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HomeMy WebLinkAboutO-00-20ORDINANCE NO. O~00~20 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE I, CHAPTER 74 OF THeE CODE OF ORDINANCES, PARKS AND I~CREATION - IN GENERAL; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Cky Council has determined that a comprehensive policy on the use of City recreation facilities would be in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 74-1 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 74-1. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Park Areas means any and all outdoor and covered grounds and facilities owned, operated or designed by the City for the purposes of recreational or leisure activities, except those facilities designated as Waterway Facilities or Public-Use Facilities below. Park Event means utilization of a Recreation Facility, other than a Public-Use Facility, or any portion thereof for any planned or organized event, other than a city-sponsored event, at which the City Manager reasonably believes between 50 and 300 persons will attend. Public-Use FaciBties means those city properties such as the Yacht Club, Community Center and the ball fields of the Barber Street Sports Complex, that by their very nature, are generally best utilized by designated groups for meetings, sporting events or community programs. Recreation Facilities means any and all real property owned or maintained by the City for the purposes of active or passive recreation, community and civic gatherings, open space and such other traditionally related activities. However, these provisions shall specifically not apply to the Sebastian Municipal Golf Course. Special Event means utilization of a Recreation Facility, other than a Public-Use Facility, or any portion thereof for any planned or organized event, other than a city-sponsored event, at which the City Manager reasonably believes more than 300 persons will attend. Waterway Facilities means any structure constructed on or over the waterways of the City such as a public dock, boat ramp, seawall or boardwalk, as well any pedestrian walkway constructed or maintained by the City running over or along its waterways. Section 2. That section 74-2 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. '74-2. Designation by Resolution The City Council shall designate by resolution the classification under this Chapter of each Recreation Facility in the City. Section 3. That section 74-3 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. '74-3. Regulations; promulgation and approval by resolution. (a) The City Manager is hereby empowered and authorized to adopt, promulgate and enforce reasonable rules and regulations which shall apply to City Recreational Facilities. (b) All rules and regulations promulgated and adopted pursuant to this article shall, in order to be effective, be posted in a conspicuous place in the area where they are intended to be effective. The existence of such signs at any place within the City shall be prima facie evidence such signs were erected or placed with the authority of the City Manager. (c) Any person violating any such rule or regulation promulgated and posted pursuant to this article shall be subject to a fine of up to $500.00. (d) The City Council may by resolution, remove or modify any regulation promulgated pursuant to this section. Section 4. That section 74-4 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 74-4. General Regulations for Recreational Facilities. (a)Prohibited conduct; unIawfuI acts. No person shall: (1) Use profane, obscene or threatening language or conduct within the area which unreasonably interferes with the enjoyment of the Recreational Facility by others. (2) Smoke in buildings or other areas except where designated by signs posted by the City Manager or his designee. (3) Knowingly interfere with, encumber, obstruct or render dangerous any part of a Facility. (4)Enter or leave any park facility by motor vehicle except at established entrance ways or exits, or at established times. (5) Use an electronic public address system or other mechanical sound amplification devices, including radios and electronic sound reproduction equipment of any kind at such a high volume level as to unreasonably interfere with the use and enjoyment by others of the facility. (6) Build or set fires except on cooking grills or self-contained cooking units in specified areas or upon written approval of the City Manager. (7) Possess, consume or serve any alcoholic or intoxicating beverages in any area therein unless in accordance with regulations allowing the same in conjunction with a City-sponsored event, or as authorized by city permit for a function held at a Public-Use Facility. (8) Cause or permit a dog or other domestic animal, other than a service animal within the scope of Fla. Stat. 413.08, to enter the area unless such pet is maintained on a leash not to exceed six feet. (9) Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash anywhere on the grounds of the parks other than in proper receptacles provided therefor, and no such refuse or trash shall be placed in any waters in, or contiguous to, the parks or beach areas. