HomeMy WebLinkAbout2012 01 09 Public Hearings 501 Ordinance 2012-02 First Reading City Park Rules/RegulationsCOMMISSION AGENDA
ITEM 501
January 09, 2012
Regular Meeting
REQUEST:
Informational
Consent
Public Hearings X
Regular
KS
City Manager Department
At the request of the Police and Parks and Recreation Departments, the City Attorney
presents on First Reading Ordinance 2012 -02 which proposes to establish regulations for
City Parks and other public recreational areas located within the jurisdictional limits of the
city of Winter Springs.
SYNOPSIS:
The City owns and maintains numerous public parks and recreational facilities within the
city of Winter Springs. Policy 1. 1.4 of the City's Comprehensive Plan, Recreation and Open
Space Element, provides that the City will implement and periodically update recreation
guidelines and criteria for public park sites and facilities based on industry standards and
comparison with those of neighboring and comparable jurisdictions. In furtherance of this
Policy, the City Attorney, at the request of the Police and Parks and Recreation
Departments, prepared an ordinance proposing to adopt a comprehensive series of
regulatory guidelines. The guidelines are designed to assist the Police and Parks and
Recreation Department's in managing the public parks and recreational facilities by
protecting public resources and penalizing improper /dangerous behavior that is not
conducive for public recreational parks and facilities. The proposed guidelines also
promote high quality participation and use of said parks and facilities by all residents and
visitors.
CONSIDERATIONS:
1. Goal 1 of the City's Comprehensive Plan, Recreation and Open Space Element, states
that the City will provide adequate open space, parks, and recreation facilities to enable
high quality participation for all residents and visitors.
Public Hearings 501 PAGE 1 OF 4 - January 09, 2012
2. In furtherance of this Goal, Policy 1.1.4 of the City's Comprehensive Plan, Recreation
and Open Space Element, provides that the City will implement and periodically update
recreation guidelines and criteria for park site and facilities based on industry standards and
comparison with those of neighboring and comparable jurisdictions.
3. Currently, the City has established guidelines for City parks and recreational facilities
by City Commission resolution and administrative rule. These guidelines have been
established pursuant to the City's proprietary powers as owner of the parks and facilities.
These current guidelines have not been legislatively established by the City Commission
by ordinance.
4. Unlike proprietary guidelines, guidelines adopted by ordinance will have the force of
law and violations may be prosecuted and penalized pursuant to law including the issuance
of fines. Further, the guidelines will also apply to other public recreational facilities not
owned by the City, but which are within the jurisdictional limits of the City including the
Cross Seminole Trail.
5. Ordinance 2012 -02 proposes to legislatively adopt a comprehensive set of guidelines
applicable to City parks and other recreational facilities including the Cross Seminole
Trail. The following is an index of the guidelines set forth by the proposed City Code
section number:
a. Hours of operation
17 -101
b. Traffic regulations
17 -102
c. Pollution and Litter
17 -103
d. Removal of Natural Resources
17 -104
e. Fireworks; weapons etc.
17 -105
f. Hunting /wildlife cons.
17 -106
g. Domestic and other animals
17 -107
h. Alcoholic Beverages /Tobacco
17 -108
i. Trespass
17 -109
j. Fires
17 -110
k. Camping and Sleeping
17 -111
1. Noise and other conduct
17 -112
m.Peddling.distribution
17 -113
n. Injuring, interfering w buildings
17 -114
o. Interference with personnel /ops
17 -115
p. Glass containers
17 -116
q. Airsoft/paintball guns /bb guns
17 -117
r. Bathing; swimming; Scuba
17 -118
s. Horseback riding
17 -119
t. Promulgation of rules
17 -120
u. Fees
17 -121
v. Preexisting Rules; Conflicts
17 -122
w. Enforcement; Penalties
17 -123
5. Violations of Ordinance 2012 -02 will constitute a Class I code enforcement citation
violations ($50.00 penalty per incident), except for violations of 17 -104 (removal of
natural resources), 17 -105 (fireworks; weapons, etc.), 17 -110 (fires), 17 -114 (injuring
Public Hearings 501 PAGE 2 OF 4 - January 09, 2012
buildings) and 17 -115 (interference with personnel) will constitute a class III violation
($200.00 per incident).
6. The guidelines proposed by Ordinance 2012 -02 are more comprehensive than the
current guidelines adopted by the City using its proprietary powers as owner.
