Parks and Recreation Department
Parks Ordinance: 2006-01
|TABLE OF CONTENTS||VIEW THIS FILE IN PDF FORMAT:|
Parks Ordinance 55KB pdf
|Section 4||Construction of playgrounds, parks, etc|
|Section 5||Liability of county|
|Section 6||Park hours|
|Section 7||Preservation of property|
|Section 8||Protection and Preservation of Wildlife|
|Section 9||Responsibility for actions; minor children|
|Section 10||Proper use and prohibited activities|
|Section 11||Disorderly conduct|
|Section 14||Traffic laws; prohibitions|
|Section 16||Bathing and swimming|
|Section 17||Boating, docks and boat ramps|
|Section 19||Picnic areas and use|
|Section 20||Hunting and weapons|
|Section 21||Firearms, fireworks, and explosives|
|Section 22||Skate Parks|
|Section 23||Horseback riding|
|Section 26||Pollution of waters|
|Section 27||Refuse and trash|
|Section 28||Merchandising, vending, and peddling|
|Section 29||Advertising, publicity and signs|
|Section 30||Resident personnel|
|Section 31||Enforcement of regulations|
|Section 33||Special Events Permit|
|Section 34||Repeal of Ordinance No|
|Section 36||Inclusion in the Code|
|Section 37||Effective date|
ORDINANCE NO.: 2006-01
AN ORDINANCE RELATING TO PARKS; PROVIDING FOR INTENT; DEFINITIONS; APPLICABILITY; COOPERATION WITH OTHER AGENCIES; ASSUMPTION OF RISK BY PARK USERS; ESTABLISHMENT OF PARK HOURS; AND RULES FOR PARK USE; PROHIBITING HARMING WILDLIFE IN PARKS; SETTING FORTH RESPONSIBILITY OF ADULTS FOR CHILDREN; PROHIBITING CERTAIN IMMORAL ACTIVITIES, DISORDERLY CONDUCT AND ALCOHOL; PROHIBITION OF EXCESSIVE NOISE AND IMPROPER VEHICLE USE AND PARKING; REGULATING SWIMMING, BATHING, USE OF BOAT RAMPS, FISHING, AND PICNIC FACILITIES; PROHIBITING FIREARMS, HUNTING AND FIREWORKS IN PARKS; REGULATING SKATE PARK USE AND HORSEBACK RIDING; PROHIBITING CAMPING AND PETS IN PARKS WITH EXCEPTIONS; PROHIBITING POLLUTION AND IMPROPER REFUSE DISPOSAL; PROHIBITING CERTAIN COMMERCIAL ACTIVITIES WITH EXCEPTIONS; PROVIDING EXCEPTIONS FROM GENERAL RULES FOR RESIDENT PARK OR LAW ENFORCEMENT PERSONNEL; AUTHORIZING ADDITIONAL RULES TO BE EFFECTIVE ON BOARD APPROVAL; PROVIDING PENALTIES FOR VIOLATIONS; SETTING FORTH STANDARDS AND PROCEDURES FOR SPECIAL EVENTS PERMITS; REPEALING ORDINANCE NO. 81-2; PROVIDING FOR SEVERABILITY AND INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF HERNANDO COUNTY, FLORIDA:
Section 1. Intent.
It is the intent of the Hernando County Board of County Commissioners in adopting this ordinance to effect a comprehensive revision of rules regulating county parks.
Section 2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Board means the Board of County Commissioners of Hernando County. County means Hernando County.
Department means the Hernando County Parks and Recreation Department. Director means the Hernando County Parks and Recreation Director or his or her designee.
Loud and raucous means any sound which because of its volume level, duration, and character, annoys, disturbs, injures, or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the limits of a county park. This term shall be limited to such sounds which are plainly audible within any county park from a location not less than 50 feet from the source of the noise, provided that the term shall not apply to amplified sound produced by equipment owned or controlled by the department or a park employee and being used for official park purposes.
Park employee means those individuals employed by the parks department who perform official duties within the parks.
Park roads means all surfaced areas ten feet wide or wider designated for vehicular traffic, and passing through any legally defined park or any part thereof. All other traffic ways, either unpaved or paved are classified as trails or paths.
Park supervisor means the person in charge of any park area and its activities and to whom all subordinate park personnel of that park are responsible.
Park waters means all water located within park boundaries, or managed by the department.
Parking area means any designated part of any park road, drive or special area contiguous thereto that may be set apart for the stationing of vehicles.
Parks means areas operated and maintained by the department including parks, trails, bridges, piers, boat ramps, beach accesses, playgrounds, fields, buildings, lakes, streams, canals, channels, waterways, water areas, submerged lands, shorelines and beaches therein and all public service facilities located on or in grounds, submerged lands, waters, buildings and structures which are under the control of or assigned for upkeep, maintenance or operation by the parks department.
Person shall be understood, as employed herein, to mean any individual regardless of age or sex, or any corporation, company, association, firm, partnership, club, society, or any association of persons, or any agent or employee thereof.
Pet means any living dumb creature, excluding feral and wild animals.
Special event means any public assembly, parade, picnic, or other similar event in which one or more of the following applies:
Exception is made as to any transportation service authorized by the director or an emergency vehicle while performing an emergency service. Vessel is synonymous with boat as referenced in s. 1(b), Art VII of the State Constitution
and includes every description of watercraft, barge, and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
Section 3. Scope.
