2011-O-18 ORDINANCE NO. 2011-0-18
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING CHAPTER 12.5 (PARKS AND
RECREATION), ARTICLE I (IN GENERAL OF THE CITY
OF EDGEWATER CODE OF ORDINANCES; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, during the October 5, 2011 City Council meeting Council considered a
proposed amendment to Section 12.5 -1 (Activities prohibited in parks; enforcement) relating to
Special Activities.
1. City Council approved the modification relating to alcohol consumption and /or
sales contemporaneously with Special Activity events.
2. Upon review of this Article, scrivener's errors were found and are hereby
corrected.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. AMEND CHAPTER 12.5 (PARKS AND RECREATION),
ARTICLE I (IN GENERAL) OF THE CODE OF
ORDINANCES IN ITS ENTIRETY FOR THE CITY OF
EDGEWATER, FLORIDA.
Chapter 12.5 (Parks and Recreation), Article I (In General) is hereby amended to
read as follows:
ARTICLE I. IN GENERAL
Sec. 12.5 -1. Activities prohibited in parks; enforcement.
(a) It shall be unlawful or any person in a city park in the incorporated areas of the
city to:
1
Strike eugh passages are deleted.
Underlined passages are added.
#2011 -0 -18
(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 City Council.
(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 singa 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.
(b) The city police department 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, fall
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.
2
seFike-thfeugh passages are deleted.
Underlined passages are added.
#2011 -0 -12
(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 as 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 July 4 fireworks or any other event the council deems appropriate.
Secs. 12.5 -3 — 12.5 -10. Reserved.
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 by a court of competent jurisdiction, 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 circumstances by a court of competent jurisdiction,
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 relettered to
accomplish such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
3
strike-thfeugh passages are deleted.
Underlined passages are added.
#2011 -0 -18
PART F. ADOPTION.
After Motion to approve by Councilman Ignasiak and Second by Councilman Kenney,
the vote on the first reading of this ordinance held on December 5, 2011 was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Michael Ignasiak X
Councilwoman Gigi Bennington X
Councilman Justin Kennedy X
Councilman Ted Cooper VACANT
After Motion to approve by00ii i ak,,111)annetja and Second by O,n(; :, y � tJ , khe
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Michael Ignasiak
Councilwoman Gigi Bennington A b
Councilman Justin Kennedy —1—
Councilman Ted Cooper aecLnt
4
Strike through passages are deleted.
Underlined passages are added.
#2011 -0 -12
PASSED AND DULY ADOPTED this 9th day of January, 2012.
ATTEST:
\4Il p�ivz -uw
Bonnie Wenzel U
CITY COUNCIL OF THE
Mike T
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 9th day of
legality by: Aaron R. Wolfe, Esquire January, 2012 under Agenda Item No. 86
City Attorney
Doran, Sims, Wolfe & Kundid
S§ike-threpassages are deleted.
Underlined passages are added.
#2011-0-18