Sec. 46-61. Penalty.

Any person who violates any provision of this article shall, upon conviction thereof, be punished as provided in section 1-14.

(Code 1982, § 13-38)

Sec. 46-62. General rules and regulations for all parks, beaches and recreational areas.

(a)   The following rules and regulations pertain to all city owned, leased or operated parks, beaches and recreational areas.

(1)   No automobile, truck, recreational vehicle, camper, trailer, motorcycle, motor scooter, motor bicycle, bicycle, golf cart or other mode of conveyance shall be driven or parked except in those areas specifically designed or otherwise designated by signs to be used for such driving or parking; provided, however that the city manager may issue written permits granting special driving and/or parking privileges, upon application therefore, to persons suffering acute physical disabilities, which permits shall specifically recite on the face thereof the exact extent of the special privileges and the area or areas involved. Vehicles performing services or deliveries and agents or employees of governmental bodies operating vehicles or equipment on official business shall be exempt from this subsection. No person shall park a vehicle in any area in excess of 18 consecutive hours. Any vehicle parked over 18 hours may be removed, unless authorized by the city manager, from the parking area to the nearest garage, to a garage designated or maintained by the city or its police department or to another place of safety, all in accordance with section 70-6 of this Code.

(2)   No person permitted to operate an automobile, truck, recreational vehicle, camper, trailer, motorcycle, motor scooter, motor bicycle, bicycle, golf cart or other mode of conveyance shall operate it at a rate of speed in excess of 15 miles per hour.

(3)   No overnight camping of any type or sleeping shall be allowed except in those areas that are specifically designed or otherwise designated by signs for such use.

(4)   No person shall dispose of any paper, waste, garbage, trash, cigarette butts, debris, or other litter of any kind except in proper receptacles. Only such paper, waste, garbage, trash, debris or other litter as may have been created or accumulated in the use of a park, beach or recreational area shall be disposed of in such receptacles.

(5)   No person shall solicit or canvass for the sale or rental of merchandise, services, goods or property of any kind or character. This prohibition shall not apply to a tenant, concessionaire, permittee or licensee of the city lawfully operating within the terms of any lease, concession agreement, license or permit granted by the city.

(6)   No person shall hold, drink from, carry into, otherwise possess, or dispose of glass containers of any kind.

(7)   No person shall perform any activity, which, at the time of performance, is not compatible with the public's utilization of the area. No person shall ride, use or operate bicycles, roller skates, roller blades, skate boards and/or similar devices in or on gazebos, fountains, structures, shelters, benches, tables, chairs, paver areas or improved surfaces, monuments, signs, newspaper racks or other amenities.

(8)   Fires are prohibited, except in such grills, fireplaces, barbecue pits or such other receptacles as may be specifically designed for such use. No cooking surface shall be larger than 400 square inches in size. Exemptions may be authorized by the city manager.

(9)   Dogs, cats, and other animals are not allowed in the following: Brohard Park, Chauncy Howard Park, Chuck Reiter Park, East Gate Park, Hecksher Park, Higel Marine Park, Humphris Park, Marina and Boat Ramp, Mundy Park, Patriots Park, Service Club Park, Venice Myakka River Park, Venice Municipal Beach Park and Wellfield Park. Any dog, cat or other animal (except for dogs trained to assist or aid disabled or handicapped persons) found in violation of this section may be impounded and held in accordance with the provisions of county Ordinance No. 95-42.

(10)   The use of tobacco products is prohibited in all areas, within a defined perimeter, in areas used for organized youth athletic activities. The defined perimeter is the area that encompasses all athletic fields, spectator stands, concession areas, restroom areas, walking or congregating areas, and all intervening spaces. This area is often times, but not exclusively, outlined by perimeter fencing with gates at points of entry. A youth athletic organization or league is defined as an organization which contracts with the county division of parks and recreation, to conduct activities related to youth athletic leagues, including athletic practices and games, meetings, clinics, and demonstrations, on a regularly scheduled basis (e.g. baseball, football, soccer, softball).

(11)   No person shall sell, possess or consume any alcoholic beverages without the written authorization of the city manager.

(12)   No person shall destroy, injure, deface, mar, move, dig, harmfully disturb or remove from any area, or the waters thereof, any buildings, structures, facilities, historic resources, equipment, park property, soil, sand, gravel, rocks, stones, fossils, minerals, plants, trees and shrubs (including terrestrial, aquatic, marine, or epiphytic plants) or animals, artifacts, or other materials.

(13)   No person shall cut, carve, injure, mutilate, move, displace, or break off any natural water bottom formation or growth.

(14)   No person shall introduce any plant or animal species by willful abandonment, negligence, or for any other reason without permission from the city.

(b)   Exemptions  . The following activities are exempt from the prohibitions contained herein: 

(1)   Sculpting of sand (such as sand castles) on public beaches, or the collection of shells, sharks' teeth, and other natural materials that wash up on public beaches except as otherwise prohibited by federal, state, or local laws.

(2)   Collection of natural objects, including plant and animal life and minerals, for scientific and educational purposes so long as such collection is conducted in compliance with terms or written permission granted from the city manager.

(3)   The permitted trapping or removal of animals by a party authorized by the city.

