[HISTORY: Adopted by the Town of Zolfo Springs
as indicated in article histories. Amendments noted where applicable.]
[Adopted by the Town Council 5-12-2003 by Ord. No. 2003-02]
This article shall be known as the "Park Regulation
Ordinance."
It is the intent of the Town Council of Zolfo
Springs, Florida, to establish a program of regulation of Town parks
and other Town property where sports activities might otherwise lawfully
occur. The Town is concerned over the safety of the participants and
spectators of such sports, as well as the inconvenience to other citizens
by improper parking activities, litter and noise caused by such activities,
as well as the general inability of other citizens to use Town facilities
during certain sporting events.
As used in this article, the following terms
shall have the meanings indicated:
- LAW ENFORCEMENT OFFICER
- A member of the Town or County Police Department.
- LITTER
- Any garbage; rubbish; trash; refuse; can; bottle; box; container; paper; tobacco product; tire; appliance; mechanical equipment or part; building or construction material; tool; machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm machinery or equipment.
- ORGANIZED SPORTING ACTIVITIES OR PLAY
- Any group sport activities by organized teams, formed for the purpose of tournaments or other planned competitive events involving three or more teams. Such activities or play shall include, without limitation, tournaments or team practices.
- PARK(S)
- Any public park, recreation or playground area, or building or facility thereon, owned and maintained by the Town or other Town property, or property owned by the Recreation Council which is managed or regulated by the Town wherein devoted to recreation or sports activities might take place.[1]
- PARTICIPANT
- Any person participating, managing, planning or organizing any sporting events, including organized sporting events.
- TOWN HALL
- That portion of the Town Hall that is set aside for periodic use for meetings, parties and other Town-approved events.
- VEHICLE
- Any wheeled device or conveyance, whether propelled by motor, animal or human power.
[1]
Editor's Note: Printed as adopted.
A.
Litter. No person shall throw or deposit litter in
or upon any street, sidewalk, or other public place within the Town
except in public refuse receptacles or other authorized receptacles
for collection.
B.
Alcohol.[1]
(1)
No person shall bring into, consume, sell or give
to others in a park alcoholic beverages or a controlled substance
as defined by F.S. Ch. 893.
(2)
No person under the influence of alcohol or a controlled
substance as defined in F.S. Ch. 893 shall enter, be or remain
in any park, and any such person so found in a park shall be removed
and referred to law enforcement officers.
C.
Animals.[2]
(1)
No animal shall be hitched to any rock, tree, shrub,
post, fence or other structure, equipment, facility or park property
of any kind.
(2)
Dogs shall not be allowed to run loose, defecate in
parks, or urinate in the vicinity of other persons and shall at all
times be restrained or kept on a leash not more than six feet in length.
If a dog defecates in a park, the owner shall immediately collect
the feces and remove it from the park.
(3)
No person shall abandon any animal in a park.
(4)
No animals are allowed within any buildings or fenced
areas, unless such dog is a bona fide service dog or guide dog for
a disabled person as described in F.S. § 413.08.
D.
Fires.[3] No person shall start or maintain, in any park, any outdoor
fire, except in designated picnic areas, if any, and only in appropriate
cooking devices. Fires in designated areas shall be limited to cooking
fires and shall be maintained such that they do not create any noxious
fumes or smoke or risk spreading the fire beyond the cooking facility,
and no fire shall be left unattended.
E.
Explosives and dangerous devices. No person shall
bring into any park or have in his or her possession on park property
any form of bomb or explosive, fireworks, air gun, pellet gun, spring
gun, slingshot, crossbow or bow and arrow, any device or means by
which a projectile can be propelled other than firearms and ammunition
regulated by the State of Florida and preempted from the Town’s
regulation, any device which emits smoke, tear gas or other disabling
chemical agent, any strong caustic or acidic substance, or any flammable
liquid, except retail lighter fluid in designated areas or gasoline
in automobile tanks in designated parking or driving areas.
[Amended 9-19-2011 by Ord. No. 2011-10]
F.
Number of persons; opening and closing times. In the
interest of maintenance, public safety, health and welfare, the Mayor
may at any time establish the number of persons allowed within any
park or area within a park, establish any opening and closing times,
or close any park or portion of a park for use to the public. No person
shall enter such closed areas.
G.
Games. No person in a park shall take part in the
playing of any games involving thrown or any otherwise propelled objects
such as stones, arrows, golf balls, or javelins, except in areas set
apart for such forms of recreation. The playing or practicing by organized
athletic teams of such games as basketball, football, baseball, and
the like is prohibited, except on fields, courts or areas designated
for such use and as otherwise directed by the Town as provided herein.
Persons wishing to participate in organized sporting activities must
obtain a permit for those events.
A.
Application.
(1)
A person seeking the issuance of a permit to participate
in organized sporting events or play shall file an application on
the appropriate form supplied by the Town and provide such information
as required.
(2)
Applications shall be filed no less than one month,
nor more than six months, from the date of the event or activities
or commencement of multiple-date play or activities.
(3)
The information in the application shall be sworn
to and notarized. Intentional falsification of information in the
application shall be a violation of this article and shall be perjury.
B.
