§ 10.6-16. Rules and regulations.
Division - refers to the Parks and Natural Resources Division director or his/her designee.
Parks and recreational facilities - refers to any county owned or leased property managed by the Parks and Natural Resources Division for the purpose of recreation by the public.
Parks and Natural Resources Division - refers to a branch of the Polk County board of county commissioners responsible for the operation, management, and care of parks and recreational facilities. The term shall include any division or agency which succeeds the Parks and Natural Resources Division in the performance of this function.
Any person who, after oral notice from a division employee or law enforcement officer refuses to comply with any rules or regulations approved by the board of county commissioners for the operation and regulation of conduct in a county park, boat ramp, or recreation area including structures, parking areas or other acreage provided in connection therewith which are owned or leased and maintained by the county, for the end purpose that the public may obtain the maximum enjoyment and utilization in a safe manner, may be ejected therefrom and subject to violation citation as provided for in section 10.6-17.
(1)
Alcoholic beverages prohibited; waiver.
a.
Alcoholic Beverages Prohibited. It shall be unlawful for any person to consume any beer, wine, or liquor, as defined in the beverage law of the State of Florida, in any park, boat ramp, or recreation area owned or maintained by Polk County.
b.
Waiver. Any person, group, or organization desiring to serve beer, wine, or liquor at a county-owned park, boat ramp, or recreation area, may submit an application for a waiver of this Ordinance through the division for approval. Approval shall be contingent upon the applicant's compliance with the county's policy and procedures, which were established and adopted by resolution and may be revised from time to time. Such policy and procedures may include, but not be limited to, insurance requirements, fee schedules, and indemnified Upon approval of the applications, the individual, group, or organization shall receive a one-time only use permit. Applicants must agree to abide by all applicable rules, regulations, laws, and ordinances of state, federal, and local governments and their respective agencies.
(2)
Traffic ordinances and state vehicle laws. The traffic ordinances of Polk County and applicable state vehicle laws shall apply in and about all park property and in addition thereto the traffic regulations contained in this Ordinance shall be applicable.
(3)
Roads and driveways within parks.
a.
No person driving, operating, controlling or propelling any vehicle, motorized, horse drawn or self-propelled, shall use an other than the regularly designated paved or improved roads or driveways, except when directed to do so by a law enforcement officer or Division employee. The provisions of this subsection shall not apply to the use of any self- propelled wheelchair, power wheelchair, electric scooter or other mobility device by an individual with mobility impairment.
b.
No driver of any vehicle shall obstruct traffic or park or stop on any road or driveway except at a place so designated or in case of emergency beyond his control. If so caused to stop or park for more than 15 minutes, the driver shall report such fact to an officer or division employee.
(4)
Trucks, buses, other heavy vehicles. No truck, commercial vehicle or bus of any type will be driven on any restricted park road, or property without authorization from the Parks and Natural Resources Division for the purpose of park work, service or activities except that trucks and buses used for transporting persons to a park for recreational purposes will be afforded use of ingress and egress park roads and parking facilities as provided for conventional passenger vehicles.
(5)
Bicycles, tricycles, motorcycles, scooters (gas or electric), dirt bikes, go carts, all terrain vehicles (atv), skateboards, roller skates, roller blades or similar vehicle.
a.
Any unlicensed motorized vehicles are prohibited, unless otherwise authorized by the Division. All licensed motorized vehicles are restricted to roads and authorized parking or riding areas. The provisions of this subsection shall not apply to the use of any self-propelled wheelchair, power wheelchair, electric scooter or other mobility device by an individual with mobility impairment.
b.
Non-motorized vehicles, bicycles, skateboards, rollerblades are permitted except in or around structures, spectator areas or where use of such vehicles creates a safe hazard, unless otherwise authorized by the Division.
(6)
Parking.
a.
Except for county vehicles or those on official county business, no operator of any vehicle shall park or permit to remain parked any vehicle on any driveway, parkway, parking area or other park property except as designated or otherwise posted.
b.
No one shall accept any fee or gratuity for any service concerning the parking of a vehicle except where a stated fee is charged by the Division and collected by an assigned employee on behalf of the Division or when previously approved in writing by the Division.
c.
