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HomeMy WebLinkAboutItem #16 Ordinance Repealing and Replacing Article I of Chapter 124 Governing Parks & Recbe tenter of Good Live AGENDA ITEM COVER SHEET Meeting Date: February 19, 2013 Item # I Reviewed By: Contact Name: Jeffrey Hayes Department Director: Contact Number: 407 - 905 -3180 City Manager: Subject: Ordinance repealing and replacing Article I of Chapter 124 of the Code of Ordinances of the City of Ocoee governing parks and recreation areas — First Reading. Background Summary: City staff completed a review of the current City Code of Ordinance, Chapter 124 — Parks and Recreation Areas and is recommending that Article I — General Provisions of Chapter 124 be repealed and replaced. Staff is recommending a comprehensive set of regulations for the City of Ocoee's parks and recreational facilities to help ensure the public's enjoyment of its parks, and strengthen the City's ability to enforce the rules and regulations that protect both the residents and the City's interest. The current Article I of Chapter 124 - Parks and Recreation Areas was originally adopted by the City Commission of the City of Ocoee as Chapter 16 of the 1977 Code of Ordinances; and later amended in its entirety on June 17, 1997 by Ordinance No. 97 -13. Chapter 124 was subsequently amended to create ARTICLE II - Smoking Prohibited in Portions of Recreational Property on April 7, 2009 by Ordinance No. 2009- 111. Parks and Recreation staff have engaged with legal staff to pursue change within the ordinance that reflect changes in state law; have engaged with senior law enforcement staff to pursue change that will assist in the enforcement of laws and regulations; have pursued change to improve business practices for parks and recreation operations; and other changes as recommend by the Parks and Recreation Advisory Board for the use and enjoyment of City managed assets and programs. A short list of rules and regulations proposed in this ordinance revision include: 1.) Hours of Operations. This ordinance will establish new hours for several neighborhood parks from 7:00 am. to 9:00 pm. These parks include: Forest Oaks Park, Freedom Park, Jamela Street Park, Palm Park, Palm Drive Park, Parkside /Coventry Park, Prairie Lake Park, Russell Drive Park, and Silver Glen Park; previously these parks remained open until 11:00 pm. All other parks including: Bill Breeze Park, Central Park, Jim Beech Complex, Municipal Lakefront Park, Sorenson Fields, Tiger Minor Park, and Vignetti Park will remain open until 11:00 pm. 2.) Regulations for Parks, Recreational Facilities and Community Facilities. This ordinance will prohibit or control the following: possessing and consuming alcohol in parks, with exceptions; camping in parks; creating disturbing noise, damaging or removing plants; damaging property; endangering the public; possessing glass bottles; harming wildlife; improperly igniting fires; improperly using parks and recreation facilities; interfering with the use of the park by others; improperly using park structures, equipment, and furnishings; launching or operating aircraft, radio - controlled model airplanes; possessing or discharging explosives; improperly operating skateboards, rollerblades, roller skates, bicycles in a park; unauthorized parking or operating of vehicles in a park or recreational facilities. 3.) Establishes the formal procedures for requesting and securing the exclusive use of parks, recreational facilities and community facilities. Issue: City staff completed a review of the current City Code of Ordinance, Chapter 124 — Parks and Recreation Areas and is recommending that Article I — General Provisions of Chapter 124 be repealed and replaced. Staff is recommending a comprehensive set of regulations for the City of Ocoee's parks and recreational facilities to help ensure the public's enjoyment of its parks, and strengthen the City's ability to enforce the rules and regulations that protect both the residents and the City's interest. Should the Honorable Mayor and City Commission approve a complete replacement of Article 1 — General Provisions of Chapter 124 — Parks and Recreation Areas of the Code of Ordinance for the City of Ocoee and replace it with the proposed ordinance to modify Article 1 — General Provisions of Chapter 124 — Parks and Recreation Areas of the Code of Ordinance for the City of Ocoee. Recommendations The Parks and Recreation Department recommends that the Honorable Mayor and City Commission approve a complete replacement of Article 1 — General Provisions of Chapter 124 — Parks and Recreation Areas of the Code of Ordinance for the City of Ocoee and replace it with the proposed ordinance to modify Article 1 — General Provisions of Chapter 124 — Parks and Recreation Areas of the Code of Ordinance for the City of Ocoee. The first reading of the ordinance to modify Article I of Chapter 124 is proposed for the February 1 g th City Commission meeting. The second reading would occur at a future City Commission meeting in March. Attachments: Proposed Ordinance modifying Article -I of Chapter 124 of the Code of Ordinances of the City of Ocoee. Exhibit — "A ", Revised Article I — General Provisions of Chapter 124 — Parks, Recreation and Other Community Facilities. Current Article -I General Provisions, Chapter 124 of the Code of Ordinances. Financial Impact: Upon adoption, staff will begin assessing the need to re -print various forms, update various public media sites, and add /remove /modify signage to effectively communicate