Loading...
HomeMy WebLinkAboutOrdinance 2002-164 ORDINANCE NO. 2002-J1..a~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING CHAPTER 26 OF MIAMI-DADE COUNTY CODE ENTITLED "PARKS AND RECREATION DEPARTMENT RULES AND REGULATIONS", AND CREATING A NEW ORDINANCE ENTITLED "PARKS AND RECREATION RULES AND REGULATIONS"; PROVIDING FOR DEFINITIONS; PROVIDING FOR TRAFFIC CONTROLS; PROVIDING FOR USE OF PARK PROPERTY; PROVIDING FOR RECREATIONAL ACTIVITIES; PROVIDING FOR PERMITS; PROVIDING FOR PARK SANITATION; PROVIDING FOR PROmBITIONS ON UNDESIRABLE ACTS AND BERA VIOR; PROVIDING FOR ENFORCEMENT AND OBEDIENCE TO RULES; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR REPEAL OF CONFLICITING PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, since its incorporation, the City has developed several parks for the use and enjoyment of residents and tourists; and WHEREAS, the City Commission wishes to adopt a comprehensive set of rules to regulate the use of the city parks. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Chapter 26 of the Miami-Dade County Code. as adopted by section 8.3 of the City Charter is hereby repealed. and a new ordinance entitled "Parks and Recreation Rules and Regulations" is hereby created. Section 2. Definitions Rule 1. 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 meamng: Director. The word "Director" shall mean the Director of the Cultural and Hum3I\ Services Department. 1 02002- Parks Rules and Regs Parks. Parkway. Recreational Areas. and other areas operated and maintained by the Cultural and Human Services Department are defined to mean parks, wayside parks, parkways, playgrounds, recreation fields, museums, auditoriums, buildings, natural areas, forests or preserves, canals, waterways, water areas and beaches therein and all public service facilities conducted on grounds, buildings, and structures in the City of Sunny Isle Beach that are under the control of or assigned for upkeep, maintenance or operation by the Cultural and Human Services Department and/or the Public Works Department. Park Property. The term "Park Property" when used hereinafter is defined to cover all areas, buildings, locations, and facilities described in the paragraph stated above. Department. The term Department when used hereinafter are defined as "The Cultural and Human Services Department" and the term "Department Director" refers to the Director of said Department. Department Employee. The term "Department Employee" refers to individuals employed by the City, or contracted by the City, with responsibilities for the safe management, security, operation or maintenance of park facilities. In construing the provisions hereof and each and every word, phrase or part thereof where the context will permit, the definitions provided in Sections 1.01 Florida Statutes shall apply. Section 3. Traffic Control Rule 2. Traffic ordinances and state vehicle laws The traffic ordinances of this City and applicable State Vehic1e laws shall apply in and about all park property and in addition thereto the traffic regulations contained in this section shall be applicable. Rule 3. Roads and driveways within parks (a) No person driving, operating, controlling or propelling any vehicle, motorized, horse drawn or self-propelled, shall use any other than the regularly designated paved or improved park roads or driveways, except when directed to do so by a police officer or department employee. The provisions of this subsection shall not apply to the use of any self-propelled wheelchair, power wheelchair, electric scooter, or other mobility device by an individual with a mobility impairment. (b) No bicycles, scooters, skateboards, roller skates and any other self-propelled vehicles shall at any time be used on any park furniture, walls, fences or any park property not specifically designated for such uses. (c) No driver / operator of any vehicle shall obstruct traffic or park or stop on any road or driveway except at a place so designated or in case of an emergency beyond his control. If so caused to stop or park for more than fifteen (15) minutes the operator shall report such fact to an officer or park employee. 