If any vehicle (the "offending vehicle") is illegally or improperly parked in any area the county has designated as a "No Parking" area or has designated for use by (i) emergency vehicles, (ii) pedestrians; (iii) vehicles transporting persons with disabilities, or (iv) vehicle loading or unloading, then the county may either a. require the operator or other person in charge of the offending vehicle to immediately remove the offending vehicle from that area, or b. remove the offending vehicle to any lawful parking area or storage facility. Additionally, if any vehicle (an "abandoned vehicle") is left unoccupied on any park property or recreational area for 48 hours or more, then the county may remove the abandoned vehicle to a parking storage facility. If the county removes an offending vehicle or an abandoned vehicle (either, a "removed vehicle"), then the county shall provide the removed vehicle owner reasonable notice as to the storage location where the Removed Vehicle may be recovered. The removed vehicle owner must pay all costs of removal, transportation, and storage of the removed vehicle before recovering possession of the removed vehicle from the vehicle storage facility operator.
(7)
Use of vehicles. No person shall change any parts, repair, wash, grease or clean a vehicle on any park roadway, parkway, driveway, parking lot or other park property, unless a public areas is specifically designated by the Division for the activity.
(8)
Preservation of property.
a.
No person shall vandalize, deface or destroy any park property or equipment within a park site.
b.
No person shall damage or remove plants or plant materials, trees or parts thereof or any flowers, nuts, seeds or fruits whatsoever, except when authorized by the Division.
c.
No person shall excavate or remove any artifact from any archaeologically sensitive areas or park property.
d.
No person shall make any excavation by tool, equipment, blasting or other means or utilize metal detectors or shall construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public utility into, upon, across or over any park lands unless authorized by permit or written easement.
e.
No fires shall be built by any person against or adjacent to any building, structure, tree, plant or near the property of others or in any area except in such areas as are specifically designated for fire building; nor shall any person drop, throw or permit to be scattered by any means, hot coals, lighted matches, burning tobacco products or any other flammable material within any park area or any highway, road or street abutting or contiguous thereto. No person starting a fire shall leave the area without extinguishing the fire.
f.
No person shall stand or sit on any fence rail or on any picnic table top or any other structure not intended for such use. Laying prone or sleeping on any park bench or table is prohibited.
(9)
Protection and preservation of wildlife.
a.
No person shall feed, molest, harm, frighten, kill, net, trap, snare, hunt, chase, shoot or throw or propel by any means missiles at any wildlife roaming free about a park or in captivity in a cage, nor shall any person remove or possess the young of any wild animal or the nest or eggs of any reptile or bird or to collect, remove, possess, give away, sell or offer to sell, buy, or accept as a gift any specimen dead or alive of any animal within a park, unless specifically authorized by the Division. This provision is not intended to limit any program for the purpose of control of nuisance wildlife as set forth in Section 10.6-16(9)c. below, or the need to relocate specific species as approved by the Fish and Wildlife Conservation Commission.
b.
No person shall place, dump, abandon, feed or leave any animal, reptile or bird, either wild, feral or domestic including but not limited to cats, dogs, swine, snakes, rabbits, lizards, ducks, chickens, and roosters, within any county park.
c.
The Division is hereby authorized, in consultation with the Florida Fish and Wildlife Conservation Commission, to declare certain species located in identified parks to constitute a nuisance. Species shall be determined to be a nuisance when, in the discretion of the Division, in consultation with staff of the Florida Fish and Wildlife Conservation Commission, the number, location, behavior or other characteristics of native species or the remains of deceased animals constitute a hazard to human health and/or safety or to the resources of the particular park.
(10)
Domestic animals.
a.
Any pets brought into or kept in a park area shall be on a leash not more than six feet in length and in complete control of the owner, unable to jump on, reach or touch another person. Pets may be off-leash only in those areas specifically designated for dogs or other domesticated animals.
b.
Provisions of the applicable Polk County animal control ordinances shall apply to any and all park property, except for those areas specifically designated for dogs or other domesticated animals. The provisions of this subsection shall not apply to the use of a service animal, which means any service dog or other certified service animal individually trained to work or perform tasks for an individual with a disability.
c.
Cattle, horses, mules, swine, sheep, goats, or fowl shall not be allowed, except in such prescribed areas as arenas, agricultural center or horse trails, and all owners or attendants of such animals are charged with the duty of preventing such occurrences. This prohibition does not apply to animals and fowl kept by the Division or under its direction.
d.
Dangerous dogs, as defined in Chapter 767, Florida Statutes, are prohibited from park property.
e.
