ARTICLE II. USE OF PARKS, BEACHES AND PUBLIC LAND*

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*Cross references: Watercraft, ch. 130.

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Sec. 90-31. [Commercial activities on beaches and recreation areas.]

(a)     Findings. The Board of County Commissioners of Sarasota County, Florida, hereby finds and determines:

(1)     That commercial solicitation along the Sand Beach Areas and other recreation areas of Sarasota County has become a nuisance unreasonably interfering with the flow, recreation, use, enjoyment and privacy of citizens and guests of Sarasota County and directly and adversely affecting the major industry of Sarasota County, tourism.

(2)     That the Sand Beach Areas and other Public Recreation Areas of Sarasota County have been traditionally used for noncommercial recreational activities and that commercial solicitation is inconsistent with the recreational purposes for which such Sand Beach Areas and other recreational areas are used.

(3)     That ample alternative channels for the communication of commercial speech, such as Soliciting from locations other than Sand Beach Areas and other Public Recreation Areas, and the erection of signs to attract customers, are available to Persons seeking to merchandise goods or services.

(4)     That reasonable restrictions on commercial solicitation, Canvassing and merchandising of goods and services along the Sand Beach Areas and other Public Recreation Areas of Sarasota County will promote the general welfare, tranquility and the high quality of life associated with beachfront community living and recreation.

(b)     Definitions. For the purpose of this section, the following terms shall have the meaning indicated in this subsection.

(1)     Sand Beach Area means the land between the waters of the Gulf of Mexico, including the waters thereof, and the appropriate gulf beach setback line or barrier island pass 20-year hazard line established by Sarasota County.

(2)     Public Recreation Area means any property owned, leased, or operated by Sarasota County, and used for public park or recreational purposes.

(3)     Solicit or Canvas means any act, delivery, or exchange, not initiated by the prospective customer, which directs attention to any business, mercantile or commercial establishment, or any other commercial activity, for the purpose of directly or indirectly promoting commercial interests through sales, rentals or any exchange of value.

(4)     Person means any individual, firm, association, partnership, joint adventure, business, trust, syndicate, or corporation.

(c)     Soliciting or Canvassing prohibited. No Person shall Solicit or Canvas for the sale or rental of merchandise, services, goods, or property of any kind or character, in, upon, or from the Sand Beach Areas and Public Recreation Areas located in Sarasota County, Florida. This prohibition shall not apply to a tenant, concessionaire or licensee of Sarasota County lawfully operating within the terms of any lease, concession agreement or license granted by Sarasota County.

(d)     Penalties. Any Person violating the provisions of this section shall be guilty of an offense punishable as provided by law. Each day a violation shall exist or continue shall constitute a separate offense.

(e)     Severability. Should any subsection, sentence, clause, part or provision of this section be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this section as a whole, or any portion thereof, other than the portion declared to be invalid.

(f)     If this section is in conflict with any municipal ordinance, the provisions of the municipal ordinance shall prevail within the limits of such municipality as provided for in the Sarasota County Charter, Section 3.3.

(Ord. No. 87-013, §§ 1--6, 2-3-1987)

Sec. 90-32. [Use restrictions for parks, beaches and recreation areas.]

(a)     Regulations pertaining to County owned or operated parks, beaches and recreation areas.

(1)     No automobile, truck, motorcycle, motor scooter, motor bicycle, bicycle, or other mode of conveyance shall be driven or parked on any County owned or operated park, beach or recreation area except in those areas specifically designed or otherwise designated by signs to be used for such driving or parking; provided, however that the County may, from time to time, issue written permits granting special parking privileges, upon application therefor, 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.

(2)     No person permitted to operate an automobile, truck, motorcycle, motor scooter, motor bicycle, or other mode of transportation on a County owned or operated park, beach or recreation area shall operate same in excess of 15 miles per hour.

(3)     No overnight camping of any type shall be allowed at any County owned or operated park, beach, or recreation area except in those areas that are developed and designated for such use.

(4)     No person shall dispose of any paper, waste, garbage, trash, cigarette butts, debris, or other litter of any kind on any County owned or operated park, beach or recreation area except in proper receptacles and recyclables. 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 recreation area shall be disposed of in such receptacles.

