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4218 Park/facility rulesORDINANCE NO. 2010- 4218 An Ordinance of the City of Sanford, Florida relating to City parks and facilities amending Ordinance Number 2009 -4174; providing for the taking of implementing administrative actions such as the adoption of administrative rules; providing for enforcement; providing for definitions; providing for hours of operation and general use; providing for regulations relating to traffic, pollution, litter, protection of natural resources, firearms, fireworks, destructive devices, weapons, hunting, wildlife preservation and conservation, domestic animals, alcoholic beverages, trespass, fires, camping, signs, noise, defacement of trees and property, peddling, injury, protection of buildings and other property, interference with personnel, permitting, tobacco usage, pyrotechnics, fog, smoke, cooking, signage, gambling, solicitation, tents, other conduct, and other similar and diverse matters; providing for the establishment of fees; providing for the adoption of administrative rules which shall be enforced having the force of law; providing for penalties; providing for conflicts; providing for a savings provision; providing for severability; providing for codification and providing for an effective date. Whereas, the City Commission of the City of Sanford enacted Ordinance Number 2009 -4174 which is an Ordinance relating to City parks and rules relating to the regulation of City parks; and Whereas, the City of Sanford also owns and operates the various facilities for the use of, and by, the public; and Whereas, it is prudent and advisable for the City Commission of the City of Sanford to enact basic rules of conduct and operation relative to the facilities of the City such as, but not limited to, the Sanford Civic Center, the Westside Community Center, the Larry A. Dale Aquatic Center, the Historic Sanford Memorial Stadium Complex, the Eckstein Youth Sports Complex and the Pinehurst and Lee P. Moore Softball Fields, while leaving the day -to -day administrative operations of such, and other, facilities to the management of the City to implement; and M Whereas, it is also prudent and advisable for the City Commission of the City of Sanford to allow the City Manager, or designee, to adopt rules of conduct and operation relative to the parks and facilities of the City as well as such other parks and facilities as may be in need of regulation from time -to -time; and Whereas, the City Commission of the City of Sanford, Florida has the power and authority to create and establish the rules set forth herein, and the delegation of authority set forth herein, under the controlling provisions of State law such as, by way of example only, the provisions of Article VIII, Section 2 of the Constitution of the State of Florida and the provisions of Chapter 166, Florida Statutes, and the controlling case law of the State of Florida. Now, Therefore, Be it enacted by the People of the City of Sanford, Florida: Section 1. Parks And Facilities Defined. Section 1 of Ordinance Number 2009 -4174 is hereby amended to read as follows: City Parks and Facilities Defined. (a). As used in this Ordinance, the term "City Park" means land owned, maintained by the City of Sanford and designated as a "City Park" by a resolution or any land which has been dedicated for use as a City Park developed or undeveloped which has been accepted by the City Commission. Included in the definition of the term "City Park" are all natural resources, wildlife, facilities, improvements, waters and materials in, on or under the lands so designated. Properties in any system of trails owned by the City are intended to be designated as a City Park. 21Page (b). As used in this Ordinance, the term "City Facility" means land owned, maintained by the City of Sanford and designated as a "City Facility" by a resolution. Section 2. Hours Of Operation And General Use; Fees. Section 2 of Ordinance Number 2009 -4174 is hereby amended to read as follows: Hours Of Operation And General Use; Fees. (a). All City Parks and Facilities shall be open during such hours as are set forth by the City Commission by means of adoption of a resolution. (b). The City Commission may delegate, by adoption of a resolution, the power to establish hours of operations at the City Parks and Facilities or a particular Park or Facility or particular Parks or Facilities or particular areas of Parks or Facilities to the City Manager, or designee. (c). The City Manager may close any City Park or Facility or Parks or Facilities as deemed appropriate in the event of an emergency or an imminent threat to the public health, safety or welfare. (d). Persons using City Parks and Facilities do so at their own risk. (e). Adults are responsible for children that they bring to City Parks and Facilities or who are otherwise under their care, custody or control. (f). The City Commission shall establish by adoption of resolutions from time -to -time fees that are applicable to the various facilities, uses, programs and activities associated with the City Parks and Facilities. (g). The City may issue permits to allow activities and actions that are otherwise contrary to the provisions of this Section if the City determines that the activities and actions are consistent with the public interest. 