§ 16-2. Regulation of use of parks and park property.
(A)
DEFINITIONS. For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein:
(1)
The word "department" means the Coral Springs Department of Parks and Recreation.
(2)
The word "director" means the director of the parks and recreation department.
(3)
The words "law enforcement officer" means any member of the Coral Springs Police Department authorized to enforce all criminal and traffic laws and ordinances within the City of Coral Springs.
(4)
The words "mobile vending vehicle" mean any vehicle, whether motorized or not, regardless of the number of wheels affixed thereto, from which food of any kind, beverages, goods, wares, or merchandise are sold.
(5)
The word "park" means any public park, recreation or playground area, or building or facility thereon, within the City of Coral Springs owned and maintained as a public park, whether or not such areas have been formally dedicated to such purpose.
(6)
The words "park ranger" mean any employee of the City of Coral Springs under the supervision of the director and authorized to enforce this section, specifically including but not limited to all applicable littering and vehicle parking laws and ordinances within park boundaries.
(7)
The word "permit" means the written permission that must be obtained from the director or his designated agent to carry out a given activity in a park.
(8)
The word "person" means any person, firm, partnership, association, club, corporation, company or organization of any kind.
(9)
The word "vehicle" includes any wheeled device of conveyance, whether propelled by motor, animal or human power. The term shall include any trailer in tow of any kind, size or description. Exception is made for baby carriages and vehicles in the service of the City of Coral Springs.
(B)
CONTROL OF VEHICLES.
(1)
Vehicles and traffic laws. All applicable state and local vehicle and traffic laws and ordinances shall continue in full force and effect in any park.
(2)
Operation of vehicles within parks.
(a)
No person shall operate a vehicle in a park except upon designated paved or improved park roads or driveways, or in and upon designated areas or trails set aside for use by such vehicles, unless directed by a law enforcement officer or park watchman to do so, or by official signs or markings.
(b)
No person shall operate a vehicle within the park in excess of fifteen (15) miles per hour, except upon these roads or driveways where official signs or markings designate a different speed limit.
(3)
Parking.
(a)
No person shall park a vehicle on park property other than in areas designated for parking that type of vehicle, unless there is an emergency or unless directed to do otherwise by a law enforcement officer or a park ranger. Parking shall conform to officially posted signs or markings unless other instructions are given by a law enforcement officer or a park ranger.
(b)
No vehicle shall be left standing or parked at night within a park without lights clearly visible front and rear for at least two hundred (200) feet, except in designated parking areas.
(c)
No vehicle shall be left parked on park property after park closing hours without obtaining a permit from the director.
(4)
Mobile vendors. No person shall operate a mobile vending vehicle within a city park unless the following conditions have first been met:
(a)
Mobile vendors are not allowed in city parks unless they are contracted by the city or by an event-holder for a city-approved event;
(b)
The owner/operator of the mobile vending vehicle must obtain a permit as required by section 16-2(F) below;
(c)
The mobile vending vehicle must only serve as a vendor in a temporary capacity, subject to the event-specific requirements as determined by the director;
(d)
The mobile vending vehicle must be positioned at a location designated by the director or his/her designee;
(e)
The mobile vending vehicle must be stationary at that designated location prior to selling food, beverages, or any other goods, and must remain stationary for the entirety of the event for which the permit was issued;
(f)
The owner/operator of a mobile vending vehicle must provide proof of applicable licensure, including, but not limited to, licensure from the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants; and
(g)
If the owner/operator of a mobile vending vehicle is providing its services to an event-holder other than the city, he/she must provide proof that they are an approved vendor for that event.
(C)
PARK PROPERTY.
(1)
Buildings and other property. No person shall in any park do or cause to be done any of the following without first obtaining a permit from the director:
(a)
Wilfully mark, deface, or injure in any manner, or displace, remove, or tamper with any park building, bridge, table, bench, fireplace, railing, paving or paving materials, water line or other public utility or parts thereof, park sign or marking whether temporary or permanent, monument, stake, post, or other structure or equipment, facility, or park property of any kind.
(b)
Wilfully dig, cut, move or remove from any park or park area any sand, wood, turf, grass, gravel, shrub, or other material, or make any excavation by hand, tool, equipment, blasting, or other means.