02002- Parks Rules and Regs 2 Rule 4. Trucks, buses, other heavy vehicles No truck, commercial vehicle, or bus of any type will be driven on any restricted park road or property without special authorization from the Cultural & Human Services Department for the purpose of park work, service or activities except that trucks and buses used for transporting persons to a park for recreational purposes will be afforded use of ingress and egress park roads and parking facilities as provided for conventional passenger vehicles as authorized by the Director. Rule 5. Bicycles, tricycles, motorcycles, scooters, dirt bikes, go carts (a) No person shall ride, drive or propel any bicycle, tricycle, motorcycle, all terrain vehicle (atv), scooter, dirt bikes, go carts, skate boards, roller skates, roller blades or similar vehicle on any but the regular vehicular roads except that such vehicles, with motors shut off, may be pushed by hand not faster than a walk or carried over grassy areas normally reserved for the use of pedestrians and no person sball deviate from compliance with all traffic ordinance provisions governing the operation of bicycles while on park property. The provisions of this subsection sball not apply to the use of a self-propelled wheelchair, power wheelchair, electric scooter, or other mobility device by an individual with a mobility impairment. (b) Violators of this provision shall pay a fine not to exceed one hundred dollars ($100.00) for the first violation and two hundred dollars ($200.00) for each succeeding violation. Provisions of this rule shall not apply to the operation of these vehicles on those portions of park property specifically design1lted for such use. Parents or guardians will be held strictly accountable for the actions of minors in regards to the prohibitions in the foregoing paragraph. Rule 6. Parking (a) No person sball park a vehicle any place on park property other than in the designated facilities provided for that particular type of vehicle, unless directed otherwise by police officers or department employees who are authorized to designate other areas fOf parking when conditions so warrant. The provisions of this subsection sball not apply to the use of self-propelled wheelchair, power wheelchair, electric scooter, or other mobility device by an individual with a mobility impairment. (b) Except for City vehicles or those on official City business, no operator of any vehicle shall park or pennit to remain parked any vehicle on any driveway, parkway, parking area or other park property except as provided for herein. (c) No vehicle shall be left standing or parked overnight within a park or on or about a recreational area. (d) No Department employee shall be permitted to accept any fee or gratuity for any service concerning the parking of a vehicle except those employees assigned to areas where a stated fee is charged by the Department. 02002- Parks RuIcs and Regs 3 Rule 7. Use of vehicles (a) No Operator of a vehicle shall tow another vehicle or wheeled device on park roads except when necessary to remove a disabled vehicle. (b) No vehicles except those authorized by the Department to carry passengers for hire or fare will be permitted to so operate in the parks and these vehicles will be the only ones that pedestrians may bail or make prior arrangements for rides. (c) No person shall change any partst repair, wash, grease, wax, polish or clean a vehicle on any park roadway, parkway, driveway, parking lot or other park property. (d) No person shall operate a four wheel~ motorized go-cart on any park roadway, parkway, driveway, parking lot or other park property. The provisions of this subsection sball not apply to golf carts or vehicles designated primarily for use by individuals with disabilities or in areas specifically desir-ted for such use. Section 4. Park Propertv Ruk 8. Preservation of Property As all property in all City parks is owned by the city, and no person entering or being upon park property or areas operated and maintained by the Department shall: (a) Destroy, damage or remove real property or improvements thereto, or movable or personal property, belonging to the City of Sunny Isles Beach. (b) Throw or deposit, or permit to be deposited or scattered upon any side~ alley, street or public passageway, or upon any public or private property, any waste or other material of any kind. (c) Tamper or meddle with or alter the condition of any meter, valve or meter identification, or other part of such system in the City of Sunny Isles Beach, or appliance connected thereto in such manner as to cause loss or damage to the owner of such facilities or the users thereof, or to create a hazard to life of property. (d) Tamper with, injure, deface, destroy or remove any si8Dt notice, marker, fire alarm boxt fireplug, topographical survey monument, or any other personal property erected or placed by the City of Sunny Isles Beach. (e) Move, disturb, or take any earth, stone or other material from any public street, alley, park. or other public ground. (f) Make any excavation by toolt equipment, blasting or other means or shall construct or erect any building or structure of whatever kind, whether pennanent or temporary, or run or string any public utility into, upon, across or over any park or recreation lands unless authorized by permit or easement. (g) Write, paint, or draw any inscription, figure, or mark of any type on any public or private building or structure or other real or personal