All county property and facilities within or adjacent to parks shall be governed by this ordinance. This shall include but is not limited to county rights-of-way, parking lots, beaches, structures and equipment.
Neither the board nor the county shall be responsible for accidents, injuries or loss of property in parks by fire, theft, wind, flood or other natural acts which are beyond its control. Facilities provided and equipment furnished on the park grounds are solely for the public's convenience and use at their own risk.
( c) No person shall place, dump, abandon or leave any animal on park property.
Park visitors shall be responsible for any damage or violations of this ordinance or park rules that they or minor children under their care or supervision may cause. Children 12 years of age and younger shall not be left unattended in a park.
In addition to any penalty prescribed by and enforceable under state law or other provisions of this code, the commission of disorderly conduct within a park shall be a violation of this ordinance. Disorderly conduct shall be grounds for immediate ejection from park premises.
Unless specifically authorized in and limited to the duration of any special events permit authorized hereunder, the sale, possession or consumption of alcoholic beverages on any park property is prohibited. In addition to any other remedies under this article, any individual possessing or consuming alcoholic beverages shall be expelled from such park.
No person shall make or cause any unreasonably loud or raucous noise within any park property. Unless specifically authorized in and limited to the duration of any special events permit authorized hereunder, amplified speech or sound within a park is prohibited. This prohibition of amplified speech or sound shall not apply to department employees or approved concessionaires operating publicly owned or authorized amplification equipment at volumes reasonably calculated to be heard solely within park boundaries at designated special purpose parks where such amplified sound is considered a necessary or desirable part of the activities permitted at such parks. The director may allow amplified sound at designated skate parks provided such sound complies with the provisions of section 22(a)(8) of this ordinance.
Any defacement or damage of piers or of dock property must be repaired or corrected at the expense of the person or persons responsible for such defacement or damage.
conjunction with any other substance or compound may explode, discharge or burn, except with written approval by the county administrator.
skate park rules shall subject the violator to ejection from the park for the remainder of the day. A second violation within one seven-day week shall subject the violator to expulsion from from any skate park for a period of one seven-day week. A third violation within one calendar month shall subject the violator to permanent expulsion from any skate park. Any ejection or expulsion pursuant hereto shall constitute a warning that return to the premises during the period specified herein may be punishable as a trespass.
(a) Horseback riding is permitted only along trails or in areas specifically designated for such use. Horses shall be thoroughly broken, properly restrained, and ridden with due care. Horses shall not be allowed to graze or go unattended and must be on a lead at all times. Horses may only be hitched to hitching posts clearly identified for such use.
(a) No person shall set up tents, shacks or any other temporary shelters, or any special vehicle to be used, or that could be used for such purpose, such as a house-trailer, camp-trailer, camp-wagon, or the like, for the purpose of overnight camping except within such areas, if any, provided for such use; or as may be otherwise authorized in writing by the director in a special events permit.
Using the fountains, ponds, lakes, streams, bays, or any other bodies of water adjacent to or within the parks, or the tributaries, storm sewers or drains flowing into them as dumping places for any substance, including fuel, which will or may result in the pollution of said waters is prohibited.
(a) Unless specifically authorized in and limited to the duration of any special events permit authorized hereunder, no person, or organization other than the department or regularly licensed concessionaires acting by and under the authority of the county shall offer for sale, rent, or trade, any article, or station or place any stand, cart, or vehicle, for the transportation, sale or display of any article or merchandise within any park property.
Section 29. Advertising, publicity and signs.
It is hereby acknowledged that it is necessary for certain county personnel or law enforcement personnel to have their primary residences within the county parks boundaries as authorized by the board. Such personnel and their families and guests are exempted from the regulations and prohibitions stated herein, while said persons are within the boundaries of the primary residence as defined by the residential lease or residential license agreement between said personnel and the county. At all times, however, resident persons and their families and guests remain subject to all applicable state laws, other county ordinances, and the terms and conditions of the lease or license while within the residence.
Violation of any provision of this ordinance other than section 12 shall constitute a misdemeanor and shall be punished as provided in section 1-8 of this Code. Violators of section 12 of this ordinance shall be punished with a minimum sentence of a two hundred fifty-dollar ($250) fine.
a fully executed prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular park or part hereof;
Hernando County Ordinance No. 81-2 is hereby repealed.
It is declared to be the intent of the board of county commissioners that if any section, subsection, clause, sentence, phrase, or provision of this ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of the remaining portions of this ordinance.
It is the intention of the Board of County Commissioners of Hernando County, Florida, and it is hereby provided, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of Hernando County, Florida. To this end, any section or subsection of this Ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section, "article", or other appropriate designation.
This ordinance shall take effect immediately upon receipt of official acknowledgment from the office of the Secretary of State of Florida that this ordinance has been filed with said office.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF HERNANDO COUNTY in Regular Session this 24th day of January 2006.
BOARD OF COUNTY COMMISSIONERS HERNANDO COUNTY, FLORIDA
Attest: /s/ Karen Nicolai
By: /s/ Diane B. Rowden
DIANE B. ROWDEN