ORDINANCE 97-03
THIS ORDINANCE SETS THE STANDARDS AND
OPERATION FOR CHEROKEE PARK; STATUTORY
AUTHORITY; PURPOSE OF ORDINANCE; DEFINITIONS;
PENALTY; ENFORCEMENT; PARK PROPERTY; SANITATION;
OPERATION OF VEHICLES AND TRAFFIC; RECREATIONAL
ACTIVITIES; MISCELLANEOUS REGULATIONS; MERCHANDISING,
ADVERTISING AND SIGNS; PARK
OPERATING POLICY AND PERMIT FOR GROUP ACTIVITIES;
ALCOHOLIC BEVERAGES; AND AN EFFECTIVE DATE.
THE FOLLOWING RULES AND REGULATIONS ARE ORDAINED BY THE SHALIMAR TOWN
COMMISSION:
Section 1 - STATUTORY AUTHORITY
The authority for enactment of this article is F.S. Paragraph 166.021.
Section 2 - PURPOSE OF ARTICLE
The purpose of this article is to establish procedures by which Cherokee
Park is operated, and standards ofbehavior within the Park, which will
serve to enhance the health, safety and welfare of the residents of the
Town of Shalimar.
Section 3 - DEFINITIONS
The Following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning. Words not
defined shall be given their common and ordinary meaning.
Alcoholic Beverages - means distilled spirits, wines, malt beverages,
and all beverages containing one-half of one percent or more of alcohol by
volume.
Beer - means all brewed beverages containing malt.
Camping - means sleeping or resting in an attitude of sleep in
the nighttime, or purporting to reside, even temporarily, in any park area,
or sitting or standing about during times when the park is closed.
Park - means Cherokee Park.
Vehicle - means any wheeled conveyance, whether motor-powered,
animal-drawn or self-propelled. The term shall include any trailer in
tow of any size, kind or description. Exception is made for baby carriages,
wheelchairs and vehicles in the service of the park.
Section 4 - PENALTY
Any person violating the provisions of this Ordinance is guilty
of an offense, and shall be punished in accordance with Chapter 1,
General Provision, Section 1-14 of Code of Ordinances, Town of Shalimar.
Each day any violation of any provision of this Ordinance continues shall
constitute a separate offense.
Section 5 - ENFORCEMENT OF ARTICLE
a) Ejectment - The Shalimar Police shall have the authority to eject from
the park any person acting in violation of this Ordinance.
b) Seizure of property - Shalimar Police shall have the
authority to seize and confiscate any property, thing or device in the
park used in violation of this Ordinance.
Section 6 - PARK PROPERTY
1) Buildings and other property:
a. Disfiguration or removal - No person in the park shall willfully mark,
deface, disfigure, injure, tamper with, or displace or remove any buildings,
tables, benches, fireplaces, railings, paving or paving materials, water lines
or other public utilities or parts or appurtenances thereof, signs, notices or
placards, whether temporary or permanent, monuments, stakes, posts or other
boundary markers, fences, gates or other structures, or equipment,
facilities or park property or appurtenances whatsoever, either real or
personal.
b. Removal of natural resources - No person in the park shall dig or remove
any soil, stones, trees, shrubs or plants, down timber or other wood or
materials, or make any excavation by tool, equipment, blasting, or other
means or agency.
c. Erection of structures - No person in the park shall construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued under this article.
2) Trees, shrubbery and lawns:
a. Injury or removal - No person shall damage, cut, carve, transplant or
remove any tree or plant or injure the bark, or pick the flowers or seeds
of any tree or plant. No person shall attach any rope, wire or other
contrivance to any tree or plant. A person shall not dig in or otherwise
disturb grass areas, or in any other way injure or impair the natural beauty
or usefulness of any area.
b. Climbing trees; standing or sitting on fences etc - No person in the
park shall climb any tree or wall, or stand or sit upon monuments, vases,
fountains, railings, fences or gates, or upon any other property not designated
or customarily used for such purposes.
c. Hitching of animals - No person in the park shall tie or hitch a horse or
other animal to any tree or plant.
3) Hunting or molesting wild animals or birds - No person in the park shall
hunt, molest, harm, frighten, kill, trap, chase,
tease, shoot or throw missiles at any animal or bird;
nor shall any person
remove or have in his possession the
young of any wild animal, or the eggs or nest of any bird.
Exception to this subsection is made in that snakes known to be
deadly poisonous, such as rattlesnakes, moccasins or coral snakes,
may be killed on sight.
Section 7 - SANITATION
No person in the park shall have brought in or dump, deposit or leave
any bottles, broken glass, ashes, paper, boxes, cans, dirt rubbish, waste,
garbage or refuse, or other trash. No such refuse or trash shall be placed
anywhere in the park, but shall be placed in the proper receptacles where
these are provided. Where receptacles are not so provided, all such rubbish
or waste shall be carried away from the park by the person responsible for
its presence, and properly disposed of elsewhere.