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. (10) Drive or park any unauthorized motor vehicle on any area within any park or recreational area except designated park roads or parking areas; park any motor vekicle that is not authorized by the City Manager in any area other than an established or designated parking area; or park any motor vehicle that is not authorized by the City Manager within any Recreational Facility during the established hours that said area is closed to the public. (11) (12) (13) (14) Ride a bicycle on other than a designated vehicular road or path designated for that purpose; leave a bicycle in any place other than a bicycle rack when such is provided, or leave a bicycle lying on the ground or paving or any place or position so as to present any obstruction to pedestrian or vehicular traffic. Post public notices of a non-commercial nature except in designated areas and in accordance with time and place restrictions established by the City Manager. Operate a concession; sell, peddle, or solicit sell in any park without written prior approval of the City Manager or his designee. Bed down or sleep in parks or recreational areas including any parking area except upon written approval of the City Manager; nor shall camper trucks, buses or trailers be permitted to remain in such parking area between the hours of 12 midnight and 6:00 a.m. except boat trailers may remain in areas designated for the parking thereof during the time between launch and return of the watercraft it has transported. (b) Signage. The City Manager is hereby empowered and authorized to regulate the use of Recreational Facilities within the context of this article by erecting or placing of signs regulating such use and hours of use. (c) Violations and penalties. Violations of this section are punishable by a fine not exceeding $500.00 or imprisonment not exceeding 60 days, or both. (d) Parental liability. Parents shall be held liable for conduct of their minor children. Section 5. That section 74-5 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 74-5. Additional Regulations Affecting Waterway Facilities (a) Prohibited conduct; unlawful acts. In addition to the restrictions set-forth elsewhere in this Chapter, no person shall within or upon Waterway Facilities: (1) (2) (3) (4) Dive or jump into the water from such facility. Use railings or benches on piers or riverwalks for cleaning or cutting bait or fish. Push, propel or ride bicycles, scooters, skates or skateboards on piers or docks. Fish with more than two lines or poles at one time on piers or riverwalks. Park or dock watercraft utilized for a commercial purposes, including rental to the public, longer than reasonably necessary to launch or retreive the same. ~o) Signage. The City Manager is empowered and authorized to further regulate Waterway Facilities within the context of this article by erecting or placing of signs governing their use. The existence of such signs at any place within the city shall be prima facie evidence that such signs were erected or placed with the authority of the City Manager. (c) Violations and penalties. Violations of this section are punishable by a fine not exceeding $500.00 or imprisonment not exceeding 60 days, or both. (d) Parental liability. Parents shall be held liable for conduct of their minor children. Section 6. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-6 which shall read as follows: Sec. 74-6. Park events; procedure for permission. (a) No person shall conduct a Park Event without the prior approval of the City Manager as provided in this section. (b) Any person desiring to conduct a Park Event shall submit a written application to the City Clerk on forms promulgated by the City Manager and shall pay a reservation fee to the city not less than two weeks prior to the event. If use of electrical or water utilities on site is desired, the same must be requested on the application and an additional fee shall be required prior to issuance of the permit. The amount of reservation and utility use fees shall be established by resolution of the City Council. Any vendors that will participate in said Event must be listed on the application, and any structures to be erected or otherwise assembled as part of the Event must be shown in schematic form as an attachment thereto. (c) Approval for a Park Event shall be granted if, in the discretion of the City Manager, the event will not unreasonably conflict with the use of the park by the public generally adequate measures will be taken by the applicant to protect the public health, safety and welfare regarding the following: (1) Traffic and parking; (2) Solid waste collection and removal; (3) Sanitary facilities; and (4) Security. The permit may contain such conditions as the City Manager determines in his discretion will be necessary to ensure satisfaction of these considerations. All vendors and other Event participants must meet all applicable permit or licensing requirements, and comply with all applicable laws, code provisions and duly -promulgated rules and regulations governing the use of the subject facility. Permits may only be issued in the name of an adult or legally organized organization. Any adult obtaining a permit on behalf of a group comprised of minors shall be held responsible for the supervision of each minor participating in the Event. (d) In the discretion of the City Manager, city personnel or equipment may be needed for adequate protection of the public interest in conjunction with a Park Event. The city shall be reimbursed by the applicant for all costs of providing such