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HomeMy WebLinkAbout2017-014 Revising Park Hours ORDINANCE NO. 2017-014 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION 124-6 OF THE CITY OF OCOEE CODE OF ORDINANCES; REVISING PARK HOURS; ALLOWING CITY MANAGER OR DESIGNEE TO EXPAND OR CONTRACT PARK HOURS FOR GOOD CAUSE SHOWN; 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 use of City parks, recreational facilities, and community facilities; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, the City Commission of the City of Ocoee desires to amend Section 124-6 of the Code of Ordinances to amend the hours for use of City parks, recreational facilities, and community facilities, and to allow the City Manager or designee to expand park hours upon a showing of good cause; and WHEREAS, the City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. 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 Section 124-6. Section 124-6 of the City of Ocoee Code of Ordinances is hereby amended 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 /A.0( day of fl , 2017. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk o �, Rusty Joh 's., Mayor (SEAL) ADVERTISED I' ' , 2017 READ FIRST TIME I, , 2017 READ SECOND TIM AND ADOPTED Q o? , 2017 UNDER AGENDA ITEM NO. // FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 221) day of May , 2017. / SHUFFIELD, LOWMAN & WILSON By: C. Atto"'*� Exhibit "A" Section 124-6 of the City of Ocoee Code of Ordinances is hereby amended to read as follows,with underlines showing additions and strikethroughs showing deletions: § 124-6. - Rules for use of City parks and facilities. A. Hours of use—Parks and facilities. (1) It shall be unlawful to congregate in or use any of the following parks and community or recreational facilities after 11:00 p.m. 10:00 p.m. and before 7:00 a.m.: Bill Breeze Park and gazebo, Central Park, Jim Beech Complex, Municipal Lakefront Park, Sorenson Fields, Tiger Minor Park, Vignetti Park, the Withers-Maguire House, Ocoee Lakeshore Center, the Vignetti Recreation Center, the Tom Ison Senior and Veterans Center, and the Jim Beech Recreation Center. The following are exceptions to the foregoing: (a) Those organized recreational or cultural activities sponsored by the City or where a person or the organizer has obtained a permit for use of the park, community facility, or recreational facility beyond 11:00 p.m. 10:00 p.m. A permit for the use of a park community facility, or recreational facility beyond 4 90--p.m. 10:00 p.m. may be issued to a person or the organizer of a cultural or recreational activity by the City Manager or his/her designee and said permit may be subject to conditions as deemed necessary by the City Manager or designee in his or her discretion. (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. (c) The City Manager or his/her designee is authorized in his or her discretion and upon application of any person, to permit a reasonable expansion or contraction of the city park hours listed herein, with reasonable conditions, and for specific events if good cause is shown. (2) It shall be unlawful to congregate in or use any of the following Parks or outdoor Recreation Facilities after 9:00 p.m. sunset 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. The hour of sunset is established for the purpose of this section as the hour of sunset as determined by the National Weather Service Bureau. (3) It shall be unlawful to congregate on or use any trail designated by the City after sunset and before sunrise. ti (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 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 or his/her designee. yy E45 (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, § 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 signs, placards or notices, monuments, stakes, posts, boundary markers or other structures, or equipment. (6) Endangering thepublic. Noperson shall endanger the safetyof anyperson byanyconduct 9 9 9 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. t (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. (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. (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 § 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 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 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 § 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 or his/her designee 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 § 124-7.3 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. (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 or his/her designee 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 or his/her designee 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.