the ordinance impacts. Staff will utilize the existing budget funds to purchase required materials. Type of Item: (please mark with an x') Public Hearing Ordinance First Reading For Clerk's Dept Use: Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A 2 ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REPEALING AND RESTATING ARTICLE I OF CHAPTER 124 OF THE CODE OF ORINANCES OF THE CITY OF OCOEE; REPEALING CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida (the "City Commission ") desires to provide a safe and enjoyable atmosphere for the uses of City parks, recreational facilities and community facilities; and WHEREAS, the City Commission of the City of Ocoee desires to repeal and restate Article I of Chapter 124 of the Code of Ordinances to provide for additional rules and regulations for the proper control, management and use of City parks, recreational facilities and community facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Amendment of Article I of Chapter 124. Article I of Chapter 124 of the Code of Ordinances of the City of Ocoee is hereby repealed and replaced in its entirety as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. SECTION 3. Severability If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Codification It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5. Effective Date This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2013. APPROVED: ATTEST: Beth Eikenberry, City Clerk CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2013 READ FIRST TIME , 2013 READ SECOND TIME AND ADOPTED ,2013 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of 9 2013. SHUFFIELD, LOWMAN & WILSON By: City Attorney EXHIBIT — "A" CHAPTER 124 - PARKS, RECREATION AND OTHER COMMUNITY FACILITIES ARTICLE I — General Provisions §124 -1. Purpose and Objectives. §124 -2. Applicability. §124 -3. Opportunities for Use of Public Parks and Facilities. §124 -4. Definitions. §124 -5. Parental Responsibility. §124 -6. Rules for Use of City Parks and Facilities. §124 -7. Use Permits — General Provisions. §124 -8. Uses Permits — Parks. §124 -9. Use Permits — Recreation Facilities and Community Facilities. §124 -10. Fees for Reserved Use of City Parks and Facilities. §124 -11. Promulgation of Rules. §124 -12. Enforcement. §124 -13. Violations. §124 -1 Purpose and Objectives. A. In order to promote public health, safety and welfare of the citizens of the city, a parks and recreation ordinance is hereby enacted for the general purpose of assuring the proper balance between the use of park, cultural and recreational facilities and the preservation of such facilities and law and order. B. The intent of this article is to maintain the quality of outdoor and indoor cultural, recreational and other community resources by establishing rules and regulations governing the use of such parks and facilities; and to reduce property damage and closure of public parks and facilities due to vandalism and to minimize the hazards of personal injury and loss of life. §124-2. Applicability. A. Unless stated otherwise herein, this article shall apply in all city parks and recreation areas and in all cultural, recreational and other Community Facilities which now are or which may hereafter be under the jurisdiction and control of the City of Ocoee, and shall include all grounds, roadways, parks, athletic fields, buildings, and other areas used by the city for cultural, recreational or other community purposes. These provisions shall govern the use of all such areas and facilities, and the observance of these provisions shall be a condition under which they may be used by the public. Certain provisions of this article shall further be applicable outside city parks and recreation areas where the context indicates an intention that they also be applied. B. The provisions of this article shall not apply to any public officer, employee or peace officer who is acting in the course of and within the scope of the public business, nor to any other person conducting public business or related activities for, on behalf of, and pursuant to lawful authority of an appropriate public entity. §124-3. Opportunities for Use of Public Parks and Facilities. Any and all individuals using city parks and facilities pursuant to the rules and regulations of this article shall be provided equal opportunity for use of any park, facility and program offered therein without regard to physical limitation, age, sex, race, color, national origin, religion, political beliefs or sexual orientation. §124 -4. Definitions. For the purposes of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. A. Alcoholic beverage means distilled spirits and all beverages containing one -half of one (0.5) per cent or more alcohol by volume, including beer and wine. Medicines or drugs dispensed pursuant to a physician's prescription are excluded. B. Amplified sound and /or sound - emanating equipment means music, sound wave, vibration or speech projected or transmitted by electronic equipment, including, but not limited to, public address systems, amplifiers, horns and megaphones. C. Animal means any cat, dog, horse, fowl and living creature other than a human. D. Applicant means any person seeking a permit to use or conduct an activity in a park, Recreation Facility or Community Facility. E. At large means any animal not under restraint while off the premises of the owner. F. City means the City of Ocoee. G. City Commission means the governing body of the City of Ocoee. H. City Manager means the chief administrative officer of the City of Ocoee or his/her designee. I. Community Facility means a building owned, leased or otherwise controlled by the City which is open to the public for reserved use. J. Director means the Parks and Recreation Director. K. Domestic animal. Any animal not deemed to be a wild or exotic animal pursuant to Florida Game and Freshwater Fish Commission regulations. L. Facility means any Park, Recreation Facility or Community Facility owned, operated and maintained by the City for public use. M. Gambling means whoever plays or engages in any game at cards, keno roulette, faro or other game of chance, at any place, by any device whatever, for money or other things of value. N. Hearing Board means the Ocoee Violations Hearing Board. 