(c)
Construct or erect any building or structure of any kind, whether permanent or temporary, or run or string any public and/or private utility into, upon or across a park.
(2)
Trees, shrubbery, lawns. No person shall in any park do or cause to be done any of the following without first obtaining a permit from the director:
(a)
Wilfully pick, saw, chop, cut, carve, remove, or injure any flowers, seeds, blooms, bark, branches, twigs, or leaves of any tree, plant, shrub, vine, bush or any other vegetation.
(b)
Wilfully drive any nail, staple, or attach or fasten any wire, rope, other device to any tree or plant, or tie or hitch any animal to any tree or plant.
(c)
Wilfully dig in or disturb any grass areas, or in any way injure or impair the natural beauty or usefulness of any park area.
(d)
Wilfully climb any tree, or walk, stand or sit upon any monument, vase, fountain, railing, fence, or any other park property designated or normally used for such purpose.
(e)
Wilfully bring in or dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash; but shall place same in the proper receptacles when these are provided; when receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.
(D)
RECREATIONAL ACTIVITIES.
(1)
Swimming.
(a)
No person in a park shall:
1.
Swim, bathe, or wade in any waterway in or adjacent to any park, except in such water or waterway as the director may designate, and in accordance with the terms of this section and any other regulations that the director may promulgate.
2.
Frequent any water or places where swimming, bathing or wading is permitted, except during those hours that the director has established for such activities.
3.
Change into bathing clothes from street clothes, or from bathing clothes into street clothes, except in a bath house or other structure designated for such use.
(b)
The director shall not designate any water or waterway for swimming, bathing or wading where such use of the water would be dangerous to the public health, safety or welfare.
(2)
Fishing.
(a)
No person shall engage in fishing for profit in park waters, or shall buy or sell fish caught in park waters on park property.
(b)
No person shall fish in any park waters where swimming, bathing, or wading is permitted.
(3)
Dangerous instruments.
(a)
No person except an authorized Coral Springs employee, park watchman, or law enforcement officer, shall bring onto park property or have in his possession on park property any explosive, dynamite cap, fireworks, slingshot, cross bow, bow and arrow, any trapping device, any incendiary bomb or material, any smoke or stink bomb, any tear gas or other disabling chemical or agent, any acid or caustic substance, or any inflammable liquid except fuel contained in the fuel tank of a motor vehicle, vessel, lantern, camp stove or camp heater, and not more than one (1) gallon of liquid fuel in a closed metal container.
(b)
No person shall discharge any of the weapons or instruments listed in subsection (3)(a) into any park from outside a park.
(c)
The director may designate areas within a park where bows and arrows can be used. In such cases, the director shall promulgate regulations for the safe use of such devices, and no person shall fail to abide by such regulations.
(4)
Picnic areas and use.
(a)
The director shall designate those areas of a park where picnicking is permitted. No person shall picnic other than in a designated area.
(b)
Individual fireplaces and tables in picnic areas shall be available on a "first come, first served" basis, except that a group of twenty (20) or more persons must obtain a permit in advance for the use of picnic facilities.
(c)
Picnickers shall not leave a picnic area before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in a disposal receptacle, where provided. If no trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
(5)
Camping.
(a)
No person shall camp in a park except in areas that have been designated for camping by the director, if any. Camping shall be limited to tent camping, trailer camping, or camping with other equipment designed specifically for camping.
(b)
No person shall camp in a park without first obtaining a camping permit from the director or his designated agent.
(6)
Fires.
(a)
No person shall start or maintain, in any park, any outdoor fire except in designated picnic or camping areas. Fires shall be limited to cooking fires, or fires in camp lanterns or heaters.
(b)
Cooking fires shall be started and maintained only in a stove, fireplace, or barbecue pit maintained by the department. Fuels used in cooking fires shall not produce any noxious fumes or smoke.
(c)
No person starting or maintaining any fire in a park shall leave the area where the fire is located without first completely extinguishing the fire.
(7)
Animals and pets.
(a)
No person in a park shall:
1.
Ride a horse, mule, donkey, or pony except on designated paths or trails. Where riding is permitted, the animals used shall be thoroughly broken and properly restrained, and ridden with due care, and shall be attended, and shall not be hitched to any rock, tree, or shrub. The director may designate which trails or paths in a park, if any, can be used for riding.
2.
a.