31Page Section 3. Traffic. Section 3 of Ordinance Number 2009 -4174 is hereby amended to read as follows: Traffic. (a). The State Uniform Traffic Control Laws, Chapter 316, Florida Statutes, are incorporated by reference and made part of this Ordinance and shall apply to the operation of all motor vehicles, as defined in Chapter 316, on streets and roads in all City Parks, unless modified herein. Law enforcement officers and City employees are hereby authorized to direct traffic whenever necessary within the City Parks and Facilities. (b). It is prohibited and unlawful to operate, drive or park any motor vehicle or other vehicle upon any road, driveway, path, trail, parking area, or other area unless it has been designated for such use by the City. (c). It is prohibited and unlawful to cause any vehicle for hire to stand upon any part of a City Park or Facility for the purpose of soliciting passengers. (d). It is prohibited and unlawful to drive a vehicle at a rate of speed exceeding ten (10) miles per hour in any City Park or Facility unless the City has posted a greater speed limit. (e). It is prohibited and unlawful to park any vehicle in or on an area within a City Park or Facility which has not been designated for parking. (f). It is prohibited and unlawful to enter or exit from any City Park or Facility in any vehicle except at entrances and exits designated for such purpose by the City. 41Page Section 4. Pollution And Litter. Section 4 of Ordinance Number 2009- 4174 is hereby amended to read as follows: Pollution And Litter. (a). It is prohibited and unlawful to throw or place or cause to be thrown or placed, any litter, dirt, filth, or foreign matter into the waters of any lake, pond, pool, river, inlet, tank or reservoir in any City Park or Facility or on the grounds of any City Park or Facility . (b). It is prohibited and unlawful to cause any pollutant, as defined in Sections 206.9925 or 376.031, Florida Statutes, to be placed in or to otherwise pollute the lands or waters of a City Park or Facility. Section 5. Removal Of Natural Resources. Section 5 of Ordinance Number 2009 -4174 is hereby amended to read as follows: Removal Of Natural Resources. (a). It is prohibited and unlawful to remove any beach sand, whether submerged or not, any soil, rock, stones, plants, wood, flora, fauna or their materials from the City Park or Facility unless issued a general or specific permit to do so by the City for the purposes of educational activities or good husbandry. (b). It is prohibited and unlawful to cause or make any excavation by tools, equipment, blasting or other means or agency at a City Park or Facility unless issued a general or specific permit to do so by the City for the purposes of educational activities or good husbandry. 51Page Section 6. Firearms; Fireworks; Destructive Devices; Weapons; Potentially Dangerous Instrumentalities. Section 6 of Ordinance Number 2009- 4174 is hereby amended to read as follows: Firearms; Fireworks; Destructive Devices; Weapons; Potentially Dangerous Instrumentalities. (a). It is prohibited and unlawful to carry, fire or discharge any destructive device, explosive, weapon, or firearm, as those terms are defined in Sections 258.156 and 790.001 (including, however, in this prohibition, the items excepted as destructive devices and antique firearms), Florida Statutes, or any fireworks, as defined in Section 791.01, Florida Statutes, of any description, in a City Park or Facility. This provision shall not make it unlawful for a person to carry a concealed weapon or firearm when in possession of a license to do so in accordance with Section 790.06, Florida Statutes, and in a manner authorized by law; or to possess a firearm, weapon, ammunition and supplies for lawful purposes when a person is traveling by private conveyance and has securely encased the firearm, weapon, ammunition and supplies or is traveling in a public conveyance when the firearm, weapon, ammunition and supplies are securely encased and not in the person's manual possession. (b). The City may issue permits to carry firearms for events such as the reenactment of battles and military salutes if conditions are placed on such events such as, by way of example, the use of blanks. Law enforcement officers are hereby provided a general permit to carry issued firearms when in the course and performance of their lawful duties. 