2017-O-14 ORDINANCE NO. 2017-0-14
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA AMENDING AND RESTATING CHAPTER 12.5
(PARKS AND RECREATION) IN ITS ENTIRETY;
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:
1. Chapter 12.5 (Parks and Recreation) was previously amended and restated pursuant to
Ordinance No. 2009-0-05 in September of 2009. Section 12.5-1 was modified in January of
2012 pursuant to Ordinance 2011-0-18.
2. Amending and restating Chapter 12.5 (Parks and Recreation) in its entirety will bring the
Chapter into compliance with requirements for various special activities and events and allow
exceptions for same.
NOW, THEREFORE, BE IT ENACTED by the People of the city of Edgewater,
Florida:
PART A. AMENDING AND RESTATING CHAPTER 12.5 (PARKS AND
RECREATION) IN ITS ENTIRETY
Amend and restate Chapter 12.5 (Parks and Recreation) in its entirety of the City of
Edgewater Code of Ordinances, Edgewater, Florida as set forth in Exhibit "A" which is attached
hereby 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ordinance, are hereby superseded by this ordinance to the extent of such conflict.
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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.
PART F. ADOPTION.
After Motion to approve by Councilman Blazi and Second by Councilwoman Power, the
vote on first reading of this ordinance which was held on April 3, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary Conroy X
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After Motion to approve by L. y4 1 - 1/..o.,- and
Second bytr-rt ,the vote on second
reading/public hearing of this ordinance which was held on May 1, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak N
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi N
Councilman Gary Conroy
PASSED AND DULY ADOPTED this 1st day of May, 2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWNATER,,' OR�IIDA
ryn By: GG- . JA! U
Robin L. Matusic Mike Ignasiak
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater,
Florida. Approved as to form and legality by: Florida during the City Council meeting held on
Aaron R.Wolfe,Esquire this 1st day of May,2016 under Agenda Item 48 r
City Attorney
Doran,Sims.Wolfe,&Ciocchetti
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EXHIBIT "A"
Chapter 12.5- PARKS AND RECREATION
ARTICLE I.- 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 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 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, 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.
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(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 July 4 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 3 12.5-4-12.5-10.-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.
Secs. 12.5-12, 12.5-13. -Reserved.
ARTICLE III.
RESERVED
Sec. 12.5-14.- Reserved.
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