(5)     The sale of food or drink of any kind, including beer and other intoxicating beverages, or the sale or rental of athletic equipment, sports equipment, jet skis and other watercraft, or any other items, on any County owned or operated park, beach or recreation area is prohibited; provided, however, that the County may, from time to time, issue permits, or enter license agreements, leases or other agreements for the sale or rental of any of the above on such terms and conditions as the County shall deem proper and in the best interest of the citizens of Sarasota County.

(6)     No person shall hold, drink from, carry into, otherwise possess, or dispose of glass beverage containers of any kind on a County owned or operated park, beach, or recreation area.

(7)     The playing of sports and games in which an object is propelled through the air by any means shall be limited to those areas specifically designed or otherwise designated for such activities at any County owned or operated park, beach, or recreation area.

(8)     Fires are prohibited in any County owned or operated park, beach or recreation area, except in such grills, fireplaces, barbecue pits or such other receptacles as may be specifically designed therefor.

(9)     Dogs, cats, and other pets are prohibited from and are not allowed in any County owned or operated park, beach or recreation area outside of areas specifically designated for activities involving such animals, except for dogs trained to assist or aid disabled or handicapped persons when such dogs are actually being used to assist or aid such persons. Any dog, cat or other pet found in any County owned or operated park, beach, or other recreation area in violation of this section may be impounded and held in accordance with provisions of Sarasota County Ordinance No. 95-42 (Chapter 14, Article II, of this Code).

(10)     The use of tobacco products is prohibited in all areas, within a defined perimeter, at County owned or operated parks used for organized youth athletic activities at all times. 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 Sarasota County Community Services Business Center, 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 at County owned or operated parks (e.g. baseball, football, soccer, softball).

(b)     Penalties. Any person violating any provision of this Ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted and shall be punished by a fine not to exceed $500.00 or 60 days imprisonment in the County Jail or by both such fine and imprisonment.

(c)     Posting of signs. The County Administrator or his designee is hereby authorized to post appropriate signs giving notice of these regulations.

(d)     Severability. If any section, sentence, clause, phrase or word in this Ordinance is for any reason held or declared to be unenforceable or unconstitutional, the remaining portions shall not be effected.

(e)     Not applicable to authorized vehicles. This Ordinance is not applicable to authorized emergency vehicles as defined in F.S. § 316.003(1), to authorized maintenance or repair vehicles, and to marked vehicles of public safety and public service agencies.

(f)     Repeal of ordinances. Sarasota County Ordinance Nos. 72-2 and 73-10 providing for the governance of County owned and operated parks, beaches, and recreation areas are hereby repealed.

(g)     References to other authorities. Where a statute or ordinance is referenced herein, this shall mean the most recently adopted version of said statute or ordinance.

(h)     Sunset provision. This Ordinance shall be automatically repealed on October 31, 2010, unless otherwise amended or ratified by the Board of County Commissioners of Sarasota County, Florida.

(Ord. No. 78-035, §§ 1--5, 3-21-1978; Ord. No. 79-090, § 1, 9-18-1979; Ord. No. 79-096, § 1, 9-25-1979; Ord. No. 81-019, § 1, 3-3-1981; Ord. No. 88-003, § 1, 1-19-1988; Ord. No. 96-089, §§ 1--5, 7, 8, 1-7-1997; Ord. No. 2000-076, § 2, 11-8-2000; Ord. No. 2003-086, §§ 2--8, 10-22-2003)

Sec. 90-33. [Vehicles and Watercraft prohibited from parks, recreation areas and beaches during certain hours.]

(a)     Findings of fact. The Board of County Commissioners hereby makes the following findings:

(1)     Population growth County-wide and accelerated growth in utilization of public recreation facilities has resulted in increased vandalism of public structures and in some instances destruction of natural environmental aspects of some sites, such as beach dunes.

(2)     A schedule of openings and closings which is as nearly uniform as possible will be advantageous to the public, and will be of benefit to security forces which are charged with law enforcement.

(3)     Acts of vandalism and destruction of County recreation facilities occur predominantly during evening hours after active recreation programs have been concluded and permanent staff are no longer located at the premises.

(4)     Experience has shown that vandalism at County recreation facilities can be effectively controlled by regulating the presence of motor Vehicles and Watercraft at such facilities.

(b)     Definitions.

(1)     Vehicles. "Vehicles" means any device, in, upon, or by which any person or property may be transported or drawn, including automobiles, trucks, motorcycles, tractors, trailers, buses, motor homes or campers, whether motor-drawn or not.