property, owned, operated, or maintained by the City of Sunny Isles Beach. (h) Stand, sit or lay on any fence rail or any other structure not intended for such use in any park. (i) V ende-Hze, deface or destroy any park property or equipment within a park site. 02002- P8rb Rules and Rcp 4 (j) Damage or remove plants or plant materials, trees or parts thereof or any flowers, nuts, seeds, or fruits whatsoever, except that park personnel may be empowered to make such removals and scientists and students of botany may be issued special permission in writing for specimen collecting by the Department Director or his/her designee. (k) Build, light or cause to be lighted, any fire upon the ground or beach or other object in any area within a City Park without the express written consent of the Department Director. Such authorized fires shall not be built or lighted except in an approved grill, stove, fireplace or other suitable container, nor shall any person starting a fire leave the area without extinguishing the fire. No person shall use a grill or other device in such a manner as to burn, char, mar or blemish any bench, table, or other object of park property. Nor shall any person drop, throw or permit to be scattered by any means, hot coals, lighted matches, burning tobacco products or any other flammable material within any park or area or any highway, road or street abutting or contiguous thereto. Rule 9. Protection and preservation of wildlife (a) No person shall molest, harm, frighten, kill, net, trap, snare, hunt, chase, shoot or throw or propel by any means missiles at any wildlife roaming free about a park or in captivity, nor shall any person remove or possess the young of any wild animal or the nest or eggs of any reptile or bird. This provision is not intended to limit any program for the purpose of control of nuisance wildlife as set forth in Rule No. 10 below. (b) No person shall feed any animals in or on park property. (c) No person shall place, dump, abandon or leave any animal, reptile or bird, either wild or domestic on the grounds of any park. (d) All State and Local Animal Control Laws and Ordinances shall be enforceable within all City parks as applicable and/or as specified herein. Rule 10. Control of Nuisance Animals (a) Definitions. When used in this rule the following terms shall have the meanings set forth below: (1) Exotic Animal: A non-native animal species that occurs in South Florida, as a result of direct or indirect, deliberate or accidental actions by humans, which shall include, but not be limited to, all domestic, semi-domestic or feral animals. (2) Native Animal: An animal species that occurs naturally in or is indigenous to South Florida. (b) The introduction by any person of any exotic animal and the placement, abandonment or leaving of any animal in a City park or in public areas immediately adjacent to a City park is strictly forbidden. (c) The feeding by any person of any exotic or native animal in a City park or in the public areas immediately adjacent to a city park is hereby strictly forbidden unless specifically authorized by the Department Director. 02002- Parks Rules and Regs 5 (d) Exotic animals, with the exception of those authorized by the Director, roaming free in City parks are hereby declared to constitute a nuisance. The Cultural and Human Services Department Director has the authority and responsibility to establish process and procedures to control and remove from the park, the species which are declared to constitute a nuisance. (e) The Director is hereby authorized, in consultation with the Florida Fish and Wildlife Conservation Commission, to declare certain native species located in identified parks to constitute a nuisance. Native species shall be determined to be a nuisance when, in the discretion of the Director, in consultation with staff of the Florida Fish and Wildlife Conservation Commission, the number, location, behavior or other characteristics of the native species or the remains of deceased animals constitute a hazard to human health and/or safety or to the resources of the particular park. Rule 11. Domestic animals (a) No person shall be permitted to take any domestic animal into any park whether on leash, in arms or running at large, dogs in particular being excluded from parks, and provisions of all City dog control ordinances(s) shall apply to any and all park property, except for those areas specifically designated for dogs or other domesticated animals. The provisions of this subsection shall not apply to the use of a service animal, which means any dog guide or other animal individually trained to work or perform tasks for an individual with a disability. (b) Cattle, horses, mules, swine, sheep, goats, or fowl shall not be allowed upon park property and all owners or attendants of such animals are charged