61Page (c). Bows and arrows, including, but not limited to, cross bows; paint ball guns; rockets; golf clubs; and radio controlled planes, boats, cars and helicopters are prohibited and unlawful in City Parks and Facilities unless authorized for particular City Park(s) in resolution adopted in accordance with this Ordinance. Section 7. HuntingMildlife Preservation And Conservation. Section 7 of Ordinance Number 2009 -4174 is hereby amended to read as follows: HuntingMildlife Preservation And Conservation. (a). It is prohibited and unlawful to harass, hunt, catch, harm, kill, trap, shoot, shine lights at or throw missiles at any animal, reptile or bird in any City Park or Facility. (b). It is prohibited and unlawful to use nets to catch fish in any publicly owned body of water or within any City Park or Facility. (c). It is prohibited and unlawful to use trot lines to catch fish in any publicly owned body of water or within any City Park or Facility. (d). It is prohibited and unlawful for a person to remove or have in his or her possession any wild reptile, bird or animal or the eggs or nest of young reptile or bird which is or was located in a City Park or Facility. (e). It is prohibited and unlawful to introduce into or leave any wild animal into or at a City Park or Facility. (f). The City may issue permits to allow activities and actions that are otherwise contrary to the provisions of this Section if the City determines that the activities and actions will be accomplished for management, scientific or husbandry purposes and are consistent with the public interest. 7 1Page Section 8. Domestic Animals. Section 8 of Ordinance Number 2009 -4174 is hereby amended to read as follows: Domestic Animals. (a). It is prohibited and unlawful to allow any pet or domestic animal, as defined in Sections 585.001 and 823.041, Florida Statutes, under a person's care, custody or control into any City Park or Facility unless the rules promulgated by the City with regard to the particular City Park or Facility specifically authorize such animals to be present and, in the event of such rules being promulgated, a person may act in accordance with such rules. (b). It is prohibited and unlawful to abandon any domestic animal, as defined in Sections 585.01 and 823.041, Florida Statutes, into or at a City Park or Facility . (c). The rights of persons to use dog guides, service dogs or nonhuman primates of the genus Cebus, in accordance with the provisions of Section 413.08, Florida Statutes, shall not be violated or abridged by application of the provisions of this Section. Section 9. Alcoholic Beverages. Section 9 of Ordinance Number 2009- 4174 is hereby amended to read as follows: Alcoholic Beverages. It prohibited and unlawful for a person to possess or consume any alcoholic beverage or beverages, as defined in Sections 856.015 and 561.01, Florida Statutes, in any City Park or Facility unless a permit is issued by the City for a particular event occurring in a City Park or Facility. Section 10. Trespass. Section 10 of Ordinance Number 2009 -4174 is hereby amended to read as follows: Trespass. It is prohibited and unlawful for a person to enter or remain in a City Park or Facility without a permit when a City Park or Facility is closed or the person is barred from being present at the City Park or Facility. Section 11. Fires. Section 11 of Ordinance Number 2009 -4174 is hereby amended to read as follows: Fires. It is prohibited and unlawful to ignite, set or maintain any fire in a City Park or Facility including, but not limited to, the use of portable cooking equipment of whatever type or nature unless such fire is within an area designated for fires in signage and postings displayed at the City Park or Facility. Prohibited cooking equipment includes, but is not limited to, portable electric ovens, microwaves and warming trays. Prohibited items shall not apply to permanent cooking grills that are installed in a City Park or Facility which are available for public use. Section 12. Camping And Sleeping. Section 21 of Ordinance Number 2009 -4174 is hereby amended to read as follows: Camping And Sleeping.; Picnicking. (a). It is prohibited and unlawful to sleep, camp, lodge or park a vehicle overnight in a City Park or Facility without a permit or, upon obtaining a permit, to sleep, camp, lodge or park a vehicle overnight in areas not designated for such purposes in signage and postings displayed at the City Park or Facility. 