2 O. Park means all real properties owned or controlled by the City and designated as a park, regardless of the extent of development or official designation, which serve as picnic grounds, recreation areas, nature areas and/or public fishing waters. Use of the term "Park" in this Article generally refers to those parks which are not used for organized scheduled activities. Park facilities include, but are not limited to, open space play areas, picnic shelters or pavilions, park benches, bike trails, fishing piers, boat ramps, restrooms, etc. The term "Park" also refers to urban open spaces, such as but not limited to the City Hall Complex and Withers - Maguire House, which are maintained for public use. P. Permit means any written license issued by or under the authority of the City Manager, the Parks and Recreation Director, or the City Commission permitting a use, event or activity in a Park, Recreation Facility, or Community Facility. Q. Person means any individual, child, firm, association, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, and all other groups or combinations. R. Recreation Facility means a building, structure, field, court, or area of a Park which has organized recreational activities for teams and individuals or which provides active facility sites for non - organized leisure play. Recreation Facilities include, but are not limited to, ballfields, tennis courts, basketball courts, playgrounds and the Jim Beech Recreation Center. S. Recurring use means repeated use of a specific facility on a regularly scheduled basis (i.e., leagues, organized play, monthly meetings, etc.). T. Reserved use means exclusive, permitted use for one or more occasions. U. Resident means a person or the minor children of the person who owns or leases real property within the city limits or who maintains either a voting residence or bona fide occupancy within the city limits. V. Service animal means any animal such as a seeing -eye dog or hearing -ear dog used to assist a person with a disability or an animal trained for law enforcement purposes and under the control of a law enforcement officer. W. Special Event means an event that takes place on public property which, because of its scope and impact on surrounding areas and the potential need for provision of extra services by the City, requires a permit in accordance with Chapter 146 of the Code of Ordinances. Special events include, but are not limited to, circuses, carnivals, festivals, parades, and filming for commercial purposes. Events requiring the closure of a public street shall require the approval of the City Commission. The location of a circus, carnival or other similar special event shall require the approval of the City Manager. X. Vehicle means every device in, upon or by which any person or property may be transported or drawn upon a highway, excepting devices used exclusively upon station rails or tracks. N §124 -5. Parental Responsibility. No parent, guardian or custodian of a minor shall permit or allow such minor to do any act or thing in any Park, Recreation Facility or Community Facility prohibited by the provisions of this Article. Parents, guardians and custodians of minors shall also be held responsible for the acts of said minors. §124 -6. Rules for Use of City Parks and Facilities. A. Hours of use - -Parks and outdoor Recreation Facilities. (1.) It shall be unlawful to congregate in or use any of the following Parks after 11:00 p.m. and before 7:00 a.m.: Bill Breeze Park, Central Park, Jim Beech Complex, Municipal Lakefront Park, Sorenson Fields, Tiger Minor Park, Vignetti Park. The following are exceptions to the foregoing. (a.) Those organized recreational or cultural activities sponsored by the City or where the organizer has obtained a permit for use of the Park beyond 11:00 p.m. A permit for the use of a Park beyond 11:00 p.m. may be issued to the organizer of a cultural or recreational activity by the City Manager or his/her designee. (b.) Any Park or outdoor Recreation Facility where a sign is posted that specifies closing hours other than those specified in paragraph (1.). Nothing provided herein shall prohibit a person from launching or loading a boat at the boat ramp or fishing from the fishing pier at the Municipal Lakefront Park at any hour of the day or night. (2.) It shall be unlawful to congregate in or use any of the following Parks or outdoor Recreation Facilities after 9:00 p.m. and before 7:00 a.m.:Forest Oaks Park, Freedom Park, Jamela Street Park, Palm Park, Palm Drive Park, Parkside /Coventry Park, Prairie Lake Park, Russell Drive Park, and Silver Glen Park. (3.) It shall be unlawful to congregate on or use any trail designated by the City after sunset and before sunrise. (4.) The Director or his/her designee shall be authorized to close or alter, on