HomeMy WebLinkAbout932-05 Change Hours for Cemetery and Parks C
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Rcpt: 947287 Rec: 52.50
ORDINANCE NO.: 932-05 DS: 0.00 I T: 0 12/01/05 Dpty jerk
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 'OF
ZEPHYHRILLS, FLORIDA, AMENDING SECTION 130.22 OF THE
CODE OF ORDINANCE REGULATING THE HOURS OF OPERATION
OF CITY PARKS AND CEMETERIES; PROVIDING'FOR PUBLIC USE
REGULATIONS, OPERATION REQUIREMENTS, AND HOURS OF
OPERATION; PROVIDING REGULATIONS FOR PROTECTION OF
PROPERTY, PERSONS AND RESOURCES ; PROVIDING FOR
SEVERABILITY, REPEALER, CODIFICATION AND AN EFFECTIVE
- DATE -
HEREAS, the City of Zephyrhills, Florida previously adopted Ordinance No. 225 which was
c dified as Section 130.22 of the Code of Ordinances in order to regulate.the use of City parks
a id cemeteries; and
EREAS, due to the enormous growth in the City of Zephyrhills and in the surrounding
uaincorporated areas, it has become. necessary to provide more comprehensive rules and
r gulations for the use and operation of the City's parks, and other associated facilities; and
�HEREAS, the Zephyrhills City Council desires to adopt the following hours of operation and
rules and regulations to protect the health, safety and welfare of the citizens of the City o
ephyrhills.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills,
F orida, as follows:
S CTION 1. Section 130.22 of the City of Zephyrhills Code of Ordinances is hereby
a iended and substantially reworded as follows and as set forth in Exhibit"A" attached hereto:
S CTION 2. All ordinances or code provisions in conflict with this ordinance are
h reby repealed to the extent of the conflict.
S CTION 3. It is the intention of the City
Council that this Ordinance be subsequently
codified as Section 130.22 of the Zephyrhills Code of Ordinances.
JED PITTi N, PASC0 C0U TV CLERK
CTION 4. : . Severability. 12/01/05 11:20am 1 of 6
OR BK 6721 PG 9
I is declared to be the intent of the City Council of the City of Zephyrhills, Florida that if any
s ction, subsection, sentence;clause, or provision of this ordinance shall be declared invalid, the
r mainder of the ordinance shall be construed as riot having contained said,section, subsection,
s ntence, clause, or provision, and shall not be affected by such holding.
S CTION 5. Effective Date.
his Ordinance shall become effective upon passage on the third reading and signing by the
ayor.
The foregoing Ordinance.,No:932-05 was read and passed on the first reading in an open and
regular meeting. qf tlie';City Oouncil of.the City of Zephyrhills, Florida, on this 26th day of
September, 2005 .
ttest ' ( 6
. � ✓
Lind`"` 94y Gil.y Clerk Cathi L. Compton,,Council President
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills,, FL 33542
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OR BK 66721 PG
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The foregoing Ordinance No. 932-05 was read and passed on the second reading, following a
public hearing, in an open and regular meeting of the City Council of the City of Zephyrhills,
Florida, on-this 14th day'of November, 2005.
Attest: - �� �`�x_J I
Linda D. Boan, City Clerk Cathi L. Compton, Council President
The foregoing Ordinance No. 932-,05 was read and passed on the third reading, following a
public hearing;,,in;an open.rand regular meeting of the City Council of the City of Zephyrhills,
Florida, on thi'j 2$ fNoember, 2005.
4 ��
AU stf < r (7 > Z5
;Linda ,hoar,City clerk Cathi L. Compton, Council President
The fore'g Or,,malicg $ 932-05 was approved by me this 28th day of November, 2005.
`�°°' Z`�lJ FJ 1 Y•�• ' W. Cliff of ie, Ma
Appro as o eg and legal content
Karla S. Owens, City Attorney
OR BK 6721 PG 10
• EXHIBIT "A" 3 of 6
ECTION A. Scope.
All City property and facilities within or adjacent to designated park areas are governe
y this article. This shall include but is not limited to associated City rights-of-way, parking lots,
tructures and equipment. The use of the term "person" shall include but is not limited t
U . dividuals, groups, entities, and corporations. The City Council reserves the right to allo
ctivities otherwise prohibited to be permitted in a park or public area on a limited basis throug
the use of a special event permit. -
ECTION B. Liability of the City.
Persons shall use the park areas at their own risk. The City of Zephyrhills ,shall°not b
esponsible for accidents, injuries, death loss or destruction of property in parks by theft, fire
rind, flooding or any other actions which are beyond the control of the"City. In addition
quipment furnished on park property is provided solely for the public's, convenience, i
supervised, and shall be used at their own risk. It shall be unlawful to`;trespas on Cit
roperty contrary to any duly authorized signs prohibiting entry in 5 iolation of Section 130.2
of the Zephyrhills Code of Ordinances. •
ECTION C. Responsibility for Children.