91Page (b). It is prohibited and unlawful for any person at a City Park or Facility to picnic or lunch in a place other than those designated for that purpose by the City and, absent a permit being issued, the use of all tables, benches and improvements, as well as green areas shall be governed by the rule of "first -come, first - served;" provided, however that it is prohibited and unlawful for any person at a City Park or Facility to use any portion of areas available for picnics for the purpose of holding picnics to the exclusion of other persons, or to use such areas for an unreasonable time if the areas are crowded, except in those cases where prior reservations have been made with the City. Section 13. Signs /Defacement Of Trees, Etc. Section 13 of Ordinance Number 2009 -4174 is hereby amended to read as follows: Signs /Defacement Of Trees, Etc. (a). It is prohibited and unlawful to post or affix to any tree, shrub, plant, fence, building, structure, monument, wall, table, apparatus, bridge, post, bench, gate or any other physical object located in a City Park or Facility any sign, poster or printed matter without a City permit. (b). It is prohibited and unlawful to mark, deface, disfigure or injure any tree, building, equipment, property or any similar improvement of any type or nature located on a City Park or Facility. (c). It is prohibited and unlawful to mark, deface, disfigure, injure, tamper with or displace or remove, any building; bridges; tables; benches; fireplaces; railings; paving or paving material; water lines or other public utilities or parts or appurtenances thereof; signs, notices or placards, whether temporary or permanent; monuments; stakes; posts; or other boundary markers, or other 101Page structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal on a City Park or Facility. (d). It is prohibited and unlawful to 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 or to attach any rope, wire, or other contrivance to any tree or plant at a City Park or Facility. (e). It is prohibited and unlawful to dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area on a City Park or Facility. Section 14. Noise And Related Conduct. Section 14 of Ordinance Number 2009 -4174 is hereby amended to read as follows: Noise And Related Conduct. (a). It is prohibited and unlawful to play any musical instrument or audio amplification system in a City Park or Facility without a City permit. (b). It is prohibited and unlawful to use offensive, profane, obscene or foul language at a City Park or Facility. (c). It is prohibited and unlawful to engage in any activity in such a manner as creates a nuisance or disturbance in a City Park or Facility. Section 15. Peddling /Distribution Of Materials. Section 15 of Ordinance Number 2009 -4174 is hereby amended to read as follows: Peddling /Distribution Of Materials. It is prohibited and unlawful to engage in any commercial activity or sell or offer for sale any tangible or intangible stock, object, merchandise or thing, or III Page solicit for any trade, occupation, business or profession for any consideration within a City Park or Facility without a permit issued by the City. Section 16. Injuring, Interfering With, Etc., Buildings And Other Property. Section 16 of Ordinance Number 2009 -4174 is hereby amended to read as follows: Injuring, Interfering With, Etc., Buildings And Other Property. It is prohibited and unlawful to mark, deface, disfigure, injure, tamper with, displace or remove any building, bridge, table, bench, fireplace, railing, paving or paving material, waterline or other public utility or part or appurtenance thereof, sign, notice, or placard whether temporary or permanent, monument, stake, post, or other structure, equipment or any property or appurtenances of any type or nature whatsoever, located at a City Park or Facility. Section 17. Additional Rules. The following Rules are enacted in addition to those set forth in Ordinance Number 2009 -4174: (a). Closing time or permit expiration time means that any music and activity shall be stopped and clean up shall be completed and all activities and presence of persons shall cease with all property removed from the Park or Facility and it is prohibited and unlawful to fail to appropriately vacate a Park or Facility at closing time or permit expiration time. (b). Events that are planned by users and permittees may be cancelled by the City in the event of an exigent or emergency situation as determined by the 1 The enumeration of specific rules as set forth in this Ordinance and Ordinance Number 2009 -4174 do not, in any way, reduce the powers of the City Manager set forth in this Ordinance and Ordinance Number 2009 -4174 to promulgate and implement site - specific rules relating to specific Parks and Facilities. 