Loading...
HomeMy WebLinkAboutO-2021-020 Amending Ch. 6 Beaches, Parks, Waterways and Recreation (Updating of Beach Codes Sections) executedORDINANCE NO. 2021-020 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 6, ENTITLED "BEACHES, PARKS, WATERWAYS AND RECREATION" OF THE CITY'S CODE OF ORDINANCES TO UPDATE CITY PARK AND BEACH RULES AND REGULATIONS, TO CLARIFY THE DEFINITION OF PARKS TO INCLUDE PARKING AREAS AND LOTS; TO CLARIFY PROVISIONS RELATING TO ANIMALS, INCLUDING DOGS; TO BAN BALLOONS; TO REQUIRE SPECIAL EVENT PERMITS FOR CERTAIN LARGE GATHERINGS; TO BAN LOUD, AMPLIFIED MUSIC; TO PROTECT SAND DUNES; TO PROHIBIT THE USE OF DRONES; TO PROHIBIT THE VENDING OF ANY ITEMS IN PARKS WITHOUT A CITY PERMIT, TO PROHIBIT LAUNCHING AND LANDING OF VESSELS FROM AND UPON THE BEACH; TO CLARIFY RESTRICTIONS RELATING TO TENTS, CANOPIES AND UMBRELLAS; TO PROVIDE FOR REGULATIONS PERTAINING TO KAYAKS AND PADDLE BOARDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 6 of the City's Code of Ordinances regulates the City's beaches, parks, waterways and recreation WHEREAS, the City desires to update its rules and regulations relating to use of the beach and parks to ensure that the beach and parks can be enjoyed safely by all patrons; and WHEREAS, the City Commission wishes to amend existing sections of the Code of Ordinances to ensure a safe and peaceful use of parks and the City beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1: That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and they are incorporated into this Ordinance. Section 2: That Chapter 6, "Beaches, Parks, Waterways and Recreation", Article 1, "In General", of the City Code of Ordinances is amended to read as follows: CHAPTER 6 BEACHES, PARKS, WATERWAYS AND RECREATION ARTICLE 1. IN GENERAL Sec. 6-1. Park defined. For the purposes of this article, a "park" shall mean any real property owned by or under the control of the Ceity, intended primarily for use by the public for recreation or relaxation. The term "park" shall also include but not be limited to parking areas and lots used for parks, the Ocean Park beach recreation area, as well as the beach parking areas, including the beachfront parking lot and the marina parking area. See. 6-2. Hours for park, recreational facilities. It shall be unlawful for any person to go to, meet at, go upon, trespass upon, congregate at or assemble at any public park except the beach, owned or operated by the Ceity or at any recreational facility owned or operated by the Cc-ity at any time of any day during the period beginning at sunset of any day and ending at sunrise of the following morning unless such person is a spectator at, or participant in, a recreational activity being conducted in the public park or at the recreational area under the authority of a written permit or other authorization issued by the Ceity Mmanager or his designee. Additionally, it shall be unlawful for gLny person to be present, go to, meet at, go Lipon, trespass Lipon, congregate at or assemble at M public park, including the Ocean Park beach, at times of emergency closure, whether due to a weather event, public health matter or other cause when the park, the beach, or both are closed. See. 6-2.1. Hours of public Ocean Park beach use. It shall be unlawful for any person to be present, go to meet at, go upon, trespass upon, congregate at or assemble at the.Ocean Park public beach and parking areas owned or operated by the Qc-ity at any time of any day during the period beginning at 11:00 p.m. of each night and ending at 7:00 a.m. of the following morning unless such person is a restaurant patron, spectator at or participant in a recreational activity being conducted at or on the public beach authorized by the Ceity or at the recreational area under the authority of a written permit or other authorization issued by the Ceity Mmanager or designee. 