7. The Police and Parks and Recreation Departments believe the proposed ordinance will
assist them in managing the public parks and recreational facilities because the ordinance
provides an enforcement tool that can be used to promote the protection of public resources
and to penalize improper /dangerous behavior that is not conducive for public recreational
parks and facilities. By promoting the protection of these resources and prohibiting
improper /dangerous behavior within public parks and facilities, the proposed ordinance
also promotes high quality participation and use of said parks and facilities by all residents
and visitors consistent with Goal 1 of the City Comprehensive Plan mentioned in
paragraph 1 above.
FISCAL IMPACT:
There is no direct fiscal impact related to the adoption of the ordinance other than staff and
attorney time to prepare the ordinance. If the ordinance is adopted, the ordinance will be
enforced like any other ordinance. Standard and routine ordinance enforcement
expenditures will apply and off - setting or additional code enforcement revenues may be
realized for citations issued as a result of violations of the ordinance.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press
Representatives who have requested Agendas /Agenda Item information, Homeowner's
Associations/Representatives on file with the City, and all individuals who have requested
such information. This information has also been posted outside City Hall, posted inside
City Hall with additional copies available for the General Public, and posted at five (5)
different locations around the City. Furthermore, this information is also available to any
individual requestors. City Staff is always willing to discuss this Agenda Item or any
Agenda Item with any interested individuals.
RECOMMENDATION:
The City Attorney, City Manager, Police Department, and Parks and Recreation Department
recommend that the City Commission pass Ordinance 2012 -02 on First Reading and direct
that the Ordinance by advertised for second and final reading at the next regularly scheduled
City Commission meeting.
Public Hearings 501 PAGE 3 OF 4 - January 09, 2012
ATTACHMENTS:
A- Ordinance 2012 -02
Public Hearings 501 PAGE 4 OF 4 - January 09, 2012
ORDINANCE NO. 2012 -02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, PROVIDING
RULES AND REGULATIONS FOR CITY PARKS AND
OTHER PUBLIC RECREATIONAL AREAS INCLUDING
THE CROSS SEMINOLE TRAIL; AMENDING CHAPTER
17, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
BY CREATING A NEW ARTICLE V, ENTILED CITY
PARKS AND RECREATIONAL AREAS; AMENDING
SECTION 2 -69.4 OF THE CITY CODE REGARDING THE
SCHEDULE OF VIOLATIONS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission recognizes and finds that the recreational services
provided to the public by the City and Seminole County are essential to the quality of life in the
City; and
WHEREAS, the City Commission further finds that in order to provide these essential
recreational services to the public, the City must maintain reasonable rules and regulations
regarding the operation of the City parks and other public recreational areas including the Cross
Seminole Trail; and
WHEREAS, Policy 1. 1.4 of the City's Comprehensive Plan, Recreation and Open Space
Element, provides that the City will implement and periodically update recreation guidelines and
criteria for park site and facilities based on industry standards and comparison with those of
neighboring and comparable jurisdictions; and
WHEREAS, the goals, policies, and objectives set forth in City's Comprehensive Plan
provide that the City will make available and manage public recreational areas within the
jurisdictional limits of the City; and
WHEREAS, in furtherance of the City's Comprehensive Plan, the City owns and operates
numerous parks and other public recreational areas within the jurisdictional limits of the city of
Winter Springs; and
WHEREAS, currently the City has adopted various rules and regulations pertaining to the
use of City parks and recreational areas that are in effect and that shall remain in effect (until
otherwise terminated or amended) to the extent not inconsistent with this Ordinance; and
WHEREAS, upon recommendation of the City's Police Chief and Parks and Recreation
City of Winter Springs
Ordinance No. 2012 -02
Page 1 of 11
Director, the City Commission finds that it is in the best interests of the City to adopt certain rules
and regulations applicable to City parks and other public recreational areas by Ordinance to
enhance the City's enforcement capabilities in order to protect the parks and recreational areas
from fire, abuse, and desecration; to provide for recreational use of those areas; to control and
regulate traffic and maintain general order therein; and to further the safety, health, comfort, and
welfare of all persons while within the limits of the City parks and other public recreational areas
including the Cross Seminole Trail; and
WHEREAS, it is the intent and purpose of this Ordinance to discourage the misuse of City
Parks and other public recreational areas including, but not limited to, loitering, littering,
vandalism, and other nuisances, and to provide for the orderly and safe operation and use of the
City Parks and other public recreational areas; and
WHEREAS, the City Commission acknowledges and finds that portions of the Cross
Seminole Trail traverse through the city of Winter Springs and therefore, said portions of the trail
are subject to the police powers of the City; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Amendment to Chapter 17, Streets, Sidewalks and Other Public
Places. The City of Winter Springs Code, Chapter 17, Streets, Sidewalks and Other Public
Places is hereby amended to create a new Article V entitled, "City Parks and Recreational Areas"
as follows: underlined type indicates additions to the City Code)
Chapter 17 — STREETS, SIDEWALKS AND OTHER PUBLIC PLACES.
