BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NO. 639

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1 BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NO. 639 AN ORDINANCE AMENDING CHAPTER 17, BEACHES, PARKS, RECREATION, GENERAL ORDINANCES, MARTIN COUNTY CODE; AMENDING PENALTIES TO REFER TO STATE STATUTES; PROVIDING FOR COOPERATION WITH LOCAL, STATE AND FEDERAL AGENCIES; AMENDING DEFINITIONS; AMENDING RULES AND REGULATIONS FOR BEACHES, PARKS AND CAMPING FACILITIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION. WHEREAS, the Board of County Commissioners of Martin County, Florida is authorized by Chapter 125, Florida Statutes, to adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, the Board finds it is in the best interest of the citizens of Martin County to amend the rules and regulations to protect the health, safety and welfare of the citizens of Martin County; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA THAT: PART ONE: Chapter 17, Beaches, Parks and Recreation, is amended as follows: Chapter 17 BEACHES, PARKS AND RECREATION ARTICLE I. IN GENERAL 1

2 Sec Authority of Commission to establish, acquire and operate public parks and recreation systems. The Board of County Commissioners of Martin County, Florida, is hereby authorized and empowered to establish, acquire and operate public parks and recreational systems, including golf courses, bathing beach or beaches, swimming pool or pools and all properties and equipment incident, useful or necessary therefor, and to designate, acquire and improve, extend, operate and maintain lands, buildings and other facilities for public parks, parkways, playgrounds, recreational centers and for other recreational purposes, including the acquisition and operation of golf courses, bathing beach or beaches, swimming pool or pools and to conduct a program of recreational activities as hereinafter provided. Sec Commission to have custody, control and management of parks and recreational systems; general powers in respect thereto. The Board of County Commissioners of Martin County, Florida, shall have the custody, control and management of all real and personal property heretofore or hereafter designated or acquired by such County for parks, parkways, playgrounds, recreational centers and for other recreational purposes, and may: 17.2.A. Plan, lay out, improve, develop, embellish, preserve and maintain all such parks, parkways, playgrounds, golf courses, bathing beach or beaches, swimming pool or pools and recreational centers and facilities; 17.2.B. Construct and reconstruct, alter and renew buildings and other structures and facilities and equipment and maintain the same; 17.2.C. Employ and fix the compensation of qualified superintendents, engineers, architects, recreational directors, play leaders and such other officers or employees as may be deemed necessary; 17.2.D. Provide, conduct and supervise the program of recreational activities; 17.2.E. Charge and collect reasonable fees for the use of such facilities, privileges and conveniences as may be provided; 2

3 17.2.F. Operate revenue facilities and accommodations in and upon properties owned and controlled by said County for the purposes aforesaid and to rent out the same upon such terms and conditions as are deemed to be in the public interest G. Establish Citizens Advisory Boards as deemed necessary H. Permit for the exclusive use of facilities. Sec Authority of Commission to promulgate rules and regulations; scope of rules and regulations; manner of adoption. In the operation and maintenance of the facilities authorized by this article, the County Administrator or designee of said The Board of County Commissioners may make, alter, amend and repeal rules and regulations for the protection, regulation and control of all parks, parkways, playgrounds and recreational centers and other property under its control for the purposes herein authorized and for determining whether and to what extent the paths, roads and driveways (other than public highways) within such parks, parkways, playgrounds and recreational centers and recreational facilities shall be used for traffic by vehicles and different classes of vehicles and for regulating the speed of such vehicles. Sec Penalties. Violation of rules and regulations. Any person violating any rule and/or regulation made and promulgated in pursuance of section 17.3 of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law for the punishment of misdemeanors. Violation of any provision of this Chapter is a misdemeanor pursuant to Section , Florida Statutes, and may be punishable by imprisonment for up to sixty (60) days or a fine of up to $500, or both. Sec Cooperation with other municipalities; the Martin County School District and other public agencies. The Board of County Commissioners may join in or cooperate with any municipality, or the Martin County School District, and or any other federal, state, or local agency public agencies of said County and in acquiring, operating and maintaining parks, parkways, playgrounds and recreational centers and facilities authorized by this article and make such contracts and agreements with any municipality, or the Martin County School District, and or any other federal, state, or local agency public agencies 3