2 ORDINANCE #2021-020 See. 6-3. Duty to leave when commanded. Without regard to whether a person may have initially entered the area of any public park or the Ocean Park beach, including the pier, owned or operated by the Ceity or any recreational facility owned or operated by the Geity in order to be a restaurant patron, spectator at, or participant in, a recreational activity being conducted in the park or at the recreational area or the beach under the authority of a written permit or other authorization issued by the Ceity Mmanager or designee, and without regard as to the particular hour of the day, it shall be unlawful for any person3 or persons3 to remain upon the grounds or areas of any public parkrecreation area or the beach owned or operated by the Geity or at any recreational facility owned or operated by the C'eity after such person� or persons3 have been commanded by an order of the Mmayor, a" eivy ea i i , any police officer, the Ccity Mmanager or designee-i (e.g., including but not limited to park and recreation personnel or a lifeguar marine r-esette effiee to leave the grounds or areas of the beach, ,public park or recreational facility. A police officer or a lifeguard in his or her sole discretion is authorized to close the beach, pier or both if there is an unsafe situation, or if the location is deemed unsafe for M reason. Sec. 6-6. Use of property and equipment. It shall be unlawful for any person to use or occupy areas, buildings, shelters, tables, chairs or other property that has been designated by the Ceity Mmanager for the exclusive use of the handieapp disabled. Each such area shall be marked "Handicapped Only or Disabled Only". Congregating on public beach accesswgys and bridges is prohibited. Violations of this section shall be punishable as provided for in Section 1-8, Chapter I of the Code of Ordinances. See. 6-7. Injuring property and equipment. It shall be unlawful to injure or destroy any of the sand dunes, landscqped dunes with native vegetation surrounded by ropes or other fencing or barricade, buildings, tables, chairs, or other property of M kin situated in or on any public parks and the beach. Additionally, it shall be 3 ORDINANCE #2021-020 unlawful to damage or interfere with the Qi1y's beach sand dune areas (areas barricaded or rope off to protect sea oats and vegetation) by climbing, walking, sleeping or otherwise interfering with the sand dunes and landscqped dunes and the native vegetation. See. 6-9. Animals on beaches, beach parks and in parks. It shall be unlawful for any person to bring any animal (defined to mean any living nonhuman creature) upon the beaches, parks or parking areas owned by the Qc-ity or on sand beach areas designated on the City zoning map; provided, however, that dogs are permitted in a park if on leashes, unless leashes are not required in certain park areas as posted pursuant to signs erected by the Ceity. This section shall not be enforced against persons using service animals as defined by the Americans with Disabilities Act. A service dog, as determined under the Americans with Disabilities Act and Florida Statutes Section 413.08, is allowed in parks and on the beach, with its owner, and must be on a leash (service animals must coMply with leash laws, ADA guidelines and Florida Statutes Section 413.08). Other dogs are not permitted in parks, on the beach and all associated parking areas, including the marina parking areas. Emotional sLipport animals are prohibited from being present on the beach and related parking areas and must comply with park rules relating to animals. Sec. 6-10. Playing games on beaches, prohibition of kites, balloons and sky lanterns. Except in areas in which the marine rescue division clearly marks or designates the type of games and activities permitted, it shall be unlawful for any person to engage in any games or activities, including those which involve the use of any hard ball, kiLeor object at any time upon the public beaches, parking areas -and any land owned by the Ceity and abtWing the Adanlie Oee . The use of kites on the Ci1y's beach and parking lot areas associated with the beach is prohibited. Balloons of all lypes, balloon releases, and sky lanterns are also prohibited from all Cily parks including Ocean Park and parking areas, lots, and beaches. 4 ORDINANCE #2021-020 Balloon includes any such item filled with air or water, including M floating balloon, including those used for fishing,and M balloon of M lype inflated with a gas that is lighter than air. SAy lantern means a device that requires a flame which produces heated air trapped in a balloon-lype covering allowing the device to float in the air. Sky lanterns shall not include hot air balloons used for transporting persons. Sec. 6-11. Dressing or undressing other than in dFessing-rooms-.- It shall be unlawful for any person when going in bathing or- after- bathing at any be ev,%ed by the eity, to dfess or- undfess, or- ehange to or frem a bathing suit, ffo autemobile or- other- vehiele, vaeant lot or- othef plaee at stieh beaehes and parks ' exeept in si dressings rooms as may be er-eeted thereon for- that pufpose-. to expose his or her sexual organs in a public park, the beach or M parking areas or lots. A person commits unlawful eMosure o sexual organs by exposing or exhibiting his or her sexual organs in public, including on the beach, in M parking area or associated parking area or lot, in a vulgar or indecent manner; or being nude in public and acting in a vulgar or indecent manner. The exposure by aU of the following does not violate this section: a mother breastfeeding her baby or persons using a designated bathroom or changing area when going in bathing or after bathing at M beach owned by the cily. No person shall dress or undress, or change to or from a bathing suit, from or in gny automobile or other vehicle, vacant lot or other place at such beaches and parks, except in such dressing rooms as m4y be erected thereon for that DurDose. See. 6-12. Fishing, skin-diving, scuba diving, spearfishing, launching of boats and operating vehicles restricted. (a) For the purposes of this section, a "boat" shall include, but is not limited to, any motor or wind -driven boat or vessel, any j et -ski, inflatable device with an engine of any kind, sailboard, canoe or kayak. (b) It shall be unlawful to fish from a boat, to fish from the beach, to fish from the surf, to swim, to scuba dive, to skin-dive or bring or allow any boat to come within an area of one hundred (100) yards from the outside perimeter of the municipally -owned fishing pier at Dania Beae.h. Ocean Park beach. It shall also be unlawful to operate any type of boat, vessel or watercraft 5 ORDINANCE #2021-020 of any kind within any restricted area as designated by any signs, buoy markers or both, located within a one -hundred -yard distance off -shore as measured at low tide in all beach areas located within the Ceity. It shall also be unlawful to fish or surf cast from any part of the public beach between the hours of 9:00 a.m. and 6:00 p.m. Of on any day. Additionally, it shall be unlawful to fish from any boat within three hundred (300) yards of the low water mark along the entire beach abutting the Atlantic Ocean in the Geity. Balloon fishing is prohibited. Balloon fishing means the use of a balloon to serve as a large float, suspending either live or dead bait at the desired depth under the surface of water, within the water column, or off the bottom of the water area. (c) Snorkeling will be permitted up to a limit of fifty (50) yards into the Atlantic Ocean, measured eastward from the high tide line of all public beach areas, except as stated above. Snorkeling beyond fifty (50) yards off the public beach is prohibited unless a person is entering the water in the designated diving area at the southernmost end of the public beach or express permission is given by a lifeguard or the supervising lifeguard marine r-esette offiee . Artificial breathing devices, such as scuba -tanks, aqua -lungs or hooka rigs, when used in the waters of the area known as Dania Beaeh, Ocean Park are confined to the designated diving area at the southernmost end of Dania Beaeh- Ocean Park, unless express permission to use such devices elsewhere along the beach is obtained from a lifeguard or the supervising lifeguar marine reseue offieef. The use of spearfishing guns, gigs, slings, bows, and, pole spears on the beach, in the water, or both is prohibited. (d) It shall be unlawftil to launch or land any type of vesselbea4,�yh�ether _motor�ized e �ui e�d with a combustion engine, battery powered or manually propelled/self-propelled, (i.e. including but not limited to a boat, canoe, kayak, sailboat, sailboard, jet ski, pleasure craft, boats being used by research or public safety and protection agencies or an inflatable vessel with engine) within the municipal beach area, except within a designated launch area. (e) It shall be unlawftil for any person to operate any vehicle on the beach-i unless permission from the Ceity Mmanager or designee has been obtained. 