2009-O-05
ORDINANCE NO. 2009-0-05
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING AND RESTATING CHAPTER 12.5 (pARKS AND
RECREATION) OF THE CITY OF EDGEW A TER CODE OF
ORDINANCES IN ITS ENTIRETY; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, has made the following
determinations:
1. Chapter 12.5 (parks and Recreation) has not been modified since 2004.
2. The City has received numerous requests from residents to designate certain parks as
animal friendly.
3. City Council has determined that specified animals will be allowed into City parks,
beaches and/or lakes as approved and designated by resolution.
4. 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.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water,
Florida:
PART A.
AMEND AND REST ATE CHAPTER 12.5 (pARKS AND
RECREATION) OF THE CODE OF ORDINANCES IN NITS
ENTIRETY FOR THE CITY OF EDGEW A TER, FLORIDA.
Chapter 12.5 is hereby amended and stated to read as follows:
Chapter 12.5 (parks and Recreation)
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ARTICLE I. IN GENERAL
Sec. 12.5-1. Activities prohibited in parks; enforcment.
(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 alcoholilc beverages, or controlleld 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.
(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 throwaway 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.
(b) The city police department; and park attendants 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
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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 or city lakes
and remain open 24 hours only for the benefit of those persons actively, or pusuing 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 activites may remain open to persons actively using such lighted facilities
as tennis courts, racquetball courts, basketball courts, shuffleboard courts, ballfields,
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 proivded, shall be closed to the
public as sundown (nature trails, playgrounds, ballfields, 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 July 4 fireworks or any other event the council deems appropriate.
Sees. 12.5-3 - - 12.5-10. Reserved.
ARTICLE II. RECREATION AND CULTURAL SERVICES BOARD
Sec. 12.5-11. Created Purpose.
There is hereby created the The purpose of the recreation and cultural services board wlHeh
shall 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
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council. The board shall establish their by-laws pursuant to resolution of the City of Edgewater.
See. 12.5 12. Membership.
The board shall consist of seven five (5) members who shall be seleeted by a majority vote of
the city council and shall serve for a term ofthr~e ill years. Terms of members shaH be staggered;
however, initial terms of office shall be as foUo'l/s: T.,..o members selected for three years, three
members selected for two years and two members selected for one year.
See. 12.5 13. Duties.
Upon request or reoommendatioR by the director of parks and recreation/maintenance
services, the board shall be utilized iR reyie..... of general service needs as ''leU as plwming and
development of speeific projects involying parks and recreational ooti'lities and facilities,
beautification of the city and historical preservation. Upon r~quest the board shall make
recommendations to the director and city council concerning the following areas:
(a) The board shall study recreatioRal Reeds for persons of all ages in the city, and
recommend the acquisition and utilization of land and facilities for this purpose.
(b) The board shall study existing recreation aeti'/ities in the city and assess futl.H'e needs.
f..s such, the board seall recommend changes or additioFls to various activities and
programs.
(c) The board shall coordinate '.villi organized gmaps within the city and outside the city
on matters or pmgrams that affect recreation '.vithin the city.
(d) The board shall re'/ie..'; and reoommend land acquisition for public park purposes and
matters concerning land utilimtion and faeilities improvements.
( e) The board seal I make recommendations to the city council concerning maintenance
and operation of city park and recreation facilities.
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(f) The board shall study and recommend to the city counil means for public and private
fooding f-or public park and recreation facilities and shall coordinate pri':ate food
drives as necessary.
(g) The board shall proyide broad policy recommendations to the city cauncil on all
matters concerning public parks and eity recreatioB.
(h) The board shall provide recommeadation regarding beautification of city parks, eity
faoilities and vari01:lS areas throughout the city.
(i) The board shall proyide r~commendations regarding historical preservation \vithin
the areas of the eity.
Sec. 12.5-12 - 12.5-13.
Reserved.
ARTICLE III. RESERVED.
Sec. 12.5-14. Reserved.
PART B. CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PART C. EFFECTIVE DATE.
This ordinance shall become effective upon its final adoption and as provided by general law.
PART D. 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
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
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PART E.
CODIFICIA TION.
Provisions of this ordinance shall be incoprorated 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 relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART F. ADOPTION.
During the July 20, 2009 Council meeting, a motion to approve was made by Councilwoman
Rogers with Second by Councilman Cooper. The vote on the first reading of this ordinance held on
July 20,2009 is as follows:
AYE NAY
Mayor Mike Thomas
x
Councilwoman Debra J. Rogers
x
Councilwoman Gigi Bennington
x
Councilwoman Harriet B. Rhodes
ABSENT
Councilman Ted Cooper
x
During the September 14, 2009 Council meeting, a motion to approve was made by
Coon<,-i1lAJomun'~ nncl(-"s-' with Second by CnofYli! mnJ'I r (~X-F , the vote on the second
reading/public hearing of this ordinance is as follows:
AYE NAY
Councilwoman Debra J. Rogers
'X
X
Mayor Mike Thomas
Councilwoman Gigi Bennington
'I-
Councilwoman Harriet B. Rhodes
'I..
Councilman Ted Cooper
x.
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PASSED AND DULY ADOPTED this 14th day of September, 2009.
ATTEST:
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For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
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CITY COUNCIL OF THE
CITY OF EDGEW A TER1,FLORIDA
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Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 14th day
of September, 2009 under Agenda Item No.
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