4 in said County, or with any designated agency or board of any municipality for the operation of the activities and facilities authorized by this article. Sec Tax levy authorized; amount; manner of assessment and collection; use of revenues. The Board of County Commissioners, in order to establish, acquire, operate and maintain the facilities authorized by this article and the lands on which the same may be established is authorized to levy and collect a tax not to exceed one third of one mill on the dollar per annum on the assessed valuation on all taxable property in such County, the assessment, levy and collection of said tax to be made in the same manner and at the same time as provided by law for the assessment, levy and collection of other taxes of said County for such purpose, and to use the revenue so derived from such tax, together with such fees and revenues that may be derived from the operation of any such facilities, towards the establishment and maintenance of such facilities. The purposes for which said Board of County Commissioners is hereby authorized to establish and maintain and the levying of a tax for the acquiring of the necessary lands and the operation and maintenance of the facilities authorized hereby, are hereby expressly recognized and declared to be for a public purpose. Sec Prohibition of motor vehicle traffic on public beaches in County A. The Board of County Commissioners of Martin County may adopt rules and regulations limiting, restricting, controlling or prohibiting the operation of motor vehicles upon any and all or any part of the public beaches in the unincorporated areas of Martin County B. As used in this section: Motor Vehicles means every device, which is propelled by power (other than muscular power), in, upon or by which any person or property is or may be transported, excluding any device used to assist a disabled person as defined pursuant to the Americans with Disabilities Act or Florida Statutes. Public beaches means all that part of the shore of the Atlantic Ocean in said County extending from the line of vegetation to the waters of the Atlantic Ocean C. It is unlawful, for any person to operate a motor vehicle upon the public beaches in the unincorporated areas of Martin County or any part thereof. All-terrain 4

5 vehicles operated by employees or agents of Martin County Board of County Commissioners are allowed for the maintenance and monitoring of beaches D Any person violating any of the rules and regulations adopted by the Board of County Commissioners pursuant to this section is guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Sec Definitions. The following terms when used in this chapter shall have the meanings ascribed to them in this section: Commercial vehicle or truck: A vehicle used for conducting a commercial enterprise. County Administrator: The administrative head of Martin County who has the powers and duties set forth in F.S County Park: Any facility or real property managed by the Martin County Parks and Recreation Department. County Staff: An employee of the Martin County Board of County Commissioners. Cultural Resource: Any item, area or artifact of historical or cultural significance. Designated surf fishing area: Area on a full-service beach park identified by flags or signs and restricted to surf fishing only. Designated swimming area: Area on a full-service beach park identified by flags or signs and extending no more than three hundred (300) feet east of the water line that is restricted to swimming only while under supervision of lifeguards. Designated surfing area: Area on a full-service beach park identified by flags or signs that is restricted to surfing only while under the supervision of lifeguards. Full -service beach park: A Martin County public beach having most or all of the following amenities; lifeguards, rest rooms, showers, some athletic facilities, picnic area, concessions, parking, dune crossovers, and other facilities. 5

6 Guarded Area: That area that is available for designation as a swimming area while lifeguards are on duty. Lifeguards: The County staff responsible for public safety on the beaches under the control and jurisdiction of the Board of County Commissioners of Martin County, Florida. These County staff shall be subject to the control and direction of the County Administrator and the Director of Emergency Services. Parking area: Any designated part of any park road, drive or special area contiguous thereto that may be set apart for the standing or stationing of any vehicles. Park Patron: A person visiting or using a park facility. Person: The word "person" includes natural persons, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups and combinations. Public beach access strip: A Martin County public beach generally having no lifeguard services and limited parking, dune crossovers, and other facilities. Significant wave height: The average height of the face of the largest one-third of the breaking waves. Surfing: Paddling, sitting on, riding or sailing a hard surfboard, sailboard, hard body board, skimboard or similar device. Swimming: Swimming, floating, wading, snorkeling, riding soft or inflatable flotation devices, or other similar activities. Sec Rules and regulations for Martin County Parks A. The rules and regulations for Martin County Parks, including all parks, beaches, and beach access strips, and all other facilities or real property managed by the Martin County Parks and Recreation Department, are established as follows: 6

7 1. All beaches, beach access strips, causeways and fishing piers shall be open twenty-four (24) hours a day, except as necessary for the public health, safety or welfare. Any gates at entrances to any beach, beach access strip, causeway or fishing pier may only be closed when necessary for the public health, safety or welfare. All other County parks shall be open from 7:00 a.m. until 11:00 p.m., unless otherwise posted. 12. It shall be unlawful for any person: a. To park vehicles in any County park except in designated areas. b. To light a fire in any County park except in designated fixtures. c. To set off fireworks in any County park, unless expressly permitted in writing by the County Administrator or his designee. d. To drive a motor vehicle in any County park, except in designated areas. e. To have a firearm(s) in any County park, unless authorized pursuant to Florida Statute f. To have glass containers in any County park. g. To camp overnight in any County park except in designated camping areas, and with a proper permit. h. To dive from any structure in any County facility, except in designated areas at pool facilities. i To dump illegally in any County park. j. To golf in undesignated areas in any County park. k. To trespass or encroach on park property. l. To have a horse or horseback ride in any County park except in designated areas. No horses or horseback riding is permitted on beaches or causeways. 7