a temporary basis, the hours of operation for any Park, trail, or Recreation Facility if, in the Director's discretion, said closure or alteration is in the best interest of the public health, safety and welfare and upon the erection of appropriate signs giving notice thereof. (5.) Except for unusual and unforeseen emergencies, Parks and outdoor Recreation Facilities shall be open to the public every day of the year during designated hours. (6.) The Director or his/her designee may prohibit certain uses in any Park or Recreation Facility for the time necessary to remedy any unforeseen circumstances, effect repairs, or provide maintenance. No person in a Park or Recreation Facility shall enter an area posted as being S closed to the public without the permission of the Director or his/her designee. (7.) Permit for special night (or other off - hours) use of any Park or Recreation Facility may be granted to any person if the proper application and permit criteria have been met and authorized by the City Manager. (8.) The City Manager or his/her designee may close any Park, Recreation Facility or Community Facility when such an area or facility needs to be reconstructed, renovated, refurbished, repaired or maintained, or the area or facility needs to be closed because of a hazardous condition that poses potential danger to citizens or City employees. B. Prohibited acts in City Parks and Facilities. It shall be unlawful for any person using city Parks and Facilities to either perform or allow the performance of any of the following acts, unless such activity is authorized, permitted or supervised by the City: (1.) Alcoholic beverages. Except as provided in Chapter 38, Article II, Section 38 -2.B., no person shall possess and/or consume alcoholic beverages, including beer or wine in a Park or Facility. (2.) Camping. No person shall camp in a Park except at such times and places as may be designated by the City Manager or his/her designee and except pursuant to a special permit issued by the City; or as provided in Chapter 59 of the City Code. (3.) Creating disturbing noise. No person shall make, continue or cause to be made any loud, unnecessary or disturbing noise as defined in Chapter 113 of the City Code. (4.) Damaging or removing plants or soil. (a.) 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, nor shall any person attach any rope, wire or other contrivance to any tree or plant. No person shall dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area. (b.) No person shall dig or remove any soil, rock, stones, trees, shrubs or plants, down- timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means, except that digging shall be permitted in areas designated for such purpose. Collection of natural objects, including plant and animal life and minerals, for scientific and educational purposes may be conducted in compliance with terms of written permits granted by the Director and supported by permits from appropriate state agencies. (5.) Damaging property. No person shall willfully mark, deface, damage, displace, remove or tamper with any Park, Recreation Facility, or Community Facility, buildings, tables, benches, fireplaces, railing, paving or paving materials, water lines or other utilities, permanent or temporary 5 signs, placards or notices, monuments, stakes, posts, boundary markers or other structures, or equipment.. (6.) Endangering the public. No person shall endanger the safety of any person by any conduct or act or by any failure to observe the rules established by this Article. (7.) Equipment, apparatus and structures. No person shall locate, construct or erect in a Park or Recreation Facility any sport related equipment or apparatus, such as but not limited to soccer, football or lacrosse goals; baseball /softball batting cages or backstops; bleachers or benches; portable lighting; sport training equipment; or similar devices except as authorized by permit or agreement with the City. Nothing provided herein shall prohibit a person from erecting a pop -up style tent. (8.) Gambling. No person shall conduct or participate in any form of gambling as defined herein in any Park, Community Facility or Recreation Facility except as permitted under the provisions of Chapter 849, Florida Statutes. (9.) Glass beverage bottles prohibited. No person shall be in possession of or consume any beverage from glass beverage bottles while in a Park, Recreation Facility, or Community Facility, except in designated areas or as permitted with a facility use permit. (10.) Golf and Sporting Events. No person shall engage in the playing of golf or practicing golf in Parks or Recreation Facilities. All sporting activities must be held in areas so designated for that purpose, unless otherwise authorized through a permit issued by the Director or his/her designee. (11.) Harming or molesting animal life. No person shall molest, harm, frighten, kill, trap, hunt, chase, capture, shoot or throw missiles at any mammal, bird, reptile or amphibian; nor shall any person remove or in any way harm the eggs, nest or young of any mammal, bird, reptile or amphibian. City law enforcement officers shall be notified to take appropriate action for removal of poisonous snakes or alligators from Parks and Recreation Facility. (12.) Igniting fires. No person shall ignite or attempt to ignite any fire in any Park or Recreation Facility, except in designated fireplaces or grills when used for cooking. Persons may use a personal grill in a designated picnic area; however, they may not place a grill upon