121Page City, The City will notify all pertinent parties as soon as practicable and insofar as practicable. (c). If alcoholic beverages are authorized to be sold and purchased at an event, a Florida State liquor license shall be prominently displayed on the premises and a copy shall be provided to the City. In such cases when alcoholic beverages are allowed for use in a City Park or City Facility, the user must demonstrate that an off -duty law enforcement officer or multiple law enforcement officers will be present at all time, as approved by the City, and the presence of such law enforcement officer(s) shall be a condition of approval of the use of the Park or Facility. Documentation shall be required that the Park or Facility user has engaged law enforcement personnel in a binding manner and has paid for such services in advance. (d). Smoking and the use smokeless tobacco are prohibited and unlawful at all City Parks and Facilities unless specifically permitted by the City. (e). Pyrotechnics, fog, smoke, or bubble machines are prohibited and unlawful unless specifically permitted by the City. Users shall be responsible for all damages to the premises and any costs relating to responses to alarms. (f). The use of confetti, glitter, and /or throwing of rice is prohibited and unlawful; provided, however, that throwing bird -seed at a permitted event is allowed if thrown outside of the building and the area is fully cleaned after the permitted function. (g). The cooking of food is prohibited and unlawful except at City authorized or permitted locations using authorized or permitted means. 131Page (h). The use of push pins, staples, nails etc., on any wood surface or otherwise damaging City property is prohibited and unlawful. (i). It is prohibited and unlawful to announce, advertise or call the public attention in any way to any article or service for sale or hire in a City Park or City Facility unless specially permitted to do so by the City. (j). It is prohibited and unlawful to expose or offer for sale any article or thing, or to station or place any stand, cart, or vehicle for the transportation, sale or display of any such article or thing in a City Park or City Facility unless specially permitted to do so by the City. (k). It is prohibited and unlawful to paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, or to erect or cause to be erected any sign whatever on any public lands or streets adjacent to a City Park or City Facility unless specially permitted to do so by the City. (1). It is prohibited and unlawful to gamble, or participate in or abet any game of chance in a City Park or City Facility. (m). It is prohibited and unlawful to charge or solicit an entry fee or donation in a City Park or City Facility. (n). It is prohibited and unlawful to install, set up, place or establish a tent in a City Park or City Facility unless specifically to do so by the City. (o). It is prohibited and unlawful to disturb or interfere unreasonably with any person or party occupying any area or participating in any activity in a City Park or City Facility under the authority of a City permit. (p). It is prohibited and unlawful to fail to produce and exhibit any permit issued by the City which a person claims to have been issued when requested to 141Page do so by any authorized person who desires to inspect the permit for the purpose of enforcing compliance with any City code, ordinance or rule. Section 18. Promulgation Of Rules. Section 18 of Ordinance Number 2009 -4174 is hereby amended to read as follows: Promulgation Of Rules. (a). The City Manager is hereby authorized to adopt administrative rules supplemental to the provisions of this Ordinance that he or she deems necessary and appropriate to implement the provisions of this Ordinance relative to the use of City Parks or City Facilities and the violation of such rules shall constitute a violation of this Ordinance. (b). In addition to matters otherwise provided for in this Ordinance, the rules of the City may pertain to the appropriate and harmonious use of recreational facilities consistent with the multiple uses that will be authorized on such facilities, the location of particular recreational activities and other activities at City Parks or City Facilities, whether parks are to be used for active or passive recreational activities, access management with regard to traffic control and management within City Parks and City Facilities, the operation of motor vehicles and other forms of transportation within City Parks and City Facilities, pollution and litter within City Parks and City Facilities, the harming or removal of animals or natural resources within or from City Parks and City Facilities, the use of dangerous instrumentalities within City Parks and City Facilities, the use of alcoholic beverages within City Parks and City Facilities, hunting and fishing within City Parks and City Facilities, domestic animals within City Parks and City Facilities, use of City Park and City Facility property and the conditions relating thereto, 151Page trespass upon and disturbance within City Parks and City Facilities, disorderly conduct and loitering within City Parks and City Facilities, fires and illumination within City Parks and City Facilities, and such other related matters which address the protection of public property located in and good order in City Parks and City Facilities. It is prohibited and unlawful to violate any provision of this Ordinance or any rule of the City Manager implementing the