Any person with a pet in their possession shall be responsible for both the conduct of the animal and for removal of fe deposited by such animal. The person with the pet must have in their possession the container/equipment required for feces removal.
e.
Pets are prohibited on athletic fields except with the permission of the Division.
(11)
Aircraft.
a.
No person operating, directing or responsible for any airplane, helicopter, glider, balloon, dirigible, parachute or other aerial apparatus (excluding kites) will take off from or land in or on any park land or waterway, except when human life is endangered or when written permission has been obtained from the Division.
b.
No person operating any aircraft shall do any stunt flying over or fly lower than 1,000 feet above the highest obstruction located in any park or recreation areas that are considered to be populated areas requiring compliance with Federal Aviation Administration (FAA) regulations regarding same. Exception being mosquito spraying and or other Division approved activities.
(12)
Park hours and closing of parks.
a.
Parks shall be open to the public 365 days of the year during designated hours. The opening and closing hours for each individual park shall be posted at the park entrance and no person shall be in or remain aft closing unless authorized by the Division.
b.
No person shall enter upon any part of any park, which is in an unfinished state, under construction or withheld from general public usage in the interest of public safe health and/or welfare unless specifically permitted by the Division.
(13)
Regulated park activities. Any activity deemed inappropriate for a facility by the Division may be restricted from the facility, such as: golfing on athletic fields, swimming, paintball and radio controlled vehicles unless designated or authorized by the Division.
a.
Games, etc. No person or persons shall engage in rough or potentially dangerous games or practice for same, including, but not limited to: football, softball, skateboarding, horseshoes, golf, lacrosse, soccer, cricket, rugby, tennis, volleyball, badminton or any other games, practice or exercise involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, shuttlecocks, radio controlled or model aircraft boats, cars or similar devices, or engage in recreational activities except in areas specifically designated and set aside for such recreation usages.
b.
Fishing. Only fishing by use of hook-and-line is permitted unless otherwise posted. Cast netting is prohibited within the park or recreational areas, unless otherwise permitted by the Division. Proper licensing as required by the state is required. Bow fishing is prohibited.
c.
Hunting. Prohibited Devices. Hunting is prohibited on or within any park property or recreational area. Unless the Division has otherwise specifically authorized its use within any park property or recreational area, the use or possession of any device capable of mechanically, rather than explosively, propelling or expelling a projectile is prohibited. The devices prohibited include, but are not limited, to air rifles, air pistols, spring guns, gas guns, blow guns, paint guns, spear guns, bows, and crossbows.
d.
Fireworks. No person may bring into, or have in their possession, or set off or otherwise cause to explode, discharge or burn in any park area or on any public lands or highways adjacent thereto, any firecrackers, torpedoes, rockets, toy firearms or cannon, sparklers or other fireworks or explosives of inflammable materials or any substance or compound that may explode, discharge or burn, unless by written permit from the Division and the fire marshal.
e.
Picnic facilities. Picnic facilities are available on a first come, first served basis unless otherwise posted.
d.
Horseback Riding. Horseback riding shall take place only in designated areas and may require a permit from the Division. Any person riding a horse in designated areas shall have in their possession proof of current negative Coggins test results for all horses present.
g.
Camping. Camping is permitted in designated areas and only by permit.
h.
Structures. Installing, constructing, erecting, or maintaining a camp, building, structure, or sign is prohibited, unless authorized and permitted by the Division.
(14)
Prohibited activities.
a.
Pollution of waters. Use or disposal of any substance which may pollute any water body, storm drain, sewer or drain is prohibited.
b.
Withdrawal of water. Bulk withdrawal of water from any water source is prohibited unless otherwise approved by the Division.
c.
Littering. No person shall deposit, drop or place any refuse including bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, food, tobacco products or containers of foil upon the ground except in receptacles provided for trash disposal.
1.
At no time shall any petroleum products be disposed of except by county staff in conjunction with park maintenance activities.
2.
At no time shall receptacles be used for disposal of bio-medical waste or other hazardous or toxic waste.
3.
No person shall deposit into any recycle bin or container any material other than that for which it is intended.
4.
No person, other than park employees, work scheduled volunteers and league members, shall deposit any material in park trash/debris dumpsters.
d.
Noise. No person shall make excessive unnecessary noise and all provisions of applicable county ordinances, rules and laws shall apply to and be enforced in all park areas.
e.
