2023-O-31 - Chapter 12.5ORDINANCE NO. 2023-0-31
AN ORDINANCE AMENDING CHAPTER 12.5 (PARKS AND
RECREATION) OF THE CODE OF ORDINANCES, CITY
OF EDGEWATER, FLORIDA; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. It is necessary for the preservation and enhancement of the public health, safety and
welfare and in the best interest of the city and its citizens to amend Chapter 12.5 (Parks and
Recreation) of the Code of Ordinances by updating Section 12.5-1 (Activities prohibited in parks;
enforcement).
NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida:
PART A. AMEND CHAPTER 12.5 (PARKS AND RECREAT16N) OF
THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORID
Chapter 12.5 (Parks and Recreation) is amended pursuant to Exhibit "A". which; is
attached and incorporated herein.
PART B. CONFLICTING PROVISIONS
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
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circumstances, such holding shall not affect its applicability to any other person, property or
circumstance.
PART D. CODIFICATION
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or re -lettered to
accomplish such intention.
PART E. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
PASSED AND DULY ADOPTED this t9*h
•�ov�70 y a
•• �0. �.
�;• A •ST:�.0
%$q# ' � • ?hoWk C, City Clerk
day of MDtr��� 2023.
Passed on first reading on the _ a"' day of CLiOAk , 2023
REVIEWED AND APPROVED:
Aaron R. Wolfe, City Attorney
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PA
EXHIBIT "A"
Chapter 12.5 PARKS AND RECREATION
ARTICLE L IN GENERAL
Sec. 12.5-1. Activities prohibited in parks; enforcement.
(a) It shall be unlawful for any person in a city park in the incorporated areas of the city to:
(1) Bring any animal, including cats, dogs, horses, any fowl or birds and any living
creatures within the jurisdiction of a city park or recreation area unless such park or
beach is designated and posted by the city as an animal -permitted park. An approved
park, beach and/or lake shall be so designated and posted with the appropriate
signage by the city as an animal -permitted park with the permitted animal and/or
animals listed.
(2) Bring alcoholic beverages, or controlled dangerous substances, drink or use the same
at any time nor shall any person be under the influence of intoxicating liquor or a
controlled dangerous substance in a city park or recreation area. Alcoholic beverage
sales and/or consumption associated with special event activities, as permitted
pursuant to chapter 21 (Land Development Code) is subject to approval from eit-Y
eek cily manager.
(3) Bring any glass container into a city park or recreation area.
(4) Expose or offer for sale any article in any city park or recreation area without a
license as a concessionaire or to display any advertising signs or other advertising
matter without a permit.
(5) Camp or stay overnight in a city park or recreation area.
(6) Build, kindle, maintain or use an open fire nor throw away or discard any lighted
match, cigar, cigarette, tobacco, paper or other material until it is extinguished.
(7) Perform the cleaning or scaling of fish or other aquatic creatures in a city park or
recreation area.
(8,) Smoking cigarettes (except for unfiltered cigars) or the use of electronic smoking
devices (commonly referred to as e -cis or vape devices) within any city park. As
used in this section, "unfiltered cigar" means a cigar consisting of a roll of tobacco
wrapped in leaf tobacco, without a filter and containing only tobacco and no other
substance.
Block benches or public walkways as to impede free and uninterrupted use and
passage by others.
Littering
CUI Eating or drinking or animals in skatepark, playground or splash pad at Whistle Stop
Park.
LU2 Metal detecting or treasure hunting or digging holes.
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Removal or damaging_ plants and landscaping, feeding or disturbing wildlife.
Bicycles, skateboards, rollerblades, scooters or motorized vehicles in designated
areas only.
Bathing, shaving or washing clothes in public restrooms.
LL6JAggressive behavior or fighting_
(b) The city police department, code enforcement and animal services personnel shall, in
connection with their duties imposed by law, diligently enforce the provisions of this
section and shall have the authority to order any person or persons acting in violation of this
section to leave the park or recreation area.
Sec. 12.5-2. Hours for parks and facilities.
(a) Areas remaining open 24 hours. Fishing sites and related support facilities (ramps, natural
or manmade, fishing docks, parking areas). These areas adjoin the Indian River and remain
open 24 hours only for the benefit of those persons actively, or pursuing fishing -related
activities (cast netting, crabbing, shrimping, etc.) or launching boats.
(b) Areas to be closed 11: 00 p.m. to sunrise. Certain parks or portions of parks designed and
built for after -dark activities may remain open to persons actively using such lighted
facilities as tennis courts, racquetball courts, basketball courts, shuffleboard courts, ball
fields, playgrounds, lighted picnic shelters, etc. until 11:00 p.m. and the directly related
support facilities (parking and restrooms), and hours shall be posted.
(c) Areas to be closed sundown to sunrise. Certain parks, beaches and city lakes or portions of
parks designed for day use only and no direct lighting is provided, shall be closed to the
public at sundown (nature trails, playgrounds, ball fields, shelters, picnic areas, etc.) and
also related support facilities.
(d) Special events. The city council may change these hours in order to accommodate special
events such as Independence Day fireworks or any other event the council deems
appropriate.
Sec. 12.5-3. Special exceptions.
The city may waive any regulation/requirement at any time for a city sponsored event,
activity or event that has been pre -approved by the city however it would only be for those
regulations/requirements/locations affected by that specific event.
Secs. 12.5-5 —12.5-10. Reserved.
ARTICLE II. RECREATION AND CULTURAL SERVICES BOARD
Sec. 12.5-11. Purpose.
The purpose of the recreation and cultural services board is to monitor and evaluate parks
and recreational needs and activities, beautification, and historic preservation within the city and
forward any recommendation to the director and city council. The board shall establish their
bylaws pursuant to resolution of the city.
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Secs. 12.5-12, 12.5-13. Reserved.
ARTICLE III. RESERVED
Sec. 12.5-14. Reserved
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