8 m. To use County boat ramps for any other purpose, than except for launching boats and for fishing while the boat ramp is not being used by boaters. Dockage of boats at County boat ramps is prohibited, except during the launch or retrieval of the boat. Use of County docks or boat ramps for commercial purposes is prohibited without express written authorization by the County Martin County Parks and Recreation Department. n. To disturb, destroy, remove or damage any cultural or natural resource including vegetation in any County park. o. To molest, harm, hunt, kill, trap, frighten, chase or shoot any animal in any County Park unless authorized by the Martin County Parks and Recreation Department or Martin County Sheriff's Office. p. To consume alcoholic beverages in any County park or in any right-of-way adjacent thereto, except in Hobe Sound Beach, Bathtub Beach, Stuart Beach, Jensen Beach, Sandsprit Park, Stuart Causeway, and Jensen Causeway, and beach access strips, and then only during designated hours. Alcoholic beverages are permitted in Timer Powers Park and Indian RiverSide Park only with prior written approval of the Martin County Parks and Recreation Department. r. To use any County park for any purpose between the hours of 11:00 p.m. and 7:00 a.m. unless otherwise posted or permitted. sq. To use a cast net at Indian RiverSide Park. tr. To enter posted protected seagrass areas by Bboats and or personal water craft are prohibited from entering protected seagrass areas as posted. us. To skateboard, skate, in-line skate, bicycle, use a scooter (motorized or non-motorized) or use a golf cart, except in designated areas or if used to assist a disabled person as defined pursuant to the Americans with Disabilities Act or Florida Statutes. 23. It shall be unlawful for any person to sell, or to offer for sale to any person, any product, or service without the proper permits from Martin County Health Department and Martin County Parks and Recreation Department. Vendors 8

9 with permits may sell food and non-alcoholic beverages for immediate consumption by persons in attendance in any park. reference. 34. F.S is hereby adopted and incorporated in this Code by 17.9.B. Any rules or regulations may be waived by the Board of County Commissioners by application for a good cause shown C. Additional rules and regulations for camping facilities. All other park rules and regulations under Section 17.9 shall apply unless otherwise specifically provided for herein: 1. A County permit must be obtained to spend the night in any County camping facility. 2. A maximum of thirty (30) days of camping in any County camping facility per person per County fiscal year is allowed. 3. Renewals must be made by 6:00 p.m. 4. Juveniles, Persons under the age of eighteen (18), are not permitted camping privileges unless accompanied by an adulta person (eighteen (18) years old or over) for the length of the camping period. 5. No camping is allowed in areas posted with "No Camping" signs. 6. Boat docks are for loading and unloading only. 7. The person registering is responsible for seeing that all members of his or her party and guests obey the park rules. 8. Campers are responsible for opening and closing the gates for their visitors. 9. No loud noises, loud radios or loud stereos are allowed after 10:00 p.m. All generators must be turned off at 10:00 p.m. 10. Washing dishes in restrooms or shower buildings is not permitted. 9

10 11. Trash and garbage shall be placed in designated containers and deposited at designated dump stations. Dumping trash or garbagewastebaskets in restrooms or shower buildings is not permitted, dump stations are to be used. 12. Riding on motorized minibikes after sundown is prohibited. Motorcycles must be operated slowly and quietly. 13. Campfires are permitted in designated fixtures with permission of the park attendant, but chopping of trees and vegetation is not allowed. 14. Fees for campsites per night for residents and non-residents shall be set from time to time by resolution of the Board of County Commissioners. 15. If camping fees are not paid within twenty-four hours (24) after the allocated register time, camping equipment will be stored at owners expense. 16. Failure to observe and comply with park rules will result in forfeiture of camping privileges D. Hobe Sound Beach, Stuart Beach, Bathtub Reef and Jensen Beach are full-service beach parks. The following additional regulations apply to all full-service beach parks: 1. Designated swimming, surfing, and surf fishing areas may be established at full-service beach parks, in the interest of user safety, while ensuring that other traditional recreational beach uses are accommodated. Designated swimming, surfing, or surf fishing areas shall be established based on historical patterns of use, natural conditions favoring such use, and public safety. Designated areas may be reduced or eliminated from hour to hour by supervising lifeguards due to changing conditions and consistent with other provisions in this section. 2. Designated swimming areas shall not extend further east than three hundred (300) feet of the water line. 3. Surfing in a designated swimming area is not permitted. A functional leash or similar device that connects the operator and his equipment is required in guarded areas. 10