Permit entry of a dog or other domesticated animal in their custody and/or control. Exceptions shall be permitted for dogs assisting disabled individuals(s) and for police dogs used in their official capacity.
b.
The above notwithstanding, dogs will be permitted within the enclosed or fenced area (dog park) located at the Sportsplex at Coral Springs or any other enclosed or fenced area (dog park) designated by the city commission. Dogs which are in the parking area adjacent to the enclosed or fenced area shall at all times be restrained and kept on a leash not more than six (6) feet in length. Dogs shall wear their county issued license tags at all times. For temporary special events, the city may approve the designation of other areas for domestic animals.
3.
Abandon any animal in the park.
(b)
The prohibitions of subsection 16-2(D)(7)(a) shall not apply to:
1.
Horses or dogs used by a law enforcement officer or park ranger in the performance of his duties.
2.
Guide dogs used by a visually handicapped or disabled person, provided that the dog is at all times kept under control.
3.
Animals or fowl kept by the department or under its direction.
(c)
Dog fouling.
1.
Duty to dispose. It shall be the duty of each person who owns, keeps, has custody of or controls a dog to immediately remove all feces deposited by his/her dog in any park area and dispose of the same in a sanitary manner.
2.
Duty to possess means of removal. No person who owns, keeps, has custody of or controls such dog shall bring said dog to any park area without the means of removal of all feces deposited by his/her dog and disposal of the same in a sanitary manner.
3.
Method of removal and disposal. For the purpose of subsection 16-2(D)(7)(c), the means of removal shall be any tool, implement, or other device carried for the purpose of picking up and containing such feces, unexposed to said person or the public. Disposal shall be accomplished by transporting such feces to a place suitable and regularly reserved for the disposal of human feces, specifically reserved for the disposal of canine feces or as otherwise designed as appropriate by any other governmental agency.
4.
Fine. Violation of the regulation shall be a waiverable offense with a minimum civil penalty of seventy-five dollars ($75.00) for each occurrence.
5.
Enforcement. Violation of this regulation shall be enforced by any law enforcement officer or any park and recreation personnel who are certified to issue parking tickets, or in accordance with the provisions of section 1-8.0 of this Code.
6.
Exemption. The dog fouling provisions of this section of the Code shall not apply to a dog accompanying any visually handicapped or disabled person who, by reason of his/her handicap, is physically unable to comply with the requirements of this subsection or to dogs used by law enforcement officers in the performance of his/her duties.
(d)
The owner or person who has the custody and control of a dog utilizing any park areas shall be responsible for keeping the areas clean of animal feces and litter and for preventing injurious interaction with other dogs and persons.
(8)
Games. No person in a park shall take part in the playing of any games involving thrown or any otherwise propelled objects such as stones, arrows, golf balls, or javelins, except in areas set apart for such forms of recreation. The playing or practicing by organized sponsored athletic teams of such games as football, baseball, and the like, is prohibited except on fields, courts, or areas designated for such use, or as directed by the director or his authorized representative.
(E)
NUISANCES AND BEHAVIOR.
(1)
Alcoholic beverages. No person shall bring into, consume, or sell alcoholic beverages in a park, except:
(a)
Alcoholic beverages may be sold by persons operating under a concession from the city, subject to the regulation and control of the director. Sale of alcoholic beverages shall be by the individual drink only, and drinks shall only be consumed on the premises of the concession. Sale of beer and wine in unopened containers shall not be permitted.
(b)
Alcoholic beverages may be consumed at family or group picnics or functions provided a permit for such consumption is obtained. The director may require that one or more law enforcement officers or park guards be present at such picnics or functions. In such cases, the anticipated expense shall be paid in advance by the group having the picnic or function.
(2)
Drunkenness. No intoxicated person shall enter, be, or remain in any park, and any such person so found in a park shall be removed and referred to the proper authority.
(3)
Production of permits. No person in a park shall refuse or fail to produce and exhibit any permit he claims to have upon the request of any law enforcement officer, park watchman, or other authorized park employee who wishes to inspect the permit for the purpose of determining that the provisions of this subsection have been complied with.
(F)
PERMITS.
(1)
Permits required. In addition to any other provision of this section that requires the obtaining of a permit prior to engaging in a given activity, no person in a park shall conduct, operate, present, manage, or take part in any of the following activities unless a permit is obtained prior to the start of the activity:
(a)
Any picnic, outing, or gathering sponsored by any person or composed of twenty (20) or more persons.
