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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