Section 8 - OPERATION OF VEHICLES AND TRAFFIC
1) Motor Vehicles generally - No person shall operate any motor vehicle in the
park except where designated or posted for motor vehicle traffic or
parking. This subsection shall not apply to public safety or emergency
vehicles being operated in the line of duty.
2) Compliance with state motor vehicle laws - No person shall fail to comply
with all applicable provisions of the state motor vehicle traffic laws in
regard to equipment and operation of vehicles, together with such regulations
as are contained in this Ordinance.
3) Obedience to enforcement officers - No person shall fail to obey all
traffic officers, or persons being hereby authorized and instructed to
direct traffic whenever and wherever needed in the park and on the highways,
streets or roads immediately adjacent thereto in accordance with the provisions
of this Ordinance.
4) Obedience to traffic signs - No person shall fail to observe carefully
all traffic signs indicating speed, direction, caution, stopping or parking,
and all others posted for proper control and to safeguard life and property.
5) Speed of vehicles - No person in the park shall ride or drive a vehicle
at a rate of speed exceeding 5 miles an hour.
6) Operation restricted to designated areas - No person in the park shall
drive any vehicle on any area except the paved park roads or parking areas,
or such other areas as may on occasion be specifically designated as temporary
parking areas by the town.
7) Parking:
a. Restricted to designated areas - No person shall park a vehicle in other
than an established or designated parking area within the park or on
streets or roads within 100 feet of the entrance of the park, and such
use shall be in accordance with the posted directions thereat and with the
instructions of any town-designated attendant who may be present.
b. Double Parking - No person shall double park any vehicle on any road
or parkway unless directed by a town official.
8) Bicycles:
a. Riding restricted to designated areas - No person shall ride a bicycle on
other than a paved vehicular road or path designated for that purpose.
A bicyclist shall be permitted to wheel or push a bicycle by hand over any
grassy area or wooded trail or on any paved area reserved for
pedestrian use.
b. Operation - No person shall ride a bicycle other than on the
right-hand side of the road paving as close as conditions permit, and
bicycles shall be kept in single file when two or more are operating
as a group. Bicyclists shall at all times operate their machines with
reasonable regard to the safety of others, signal all turns, pass to
the right of any vehicle they are overtaking, and pass to the right of
any vehicle they may be meeting.
c. Use of bicycle racks - No person shall leave a bicycle in a place
other than a bicycle rack when such is provided and there is a
space available.
d. Parking on ground, against trees, etc. - No person shall leave a
bicycle lying on the ground or paving, or set against trees, or in any
place or position where other persons may trip over or be injured by them.
Section 9 - RECREATIONAL ACTIVITIES
1) Picnic Area:
a. Availability - No person shall violate the regulation that use of the
individual gazebos or pavilions, together with tables and benches, follows
generally the rule of "first come, first served."
b. Duties of picnickers - No person shall leave a picnic area before
the fire is completely extinguished and before all trash in the nature of
boxes, papers, cans, bottles, garbage and other refuse is placed in the
disposal receptacles, where provided. If no such trash receptacles are
available, then refuse and trash shall be carried away from the park
area by the picnicker to be properly disposed of elsewhere.
2) Camping - No person shall set up tents, shacks or any other temporary
shelter for the purpose of overnight camping, nor shall any person
leave in a park after closing hours any movable structure or
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.
3) Games - No person shall take part or abet the playing of any games
involving thrown or otherwise propelled objects such as stones, arrows,
javelins or model airplanes.
Section 10 - MISCELLANEOUS REGULATIONS
1) Children - Adult supervision of children is required at all times.
2) Equipment (such as horse shoes, shuffle board) - Equipment for games
such as horse shoes and shuffle board has to be picked up at Shalimar
Town Hall for a deposit.
3) Fireworks and explosives - No person in the park shall have brought, or
have in his possession, or set off or otherwise cause to explode or
discharge or burn, any firecrackers, torpedoes, rockets, or other
fireworks or explosives of inflammable materials, or discharge them or
throw them into any such area from any land or road adjacent thereto.
This prohibition includes any substance, compound, mixture or article
that in conjunction with any other substance or compound would be
dangerous from any of these standpoints.
4) Domestic Animals - No person in the park shall be responsible for the
entry of a dog or other domestic animal into areas other than automobile
parking concourses and walks immediately adjacent thereto, and in such
other areas as may be clearly marked by signs bearing the
words " Domestic Animals Permitted in this Area." Any person
bringing a domestic animal into the park shall be responsible for
the collection and proper disposal of any feces defecated by such
animal while in the park. Nothing in this section shall be construed
as permitting the running of dogs at large. All dogs in those areas
where such animals are permitted shall be restrained at all times on
adequate leashes not greater than six feet in length. This section
shall not apply to any dog trained to aid disabled or handicapped
persons, when any such dog is actually being used to assist any
such person.
5) Fires - No person in the park shall build or attempt to build a
fire or ignite or light any gas substance or other material, except in
such areas designated for fires. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes or cigars, tobacco paper or
other inflammable material within any park area or on any road or
street abutting or contiguous thereto.
6) Entering closed areas - No person shall enter an area
posted as "Closed to the Public," nor shall any person use or abet
the use of any area in violation of posted notices.
7) Loitering and boisterousness - No person in the park shall sleep or
lounge on the seats or benches, or other areas, or engage in loud,
boisterous, threatening, abusive, insulting or indecent language,
or engage in any disorderly conduct or behavior tending to a breach
of the public peace.
8) Interference with permittees - No person shall disturb or interfere
unreasonably with any person or party occupying any area, or
participating in any activity, under the authority of a permit.
9) Possession or use of glass or ceramic containers - No person shall
possess or use any glass or ceramic container in the park.
Section 11 - MERCHANDISING, ADVERTISING AND SIGNS
1) Vending and peddling - No person shall solicit for any purpose,
expose or offer for sale any article or thing, nor shall he station
or place any stand, cart or vehicle for the transportation, sale or
display of any such article or thing. Exception is made as to any
regularly licensed concessionaire acting by and under the authority
and regulation of the town.
2) Signs - No person shall paste, glue, tack or otherwise post
any sign, placard, advertisement of inscription whatsoever, nor
shall any person erect or cause to be erected any sign whatsoever
in the park or on any public lands or roads adjacent to the park.
Section 12 - PARK OPERATING POLICY; PERMIT FOR GROUP ACTIVITIES
1) Hours - Except for unusual and unforeseen emergencies, the park shall
be open to the public every day of the year from sunup to sundown or
as otherwise designated by the Town Commission.
2) Closed areas - Any section or part of the park may be declared
closed to the public by the Town Clerk at any time and for any
interval of time, either temporarily or at regular and stated
intervals (daily or otherwise), and either entirely or merely to
certain uses, as the Town Clerk or her/his designee shall find reasonably
necessary.
3) Permit for group activities - A permit shall be obtained from the
town before participating in a group activity composed of 10 or more
persons, pursuant to the following:
a) Application fee - A person seeking issuance of a permit under
this subsection shall file an application with the Town. The application
shall state:
a-1) Name and address of the applicant
a-2) Name and address of the person, corporation or association
sponsoring the activity, if any.
a-3) The day and hours for which the permit is desired.
a-4) The portion of the park for which the permit is desired.
a-5) An estimate of the anticipated attendance.
a-6) Any other information which the Town Clerk shall find reasonably
necessary to a fair determination as to whether a permit should be
issued under this subsection.
All applicants desiring to obtain a permit for exclusive use of any
portion of the park will be required to pay a deposit of $40.00 at the
time of issuance, to be refunded in the event the park is cleaned.
b) Standards for issuance - The Town shall issue a permit under this
subsection when the Town Clerk or his/her designee finds that:
b-1) The Proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the park.
b-2) The proposed activity and use will not unreasonably interfere with
or detract from the promotion of public health, welfare, safety and
recreation.
b-3) The proposed activity or use is not reasonably anticipated to incite
violence, crime or disorderly conduct.
b-4) The proposed activity will not entail unusual, extraordinary or burdensome
expense or police operation by the Town.
b-5) The facilities desired have not been reserved for other use at the
day and hour required in the application.
c) Appeal of Denial - If a permit is denied, within three days after
receipt of an application, the Town Clerk or his/her designee shall apprise
an applicant, in writing, of the reasons for refusing a permit. Any
aggrieved person shall have the right to appeal, in writing, within
three days, to the Town Commission, which shall consider the application
under the standards set forth in subsection b of this subsection,
and sustain or overrule the decision of the Town Clerk or his/her designee
within 14 days. The decision of the Commission shall be final.
d) Effect of permit - A permittee shall be bound by all park rules and
regulations and all applicable ordinances fully, as though such rules,
regulations and ordinances were inserted in the permit.
e) Liability of permittee - The person to whom a permit is issued
shall be liable for any loss, damage or injury sustained by any person
whatever by reason of the negligence of the person to whom such permit
shall have been issued.
f) Revocation - The Town Clerk shall have the authority to revoke a
permit upon a finding of violation of any rule or upon good cause shown.
Section 13 - ALCOHOLIC BEVERAGES
1) No person in the park shall have brought or possess alcoholic
beverages, nor shall any person consume alcoholic beverages at any time.
2) No person in the park shall have entered or be under the influence
of alcoholic beverages.
First Reading: Feb 11, 1997
Second Reading: Mar 11, 1997
ATTEST:
Jean Wilkinson, Town Clerk
Signed this 11th Day of March 1997
Mayor Harry V. Montague