time, point of contact and the sponsor. Request must be presented to Public Works staff 60 days prior to the event. Request will be reviewed by pPublic wWorks, pPublic sSafety, growth management, water and sewer, sSheriff's office and the request will be approved by the Okaloosa County Board of County Commissioners. (2) Permits will only be issued after approved by the bBoard of cCounty cCommissioners at a regularly scheduled meeting. (3) All organizations submitting applications for permits pursuant hereto shall be required to furnish the cCounty proof of liability insurance in the minimum amounts of $500,000.00 per person and $1,000,000.00 per occurrence, naming the Okaloosa County bBoard of cCounty cCommissioners and Okaloosa Sheriff as additional insureds on the policy, insuring for any damages that may be sustained as the result of the activity. (4) All organizations submitting applications for permits shall be required to execute a hold harmless agreement indemnifying the cCounty and sheriff's office for any loss suffered as the result of the activity. (5) All events will pay a daily use fee and appropriate security deposit. These fees are due in advance of proposed activity. (Ord. No. 08-06, § 7, 3-18-08) Sec. 16-48. - Commercial activity on public lands. (a) Permit, lease, etc., required. No person, firm, corporation, joint venture, partnership, or other legal entity shall directly or indirectly sell, rent, advertise, or promote property, real or personal, or conduct directly or indirectly any commercial activity of any nature or kind, including but not limited to the passing out of literature on or from any public land, public right-of-way, or public recreational area in the cCounty without a permit, lease, contract, franchise, or qualified beach vendor certificate duly issued or executed by the governing body of the cCounty. (b) Preservation of public health, safety, etc. No permit, lease, contract, or franchise shall hereafter be issued for the commercial activities prohibited by this section unless the bBoard of cCounty cCommissioners makes a specific finding that the proposed activity will serve a public need and promote the public health, safety, or welfare. (c) Vendor eligibility. The minimum qualifications required to become a qualified beach vendor or public recreation area vendor are as follows: Okaloosa County, Florida, Code of Ordinances Page 14 of 22  CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS (1) The vendor or business shall demonstrate that a valid occupational license business tax receipt from the Okaloosa County Tax Collector’s office or State of Florida has been obtained as required. by the State of Florida and/or Okaloosa County. (2) Vendor shall demonstrate procurement of adequate insurance(s) as specified by the Okaloosa County Risk Management Department Director. (3) Permits from appropriate local, state, and federal agencies shall be provided by the vendor as required. (d) Application for permit lease, etc. All applications for a permit, lease, contract, or franchise shall be filed in duplicate with the bBoard of cCounty cCommissioners through the Okaloosa County Public Works Parks Division for consideration in accordance with paragraph (b), and shall include: (1) The name, address, age, and business affiliation of the applicant; and (2) A thorough description of the nature of the proposed activity; and (3) A statement as to why and how the proposed activity will promote the public health, safety, morals, or welfare; and (4) A statement as to why and how the proposed activity will not have an adverse environmental impact on the public area involved; and (5) A statement as to why and how the proposed activity will not annoy, harass, intimidate or interfere with the public and their enjoyment of the area involved; and (6) A statement as to how the applicant intends to protect the cCounty from liability for the proposed activity. (e) Consideration of application. The bBoard of cCounty cCommissioners shall consider the application as submitted and may grant or reject the same, or advertise for bids in accordance with such additional terms and conditions deemed necessary to protect the public interest. (f) Application for qualified beach vendor certificate and/or public recreation area vendor. All applications for a qualified beach vendor certificate and/or public recreation area vendor shall be filed in duplicate with the bBoard of cCounty cCommissioners through the Okaloosa County Public Works Parks Division for consideration in accordance with subsection (b) [of this section], and shall include all of the following: (1) $500.00 nonrefundable application fee; (2) Application review period is 30 working days; (32) The name, address, and business affiliation of the applicant; (43) A thorough description of the nature of the proposed activity; (54) A statement as to why and how the proposed activity will serve a public need and promote the public health, safety, or welfare; (65) A statement as to why and how the proposed activity will not have an adverse environmental impact on the public area involved; Okaloosa County, Florida, Code of Ordinances Page 15 of 22  CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS (76) A statement as to why and how the proposed activity will not annoy, harass, intimidate or interfere with the public and their enjoyment of the area involved; (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