(b)
Any contest, exhibit, dramatic performance, play, motion picture, radio or television broadcast, fair, circus, musical event, or any similar event.
(c)
Any public meeting, assembly, or parade, including, but not limited to, drills, maneuvers, ceremonies, addresses, speeches, sports contests, practices, or political meetings.
(d)
Any use of any park facility by a certain person or group of persons to the exclusion of others.
(e)
The operation of a mobile vending vehicle.
(2)
Application procedure.
(a)
A person seeking the issuance of a permit to carry on an activity in a park shall file an application on the appropriate form supplied by the department with the designated representative of the director and provide such information as shall be required by the director.
(b)
Application shall be filed not less than three (3) days nor more than ninety (90) days before the date of the proposed use or activity.
(3)
Standards for issuance of permit.
(a)
The director shall issue a permit unless he finds.
1.
That the proposed activity or use of the park will unreasonably interfere with or detract from the general public use and enjoyment of the park; or,
2.
That the proposed activity or use of the park will unreasonably interfere with or detract from the public health, safety, or welfare; or,
3.
That the conduct of the proposed activity or use is reasonably likely to result in violence to persons or property resulting in serious harm to the public; or,
4.
That the proposed activity or use will entail an extraordinary expense or operation by the city; or,
5.
That the facilities desired have been reserved for another activity or use at the day and hour requested in the application.
(b)
The director may impose reasonable conditions or restrictions on the granting of a permit, including, but not limited to, any of the following:
1.
Restrictions on fires, fireworks, amplified sound, use of alcoholic beverages, dancing, sports, use of animals, equipment, or vehicles, the number of persons to be present, the location of any bandstand or stage, or any other use which appears likely to create a risk of unreasonable harm to the use and enjoyment of the park by others, or of damage to park property.
2.
A requirement that the applicant post a reasonable deposit of security for the repair of any damage to park property, or the cost of cleanup, or both.
3.
A requirement that the applicant pay in advance a reasonable fee to defray the cost of furnishing adequate security forces by the department at the proposed use or activity.
4.
A requirement that the permittee furnish additional sanitary and refuse facilities that might be reasonably necessary, based on the use or activity for which the permit is being sought.
5.
A requirement that the applicant furnish a certificate of insurance in amounts prescribed to provide adequate coverage for the protection of the city and park property.
(c)
Permits shall not be transferable without the written consent of the director.
(d)
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in his permit.
(e)
The person or persons to whom a permit is issued shall be liable for any loss, damage or injury to any person or property whatever by reason of the negligence of the person or persons to whom such permit was issued.
(f)
The director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon the violation of any condition or restriction under which the permit was issued.
(G)
PARK OPERATING POLICIES.
(1)
Hours. As a general rule, parks shall be open to the public every day of the year between the hours of 8:00 a.m. and 9:00 p.m. However, the director may extend or contract these hours for any park or portion of any park. No person shall enter, be, or remain in any park after park closing hours unless a permit has been obtained.
(2)
Closed areas. Any section or part of any park may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the director shall find reasonably necessary.
(3)
Powers of the director. The director shall have the power to make, from time to time, such reasonable rules and regulations as are necessary to manage, use, preserve, and govern park property and activities.
(4)
Ejection from park. Any person found violating any provision of this section shall either be ejected and/or arrested by a law enforcement officer.
(5)
Reserved.
(H)
SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, 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 section.
(Ord. No. 76-150, §§ 1, 2, 12-21-76; Ord. No. 79-120, § 1, 9-4-79; Ord. No. 84-101, § 1, 3-6-84; Ord. No. 85-115, § 1, 7-16-85; Ord. No. 90-139, § 9, 7-3-90; Ord. No. 93-142, § 1, 10-19-93; Ord. No. 95-004, § 1, 3-29-95; Ord. No. 2000-118, § 2, 9-19-00; Ord. No. 2011-112, § 2, 6-21-11; Ord. No. 2011-126, § 4, 9-20-11)
Editor's note
Prior to amendment by Ord. No. 76-150, § 16-2 pertained to the operation of motor vehicles on parks and playgrounds and was derived from Ord. of May 2, 1972, §§ 1, 2.