11 4. No more than a total of fifty (50) percent of a full service beach may be designated as restricted for swimming only at Stuart Beach and Jensen Beach. Hobe Sound Beach and Bathtub Beach aremay be designated as swimming only beaches. 5. Swimming, surfing, or surf fishing areas, if designated, should be dynamic based upon such factors as tide, rock outcroppings, direction of ground swell, sand buildup, littoral drift, weather and other factors affecting suitability and demand. 6. In the interest of safety, beach use designation restrictions should not apply for temporary incursions into an area where strong currents or waves have forced an individual's brief and unintentional presence in that area. Lifeguard judgment may be exercised regarding an individual's safety and the threat to others. 7. An individual's deviation from these beach usage designation restrictions may be permitted by the responsible lifeguard when, in the lifeguard's judgment, no safety problem results from the deviation. 58. No dogs or other pets are permitted east of the dune line in guarded areas between 10:00 a.m. and 5:00 p.m. Dogs shall be permitted elsewhere in the park, so long as the dog is properly restrained pursuant to Section 9.91.A, Martin County Code of Ordinances. This provision shall not apply to guideservice animals assisting physically disabled persons as described in F.S defined pursuant to the Americans with Disabilities Act or Florida Statutes. 69. All persons using full-service beaches should observe posted safety notices and safety instructions of lifeguards No boating or use of personal water craft is permitted within three hundred (300) feet of the shore of any public beach, except for emergency rescue craft No launching of motorized boats or motorized personal water craft from the shore of any public beach is permitted, except for emergency rescue craft No fishing or spear fishing is permitted within a minimum of fifty (50) feet of designated swimming the guarded areas between 10:00 a.m. and 5:00 p.m. 11

12 17.9.I. Additional rules and regulations for New Monrovia Park 1. Entry to and use of the park, and loitering in the adjacent streets and rights-of-way, by the general public are prohibited during the hours of operation of the Residents Empowering All Childrens' Hope (REACH) Program. During the hours of operation of the REACH Program, use of the park will be limited exclusively to Program participants, parents or guardians of participants, Program employees and Program volunteer staff. 2. No Alcoholic beverages are allowed in the park or in any right-ofway adjacent thereto. 3. The park may not be used for any purpose between the hours of 11:00 p.m. and 7:00 a.m. 4. No glass containers are allowed in the park. Sec Traffic direction A. All law enforcement officers and such park personnel as are authorized and designated by the director of Parks and Recreation shall direct traffic whenever needed in the park areas and on highways, streets, or roads immediately adjacent thereto in accordance with the provisions of these regulations B. All persons shall observe and obey all traffic signs posted for proper traffic control. The speed limit in all parks is ten (10) miles per hour or as posted. Sec Parking A. No person shall park or station any vehicle in any zone designated and marked "No parking" or otherwise marked for restricted use B. No person shall park any vehicle exceeding twenty (20) feet in length in any parking space except those designated for boat trailer parking C. No person shall double-park any vehicle at any time or on any road or parkway or parking concourse unless so directed by an officer or park attendant. Secs Reserved. 12

13 PART TWO: PENALTIES. Violation of this ordinance is a misdemeanor pursuant to Section , Florida Statutes, and is punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to $500 or both such imprisonment and fine. PART THREE: CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of Martin County, Martin County ordinances, County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict except for ordinances concerning either adoption or amendment of the Comprehensive Plan, pursuant to Chapter 163, Part II, Florida Statutes, or land development regulations relating specifically to community redevelopment areas established pursuant to Chapter 163, Part III, Florida Statutes. PART FOUR: SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART FIVE: APPLICABILITY. This ordinance shall be applicable in the unincorporated area of Martin County. PART SIX: FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, The Collins Building, 107 West Gaines Street, Tallahassee, Florida, PART SEVEN: EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. 13

14 PART EIGHT: CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section", "article" or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts two through seven shall not be codified. DULY PASSED AND ADOPTED THIS 13th DAY OF JANUARY, ATTEST: MARSHA EWING, CLERK BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA DOUG SMITH, CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: STEPHEN FRY, COUNTY ATTORNEY 14