any seat, table, or bench and will be responsible for the proper off -site disposal of all charcoal, wood chips or other cooking materials after such use. No person shall dispose of burning matches, smoking materials or other inflammable items within any Park or Recreation Facility except in designated receptacles. Ecological burning may be conducted by the City where appropriate for the restoration, maintenance and preservation of certain plant communities. (13.) Improperly using park structures, equipment and furnishings. n (a.) No person shall climb on or over any building, facility, structure, or natural feature in any Park or Recreation Facility or Community Facility unless the same is intentionally designed for climbing purposes. (b.) No person shall recline upon any seat, table, bench, or in any location not intended for such occupancy in a Park, Recreation facility or Community Facility. (c.) No person shall dive or jump into the lake from any fishing pier or boat dock in a Park. (d.) The City shall post specific rules for each facility. (14.) Interfering with use of the Park by others. No person shall prevent any other person from using any Park or any of its facilities, or interfere with such use in compliance with this Article and with the rules applicable to such use. Conducting activities authorized by a reserved use permit issued pursuant to this article shall not constitute a violation of this section. (15.) Launching or operating aircraft, radio - controlled model airplanes, etc. Unless otherwise permitted by law, no person shall launch or operate any aircraft, including but not limited to, hot air balloons, airplanes, ultralights, helicopters and gliders except in areas or at times specifically designated for this purpose by special permit issued by the City. No person shall launch or operate any radio - controlled model rockets, airplanes, gliders, or vehicles except in areas or at times specifically designated for this purpose by special permit issued by the City. (16.) Possessing or discharging explosives, etc. (a.) No person shall carry or discharge firecrackers, rockets, torpedoes, or other types of explosives, nor shall any person carry or use any object calculated to make a noise sufficient to disturb the peace or quiet of the Park or Facility. (b.) The provisions of paragraph (19.)(a.) shall not be deemed to prohibit the carrying of ordinary tools or equipment for use in a lawful occupation or a fireworks exhibition sponsored by the City or community organizations during the Founders Day Celebration or similar community celebrations. (17.) Skateboards, rollerblades, roller skates, bicycles or similar devices. No person shall ride a bicycle, skateboard, rollerblades, roller skates or similar devices in any area other than an area designated for that purpose. (a.) Specifically, no person shall operate, ride or use a skateboard, bicycle, tricycle, roller skates, rollerblades or similar devices on any Recreation Facility such as, but not limited to public tennis court, racquetball court, or basketball court; or on any surrounding property of a Recreation Facility or Community Facility such as, but not limited to sidewalks, stairways, ramps, spectator areas, and parking lots. 7 (18.) Unauthorized parking and operation of vehicles. (a.) No person shall park a vehicle in an area other than an established or designated parking area. No person shall park a vehicle overnight without written approval of the City Manager. Vehicles in violation of this paragraph may be towed and stored at the owner's expense in accordance with the provisions of Chapter 165. (b.) No person shall drive or otherwise operate a vehicle in a Park or Recreation Facility upon surfaces other than those maintained and open to the public for purposes of vehicular travel, except upon areas designated pursuant to the issuance of a special event permit, or temporary parking areas as may be designated from time to time by the City Commission or City Manager, and further excepting vehicles in the service of the City, animal control vehicles, law enforcement vehicles, and motorized wheelchairs. (19.) Vending, soliciting, advertising, etc. No person shall practice, carry on, conduct or solicit for any occupation, business, or profession in any Park, Recreation Facility or Community Facility unless authorized by the Director. This does not apply to City sponsored or approved events in a Park, Recreation Facility, or Community Facility. C. Rules for use of specific Parks, Recreation Facilities and Community Facilities. (1.) In addition to enforcement of general rules provided by section 124- 6, the Director may prescribe reasonable rules for enforcement in specific Parks, Recreation Facilities, and Community Facilities. All such rules shall supplement rules provided by this Article and shall not waive or disregard rules provided by this Article. All specific rules shall be posted in a conspicuous place at the Park or Facility where the rules apply. (2.) In the event any person violates the general or specific rules prescribed for a Park, Recreation Facility or Community Facility, the Director or his/her designee shall have the authority to eject the violator from the Park, Recreation Facility or Community Facility and to deny the violator access to any Park, Recreation Facility or Community Facility for an indefinite period of time. (3.) Any person who is denied access under this article from the Director or his/her designee and objects to the determination shall have the right to appeal such