Sec. 17 -81 to 17 -99 Reserved.
ARTICLE V. CITY PARKS AND RECREATIONAL AREAS.
Sec. 17 -100. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
(a) "City Park" means land owned or maintained by the City of Winter Springs
City of Winter Springs
Ordinance No. 2012 -02
Page 2 of 11
and which is designated as a public park or public recreational area by the City's
Comprehensive Plan (Recreation and Open Space Element) by a resolution
adopted by the City Commission, or by dedication that has been accepted by the
City Commission. Included in the definition of the term "City Park" are the City's
special use facilities (e.g., senior center) and all natural resources wildlife
facilities, improvements, waters and materials in, on or under the lands so
designated. Properties in any system of trails owned by the City are intended to be
designated as a City Park. Further, unless otherwise specifically excluded in this
Article, the Cross Seminole Trail shall be considered a City Park for the sole
purpose of being subject to the regulations set forth in this Article and not for
proprietga purposes.
(b) "Cross Seminole Trail" means the Cross Seminole Trail and trail heads
whether paved or unpaved, located within the jurisdictional limits of the city of
Winter Springs.
Sec. 17 -101- Hours of operation and general use.
(a) All City Parks shall be closed during the evening time from dusk
(sunset) to dawn (sunrise) unless otherwise provided for herein. Signs stating park
hours shall be posted prominently in each City Park.
(b) Programs or events sponsored or approved by the City, or for which the City
has issued a permit, shall be permitted to use the City Park during such program or
event for the period of time approved by the City.
(c) The City Commission by resolution or the City Manager by administrative
rule may adopt more restrictive or extended hours for any particular City Park on a
case -by -case basis if legitimate circumstances warrant hours of operation different
than those set forth in sub ara a h a of this section. More restrictive or extended
hours for the Cross Seminole Trail may be posted by Seminole County or the City_
(d) The City Commission or the Cily Manager may close any City Park as deemed
appropriate in the event of an emergency or an imminent threat to the public health,
safety or welfare.
(e) Persons using any City Park do so at their own risk.
(f) Adults are responsible for children that they bring to a City Park or who are
otherwise under their care, custody or control.
Sec. 17 -102. - Traffic.
(a) The State Uniform Traffic Control Laws, Chapter 316, Florida Statutes, are
incorporated by reference and made part of this article and shall apply to the
operation of all motor vehicles, as defined in Chapter 316, on streets and roads in all
City of Winter Springs
Ordinance No. 2012 -02
Page 3 of 11
City Park(s), unless modified herein. Law enforcement officers and City employ
are hereby authorized to direct traffic whenever necessary within the City Parks)
(b) It is unlawful to operate, drive or park any motor vehicle or other vehicle upon
any road. driveway_ path, trail, parking area, or other area within a City Park except
when the area has been marked, permitted or approved for such activity or activities
either by permanent signage or markings or when permitted by the City in the
course of a public event or activity.
(c) It is unlawful to cause any vehicle for hire to stand upon any part of a City Park
for the purpose of soliciting_ passengers.
(d) Pursuant to Section 316.0080)(e), Florida Statutes, which authorizes the City_
to establish speed limits on City streets in public parks, it is unlawful to drive a
vehicle at a rate of speed exceeding ten miles per hour in any City Park unless the
City has Rosted a geater speed limit.
(e) It is unlawful to enter or exit from any City Park in any vehicle except at
entrances and exits designated for such purpose by the City_
(fl It is unlawful to leave a vehicle standing or parked in established parking areas
or elsewhere in a City Park during hours when the City Park is closed.
Sec. 17 -103. - Pollution and litter.
(a) It is unlawful to throw or place or cause to be thrown or placed, any litter, dirt
filth, or foreign matter into the waters of any lake pond, canal, pool, river, creek
inlet, tank or reservoir in any City Park or on the grounds of any City Park.