6 ORDINANCE #2021-020 See. 6-13. Pienieking on beaeh. Tents, canopies, and umbrellas. it shall be unlawful to . i - 3f ea4 of to eensume food upen the publie beach, exeept i designated areas developed fef that pufpese. For the pgMoses of this section, a "tent" is defined as a portable shelter made of cloth or other material, sqpported by one or more poles and stretched tight by cords or loops attached to pegs driven into the ground. A "canopy" is defined as an ornamental cloth or other material covering hung, suspended or held Lip over a support system of M kind; it is a shelter that resembles a temporM roof structure. A "beach umbrella" is defined as a collgpsible shade device consisting of a canopy of cloth or other material on a folding metal frame supported by a central rod stretched over hinged ribs radiating from a central pole, used as protection against rain or sun. No person shall bring, erect or install a tent or canopy on the Cily's beach. Only traditional umbrellas, not exceeding 10' in diameter, are permitted on the beach. Tents or canopies are allowed only in the designated area north of the pier, behind Lifeguard Tower 5. The size of the tent or canopy cannot exceed 10' x 10'. Sec. 6-16. Reckless surfing, body boarding. It shall be unlawful to engage in surfing., or body boarding, skim boarding, paddle boarding, standing paddle boarding, kqyaking, or waterskiing in a careless, negligent, reckless or dangerous manner ("misconducQ anywhere adjacent to the Cc-ity's beach, including the area in which surfing is expressly confined and permitted. A lifeguard or Phe supervising lifeguar marine r-eseue offi shall exercise reasonable discretion in determining if misconduct is occurring and is authorized to prevent such activity pursuant to the duties and powers described in sections 6-3, 6- 18 and 6-19 of this chapter. Notwithstanding the foregoing, it is a violation of this section to engage in surfing or body boarding unless the board or other device is attached to the user. Stand - Lip paddleboards and kqyaks are not authorized on the beach, but if utilized in the ocean or the Intracoastal Waterwqy and adjacent waterwqys, the board must be secured to the person utilizing the paddleboard or kgyak and must not be utilized in a careless, negligent, reckless, or dangerous manner gpywhere within the Qi1y beach areas and M waterwgys. 7 ORDINANCE #2021-020 Sec. 6-20. Disposable plastic. Disposable plastic containers and Slyrofoam containers are prohibited from use on the Cijy beach. Sec. 6-21. Lame Group — Reservation Policy/Special event permits. Grogps of fifteen (15) or more persons utilizing g1ly park, beach area or recreation area shall be required to obtain a special event permit from the Cily. Registered gropps mu be authorized to utilize tents or canopies and mgy seek a permit for airnplified music. Celebrations, such as weddings, engagements, birthdgy parties, or graduation parties at park or beach facilities shall be required to obtain a Cijy special event permit prior to the event. Sec. 6-22. Sound limitation for public property. Except for those activities and events which are exempt pursuant to section 17-85 of City Code of Ordinances gpplicable to noise, no person shall on M public street or sidewalk, or within M park, beach, parking area or lot or other public propegy, use, operate or plqy gny radio, phonogrgph, stereo set, tgpe machine, smart phone or CD pipyer, television, sound gMplifier, o other audio device of M kind which produces or reproduces amplified sound at a level which is Dlainlv audible at a distance more than thirtv (30) feet from the sound source. Sec. 6-23. Drones prohibited. Drones must coInply with Florida Statutes Section 330.41 and Federal Aviation Authorijy (FAA) rules. Ocean Park and all Cily parks are located within five (5) miles of the Fort Lauderdale/Hollywood International AiKport and therefore, per regulations of the FAA, drone use at the City parks, parking areas, lots and beach is prohibited - Sect. 6-24. Vendors prohibited. The sale of M commodily (including but not limited to food or drink) on the Ci1y's beach, M parks and associated parking areas and lots is prohibited unless advance written Cijy authorization is obtained. ORDWANCE #2021-020 Sees. 6-250-6-29. Reserved. Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. PASSED on first reading on July 13, 202 1. PASSED AND ADOPTED on second reading on August 24, 202 1. ATTEST: F:1;1 THOMAS SCI CITY CLERK APPROVED AS T6F AND 0 VOANSBRO CITY ATTORNEY TAMARAJ MAYOR 9 ORDINANCE #2021-020