HomeMy WebLinkAboutCity of Tamarac Ordinance O-1978-032Introduced by: A;evx t, rw�I.dh
Temp. Ord. 550
Rev. 5/10/78 CC
Rev. 5/24/78 CC
1 CITY OF TAMARAC, FLORIDA
2 ORDINANCE NO. 0 - g - .�
3 AN ORDINANCE OF THE CITY COUNCIL OF TAMARAC
FLORIDA, TO PROVIDE FOR THE REGULATION OF THE
4 USE OF PARKS AND PARK PROPERTY OWNED AND
MAINTAINED BY THE CITY OF TAMARAC.
5
6 WHEREAS, it is hereby found and determined by the City
7 Council of the City of Tamarac, Florida, that the public interest,
8 convenience, health, welfare and safety require that the use of parks
9 and park property owned and maintained by the City of Tamarac be
1.0 regulated in order that all persons may enjoy and make use of such
11 parks and park property; and,
12 WHEREAS, such regulations will protect the rights of
13 those owning property adjacent to such parks; and,
14 WHEREAS, such regulations shall promote proper conduct
15 and use of said parks for the benefit of all present and future City
16 residents; now, therefore,
17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
18 TAMARAC, FLORIDA:
19 Section 1. A. DEFINITIONS. For the purposes of this
20 ordinance, the following terms, phrases, words and their derivations
21 shall have the meaning given herein:
22 (1) "Department" means the Tamarac Department
23 of Parks and Recreation.
24 (2) "Director" means the Director of the Parks
25 and Recreation Department.
26 (3) "Law Enforcement Officer" means any member
27 of the Tamarac Police Department authorized to enforce
28 all criminal and traffic laws and ordinances within the
29 City of Tamarac.
30 (4) "Park" means any public park, recreation
31 or playground area, or building or facility thereon,
32 within the City of Tamarac owned and maintained as a
33 public park, whether or not such areas have been formally
34 dedicated to such purpose.
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(5) "Park Watchman" means any employee of
the City of Tamarac authorized to enforce this ordinance
within park boundaries.
(6) "Permit" means the written permission
that must be obtained from the Director or his designated
agent to carry out a given activity in a park.
(7) "Person" means any person, firm,
partnership, association, club, corporation, company or
organization of any kind.
(8) "Vehicle" includes any wheeled device of
conveyance, whether propelled by motor, animal or human
power. The term shall include any trailer in tow of any
kind, size or description. Exception is made for baby
carriages and vehicles in the service of the City of
Tamarac.
Section 2. Control of Vehicles.
A. Vehicles and Traffic Laws
All applicable state and local vehicle and traffic
laws and ordinances shall continue in full force and
effect in any park.
B. Operation of Vehicles Within Parks
(1) No person shall operate a vehicle in a park
except upon designated paved or improved park roads or
driveways, or in and upon designated areas or trails set
aside for use by such vehicles, unless directed by a law
enforcement officer or park watchman to do so, or by
official signs or markings.
(2) No person shall operate a vehicle within a park
in excess of fifteen (15) miles per hour, except upon
these roads or driveways where official signs or markings
designate a different speed limit.
C. Parking
(1) No person shall park a vehicle on park property
other than in areas designated for parking that type of
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vehicle, unless there is an emergency or unless directed
to do otherwise by a law enforcement officer or a park
watchman. Parking shall conform to officially posted
signs or markings unless other instructions are given by
a law enforcement officer or a park watchman.
(2) No vehicle shall be left standing or parked
at night within a park without lights clearly visible
front and rear for at least two hundred (200) feet,
except in designated parking areas.
(3) No vehicle shall be left parked on park
property after park closing hours without obtaining a
permit from the Director.
Section 3. Park Property'
A. Buildings and other Property.
No person shall in any park do or cause to be done
any of the following:
(1) Wilfully mark, deface, or injure in any
manner, or displace, remove, or tamper with any park
building, bridge, table, bench, fireplace, railing,
paving or paving materials, water line or other public
utility or parts thereof, park sign or marking
whether temporary or permanent, monument, stake, post,
or other structure or equipment, facility, or park
property of any kind.
(2) Wilfully dig, cut, move or remove from any park
or park area any sand, wood, turf, grass, gravel, shrub,
or other material, or make any excavation by hand,
tool, equipment, blasting, or other means.
(3) Construct or erect any building or structure
of any kind, whether permanently or temporary, or
run or string any public and/or private utility into,
upon or across a park.
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B. Trees, Shrubbery, Lawns
No person shall in any park do or cause to be done
any of the following:
(1) Wilfully pick, saw, chop, cut, carve, remove,
or injure any flowers, seeds, blooms, bark, branches,
twigs, or leaves of any tree, plant, shrub, vine,
bush, or any other vegetation.
(2) Wilfully drive any nail, staple, or attach
or fasten any wire, rope, other device to any tree or
plant, or tie or hitch any animal to any tree or
plant.