Park visitors shall be held responsible for the conduct of and for any damage they or
t ieir children may cause. Children nine (9) years of age and younger shall comply with th
uvenile Curfew Ordinance, Section 130.02 of the Zephyrhills Code of Ordinances, shall not b
1 ft unattended, and must remain under adult supervision at all times in any park. An adult shal
onstitute any individual 18 year of age or older.
ECTION D. Public Use Regulations.
(1) Hours of operation.
(a) Parks shall be open to the public,daily from 6:00 a.m. to 10:00 p.m. It shall b
nlawful for any person to enter or remain in any park at any other time without prior writte
proval of the City Manager or his designee or in violation of Section 130.20(c) of th
ephyrhills Code of Ordinances.
(b) The City Manager, Chief of Police or Parks Manager or their designee i
thorized to close any park, or portion thereof at any time for the protection of park property o
r the public health, safety or welfare.
(2) Special Event Permits.
(a) Other than for regularly scheduled league games or practices, a special even
permit shall be required for the exclusive or special use of all or portions of park areas, buildings,
•athletic fields or trails. Any event to include entertainment, tournaments, exhibitions or an
o her special use which can reasonably be expected to have fifty (50) or more persons involve
o in attendance shall require a special event permit.
ECTION E. Conduct on Park Property.
(1) Within anypar-k,--it shall be unlawful fori any person to:
(a) Use, possess, consume or sell any controlled substance in violation of Chapter
8 3, Florida Statues or Section 130.01 of the Zephyrhills Code of Ordinances;
(b) Possess, consume or sell any type of alcoholic beverage in violation o
S ctions 94.03(d), 112.04 and 130.51 of the Zephyrhills Code of Ordinances unless a special
event permit has been approved by the City Council;
(c) Gamble or participate in any game of chance in violation of Chapter 849,
F orida Statutes or Section 130.35(7) of the Zephyrhills Code of Ordinances;
(d) Engage in disorderly conduct as defined by Chapter 877, Florida Statutes and
S ction 130.35 (10) of the Zephyrhills Code of Ordinances;
(e) Intentionally disturb, harass or interfere with the City's property or another
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OR BK 6721 PG 102
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park visitor's property in violation of Section 130.35 (16) of the Zephyrhills Code of Ordinances;
(f)-Dispose of off-site-garbage, refuse, sewage or trash of any kind in violation of
Sections 50.02 (c), and 50.04 (a) and (b) of the Zephyrhills Code of Ordinances. All other trash
shall be disposed of properly-in trash receptacles provided;
(g) With the exception of paint-ball guns, possession and use of firearms and
weapons shall be authorized only as defined and set forth in Section 790, Florida Statutes;
(h) Set off or attempt to set off or ignite any firecracker, fireworks, smoke bombs,
rockets, black powder guns or other pyrotechnics in violation of Chapter 791, Florida Statutes
and Section 99.01 (c) of the Zephyrhills Code of Ordinances without an approved special event
permit; or
(i) Impersonate any employee-of the:Parks--Department or interfere with; harass
or hinder any employee in the discharge of his duties in violation of Section 130.37 of the
Zephyrhills Code of Ordinances.
SECTION F. Activities in Parks.
(1) Commercial use;solicitation and advertising. There shall be no solicitation, sales,
peddling of goods, wares, merchandise, services, liquids or edibles except by prior permit
granted by City Council pursuant to Sections 115.03 (a), 117.02, and 120.02 of the Zephyrhills
Code of Ordinances or pursuant to an approved special event permit. There shall be no display
or erection of private signage or advertising material.
(2) Pets in parks. It shall-be unlawful for any person to:
(a) Bring any dog, cat or other pet into any park, unless caged or kept on a leash
not more than six (6) feet in length. No ducks, geese, or any other type of bird or animal shall be
brought into any park or public property. Dogs may be allowed off-leash inside designated dog-
park areas;
(b) Allow any dog, cat or other pet to enter a playground area, picnic area, athletic
field or complex,park-building_or any other areas designated-as.a--"no pet"-area-within-a park,-or —
public property; with the exception of service/assistance dogs for individuals with disabilities;
(c) Permit a pet under his control to disturb, harass or interfere with any park
visitor, a park visitor's property or a park employee;
(d) Tether any animal to a tree,plant, building or park equipment; and/or
(e) Fail to clean up their pet's feces and dispose of same in provided trash
receptacles.
(3) Noise;amplification of sound.
Unless an approved special event permit is issued,.it-shall be unlawful for any
person to:
(a) Install, use or operate within the park a loudspeaker or sound amplifying
equipment in a fixed or movable position or mounted upon any sound truck, for the purposes of
giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or
assemblages of persons in or upon any place within a park;
(b) Use, operate Of permit the use or operation'of any radio, tape player,
phonograph, television set, music amplifier or other machine or device for the production or
reproduction of sound in a manner as to be disturbing or a nuisance to-reasonable persons of
normal sensitivity within the area of audibility; and/or
(c) Willfully make or continue, or cause to be made or continued, any loud,
unnecessary or unusual noise which disturbs the peace or quiet within any park, or which causes
discomfort or annoyance to any reasonable park visitor of normal sensitivity.