(b) It is unlawful to cause any pollutant, as defined in Section 206.9925 or Section
376.031, Florida Statutes, to be placed in or to otherwise pollute the lands or waters
of a Ci y Park.
Sec. 17 -104. - Removal of natural resources.
(a) It is unlawful to remove any beach sand, whether submerged or not, any soil
rock, stones, plants, trees, shrubs, wood, flora, fauna or their materials from the
City Park unless issued a general or specific permit to do so by the QijX for the
purposes of educational activities or good husbandry.
(b) It is unlawful to cause or make any excavation by tools equipment blasting or
other means or agency at a City Park unless issued a general or specific permit to do
so by the City for the purposes of educational activities or good husbandry.
(c) Subsections (a) and (b) does not apply to City or Seminole County workers
performing maintenance and upkeep of the City Parks at the direction or consent of
City of Winter Springs
Ordinance No. 2012 -02
Page 4 of 11
the Cily.
Sec. 17 -105. - Fireworks; destructive devices; weapons; other Potentially
dangerous uses.
(a) It is unlawful to carry, fire or discharge any explosive, or weapon as those
terms are defined in Section 790.001. Florida Statutes, or any fireworks as defined
in Section 791.01. Florida Statutes, of any description in a City Park. However, the
City Commission hereby expressly recognizes the state law preemption of firearms
and ammunition pursuant to Section 790.33, Florida Statutes, and therefore this
Section shall not appl in respects to firearms and ammunition.
(b) The City may authorize or issue permits for fireworks displays for City
sponsored events and activities.
(c) It is unlawful to carry, fire or use rockets and radio controlled planes boats
cars and helicopters at a City Park unless such uses are specifically authorized or
permitted by the City_
See. 17-106. - HuntinyJwildlife preservation and conservation.
(a) It is unlawful to harass, hunt, catch, harm, kill, trap, shoot, shine li is at or
throw missiles at any animal, of any type or species, in any City Park. Exception to
the foregoing is made in that snakes known to be deadly poisonous may be killed
on sight in self - defense.
(b) It is unlawful to use nets to catch fish in any _publicly owned body of water or
within any Cites
(c) It is unlawful to use troutlines to catch fish in any publicly owned body of
water or within any Cites
(d) It is unlawful for a person to remove or have in his or her possession any wild
animal, of any type or species, or the eggs or nest of young reptile or bird which is
or was located in a City Park.
(e) It is unlawful to introduce into or leave any wild animal in a City Park.
( The City ma issue to allow activities and actions that are otherwise
con= to the provisions of this section if the City determines that the activities
and actions will be accomplished for management, scientific or husbandry
purposes and are consistent with the public interest.
Sec. 17 -107. - Domestic and other animals.
(a) It is unlawful to allow any pet or domestic animal, as defined in Section
City of Winter Springs
Ordinance No. 2012 -02
Page 5 of 11
585.001 or Section 823.041, Florida Statutes, under a person's care custody or
control into any City Park unless the rules promulgated by the City with regard to
the particular City Park specifically authorizes such animals to be present and in
the event of such rules being _promul atg ed, a person may act in accordance with
such rules.
(b) It is unlawful to abandon any domestic animal, as defined in Section 585.01 or
Section 823.041, Florida Statutes, into or at a City Park.
(c) It is unlawful to feed any animal at a City Park unless the rules promul atg ed by
the City, or a permit issued by the City, with regard to the particular City Park or
specific activity specifically authorizes the feeding of animals.
(d) The rights of persons to use service animals (e.g. dog guides) in accordance
with the provisions of Section 413.08, Florida Statutes, shall not be violated or
abridged by application of the provisions of this section.
Sec. 17 -108. - Alcoholic beverages /tobacco products; Gambling.
(a) It unlawful for a person to possess or consume any alcoholic beverage or
beverages, as defined in Section 856.015 or Section 561.01, Florida Statutes, in any
City Park unless authorized or permitted by the City for a particular event occurring
in a City Park.
(b) It is unlawful for a person to possess or consume any tobacco product in any
City Park in an area that is posted or noticed as a "non- smoking" area or if
instructed by a Qy employee that an area has been designated as a "non- smoking"
area due to its particular usage such as playing fields and areas reserved for
children.