(3) Wilfully dig in or disturb any grass areas,
or in any way injure or impair the natural beauty or
usefulness of any park area.
(4) Wilfully climb any tree, or walk, stand or
sit upon any monument, vase, fountain, railing, fence
or any other park property designated or normally used
for such purpose.
(5) Wilfully bring in or dump, deposit, or leave
any bottles, broken glass, ashes, paper, boxes, cans,
dirt, rubbish, waste, garbage, or refuse, or other
trash; but shall place same in the proper receptacles
when these are provided; when 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.
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RPr.tinn 4. Recreational Activities
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A. Firearms and Dangerous Instruments
(1) No person except an authorized Tamarac
employee, park watchman, or law enforcement officer,
shall bring onto park property or have in his
possession on park property any firearm or ammunition,
any explosive, dynamite cap, fireworks, airgun,
pellet gun, spring gun, slingshot, cross bow, bow and
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arrow, any device by means of which a projectile can be propelled,
any device which can be loaded with blank cartridges, any trapping
device, any incendiary bomb or material, any smoke or stink bomb, any
tear gas or other disabling chemical or agent, any acid or caustic
substance, or any flammable liquid except fuel contained in the
fuel tank of a motor vehicle.
(2) No person shall discharge any of the weapons or
instruments listed in Section C (1) into any park from outside a park.
(3) The Director may designate areas within a park
where bows and arrows -can be used, or where firearms can be used.
In such cases, the Director shall promulgate regulations for the safe
use of such devices, and no person shall fail to abide by such
regulations.
(4) The Director may designate times and places where
fireworks can be used within a park. The Director shall promulgate
regulations to assure that in such cases the fireworks are used in a
safe manner.
B. Picnic Areas and Use
(1) The Director shall designate those areas of a
park where picnicking is permitted. No person shall
picnic other than in a designated area.
(2) Picnickers shall not leave a picnic area before
all trash in the nature of boxes, papers, cans, bottles,
garbage and other refuse is placed in a disposal recep-
tacle, where provided. If no trash receptacles are
available, then refuse and trash shall be carried away
from the park area by the picnicker to be properly disposec
of elsewhere.
C. Fires
(1) No person shall start or maintain,, in any park,
any outdoor fire.
D. Animals and Pets
(1) No person in a park shall:
a) Have been responsible for the entry of a dog
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or other domestic animal into areas other than automobile
parking concourses and walks immediately adjacent thereto,
and in such other areas as may be clearly marked by signs
bearing the words "Domestic Animals Permitted in This
Area". Animals shall not be allowed to run loose, but
shall at all times be restrained or kept on a leash not
more than eight (8) feet in length.
b) Abandon any animal in the park.
(2) The prohibitions of this section shall not apply
to.
a) Horses or dogs used by a law enforcement
officer, park watchman in the performance of his
duties.
b) Seeing -eye dogs used by a visually handicapped
person provided that the dog is at all times kept
under control.
c) Animals or fowl kept by the Department or
under its direction.
F. Games
No person in a park shall take part in the playing of
any games involving thrown or otherwise propelled objects such as
balls, frisbees, stones, arrows, golf balls, javelins, kites, or
model airplanes except in areas set apart for such forms of
recreation. The playing of organized games such as football, base-
ball, and the like, is prohibited except on fields, courts, or areas
designated for such use, or as directed and permitted by the Director
or his authorized representative.
Section 5. Nuisances and Behavior
A. Alcoholic Beverages
No person shall bring into, consume or sell alcoholic
beverages in a park.
(1) Alcoholic beverages may be consumed at family or
group picnics or functions provided a permit for such
consumption is obtained.
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B. Drunkenness
No intoxicated person shall enter, be or remain in
any park, and any such persons so found in a park shall be removed
and referred to the proper authority-
C. Production of Permits
No person in a park shall refuse or fail to produce
and exhibit any permit he claims to have upon the request of any
enforcement officer, park watchman, or other authorized park employee
who wishes to inspect the permit for the purpose of determining that
the provisions of this ordinance have been complied with.
Section 6. Permits
A. Permits Required
In addition to any other provision of this Ordinance
that requires the obtaining of a permit prior to engaging in a
given activity, no person in a park shall conduct, operate, present,
manage, or take part in any of the following activities unless a
permit is obtained prior to the start of the activity.
(1) Any picnic, outing, or gathering sponsored by any.
person or composed of,twenty (20) or more persons.
(2). Any contest, exhibit, dramatic performance, play,
motion picture, radio or television broadcast, fair, circus,
musical event, or any similar event.
(3) Any public meeting, assembly, or parade, including
but not limited to, drills, maneuvers, ceremonies, addresses,
speeches, sports contests, practices, or political meetings.
(4) Any use of any park facility by a certain person or
group of persons to the exclusion of others.
B. Application Procedure
(1) A person seeking the issuance of a permit to carry
on an activity in a park shall file an application on the appropriate
form supplied by the Department with the designated representative
of the Director and provide such information as shall be required
by the Director.