Behavior. While on or within any park property or recreational area, no person shall intentionally harm or threaten to harm any person or any wildlife. Use of abusive language or conduct in a manner that interferes with the general public's reasonable use of a park or recreational area is prohibited.
f.
Gambling. No person or organization shall conduct raffles, bingo games, or card games for money or drawings for prizes or participate in any other forms of gambling without written authorization of the Division with concurrent approval of the county's legal department.
g.
Smoking. There shall be no smoking in areas where the activity is prohibited by the Florida Clean Indoor Air Act or by any other law of the State of Florida.
(15)
Merchandising, vending, peddling, etc.
a.
No person, organization or firm other than licensed concessionaires permitted by and acting under the authority of the Division will expose or off for sale, rent or trade, any article, thing or service, or station or place any stand, cart or vehicle for the transportation, sale or display of any article, service or merchandise within the limits of any park or recreation area.
b.
No person, organization or firm shall charge an entrance fee unless otherwise approved by the Division. Donations may be requested at activities if approved by the Division and properly signed. Those unable or unwilling to make a donation may not be denied entrance into the park.
(16)
Advertising, publicity and signs. No person shall advertise or obtain publicity through any means whatsoever within or upon any park property without written permission from the Division.
(17)
Public demonstrations, gatherings, performances, speeches.
a.
The County Manager, in conjunction with the Division, has the responsibility and authority to establish guidelines for permitting of demonstrations, gatherings, performances, or other mass assemblages in parks as specified in section 10.6-16(21).
b.
A permit is required for any sporting event, competition, gathering, barbeque, picnic, or event where 20 or more people are invited to attend or where the event is advertised to the general public. This includes events held by high schools, colleges, universities, and professional organizations. The applicant may be responsible for the cost of security, cleaning, and any other cost associated with the event.
(18)
Proper use of facilities.
a.
No person over the age of ten shall occupy such seats or benches or enter into such pavilions or other park structures or sections thereof that are reserved or designed by the Division for the exclusive use of the opposite sex unless providing personal assistance to a person with a disability, when no unisex fa exists. Children, ten years of age and under, entering such opposite sex facilities must be accompanied by a parent or guardian.
b.
No person will loiter in or around any restroom, dressing room or bathhouse, picnic shelter, wooded or natural area, nor shall any person engage in any lewd and lascivious behavior as defined in Chapters 798 and 800, Florida Statutes (2014) or any amended or successor Statute.
(19)
Athletic activities. Athletic venues are provided for recreational and competitive uses. Recreational usage is given scheduling and concession priorities over competitive usage.
a.
Recreational leagues are provided use and bound to the terms set through the youth or adult facility usage agreement. The Division has the right to amend or terminate the agreement at any time to protect property and better serve the interest of participants.
b.
Competitive leagues are provided use and bound to the terms set through the parks facility rental policy. The Division has the right to amend or terminate agreements at any time to protect property and better serve the interest of participants.
(20)
Historical museum.
a.
Access to the collections of the Polk County historical museum shall be provided to the public in such a manner as to produce secure utilization, in accordance with the purposes intended, such that the materials may be conserved, preserved and protected for the public good.
b.
All persons entering the Polk County historical museum shall be required to adhere to such rules and regulation as shall be determined by the Division to be necessary for the preservation and protection of the collection. Non-compliance with the rules and regulations may result in denial of access to the collection, and may be subject to citation as provided in Section 10.6-17.
c.
All rentals within the Polk County historical museum are provided use and bound to the terms set through the facility usage policy and agreement. The Division has the right to amend or terminate any agreement at any time to protect property and better serve the interest of the public.
(21)
Permitted use of facilities and user fees. Any person, group or organization desiring the temporary exclusive use of facilities may submit an application to the Division for approval. The Division will approve or disapprove an application in accordance with the facility rental policy that is in effect as of the date the application is submitted for the facility. If approved, all applicants must comply with the applicable facility rules and regulations, applicable provisions of the facility rental policy, and pay all fees associated with the exclusive use of the facilities as provided for in Section 10.6-18 herein.
(22)
Supplemental rules and regulations. In addition to the provisions of this Ordinance, the county manager is hereby authorized to establish further rules, procedures, and regulations for county park and recreational area use which give full effect to the purpose and mandate of this Ordinance.
(Ord. No. 14-065, § 2, 11-4-14)