§ 10.6-45. Public use.

(a)

Public access to and use of an environmental land are allowed pursuant to this division but may be restricted or prohibited at any or all environmental lands by the county manager, or the county manager's designee, or the director of natural resources upon posting notice.

(b)

Consistent with the environmental sensitivity of environmental lands and the purposes for which such lands were acquired, all environmental lands are open for limited public recreational purposes unless otherwise restricted or prohibited pursuant to this division or the management plan for a specific site. Nothing in this division shall prevent other federal, state, or local agencies, including, but not limited to, those with management contracts with Polk County, from requiring compliance with their own rules, regulations, and laws to the fullest extent of their lawful authority.

(c)

The general public may access environmental lands only at designated entry points. Designated entry points for specific management areas shall be posted. Failure to enter at the designated entry point may be considered trespassing and punished accordingly.

(d)

Management areas or portions of management areas may be closed to public use by the county manager or the county manager's designee when necessary to protect the public's health, safety, and welfare or to protect natural, historic or archaeological resources within the environmental lands.

(e)

Closures of environmental lands or portions thereof shall be posted at authorized points of entry to said areas.

(f)

Unless otherwise established as provided herein, the hours of operation for environmental lands shall be from 6:00 a.m. to 7:30 p.m., unless the director of natural resources has temporarily extended or restricted that time by posting the appropriate notice. Hours of operation shall be posted at the entry points of each area in the system. Entry upon these areas during a posted closure or after posted hours without a valid special use permit shall constitute a prima facie trespass pursuant to Section 810.09, Florida Statutes, and shall constitute probable cause for arrest.

(g)

Guests may use shelters, benches, tables, and buildings for gatherings and events that will not disturb other guests and the natural resources' division may charge user fees as established by resolution of the board of county commissioners.

(h)

Any member of the public who enters upon an environmental land and engages in any activity is required to use reasonable care in engaging in any activity and to take necessary precautions to avoid causing harm to another's person or property regardless of whether a particular activity requires a special use permit. Nothing in this division is intended to relieve persons from a higher standard of care in accordance with Florida law.

(Ord. No. 08-003, § 2.1, 3-19-08)