[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.
- 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.
- 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.
- 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.
- Any wheeled device or conveyance, whether propelled by motor, animal or human power.
Editor's Note: Printed as adopted.
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.
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.
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.
No animal shall be hitched to any rock, tree, shrub, post, fence or other structure, equipment, facility or park property of any kind.
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.
No person shall abandon any animal in a park.
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.
Fires. 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.
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]
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.
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 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.
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.
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.
Standards and conditions for issuance.
The Town shall issue a permit upon a showing that:
The proposed activity or use will not unreasonably interfere with or detract from the general public use and enjoyment of the park.
The proposed activity or use of the park will not unreasonably detract from the public safety, health, or welfare.
The proposed activity will not create parking in areas other than those designated for such use.
The proposed activity or use will not entail an extraordinary expense for operation by the Town.
The proposed activities or use will not create a nuisance to the Town or the neighborhood adjacent to the park.
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.
Participants in organized activities or uses involving more than 20 participants must provide or adhere to the following:
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.
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.
Fee. A permit fee shall be paid in an amount provided in the rules and regulations for park use.
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.
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.
Additional conditions. The Mayor may add any additional conditions or restrictions deemed prudent or necessary under the circumstances.
Transfer. No permit may be transferred without the written consent of the Town.
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.
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.
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.
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) 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.
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]
Traffic. No person shall:
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.
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.
Fail to observe carefully all traffic and parking signs in parks.
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.
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.
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.
Leave a vehicle standing or parked overnight, except that official parking shall be allowed at Town Hall by Town permit or written agreement.
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.
Park or leave a vehicle parked or standing at a Town park for a purpose other than use of that park.