determination, to the City Manager within seven (7) days of the denial order. Any such appeals shall be in writing and addressed to the City Manager with a copy to the Director whose determination is being appealed. The City Manager may reverse, affirm or modify the determination appealed from and the grounds for his/her decision shall be stated in writing. The City Manager shall, by letter, notify the party appealing the determination of his/her decision and shall file a copy of such written decision with the City Clerk. The decision of the City Manager shall constitute final action by the City. D. Domestic animals in Parks. (1.) Pets are permitted in Parks if adequately restrained. Dogs must be kept at all times on leashes no longer than eight (8) feet. All animal excrement must be properly cleaned up and properly disposed of by the owner or keeper of the animal. (2.) No person shall bring into any Park any animal that constitutes a safety hazard or detriment to the enjoyment of the area by the public. (3.) No person having in charge any dog shall permit, allow or suffer such dog to enter upon or remain within any Community Facility, Recreation Facility, playground or any area in a Park reserved for children, or to enter any sandbox or play apparatus area. (4.) Horseback riding is not permitted in any Park or Recreation Facility, except as authorized in the case of a Special Event. (5.) Domestic animals, except for service animals, are not permitted inside Recreation Facilities or Community Facilities except in accordance with Section 124 -6 (D.)(6). (6.) Upon issuance of a Special Event permit, animals may be admitted into a Recreation Facility or Community Facility for the purpose of City - sponsored or co- sponsored events, programs, festivals, animal shows, exhibits, fairs, obedience training programs and the like, or under a special event permit. The City Manager may deny such a permit if, in his/her sole discretion, the requested admission is inappropriate for the particular facility. (7.) This section notwithstanding, no dogs or other animals, except dogs or other animals trained to aid disabled or handicapped persons, when any such animal is actually being used to assist any such handicapped person, shall be permitted at City sponsored or co- sponsored special events. E. Picnicking. (1.) Picnicking is permitted in all Parks, and shall only occur in those areas that are designated for that purpose, by inclusion of picnic tables and/or grills. (2.) Use of the picnic area facilities, including picnic shelters, individual fireplaces and grills, tables and benches, generally follows the rule of "first -come, first - served ", unless the picnic facilities have been reserved, through the City, by a person, group or organization. A fee for such reserved usage shall be assessed in accordance with section 124 -10 of this Article. (3.) To maintain cleanliness and to reduce fire hazards, each picnic party shall completely extinguish any fire and place all refuse, waste and trash in disposal containers where provided. If there are no such containers immediately available, then refuse shall be carried away by the user of the picnic facility and disposed of elsewhere. F. Fishing. Z (1.) Fishing is permitted in Parks, unless a prohibition is posted, and shall be in accordance with Florida law, the rules of the Florida Department of Environmental Protection, and the rules Florida Fish and Wildlife Conservation Commission. (2.) Any person engaged in the lawful act of bowfishing shall comply with the regulations as provided in Chapter 48 of the City Code of Ordinances. (3.) A valid Florida fishing license is required to fish in any Park. G. Alcoholic beverages. No person shall sell, offer for consumption, or consume any alcoholic beverage, including beer and wine, within any Park, Recreation Facility or Community Facility except as follows: (1.) The City Manager may approve the sale or consumption of alcoholic beverages in a Park, Recreation Facility or Community Facility in conjunction with the issuance of a Special Event permit when possession and consumption is specifically authorized by permit or license of the state division of alcoholic beverages and tobacco. (2.) The City Manager may approve the consumption of alcoholic beverages at private social functions in a Park, Recreation Facility or Community Facility designated for such functions when a permit or license of the state division of alcoholic beverages and tobacco is not required. Such approval shall be subject to conditions of a use permit issued by the Director. §124 -7. Use Permits — General Provisions. A. Permits to be issued in accordance with this section. Any person may reserve the use of a Park, Recreation Facility, or Community Facility by written application filed with the Parks and Recreation Department. City owned Parks and Recreation Facilities are primarily for the nonexclusive use of the residents and visitors of the City. However, under proper circumstances, exclusive use of the same or parts thereof may be permitted. This section is intended to regulate exclusive use of municipally -owned Parks, Recreation Facilities, and Community Facilities. Any park or facility use permits required by this Article shall be issued in accordance with the procedures, standards and conditions provided in this section. A permit issued by the Director or his/her designee and accepted by signature of the permittee shall constitute a contract for use of the Park or Facility. B. Deadline for submittal of permit applications. Deadlines