personnel or equipment. The City Manager may as a condition of permit approval require that a cash bond or other suitable surety be posted with the city in advance of the event for the purpose of securing such reimbursement in an amount deemed reasonable to pay such costs. (e) The City Manager shall deny an application if either 1) the event will unreasonably conflict with the use of the park by the public generally or with public policy, or 2) adequate measures cannot be taken by the applicant to protect the public health, safety and welfare. (f') The City Manager may require that the applicant insure the city against damage to city property and against liability of any kind resulting from the park event activities if the activities in his reasonable judgment create a risk of injury or property damage. The limits of insurance shall be determined by the City Manager. A certificate of insurance shall be filed with the City Manager not less than five days prior to the event. (g) A decision of the City Manager to deny, or to grant with conditions, an application made pursuant to this section may be appealed by the applicant to the City Council. The appeal shall specify the grounds for the appeal and shall be in writing filed with the city clerk and shall be heard at the Council's next regular meeting. The City Council shall affirm, reverse or modify the decision of the City Manager considering whether the park event will unreasonably conflict with the use of the park by the public generally and whether adequate measures will be taken by the applicant to protect the public health, safety and welfare. The decision of the City Council shall be final. Section 7. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-7 which shall read as follows: Sec. 74-7 Special events; procedure for permission (a) No person shall conduct a Special Event without the prior approval of the City Council as provided in this section. (b) Any person desiring to conduct a Special Event shall submit a written application to the City Clerk on forms promulgated by the City Manager and shall pay a reservation fee to the city not less than six weeks prior to the event. If use of electrical or water utilities on site is desired, the same must be requested on the application and an additional fee shall be required prior to issuance of the permit. The amount of reservation and utility use fees shall be established by resolution of the City Council. Any vendors that will participate in said Event must be listed on the application. Further, any structure to be erected or otherwise assembled as part of the Event must be shown in schematic form as an attachment thereto. (c) It is anticipated that a Special Event will by its nature impact the use of the subject Recreation Facility by the public generally, and will have other implications for the public health, safety and welfare. Towards that end, the applicant shall meet with the City Manager to discuss the measures to be taken regarding such public welfare issues and compensation to the city for additional costs incurred in conjunction therewith, with particular focus on the following: (1) Traffic and parking; (2) Solid waste collection and removal; (3) Sanitary facilities; and (4) Security. If City resources are needed to adequately protect the public interest, the City Manager shall address how these resources will be allocated and the degree to which the applicant shall reimburse the City. Following such discussions, the City Manager shall submit the application to the City · Council with his recommendation as to whether said Event is in the best interests of the public, and also submit a proposed agreement governing mitigation measures, and financial responsibility therefor, of the public welfare issues raised by the Event. (d) All vendors and other Event participants must meet all applicable permit or licensing requirements, and comply with all applicable laws, code provisions and duly - promulgated rules and regulations governing the use of the subject facility. Permits may only be issued in the name of an adult or legally organized organization. Any adult obtaining a permit on behalf of a group comprised of minors shall be held responsible for the supervision of each minor participating in the Event. (e) The City Council shall deny an application if the Event will unreasonably conflict with public policy or adequate measures cannot be taken by the applicant to protect the public health, safety and welfare. A decision of the City Council to deny, or to grant with conditions, an application made pursuant to this section shall be final. Section 8. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-8 which shall read as follows: Sec. 74-8. Public-l/se Facilities; procedure for use. (a) Application. This procedures set forth in this section govern all uses of enclosed Public-Use Facilities, and the organized and dedicated use of all open-ak Public-Use Facilities. No permit is required for the casual use of open-air Public-Use Facilities in accordance with established regulations when said Facilities are not dedicated to a permitted user. (b) Leases andIntergovernmentalAgreements. Upon a finding that the public interest will be duly served thereby, the City Council may enter into leases w/th non-profit organizations, as well as intergovernmental agreements, of up to five years duration providing for the exclusive use of a Public-Use Facility during certain time periods. In considering whether any compensation shall be due the city, or the amount thereof, to off-set added maintenance, utility or other costs, the Council shall consider the public purpose being served by the user and the degree to which said public benefits inure to the taxpayers of the City rather than nonresidents. (c) ?ermittingprocess. Any person desiring to use a Public-Use Facility except as set forth above shall submit a written application for a permit to the City Clerk on forms promulgated by the City Manager and shall pay a reservation fee to the city not less than two weeks prior to the event. However, any use requiring Council approval pursuant to subsection (e) must be submitted not less than four weeks prior to the event. The amount of the reservation fee and rental rates for said Facilities shall be established by resolution of the City Council. Service of food or use of kitchen facilities is not allowed unless requested in the application, and an additional fee as established by resolution of Council, may be charged. Permits may only be issued in the name of an adult or legally organized organization. Any adult obtaining a permit on behalf of a group comprised of minors shall be held responsible for the supervision of each minor participating in the Event. (d) Prohibited uses. No permit shall be granted for the commercial use of a Public-Use Facility, although fund-raising for non-profit organizations shall be allowed subject to Council approval as set forth below. In the event that gambling activity is to be a part of the permitted use, the City Council shall make a determination that such activity is not in conflict with the general law of the State of Florida. (e) Council approval. In the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility for greater than eight hours or after 11:00 p.m., or if a charge for admission, food costs, required donation or other fee is to be assessed, then the permit can only be issued upon approval of the City Council. (f) City Manager approval. Other than permits requiting Council approval, the City Manager shall issue a use permit for a Public-Use Facility upon a determination that the same is consistent with the public interest and in accordance with applicable law. The permit shall be conditioned upon compliance with all applicable laws and regulations, posting of a security deposit coveting potential expenses from clean-up and damage in an amount established by resolution of Council and, if the permitted activity requires the use of additional City resources, adequate provisions to off-set such associated costs. The Manager may impose such other reasonable conditions as are necessary to protect the public interests. (g) Appeal. ' A decision of the City Manager to deny, or to grant with conditions, an application made pursuant to this section may be appealed by the applicant to the City Council. The appeal shall specify the grounds for the appeal and shall be in writing filed with the city clerk and shall be heard at the Council's next regular meeting. The City Council shall affirm, reverse or modify the decision of the City Manager. The decision of the City Council shall be final. Section 9. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-9 which shall read as follows: Sec. 74-9. Claims against security deposit. All or part of the security deposit for any permit issued under this Article shall be forfeited to the City if it is determined by the City Manager that non-compliance with the terms of this Article or conditions of the permit occurred, or if damages to the facilities have occurred which can be attributed to the applicant. The City Manager is authorized to pro-rate the amount of estimated damages and shall return any amount of the deposit in excess of estimated damages. Damages are determined to be either physical destruction to the facilities or costs associated with specific clean-up attributable to the applicant. The decision of the City Manager may be appealed to the City Council. The City Council may affirm, reverse or modify the decision of the City Manager after considering the facts as presented by both the applicant and the City Manager. Section 10. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-10 which shall read as follows: Sec. 74-10. Permit rescission The City Manager is authorized to rescind any permit found in violation of provisions of this Article when it is deemed in the best interest of the public. Violations of any provisions of this Article may result in the forfeiture of the security deposit as provided above. The decision of the City Manager may be appealed to the City Council. The City Council may affirm, reverse or modify the decision of the City Manager atier considering the facts as presented by both the applicant and the City Manager. Section 11. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 12. SEVERABILITY~ In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 13. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. .~~e. foregoing Ordinance was moved for adoption ,/by. · The motion was seconded by Councilmember upon being~put to a vote, the vote was as follows: Councilmember and, Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of September, 2000. CITY OF SEBASTIAN, FLORIDA ATTEST: -~ C . City Clerk Halter Bhrnes, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer,