ORDINANCE 20012002-0403
THIS ORDINANCE REPEALS ORDINANCE 97-0397-03 AND
SETS THE STANDARDS AND OPERATION POLICY FOR
ALL TOWN OF SHALIMAR PARKS AND PUBLIC FACILITIES; STATUTORY AUTHORITY; PURPOSE OF
ORDINANCE; DEFINITIONS; PENALTY; ENFORCEMENT; PARK
TOWN
PROPERTY; SANITATION; OPERATION OF VEHICLES AND TRAFFIC;
RECREATIONAL ACTIVITIES; MISCELLANEOUS REGULATIONS; MERCHANDISING,
ADVERTISING AND SIGNS; PARK OPERATING POLICY AND PERMITRESERVATIONS FOR
GROUP ACTIVITIES; AND AN EFFECTIVE DATE.
THE FOLLOWING RULES
AND REGULATIONS ARE ORDAINED BY THE SHALIMAR TOWN COMMISSION:
The
authority for enactment of this article ordinance is
F.S. Paragraph 166.021.
The
purpose of this article ordinance is
to establish procedures by which all Town Parks and public facilities are operated, and
set
standards of behavior within Parks, and which
will serve to enhance the health, safety
and welfare of the residents of the Town of Shalimar.
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.
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.
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.
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.
a) Ejectment - The Shalimar Police
shall have the authority to eject from the park any
person from
any Town park or facility 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.
1) Damage - - 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 Town
property or 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, facilitiesexisting natural resources
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.
32) Wild animals - Hunting or
molesting wild animals or birds - No person in the park shall
hunt, or 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.
3) Liability - All persons who enter upon Town property shall be
liable for any loss, damage, or injury sustained by any person by reason of negligence, or, by not exercising
normal and prudent caution in any activity.
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 rRefuse 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.
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.
52) 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:
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 8 -
RECREATIONAL ACTIVITIES
1) 1) Picnic
Area:
a.
Availability - No person shall violate the regulation that uUse 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 oOvernight
camping is
prohibited.,
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.
1) Children - Adult supervision is required at all
times of for children less than 12 years of age is required at all
times.
2) Equipment (such as horse- shoes,
shuffle boardshuffleboard)
- Equipment for games such as horse shoeshorseshoes
and shuffle boardshuffleboard has
mayto
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
facilitysuch
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 parkPet owners shall beare
responsible for the collection and proper disposal
of any all pet fecesfeces 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 or kept under the direct
voice command of the owner.
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 equipment provided
for such use.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 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.
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.
1) Hours - Except for unusual and unforeseen emergencies,
the parks and facilities
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
a
park or
facility may be declared closed to the public by the Town Administrative
Officials at any time, and for
any interval of time, and either temporarily or at regular and stated intervals. (daily
or otherwise), and either entirely or merely to certain uses,
as the Town Administrative Officials or her/his designee shall find reasonably
necessary.
3)
3) Permit Reservations for
group activities - A permitreservation shall may be
obtained from the tTown before
participating in a group activity composed of 10 or more persons, pursuant to
the following: to reserve certain park amenities and other
facilities.
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 Administrative Officials shall find reasonably
necessary to a fair determination as to whether a permit should be issued under
this subsection.
All applicantsPersons
desiring to obtain a permit reservation for exclusive use of any portion
of the parkfacility will may be required
to complete an
application and pay a deposit. of $40.00 at
the time of issuance, Deposits will beto be
refunded in the event the reserved park area is properly cleaned and undamaged.
b4) Standards for reservationsissuance
- The Town shall issue a permit reservation under this subsection when the
Town Administrative Officials or his/her designee finds that:
b-1a. ) The Proposed
proposed
activity or use of the park
will not unreasonably interfere with or detract from the general
public enjoyment of the parkfacility.
b-2)b. The proposed activity and use will not
unreasonably interfere with or detract from the promotion of public health,
welfare, safety and recreation.
b-3)c. The proposed activity or use is not
reasonably anticipated to incite violence, crime or disorderly conduct.
b-4d.) The
proposed activity will not entail unusual, extraordinary or burdensome expense
or police operation by the Town.
b-5)e. The facilities desired have not been
reserved for other use at the day and hour required in the application.
c5) Appeal of Denial - If a permit
reservation
is denied, within three days after receipt of an application, the
Town Administrative Officials or his/her designee shall apprise an applicant,
in writing, of the reasons for refusing a permitreservation. 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
Administrative Officials or his/her designee within 14 days. The decision of
the
the decision to the Mayor. 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 Administrative Officials shall have the authority to revoke a permit upon
a finding of violation of any rule or upon good cause shown.
First Reading:
First Reading:
Second Reading:
ATTEST:
Tina Smith, Deputy
Town Clerk
_______________________ ______________________
Tina Smith Gary
Combs, Mayor
Deputy Town Clerk