with the duty of preventing such occurrences. This prohibition does not apply to animals and fowl kept by the Department or under its direction. Rule 12. Aircraft (a) No person operating, directing, or responsible for any airplane, helicopter, glider, balloon, dirigible, parachute or other aerial apparatus (excluding kites) will take off from or land in or on any park land or waterway, except when human life is endangered or written permission has been obtained from the Department Director. (b) No person operating any aircraft shall do any stunt flying over or fly lower than one thousand (1,000) feet above the highest obstruction located in any park or recreation areas that are considered to be populated areas requiring compliance with Federal Aviation Administration (FAA) regulations regarding same. Rule 13. Closing of parks (a) No person shall be or remain in any part of any park that is fenced in or provided with gates between the closing of the gates at night and their reopening on the following day; nor shall any person be or remain in any park not fenced in or provided with gates, between sunset and sunrise or as specifically posted. The provisions of this section shall not apply to police officers or department employees while in the discharge of their duties, nor to persons having permission in writing issued by the department to be or remain in any part of the parks between such 02002- Parks Rules and Regs 6 hours. The Department Director has the authority to establish exceptions to the closing hours as set forth above when it is in the interest of the public health, safety or welfare and such exceptions shall be posted. (b) No person shall enter upon any part of any park, which is in an unfinished state or under construction or withheld from general public usage in the interest of public safety, health and/or welfare unless specifically permitted by the Department Director. Section 5. Recreational Activities Rule 14. Recreational activities No person shall engage in recreational or other activities other than those prescribed in certain areas set aside for such purposes. Rule 15. Games, etc. No person or persons shall engage in rough or potentially dangerous games or practice for same, such as football, baseball, softball, horseshoes, golf, lacrosse, soccer, cricket, rugby, tennis, volleyball, badminton or any other games, practice or exercise involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, shuttlecocks, radio controlled or model aircraft or engage in racketeering except for those organized and administered by the City of Sunny Isles Beach in areas specifically designated and set aside for such recreational usages. Rule 16. Bathing and swimming (a) No person, regardless of age, sex, or manner of dress shall swim, wade, or bathe in waters or waterways in or adjacent to any park other than at such places as are provided for such activities and in compliance with the rules of these areas as to hours of the day and safety limitations for such use. (b) No person shall erect or cause to be erected any tent, shelter or structure on or in any City Park unless expressly authorized in writing by the Department Director. Rule 17. Hunting and firearms No person shall erect or cause to be erected any tent, shelter or structure on or in any City Park unless expressly authorized in writing by the Department Director. Rule 18. Toy firearms, fireworks and explosives (a) No person may bring into, or have in his possession, or set off or otherwise cause to explode, discharge or burn in any park area or on any public lands or highways adjacent thereto, any firecrackers, torpedoes, rockets, toy firearms or cannon, sparklers or other fireworks or explosives of inflammable materials or any substance or compound that, may explode, discharge or burn, unless first obtaining written permission from the Department Director. 02002- Parks Rules and Regs 7 (b) Parents or guardians will be held strictly responsible and accountable for the actions of minors in regards to the prohibitions in the foregoing paragraph. Rule 19. Picnic areas and use (a) No person will cook in any area not specifically designated by and regulated by the Director for such usage. (b) The Director will regulate activities in picnic areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. If the facilities are crowded, persons holding picnics in any park picnic area, building or structure, will avoid using same to the exclusion of others for an unreasonable time, the determination of what is unreasonable being at the discretion of the Director. Section 5. Rule 20. Athletic events, etc. (a) No person or persons shall engage in any organized or pick-up athletic events, games, practice for same, or exercise, such as football, baseball, softball, soccer, volleyball, utilizing a substantial portion of any park or recreation area that is not formally organized by the Cultural & Human Services Department without written permission of the Cultural & Human Services Department, said permission to clearly define the nature of the activity, the limit of its scope and time and setting forth such other restrictions and requirements as the Cultural & Human Services Department may deem necessary. (b) A person seeking permission to carry on any activity in a park or recreational field shall file a written request to the Cultural & Human Services Department or designated representative of the City Manager and provide such information as shall be required by the City Manager. Rule 21. Camping There shall be no camping or overnight stay in parks unless authorized by the Director. Rule 22. Boating (a) No person shall bring into or operate any boat, yacht, cruiser, canoe, raft or other water craft (except non-motorized toys too small for human occupancy) into or on any park property. (b) No person shall moor, anchor or tie up to the bank or any wharf, dock, tree, building, rock or any object or structure on the bank in water within or contiguous to any park within two hundred (200) feet of the shore line unless the owner, or his representative, of the boat, houseboat, barge, vessel, ship or watercraft of any kind whatsoever, has obtained written permission from the Department, except that if the boat or ship is the property of the government of the United States, or is in distress, or ties up at a dock, wharf or pier designated for such purpose and then only long enough to enable the occupants to obtain repairs, towing service, food, fuel, bait, tackle or marine supplies. 02002- Parks Rules and Regs 8 Rule 23. Fishing No person, adult or minor, shall fish in park waters by use of hook and line, siene, trap, spear gig or other device except at such places and in such areas as have been prescribed for such usage. Section 6. Sanitation Rule 24. Pollution of waters Using the fountains, drinking fountains, ponds, lakes, streams, bays, or any other bodies of water within the parks, or the tributaries, storm sewers or drains flowing into them as dumping places for any substance or matter is strictly prohibited. Rule 25. Refuse, trash and destruction of park property (a) No person shall deposit or drop or place any refuse including bottles, broken glass, ashes, paper, boxes, cans, dirt rubbish, waste, garbage, tobacco products or containers of foil upon the ground or on any other park property except in receptacles provided for trash disposal. At no time shall any petroleum products be disposed of on park property. (b) No person shall bring to or use any water or beverage container made of glass on any beach available to the public within the City Limits. (c) No person shall deposit into any recycle bin or container any material other than for which it is intended. Section 7. Undesirable acts and behavior Rule 26. Noise No person entering or upon park and recreation areas shall make excessive unnecessary noise that interfere with the enjoyment of the park's natural and cultural experience. Rule 27. Merchandising, vending, peddling, etc. No person, organization or firm other than licensed concessionaires permitted by and acting under the authority of the Department will expose or offer for sale, rent or trade any article or thing, or station or place any stand, cart, or vehicle for the transportation, sale or display of any article or merchandise within the limits of any park or recreation area. Rule 28. Advertising and publicity and signs No person shall advertise or obtain publicity through any means whatsoever within or upon any park property, except as permitted herein. To insure compliance, specific approval in advance and in writing from the Department Director is required and such approval shall be so worded as to prohibit damage to or marring of park property or vegetation, disturbance of park patrons or the display of anything unsightly or in disharmony with park beauty. 02002- Parks Rules and Regs 9 Rule 29. Public demonstration, gatherings, performances, speeches, etc. The City Manager in conjWlCtion with the Department Director bas the responsibility and authority to establish guidelines for the permitting for demonstrations, gatherings, performances or other mass assemblages at City parks. Such roles and regulations shall be codified in an Administrative Order, as may be amended from time to time, and be readily accessible to the public. Rule 30. Under the influence of drugs and / or alcohol intoxication No person who is intoxicated or under the influence of d.rogs will be permitted entry to parks or recreation areas and if discovered therein will be ejected forthwith. Rule 31. Intoxicating liquors, beer, wine, etc. Drinking of alcoholic liquors or beverages and the bringing of such into