(c) It is unlawful to engage in any gambling mity or game of chance, as
generally described by various names pursuant to chapter 849, Florida Statutes, or
be in possession of any gambling device, as defined in section 849.231, Florida
Statutes, in any City Park unless authorized by law and approved in advance by
C
Sec. 17 -109. - Trespass.
(a) It is unlawful for a person to enter or remain in a City Park without a permit
when a City Park is closed or the person is barred from being present at the City
Park.
(b) It is unlawful for a person to enter or remain in any secure or locked area of
or building in a City Park that is not intended to be open to the public.
Sec. 17 -110. - Fires.
City of Winter Springs
Ordinance No. 2012 -02
Page 6 of 11
It is unlawful to ignite, set or maintain any fire in a City Park unless such fire is
within an area desigLiated by the City for fires by signage and postings displa eY d at
the City Park. Included in this prohibition are activities such as the use of portable
cooking equipment of whatever type or nature. Any fire authorized by this section
shall be continuously under the care and direction of a competent person from the
time it is ignited until it is extinguished.
Sec. 1 7 -111. - Campine and sleenine.
It is unlawful to sleep, camp, lodge or park a vehicle overnight in a City Park unless
the City has designated certain areas for these purposes, but then only to the extent
permitted and authorized b t City.
Sec, 17 -112. - Noise and other conduct.
(a) It is unlawful to play any musical instrument or audio amplification system or
engage in any activity in such a manner as creates a nuisance or disturbance in a
Cily Park.
(b) It is unlawful to use abusive, threatening, offensive, profane, obscene or foul
language or engage in any disorderly conduct or behavior tending to breach the
public peace in any City Park.
(c) It is unlawful to use golf clubs within a City Park unless the City Park is
designated and authorized for use as a City public golf course, putting green or
driving range. Otherwise, the open possession of a golf club with intent to use it
within a City Park shall be rebuttably presumed to be a violation of this section.
(d) It is unlawful to take into, carry_ through, or put into any City Park, any
rubbish, refuse, garbage or other waste ( "waste "). Such waste shall be deposited
in receptacles so provided by the City. Where receptacles are not provided, all
such waste shall be carried away from the City Park by the person responsible for
its presence and properly disposed of elsewhere.
(e) It is unlawful to urinate or defecate, or otherwise dispose of human waste, in a
City Park except in a designated portable or permanent restroom.
See. 17-113. - Peddling/distribution of materials.
It is unlawful to engage in any commercial activity or sell or offer for sale any
tangible or intangible article, stock, object, merchandise or thing or solicit for any
trade, occupation, business or profession for any consideration within a City Park
without being authorized or permitted by the City_
Sec. 17 -114. - Iniurine, interfering with, etc., buildings and other property.
City of Winter Springs
Ordinance No. 2012 -02
Page 7 of 11
It is unlawful to mark, deface, disfigure injure tamper with displace or remove
any building, bridge, table, bench, fireplace railing, 12avin or paving material
waterline or other public utifily or part or appurtenance thereof, sign notice or
placard monument, stake, post, or other structure, equipment or any facilities
property or appurtenances whatsoever, whether temporary or permanent located at
a Ci , r Park.
See. 17-115. - Interference with versonneUvark operations.
(a) It is unlawful to interfere with, hinder, or oppose any Law Enforcement
Officer or Citv or Seminole County employee in the discharge of his or her duties
or with the enforcement of this Article.
(b) It is unlawful to interfere with the operations of a City Park by gathering in
groups that are not engaged in bona fide recreational activities consistent with the
facilities of the City Park and any permit issued by the City.
Sec. 17 -116. — Glass Containers.
The use of glass containers of any kind in any recreational area of a City Park
including, but limited to, playing fields, splash pad areas, pool areas, children
playground areas, and trails is prohibited unless such use is in an area where the use
of glass containers has been authorized b the e City.
Sec. 17 -117. — Airsoft and Paintball Guns; BB Guns.
The use of airsoft (plastic pellets) guns, Paintball guns, paintball markers, and
Paintball equipment within City Parks is prohibited unless the City has specifically
designated an area for the use of this equipment. Paintball equipment includes, but
is not limited to: paint balls, paint gun refillable gas tanks, paint un propellan t
canisters, and targets. Nothing contained in this section is intended to regulate or
apply to firearms and ammunition which are preempted by state law.
Sec. 17 -118. — Bathing; Swimming; Scuba Diving.
No person shall swim, bathe or wade or scuba dive in any waters or waterways
within a City Park except in such waters and at such places and times authorized
and posted by the City.