(4)   Maintenance, repair or improvements by a party authorized by the city.

(5)   Fishing.

(Code 1982, § 13-35(a); Ord. No. 2001-12, § 2, 1-9-01; Ord. No. 2006-05, § 2, 4-11-06)

Sec. 46-63. Venice Municipal Beach.

In addition to the rules and regulations set forth in section 46-62, the following rules and regulations shall be in effect at the Venice Municipal Beach park. No person entering upon and using the Venice Municipal Beach park shall:

(1)   Swim or enter the surf contrary to the lifeguard's instructions.

(2)   Swim or otherwise proceed beyond limits designated by lifeguards.

(3)   Be permitted on lifeguard stands unless authorized by lifeguards or the police department.

(4)   Operate bicycles, roller skates, roller blades, skateboards and/or similar devices in the pavilion area.

(5)   Fish in the swimming area.

(Code 1982, § 13-35(b))

Sec. 46-64. Venice Fishing Pier.

In addition to the rules and regulations set forth in section 46-62, the following rules and regulations shall be in effect for use at the Venice Fishing Pier.

(1)   No person entering upon and using the Venice Fishing Pier shall:

a.   Use more than two fishing lines at one time.

b.   Operate bicycles, roller skates, roller blades, skateboards and/or similar devices on the pier or around the concession area.

(2)   No person shall operate or navigate any boat or other watercraft within 300 feet of the Venice Fishing Pier.

(3)   No person shall dive or jump from the fishing pier or swim or surf within 150 feet of the centerline of the pier structure.

(Code 1982, § 13-35(c); Ord. No. 2000-13, § 1, 3-14-00; Ord. No. 2006-05, § 3, 4-11-06)

Sec. 46-65. Venetian Waterway Park.

The Venetian Waterway Park is a public park designed to be a multi-use facility. In addition to the rules and regulations set forth in section 46-62, the following rules and regulations shall be in effect at Venetian Waterway Park.

(1)   Use of the park between dusk to dawn is prohibited.

(2)   Exemptions:

a.   Animals on leashes are permitted.

b.   Bicycles, roller blades, roller skates, skateboards, and segways are permitted.

(Ord. No. 2006-05, § 4, 4-11-06)

Sec. 46-66. Certain parks closed to vehicles during nighttime hours.

(a)   "Vehicles" defined.  As used in this section, the term "vehicles" means any motorized device in, upon or by which any person or property may be transported or drawn, including automobiles, trucks, motorcycles, tractors, buses, motor homes or campers. 

(b)   Designated areas; closing time.  The following are closed to vehicles between the hours of 12:00 midnight and 6:00 a.m. daily unless city council orders any of the facilities to be subject to a different closing time: 

(1)   Brohard Park (except for those utilizing the fishing pier).

(2)   Chuck Reiter Park.

(3)   Graser Park.

(4)   Hecksher Park.

(5)   Humphris Park (except for those utilizing the jetty for fishing.)

(6)   Municipal Beach.

(7)   Patriots Park.

(8)   Service Club Park.

(9)   Venice Wellfield.

(c)   Special driving and parking privileges.  These may be authorized by the city manager. 

(d)   Exceptions.  This section shall not apply to persons having on their person or vehicles a written permit issued by the city manager or to official governmental vehicles. 

(e)   Penalty.  Any person, except persons falling within the exception set out in subsection (d) of this section, operating a vehicle, whether the owner thereof or not, who enters any city-owned, city-operated or city-leased park, recreational area, beach or beach access named in this section with such vehicle in violation of this section shall, upon conviction, be punished as prescribed in section 1-14 of this Code. 

(Code 1982, § 13-36; Ord. No. 2006-05, § 4, 4-11-06)

Editor's note:  Ord. No. 2006-05, § 4, adopted April 11, 2006, renumbered former section 46-65 as new section 46-66. In order to avoid the duplication of section numbers, existing section 46-66 has been renumbered as new section 46-67 at the discretion of the editor. 

Cross references:  Traffic and vehicles, ch. 70. 

Sec. 46-67. Nude swimming or sunbathing in beaches, parks and public places.

(a)   Prohibited.  It shall be unlawful for any person to indecently expose his person by bathing, washing, swimming or wading, which shall include the act of sunbathing naked, at any bayou, canal, river, public beach or public park, on property owned by the city, at the waters adjacent to any beach, or at any public place within the city. 

(b)   Definitions.  The following definitions shall be used for purposes of this section: 

(1)   Naked  means insufficiently clothed so that the person has not covered, with fully opaque covering: 

a.   The male or female genitals;

b.   The male or female pubic area;

c.   The male or female anal cleft; or

d.   The areola of the female breast, and any portion of the female breasts below the top of the areola.

(2)   Public place  means any location frequented by the public where the prohibited act of being naked may reasonably be expected to be observed by others. 

(3)   Adjacent to any beach  means in such proximity to a beach frequented by the public that the act of being naked may reasonably be expected to be observed by others while present at a beach. 

(Code 1982, § 13-37)

Editor's note:  See Editor's note following section 46-66 

Cross references:  Nudity in establishments serving alcoholic beverages, § 6-6. 

State law references:  Indecent exposure, F.S. § 800.03. 

Secs. 46-68--46-90. Reserved.