(2)     Watercraft. "Watercraft" shall mean any boat, motorboat, sailboat, vessel, houseboat, barge, surfboard, floating structure, floating home or any contrivance of any nature whatsoever which is waterborne and is capable of moving under its own mechanical power, by sail or by tow line.

(c)     Hours Vehicles and Watercraft are prohibited from parks, recreation areas and beaches. All County owned, operated or leased parks, recreation areas or beaches or beach accesses are closed to Vehicles and Watercraft during the hours of 12:00 midnight and 6:00 a.m. daily unless the Board of County Commissioners, for good and sufficient reason, orders any of said facilities to be subject to a different closing time.

(d)     Posting of signs. The Director of Parks and Recreation shall cause appropriate signs to be erected at or near places that may be viewed by persons operating motor Vehicles and Watercraft in and upon said parks, recreation areas or beaches or beach access routes, so as to warn persons entering or about to enter therein of the prohibition of Vehicles and Watercraft in said areas during the hours set out in subsection (c) of this section, or as ordered by the Board of County Commissioners pursuant to this section.

(e)     Exceptions.

(1)     This section shall not apply to Vehicles entering or parking in areas designated by posted signs for boat ramp parking and when such entering and parking is in connection with the use of the operator of the Vehicle of the boat ramp facility, or to persons having on their person or Vehicles a written permit issued by the County Administrator, as set forth in subsection (e)(2) of this section. This section shall not apply to law enforcement Vehicles, emergency Vehicles or other authorized County Vehicles.

(2)     The Board of County Commissioners may authorize the County Administrator to issue permits to persons granting permission to the permit holder to enter designated parks, recreation areas or beaches, upon request and upon a finding by the Board of County Commissioners that the denial of Vehicle access by the applicant during the times the facilities are closed to Vehicles as provided by this section would create an unreasonable hardship to the applicant. Any said permit shall specify the name, Vehicle, designated area, time and date authorized by the permit.

(f)     Penalty and enforcement. The provisions of this section shall be enforced by the Sarasota County Sheriff's Office. A violation of this section shall be treated as a misdemeanor as provided by F.S. § 125.69.

(g)     Severability. If any subsection, sentence, clause, phrase or word in this section is for any reason declared to be unenforceable or unconstitutional by a court of competent jurisdiction, the remaining portions shall not be affected.

(h)     Sunset provision. This section shall be automatically repealed on December 31, 2010, unless otherwise amended or ratified by the Board of County Commissioners of Sarasota County, Florida.

(Ord. No. 84-003, §§ 1--7, 1-10-1984; Ord. No. 89-042, §§ 1--7, 5-9-1989; Ord. No. 96-092, §§ 1--8, 12-10-1996; Ord. No. 2003-103, § 2, 12-3-2003)

Cross references: Parks, recreation and public lands, ch. 90.

Sec. 90-34. [Fees.]

(a)     Fees authorized.

(1)     The Sarasota County Parks and Recreation Department is hereby authorized to charge the following types of fees in accordance with the standards of this section:

a.     Entrance fees are charged to enter a large park, botanical garden, zoological garden, or other developed recreational area. The areas are usually well defined but are not necessarily enclosed. The entrance is the patron's first contact with the park; however, it may contain additional facilities or activities for which fees are charged.

b.     Admission fees are described as charges made to enter a building, structure, or natural chamber. These facilities usually offer an exhibit, show, ceremony, performance, demonstration, or special equipment. Entry and exit are normally controlled and attendance is regulated.

c.     Rental fees are payments made for the privilege of exclusive use of tangible property of any kind. This fee gives the patron the right of enjoying all the advantages derivable from the use of the property without consuming, destroying, or injuring it in any way.

d.     User fees are defined as charges made for the use of a facility, participation in an activity, or fares for a controlled ride. The patron usually enjoys the privilege of use simultaneously with others.

e.     Sales revenues are revenues obtained from the operation of refectories, stores, concessions, restaurants, etc., and from the sale of merchandise or other property. Unconditional ownership of the item must pass from the seller to the buyer with each sale.

f.     License and permit fees are synonymous. A license is a written acknowldgement of consent to do some lawful thing without command and it is usually issued by a division of government. A license ordinarily involves permission to perform an action, but it seldom grants authority to occupy space or use property.

g.     Special service fees are charges made for supplying extraordinary articles, commodities, activities, or services as an accommodation to the public. These accommodations must be unusual in character and not normally considered a required governmental service.