Sec. 17 -119. — Horseback Riding.
Horseback riding is forbidden in City _parks except in such parks and park areas
where provision is made for this activity. Horses are restricted to bridle paths
road rights -of -way, and designated horse trails. Horses shall not go unattended.
City of Winter Springs
Ordinance No. 2012 -02
Page 8 of 11
Sec. 17 -120. - Promulgation of rules.
(a) The City Manager is hereby authorized to adopt administrative rules
supplemental to, and consistent with, the provisions of this Article that he or she
deems necessary and appropriate to implement the provisions of this Article
relative to the use of City Parks and the violation of such rules shall constitute a
violation of this Article.
(b) In addition to matters otherwise provided for in this Article the rules of the
City may pertain to the appropriate and harmonious use of trails consistent with the
multiple uses that will be authorized on the trails the location of particular
recreational activities and other activities at City Parks whether parks are to be
used for active or passive recreational activities, access management with rem
traffic control and management within City Parks, the operation of motor vehicles
and other forms of transportation within Cily Parks, pollution and litter within Citv
Parks, the harming or removal of animals or natural resources within or from City
Parks, the use of dangerous instrumentalities within City Parks, the use of alcoholic
beverages within City Parks, hunting and fishing within City Parks, domestic
animals within City Parks, use of City Park property and the conditions relating
thereto, trespass upon and disturbance within City Parks, disorderly conduct and
loitering within City Parks, fires and illumination within City Parks, and such other
related matters which address the protection of public _property located in and good
order in City Parks.
(c) The Cross Seminole Trail shall also be subject to applicable rules adopted by
Seminole County.
(d) The provisions of this Article and the rules adopted by the City shall be
maintained on file at City Hall and at the Parks and Recreation Department office
for public inspection and copying.
(e) A general condition of each permit to use a City Park is that the permittee shall
abide by and adhere to the provisions of this Article and the rules promulgated by
the City, except as may be otherwise specifically permitted by the Gly by means of
a permit issued for a specific event or activity.
Lf) The City Manager shall regularly review, or cause to be reviewed, the use of
and conditions within each City Park in order to reasonably mitigate against
potential public liability relating to o City Parks.
(g) The Cijy Manager shall regularly review, or cause to be reviewed, the use and
condition of each City Park to ensure compliance with the Americans With
Disabilities Act and other laws, rules and regulations where applicable.
Sec. 17 -121. - Fees.
City of Winter Springs
Ordinance No. 2012 -02
Page 9 of 11
The City Commission may establish by resolution or written agreement with a
specific user of a City Park a fee schedule for the use of City Parks
Sec. 17 -122. — Preexisting Rules; Conflicts with Rules.
(a) All rules regulating City Parks adopted by the CitYprior to the enactment of
this Article on shall remain in full force and effect unless in
conflict with any provision of this Article.
(b) The provisions of this Article shall prevail over any preexisting or
subseauently adgpted conflicting City rule regulating City Parks
Sec. 17 -123. — Enforcement; Penalties.
(a) City law enforcement and code enforcement officers the parks and
recreation director or authorized designee and the city manager or authorized
designee shall be responsible for enforcing the provisions of this Article and shall
have the authority to order any person or persons acting in violation of this Article
to leave the Citv Park. It is unlawful for a person to remain in the City Park when
the person is asked to leave the City Park ark bey official pursuant to this section
(b) City law enforcement and code enforcement shall be responsible for
initiating any code enforcement proceedings regarding a violation of this Article
Section 3. Amendment to Section 2-69.4 of the City Code, Schedule of
Violations. The City of Winter Springs Code, Section 2 -69.4 is hereby amended to
establish a civil citation penalty for violation of Chapter 17, Article V, of the City Code as
follows: (underlined type indicates additions to Section 2 -69.4 of the City Code)
Section Title Class
Chapter 17, Article V. City arks and Other Public Recreation Areas I
(except sections 17 -104, 17 -105, 17 -110,
17 -114, and 17 -115 shall be Class III)
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this ordinance and the City Code may be freely made.
Section 6 . Severability. If any section, subsection, sentence, clause, phrase, word or
City of Winter Springs
Ordinance No. 2012 -02
Page 10 of 11
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 7 . Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2012.
Charles Lacey, Mayor
ATTEST:
ANDREA LORENZO- LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2012 -02
Page I of 11