for submittal of permit applications prior to the date of a particular use shall be established for each type of facility by the Director; however, any use requiring approval as a Special Event or which requires a temporary street closing shall require that the application be submitted no later than thirty (30) days prior to the event in accordance with Chapter 146 of the City of Ocoee Code of Ordinances. The City Manager may waive this deadline for 10 extenuating circumstances, but sufficient time must remain before the event for staff review and approve the application. C. Approval or denial of permits. (1.) A permit shall only be approved by the Director or his/her designee in accordance with this Article and any written rules and regulations specific to the Park or Facility. All such permits must be granted contingent upon the condition that rules, regulations and ordinances established by the City, or any other public entity having jurisdiction, will be observed. (2.) The Director shall have the authority, based on cause, to deny use of all or any portion of a Park, Recreation Facility or Community Facility to any group or individual who has abused the privilege of facility use, including failure to comply with the general policies and rules governing the use of Parks, Recreation Facilities, and Community facilities. Any person who is denied use under this Article by the Director and who objects to the determination shall have the right to appeal such determination to the City Manager within seven (7) days of the denial order. Any such appeals shall be in writing and addressed to the City Manager with a copy to the Director. The City Manager may reverse, affirm or modify the determination appealed from and the grounds for his/her decision shall be stated in writing. The City Manager shall, by letter, notify the party appealing the determination of his/her decision and shall file a copy of such written decision with the City Clerk. The decision of the City Manager shall constitute final action by the City. (3.) Proposed uses which are determined by the City to be solely a commercial undertaking and without educational, recreational or cultural benefit to the community shall not be allowed on the premises of public facilities. D. Revocation of permit. The City Manager or his/her designee shall have the authority to revoke a permit upon finding a violation of any rule or ordinance, or upon good cause shown. Revocation of a permit shall result in the forfeiture of the security deposit. E. Term of permit. All permits issued under this article shall expire on the date specified therein. F. Transfer of permit. No permit issued under this article shall be transferable. G. Rules for use of specific Parks and Facilities. The Director or his/her designee may prescribe reasonable rules for enforcement in specific Parks, Recreation Facilities, and Community Facilities. All such rules shall supplement and be consistent with rules provided by this Article. 11 All specific rules shall be posted in a conspicuous place at the Park or Facility where the rules apply. H. Negotiated agreements for recurring use. Nothing in this article shall prohibit the City from entering into a negotiated agreement with any person for recurring use of a Recreation Facility or Community Facility in return for provision of a particular recreation program, renovation or maintenance of the facility, or similar consideration. Such agreements shall require the approval of the City Commission. §124 -8. Use Permits —Parks. A. Picnic shelters. Reservations for picnic shelters or park pavilions and the appurtenances thereto must be obtained in advance and must be for a specific time and duration for each such facility and shall be subject to the conditions and provisions contained in the use permit. Applications for reserved use of picnic shelters or park pavilions shall be made on forms provided by the City and in accordance with procedures promulgated by the Director or his/her designee. B. Exclusive Use of Parks A Special Event permit must be first obtained for the exclusive use of a Park or any portion of a Park that may, in the judgment of the City Manager, interfere or obstruct other use of a Park or Recreation Facility, under any circumstance, and shall be subject to the conditions and provisions contained in the Special Event permit. §124 -9. Use Permits — Recreation Facilities and Community Facilities. A. Permit required for reserved use. Except as provided in paragraph B of this section, reserved use of Recreation Facilities and Community Facilities shall require obtaining a use permit in accordance with Section 124 -7 of this Article. B. City sponsored uses. Any use of Recreation Facilities or Community Facilities scheduled for City sponsored or co- sponsored uses shall be deemed a use for City purposes, and shall be exempt from fees, deposits and permit requirements listed herein. Such determination shall be made by the City Manager or his/her designee. C. Endorsement not implied. The fact that a group is permitted to meet in a Recreation Facility or Community Facility does not constitute an endorsement of the group's policies or beliefs by the City of Ocoee. §124 -10. Fees for Reserved Use of City Parks and Facilities. 