Standards and conditions for issuance.
(1)
The Town shall issue a permit upon a showing that:
(a)
The proposed activity or use will not unreasonably
interfere with or detract from the general public use and enjoyment
of the park.
(b)
The proposed activity or use of the park will
not unreasonably detract from the public safety, health, or welfare.
(c)
The proposed activity will not create parking
in areas other than those designated for such use.
(d)
The proposed activity or use will not entail
an extraordinary expense for operation by the Town.
(e)
The proposed activities or use will not create
a nuisance to the Town or the neighborhood adjacent to the park.
(2)
Nonprofit entities only. Only entities that are bona
fide not-for-profit corporations under Florida law, or nonprofit corporations
pursuant to federal law, shall be allowed to organize tournament play
in Town parks.
(3)
Participants in organized activities or uses involving
more than 20 participants must provide or adhere to the following:
(a)
Liability; proof of insurance. The person or
entity to which a permit is issued shall be liable for any loss, damage,
or injury to any person or property whatever by reason of the negligence
of the person or entity to which such permit was issued or the negligence
of his/her/its members, agents or employees. Proof of insurance for
injuries to participants, spectators or other third parties and for
damage to the Town's property must be provided in an amount provided
in the rules and regulations for park use. The Town must be shown
as a named insured on the proof of policy, and cancellation shall
require the Town's written approval.
(b)
Security. Proof of arrangements for security
shall be provided. If off-duty law enforcement officers as defined
herein are used, then proof of sufficient retainer for such services
shall suffice. If other security arrangements are proposed, the security
personnel must be approved by the Mayor at the advice and counsel
of the Town's Police Chief.
(4)
Fee. A permit fee shall be paid in an amount provided
in the rules and regulations for park use.
(5)
Deposit. A security deposit shall be placed in an
amount provided in the rules and regulations for park use for repair
of damage or cleanup.
(6)
Entry fee or other player and team fees. No tournaments
or other organized sporting activities shall be conducted for a profit.
If any form of fee is to be charged for a tournament or team play,
it shall be disclosed on the application for permit.
(7)
Additional conditions. The Mayor may add any additional
conditions or restrictions deemed prudent or necessary under the circumstances.
(8)
Transfer. No permit may be transferred without the
written consent of the Town.
(9)
Revocation. The Town shall have the authority to revoke
a permit upon a finding of a violation of any rule or ordinance or
upon the violation of any condition or restriction under which the
permit has been issued.
(10)
No property interest. No property interest shall be
deemed granted by the Town or received by the applicant through the
issuance of the permit or in the permit itself.
C.
Appeals. If an applicant believes that any permit
condition or restriction added by the Mayor or any denial or revocation
of a permit is improper, appeal may be had before the Town Council
at a regular meeting or, at the discretion of the Mayor or President
of the Council, a meeting called for that purpose. However, the Town
Council is not obligated to hear an appeal prior to the next regular
meeting, and it is the responsibility of the applicant to ensure that
the application is filed far enough in advance to avoid failure to
have a permit before a proposed scheduled event.
The Mayor shall have the authority to draft
and implement rules and regulations in order to effect the purposes
of this article.
A.
This article may be enforced by any manner allowed
under the law, including, without limitation, code enforcement under
the Town's Code Enforcement Ordinance(s)[1] and by injunction. If the Town prevails in such actions,
it shall be entitled to all costs for enforcement, including, without
limitation, attorney fees and court costs, including appeals.
B.
In additional to administrative and civil penalties
provided by law and the Town's Code Enforcement Ordinance(s), willful
violation of this article shall be a misdemeanor, punishable by imprisonment
for up to 60 days.
[Adopted by the Town Commission 4-19-2010 by Ord. No. 2010-05]
A.
Traffic. No person shall:
(1)
Fail to comply with all applicable provisions of the state motor
vehicle traffic laws in regard to equipment and operation of vehicles,
together with such regulations as are contained in this article and
other ordinances.
(2)
Fail to obey all law enforcement officers and authorized Town employees,
such persons being hereby authorized and instructed to direct traffic
whenever needed in the parks and on highways, streets or roads immediately
adjacent thereto in accordance with the provisions of this article
and as may be subsequently issued by the Town Manager.
(3)
Fail to observe carefully all traffic and parking signs in parks.
(4)
Drive any vehicle in any area except the park roads or parking areas,
or such other areas as may on occasion be specifically designated
as temporary parking areas by the Town Manager.
(5)
Parking.
(a)
Park a vehicle in other than an established or designated parking
area, and such use shall be in accordance with the posted directions,
special event instructions, and with the instructions of any attendant
or law enforcement officer who may be present.
(b)
Leave a vehicle standing or parked at night without lights clearly
visible for at least 20 feet from both front and rear on any driveway
or road area except legally established parking areas.
(c)
Leave a vehicle standing or parked overnight, except that official
parking shall be allowed at Town Hall by Town permit or written agreement.
(d)
Fail to immediately notify, within one hour, a Town law enforcement
officer of an emergency in the nature of a breakdown requiring the
assistance of a tow truck, mechanic or other person.
(e)
Park or leave a vehicle parked or standing at a Town park for
a purpose other than use of that park.