provisions of this Ordinance. (c). The provisions of this Ordinance and the rules adopted by the City, or a sign or notice providing for the location of such documents, shall be posted at a conspicuous place in each City Park and City Facility. (d). A general condition of each permit to use a City Park and City Facility is that the permittee shall abide by and adhere to the provisions of this Ordinance and the rules promulgated by the City. (e). The City Manager shall regularly review, or cause to be reviewed, by his or her designee the use of and conditions within each City Park and City Facility in order to minimize public liability relating to City Parks and City Facilities. (f). The City Manager shall regularly review, or cause to be reviewed by his or her designee, the use and condition of each City Park and City Facility to ensure compliance with the Americans With Disabilities Act and other laws, rules and regulations where applicable. Section 19. Penalties /Other Remedies. (a). Violation of the provisions of this Ordinance or the rules promulgated by the City under the provisions of this Ordinance shall be punishable in accordance with the provisions of Section 1 -7 of the City Code. 161Page (b). The City may seek additional remedies for violations of the provisions of this Ordinance and the rules promulgated by the City to include any and all remedies authorized by State law such as, by way of example only, injunctive relief or debarment from the use of City Parks and City Facilities. Section 20. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section 21. Savings. The prior actions of the City of Sanford relative to the prior regulation of the City Parks and the Facilities of the City are hereby ratified and affirmed. Section 22. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 23. Codification. This Ordinance shall be codified in the City Code of the City of Sanford; provided, however, that Sections 20, 21, 22, 23 and 24 shall not be codified. The Code Codifier is granted broad and liberal authority to change section numbers in the current City Code and other appropriate actions as set forth in Section 1 -10 of the City Code. Section 24. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. 171Page Passed and adopted this 23rd day of August, 2010. City Commission of the City of Sanford, Florida Semi le County, Florida Linda kuhn, Mayo Attest: Janet Dougherty, Cit Clerk to form a ifliam L. Colbert, Eouird/ ty Attorney 0 'j1j) c // 6nzol 1�C/f 181Page Ned b � OAo� d 1� Clq► l�k ADMINISTRATIVE RULE IMPLEMENTING MATTERS RELATING TO APPLICATIONS FOR USE OF PARKS AND FACILITIES' :X 11. The Interim City Manager hereby adopts the following rules in W implementation of pertinent ordinances of the City of Sanford as codified in the Sanford City Code from time -to -time relating to the use of City parks and C " facilities: �'� (1). This rule applies to applications made relative to the use of City parks and facilities. (2). If the pertinent City staff determines that there is evidence which results in the conclusion that the granting of a permit to use a City park or facility would adversely affect the public health, safety, morals or welfare such member of City staff may deny the application, but shall state the reasons for the denial in writing and provide the written document to the applicant. (3). If the applicant is dissatisfied with the denial of the permit application and desires to appeal the decision, the applicant may file, within ten (10) days of the date of the permit application denial, a written appeal to the City Manager which written appeal must detail the reasons for the appeal and the basis upon which it is asserted that the decision of City staff should be reversed. The City Manager shall hear the matter de novo. (4). If the City Manager grants the appeal, the permit for which application has been made shall be issued by City staff based upon the written determination of the City Manager. If the City Manager sustains the decision of the City staff, the application shall continue to have been denied, but the City Manager shall state the reasons for the denial in writing and provide the written document to the applicant. The City Manager may adopt the reasons set forth by City staff for denial. (5). The applicant may appeal the determination of the City Manager to the City Commission who shall hear the matter de novo. The applicant may file a written appeal, within ten (10) days of the date of the decision of the City Manager. The applicant must detail the reasons for the appeal and the basis upon which it is asserted that the decision of the City Manger should be reversed. 1 See, Section 18 of Ordinance Number 2010 -4218 1 I Page (6). The decision of the City Commission shall be final and subject only to review by a court of competent jurisdiction. DATED this day of February, 2011. 1 Tom g Inter y Manager 21Page