(2) The following standards shall be considered in determining whether .a
violation of the provisions of this Section exists:
(a) Level of the noise; - -
(b) The intensity of the noise;
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OR BK 6721 P° 103
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(c) Whether the nature of the noise is usual or unusual;
(d) The level and intensity of the background noise, if any;
(e) The type of area from which the noise emanates;
(f) The intensity of human use of the area during the time when the nois
manates;
(g) The time of the day or night when the noise occurs;
(h) The duration of the noise; and
(i) Whether the noise is recurrent, intermittent or constant.
(4) Fires. It shall be unlawful for any person to:
(a) Start a fire in any park, or public property, except in a designated area, an
t en only in fire rings,portable stoves or grills;
(b) Leave a fire unattended or fail to fully extinguish a fire; and/or
(c) Scatter or leave unattended lighted matches, ashes, burning tobacco, paper o
ther combustible material.
(5) Assemblies and meetings. It shall be unlawful for any person to conduct publi
eetings, assemblies, worship services, entertainment, parades or demonstrations involving fift
( 0) or more persons within any park, or public property without an approved special even
ermit.
(6) Entertainment and Amusement devices. It shall be unlawful to bring in, set up
onstruct, manage or operate any amusement or entertainment contraption, device, gadget pettin
rm, pony ride, etc. without an approved special event permit. If applicable, entertainmen
endors shall also provide all necessary Health Department documentation and shall provid
r quired sanitation facilities.
ECTION G. Protection of Property and'Resources.
(1) Disturbance of natural features. It shall be unlawful for any person to:
(a) Intentionally remove, alter, injure or destroy any tree, plant, and shrub i
violation of Sections 100.17, 130.05 and 130.20 (a) and (b) of the Zephyrhills Code o
rdinances;
(b) Dig trenches, holes or other excavations in violation-of Section 130.20 (a)
ad(b) of the Zephyrhills Code of Ordinances; andlor
(c) Introduce any plant, animal or other agent within any park, or public property
ithout the prior approval of the City Council in violation of Section 130.05 of the Zephyrhills
ode of Ordinances.
(2) Disturbance of wildlife. It shall be unlawful for any person to:
(a) Kill, trap, hunt, pursue or in any manner disturb or cause to be disturbed, any
s ecies of wildlife; or
`b Release-or-abandon any animal or bird within any ark or public �ro ert
k ) P p p Y
(3) Destruction or defacement. It shall be unlawful for any person to:
(a) Intentionally deface, vandalize or otherwise cause destruction to any park
pi operty, structure in violation of Section 130.20 (a) and (b) of the Zephyrhills Code o
rdinances; or
(b) Intentionally deface, destroy, c over, damage or remove any placard, notice or
sign or parts thereof, whether permanent or temporary, posted or exhibited by the Parks
Department in violation of Section 130.20 (a) and(b) of the Zephyrhills Code of Ordinances.
SECTION H. Recreation Activities.
(1) Camping. It shall be unlawful for any person to camp overnight in any park, or
public property in violation of Section 130.04 of the Zephyrhills Code of Ordinances unless a
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special event permit has been approved by the City.
(2) Swimming. Unless otherwise designated as a swimming area, it shall be unlawful
for any person to wade or swim within any park, public property, and/or retention or detention
area.
(3) Bicycling. It shall be unlawful for any person to ride or operate a bicycle on any
sidewalk, structure, or ramp that is not designated as a bicycle path or trail in violation of
Chapter 316, Florida Statutes and Section 70.20 of the Zephyrhills Code of Ordinances.
Bicyclists shall operate their bicycle in a prudent and careful manner and shall not exceed speeds
faster than is reasonable and with safe regard to the safety of the operator and other persons in
the immediate area;
(4) All Terrain (ATJ' and off-road vehicles. It shall be unlawful for any person to
operate any All-Terrain Vehicle,--off road vehicle, golf cart or dirt bike in any park, or public
property except as authorized in an approved Special Events Permit.
(5) Motor vehicle operation. It shall be unlawful for any person to operate any vehicle
within any park, or public property, except upon designated roadways, parking areas or other
designated locations except as authorized in an approved Special Events Permit.
(6) Maintenance of personal vehicles. It shall be unlawful for any person to wash any
vehicle with City supplied water or to perform routine maintenance including but not limited to
greasing, changing oil or fluids or performing any other type of vehicle maintenance in any park,
or public property, except in the case of an emergency.
SECTION I. Enforcement.
(1) The City of Zephyrhills Code Enforcement Division and/or Police Department in
connection with duties imposed by law, shall enforce the provisions of this Ordinance and may
issue citations, and eject from any park, or public property, persons acting in violation of the
provisions of this Ordinance. The above departments shall have the authority to seize, confiscate
and impound any substance, plant, animal, vehicle or other article which upon probable cause, is
found to be used or possessed in violation of this Ordinance.
(2) The City of Zephyrhills Police Department or Pasco County Animal Control
Officers shall have the authority to impound pets found in violation of this Ordinance.
(3) Any park reservation may be revoked upon violation by the permittee of any
ordinance, rules or regulation of the City.
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