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(2) Application shall be filed not less than three (3) days nor more
than ninety (90) days before the date of the proposed use or activity.
(3) Fees for use and activities may be established by the City
Council by resolution. Where such fees are required they shall be collected by
the Director or Director's designee prior -to the issuance of a permit.
C. Standa ads for Issuance of Permit
(1) The Director shall issue a permit unless he finds:
(a) that the proposed activity or use of the park will
unreasonably interfere with or detract from the general public use and enjoyment
of the park; or,
(b) that the proposed activity or use of the park will
unreasonably interfere with or detract from the public health, safety or welfare;
or,
(c) that the conduct of the proposed activity or use is
reasonably likely -to result in violence to persons or property resulting serious
harm to the public; or,
(d) that the proposed activity or use will entail an extra-
ordinary expense or operation by the City; or,
(e) that the facilities desired have been reserved for another
activity or use at the day and hour requested in the application.
(2) The Director may impose reasonable conditions or restrictions on
the granting of a permit, including, but not limited to, any of the following:
a) Restrictions on fires, fireworks, amplified sound, use of
alcoholic beverages, _ dan-,_ sports, use of animals, equipment
or vehicles, the number of persons to be present, the location
of any bpdstand or stage or and other use which appears likely- to
create a risk of unreasonable harm to the use and enjovmen_t_of. the _-.
park by others, or of damage to park property.
b) A requirement that the applicant post a reasonable deposit of
security for the repair of any damage to park property, or the
cost of cleaning up, or both;
c) A requirement that the applicant pay in advance a reasonable
fee to defray the cost of furnishing adequate security forces by
the Department at the proposed use or activity;
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d) A requirement that the permittee furnish additional sanitary
and refuse facilities that might be reasonably necessary, based
on the use or activity for which the permit is being sought;
e) A requirement that the applicant furnish a Certificate of
Issuance in amounts prescribed to provide adequate coverage for
the protection of the City and park property.
(3) Permits shall not be transferrable without the written consent of
the Director.
(4) A permittee shall be bound by all park rules and regulations and
all applicable ordinances fully as though the same were inserted in
his permit.
(5) The person or persons to whom a permit is issued shall be liable
for any loss, damage or injury to any person or property whatever by
reasm of the negligence of the person or persons to whom such permit
was issued. The City of Tamarac, shall in no way be held responsible
for the action of any individual or group. Issuance of a permit shall
not be interpreted as a shared liability on the part of the City.
(6) The Director shall have the authority to revoke a permit upon
finding of violation of any rule or ordinance, or upon the violation
of any condition or restriction under which the permit was issued.
Section 7. Park Operating Policies
A. Hours
As a general rule, parks shall be open to the public every day
of the year between the hours of 8 AM and 9 PM or sundown, whichever occurs first.
However, the Director may extend or reduce these hours for any park or portion of
any park. No person ahall enter, be, or remain in any park after park closing
hours unless a permit has been obtained.
B. Closed Areas
Any section or part of any park may be declared closed to the
public by the Director at any time and for any interval of time, either
temporarily or at regulax and stated intervals (daily or otherwise) and 'either or
merely to certain uses, as the Director shall find reasonably necessary.
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C. Powers of the Director
The Director shall have the power to make, from time to time,
such reasonable rules and regulations as are necessary to manage, use, preserve,
and govern park property and activities.
D. Concession Rights
The City reserves the right to control, regulate, permit, or
prohibit any individdal or group from offering food or drink in apy-part of
the park whether by direct sale or donation.
E. Ejection from Park
Any person found violating any provision of this chapter may
either be ejected and/or arrested by a law enforcement officer.
F. Penalties
Any person convicted of violating the provisions of this
chapter shall be punished by a fine not less than Fifty Dollars ($90.00) but not to
exceed Five Hundred Dollars ($500.00), or by impraisonment not exceeding ninety
(90) days, or by both.
- Section 8, Severability
If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by any Court
of competent jurisdiction, such portion shall be deemed a separate..,: distinct, and
independent provision and such holding shall not affect the validity of the re-
maining portions of this ordinance.
Section 9. Authority to Codify
Specific authority is hereby granted to dodify this ordinance.
Section 10. Effective Date
This ordinance shall become effective immediately upon its
adoption.
PASSED FIRST READING this /D VA_ day of 1978.
PASSED SECWD READING this Wj�%.._ day of 1978.
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Temp. Ord. 550
Rev. 5 10/78 CC
REV. 5 /78 CC
R
ATTEST:
lfcof& of
�" .. MAYQR W, FAj(X b$
CI Q,ERK VfM H. MASSARc3
C/M H. WIENER
GM I.M. ptSRAELI,Y
I HERESY CERTIFY THAT I HAVE APPROVED QM M, KIIKA /1,1- d
THE FORM AND CORRECTNESS OF THIS ORDINANCE.
ITX ATTORNEY
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VOTE
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