the park areas shall be permitted only under the circumstances set forth in the following paragraphs: (a) At certain specifically designated facilities where meals or lunches are served under concession privileges, the sale of alcoholic liquors or alcoholic beverages by such concessionaire or his employees will be permitted under strict regulation, being restricted to certain hours of the day and under the special authorization and control of the Department. Such sales shall be made only in individual cups (not in original packages or otherwise in bulk) and shall be served for consumption on the immediate premises of the concession and such sales of beer and wine are to be permitted only in open containers for consumption on the immediate premises of the concession. Such concessionaires must have the appropriate alcohol license( s) as required by the Department of Business and Professional Regulation Division of Alcohol and Tobacco. (b) At picnic parties during hours of noon to sundown; and can only be consumed at picnic shelter areas or areas specifically designated by the Department Director. Special events as designated by the Department Director shall be exempt from the provisions of this paragraph. (c) The consumption of alcoholic beverages is specifically prohibited by those directing, participating in, or spectators of any athletic events, and in particular youth activities and programs organized by the City. Rule 32. Gambling No person or organization shall conduct raftles, bingo games, or card games for money or drawings for prizes or participate in any other forms of gambling within park limits with the exception of city organized events in an effort to defray costs of said event. 02002- Patks Rules and Regs 10 Section 8. Enforcement and obedience of rules Rule 33. Authority of City of Sunny Isles Beach Police Department and City officials (a) It shall be the duty and responsibility of the City of Sunny Isles Beach Police Department to enforce all State laws, City ordinances, and in conjunction with Department employees and City enforcement officers or inspectors, enforce all regulations and rules as well as all provisions of permits issued by the Cultural and Human Services Department within all parks and other areas maintained and operated by the Cultural & Human Services Department. (b) Other ordinances not in conflict with the police regulations, rules and permits adopted herein shall be enforced in all properties under the management and control of the Cultural & Human Services Department, and all violators shall be punished in accordance with the particular ordinance violated. (c) This chapter and the police regulations, rules and permits adopted herein shall be taken to be cumulative and shall not be construed to amend or repeal any other valid City ordinance or penalty. Section 9. Penalties for Violation (a) It shall be unlawful for any person to do any act forbidden or fail to perform any act required by these police regulations. (b) Any violation of any of the provisions of this code may be enforced under the provisions of City ordinance 2001-141 as well as all other applicable City codes and ordinances. (c) Any person convicted of a violation of any of the provisions of the Police Regulation, Rules and Permits adopted pursuant herein shall upon conviction be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for a period not to exceed sixty (60) days or both such fine and imprisonment. Section 10. Severability Provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining section, sentences, clauses and phrases of this Ordinance, but they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 11. Inclusion in Code. It is the intention of this Commission and is hereby ordained that the provisions of this Ordinance shall become and made part of the City of Sunny Isles Beach Code; that the Sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions, and that the word "Ordinance" shall be changed to Section or other appropriate word. 02002- Parks Rules and Regs 11 Section 12. Repealer All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 13. Effective Date This Ordinance shall take effect ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading this ~ day of ~, 2002. PASSED AND ADOPTED on second reading this J t..J -l-~ d of ]\I ov', ,200 . '\./ .. , '\.../ .. i oil .,"'::, t.. . .,... J i."." ,', . ",., . <- 't. t. ./ ~ ~ ~.. "t:. A~... '- .).o-'1.tLltJ :1-., '\ -.. : I ('r ~ ... . . ' - ~~~~~tWUA . Richard Brown-Morilla, City Clerk ~.' ~'.;. APPROVED AS TO FORM AND LEG CIENCY: Moved by: Coro~\ 0T0~~~1't\.'A10 Seconded by: ~'AL\'t)-Q I<DL<tS )~ Vote: 6-0 Mayor Samson Vice Mayor Iglesias Commissioner Ede1cup Commissioner Goodman Commissioner Kauffman ~Yes) --f(Yes) v (Yes) --V(Yes) V(Yes) _(No) _(No) _(No) _(No) _(No) 02002- Parks Rules and Regs 12