All fees shall, to the extent practicable, be equal to the average actual cost, including overhead, incurred by the Parks and Recreation Department in programming and maintenance for the parks and recreation facilities under its control.

(2)     A general fee schedule, based upon competent substantial data developed by the Sarasota County Parks and Recreation Department and meeting the standards of subsection (a)(1) of this section, may be established by resolution of the Board of County Commissioners and amended by the Board from time to time in accordance with the standards of this section.

(3)     The fee schedule, except daily pool user fees, shall be adjusted on February 1 of each calendar year, in direct proportion to the cost of living as determined by the Consumer Price Index (1982--84 = 100) for All Urban Consumers, U.S. City Average, All Items, published by the Bureau of Labor Statistics of the U.S. Department of Labor, or any revision equivalent thereto published by the Bureau. If there ceases to be any such publication as the Consumer Price Index referenced above, some other substantially equivalent generally recognized as authoritative, may be substituted provided that such an alternate index shall be appropriately reconciled to the above referenced base 100. The fees shall be determined by multiplying the preceding year's base fees by a fraction, the numerator of which shall be the index for the latest month published immediately prior February 1 and the denominator of which shall be the index number for the same month one year earlier. The fees determined by such calculation shall be effective on February 1 of each calendar year without further action by the Board.

(b)     Appeals. Appeals from any fee charged under the authority of this section shall be heard by the Board of County Commissioners at a regularly scheduled meeting after notice to the appellant. Based upon competent substantial evidence, the Board of County Commissioners may, after the hearing, adjust the fee in accordance with the standards of subsection (a)(1) of this section.

(c)     Penalty for failure to pay fees. Any person who shall fail to pay, or seek to evade payment of, a required fee authorized by this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500.00 or by imprisonment in the County jail not to exceed 60 days or by both such fine and imprisonment.

(Ord. No. 79-075, §§ 1--3, 9-11-1979; Ord. No. 81-031, § 1, 3-17-1981; Ord. No. 98-002, § 1, 1-6-1998; Ord. No. 2002-015, § 2, 1-23-2002)

Sec. 90-35. [Protection of property and natural resources.]

(a)     Findings.

(1)     The Board of County Commissioners finds that it is authorized by F.S. ch. 125 to establish parks, beaches, recreation areas, or other public lands for the protection and preservation of their natural features or historic significance and for public use and enjoyment of the areas and facilities.

(2)     The Board of County Commissioners finds that, in order to maintain public lands, it is necessary there be no unauthorized removal or destruction of property at parks, beaches, recreation areas, or other public lands.

(b)     Regulations pertaining to County owned or operated parks, beaches, recreation areas and lands.

(1)     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 (including terrestrial, aquatic, marine, or epiphytic plants) or animals, artifacts, or other materials from County parks, beaches, recreation areas or other public lands.

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

(3)     No person shall introduce into any park, beach, recreation area, or other public land any plant or animal species by willful abandonment, negligence, or for any other reason without permission from the County department or division charged with enforcement of this provision.

(c)     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 County department or division charged with enforcement of this provision. Permission shall be applied for by submitting a written request at least ten business days prior to collection.

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

(4)     Maintenance, repair or improvements to parks, beaches, recreation areas, and other public lands by a party authorized by the County.

(5)     Fishing.

(d)     Penalties. Any person who violates any provision of this section is subject to prosecution for a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 and 775.083, by a defined term of imprisonment not exceeding 60 days and a fine not exceeding $500.00.

(e)     Posting of signs. The County Administrator or his designee is hereby authorized to post appropriate signs giving notice of these regulations.

(f)     References to other authorities. Where a statute or ordinance is referenced herein, this shall mean the most recently adopted version of said statute or ordinance.

(g)     Severability. If any provision of this section is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining provisions.

(h)     Sunset provision. This section shall be automatically repealed on May 31, 2005, unless otherwise amended or ratified by the Board of County Commissioners of Sarasota County, Florida.

(i)     Jurisdiction. This section shall apply throughout Sarasota County except as provided in Section 3.3 of the Sarasota County Charter.

(Ord. No. 98-045, §§ 1--8, 10, 5-5-1998)