12 A. Fees for reserved use of city Parks and Facilities authorized. The City is authorized to establish fees and charges for reserved use of Parks, Recreation Facilities and Community Facilities and to offset the cost to the public for additional services provided by the City in connection with such use. (1.) The City Manager is authorized to require reimbursement of actual costs incurred by the City for cleanup of the premises, damage repair and provision of insurance coverage under the City's insurance policy. (2.) The use of Parks, Recreation Facilities and Community Facilities for City sponsored or co- sponsored uses shall be deemed a use for City purposes, and shall be exempt from fees and charges. Such determination shall be made by the City Manager. §124 -11. Promulgation of Rules. The City Manager is hereby authorized to adopt administrative rules and procedures supplemental to the provisions of this Article that he or she deems necessary and appropriate to implement the provisions of this Article relative to the use of Parks, Recreation Facilities and Community Facilities. §124 -12. Enforcement. A. Police Department Responsibilities. The Police Department shall have the primary responsibility for enforcement of this Article. Notwithstanding any other provision of this article to the contrary, any City of Ocoee Police Officer or any other person authorized by the Chief of Police may enforce the provisions contained in this Article and issue a Notice of Violation for the violations of any of the provisions of this Article. B. Person or Persons Responsibilities. The person or persons responsible shall be advised of any conduct prohibited herein by any City of Ocoee Police Officer or any other person authorized by the Chief of Police to enforce the provisions of this Article. After such warning, if any person shall continue or repeat said conduct or similar conduct within 12 months after such warning, then such person shall be issued a Notice of Violation. 124 -13. Violations. Any person violating any provision of this Chapter shall be subject to the requirements of Chapter 16 of the Code of Ordinances related to Violations, including Notices of Violations, Fines and Procedures and Hearings to contest a Notice of Violation. 13 ARTICLE I - General Provisions ARTICLE I - General Provisions & 124 -1. - Definitions. & 124 -2. - Hours. 124 -3. - Entering prohibited when closed. § 124 -4. - Exceptions. 124 -5 - Swimming and bathing prohibited during certain hours. 124 -6 - Temporary closing of recreational property. § 124 -7 - Penalties for offenses. § 124 -1. - Definitions. As used in this chapter, the following terms shall have the meanings indicated: RECREATIONAL PROPERTY — Any property which is owned, managed or operated by the city which has as its primary function the providing of recreational facilities or facilities for social gatherings or occasions to the public. The term "recreational property" shall include, but not be limited to, parks, swimming facilities, baseball or football fields, basketball courts, tennis courts, youth centers and other such property which is owned, operated or managed by the city. § 124 -2. - Hours. A. Recreational property shall be open to the public during such times as may from time -to -time be established by the City Commission. Each recreational property shall be posted with a sign setting forth the times during which the recreational property is open to the public. B. Youth centers or other buildings to which this section applies shall not be required to be physically open during the hours set forth above but shall be available for use by persons or groups authorized by the Commission, the Manager or his delegate. § 124 -3. - Entering prohibited when closed. No person shall enter, remain or congregate upon any recreational property, as defined, except during those hours which said property is open to the public. § 124 -4. - Exceptions. Notwithstanding the provisions of $ 124 -2 , recreational property may be utilized after the hours of operation established by the City Commission for the following purposes A. Completion of regularly scheduled athletic events which have commenced prior to the hour of closing of the recreational property. B. Authorized maintenance or repair activities on recreational property. C. Regularly scheduled civic or social events at youth centers or other similar property, provided that prior permission is obtained, in writing, from the Manager or his delegate. Ocoee, Florida, Code of Ordinances Page 1 ARTICLE I - General Provisions D. Other such events or activities, provided that prior permission, in writing, is obtained from the Manager or his delegate. § 124 -5. - Swimming and bathing prohibited during certain hours. Bathing or swimming in any lake within the limits of the city is hereby prohibited between the hours of 9:00 p.m. and 7:00 a.m. § 124 -6. - Temporary closing of recreational property. The City Commission may authorize the temporary closing of recreational property. Any recreational property which is temporarily closed shall be posted so as to advise all persons of such temporary closing. The City Commission may further authorize that any such temporarily closed recreational property be posted with "no trespassing" signs complying with the provisions of Chapter 810, Florida Statutes. § 124 -7. - Penalties for offenses. Any person violating any provision of this chapter shall, upon conviction, be punishable as provided in § 1 -12 of Chapter 1 , General Provisions, Article II, of the Code of the City of Ocoee. Further, any person entering upon recreational property which is temporarily closed and which has been posted as provided in 124 -6 shall have committed the offense of trespass on property other than a structure or conveyance. Ocoee, Florida, Code of Ordinances Page 2