262804MN_Ch_90_Article_II_from_Sarasota_County,_FL_Code_of_Ordinances.pdf

ARTICLE I. IN GENERAL

Sec. 90-1. [Recreational facilities authorized.]

(a) Board of County Commissioners; acquisi-tion of property and improvements. The Board of County Commissioners of Sarasota County, Florida, is hereby authorized to acquire recreational facilities by gift, purchase at public or private sale, with or without bids, base or eminent domain, and is authorized to own, oper-ate and charge fees for the use of such facilities for the people of Sarasota County, and to acquire lands necessary therefor, by condemnation or otherwise, such recreational facilities to be for public playgrounds, bathing beaches, swimming pools, bathhouses, picnic shelters and such other properties and equipment necessary, incident or useful for such purposes, and to do any dredging, drainage, excavating, filling in or building of jetties or other construction that may be neces-sary for converting lands to the uses provided for in this section.

(b) Board of County Commissioners; powers.

For the purposes of this section, the Board of County Commissioners of Sarasota County is authorized and empowered to accept grants of federal aid and to enter into agreements and contracts necessary to acquire such grants of aid.

(Ord. No. 72-086, §§ 1, 2, 10-12-1972)

Secs. 90-2—90-30. Reserved.

ARTICLE II. USE OF PARKS, BEACHES

AND PUBLIC LAND*

Sec. 90-31. Findings.

(a) The Board of County Commissioners hereby finds and determines with regard to commercial activities in County Parks and Beaches, as defined in Section 90-32(9) that:

(1) Commercial solicitation in County Parks and Beaches located within Sarasota County has become a nuisance unreason-ably interfering with the flow, recreation, use, enjoyment and privacy of citizens and guests of the County and directly and adversely affecting the tourism industry of the County.

(2) County Parks and Beaches have been traditionally used for noncommercial recreational activities and commercial solicitation is inconsistent with the recreational purposes for which such recreational areas are used.

(3) Ample alternatives for the communica-tion of commercial speech, such as Solicit-ing, and the erection of signs to attract customers to purchase goods or services exist at locations other than County Parks and Beaches.

(4) Reasonable restrictions on commercial Solicitation, Canvassing and merchandis-ing of goods and services in County Parks and Beaches will promote the general welfare, tranquility and the intended uses of Public Recreation Areas.

(b) The Board of County Commissioners hereby finds and determines with regard to use restric-tions for County Parks and Beaches that:

(1) Population growth County-wide and accelerated growth in utilization of County

*Editor’s note—Section 1 of Ord. No. 2007-102, adopted Dec. 11, 2007, repealed §§ 90-31—90-35, which derived from Ord. No. 78-035, adopted March 21, 1978, as amended; Ord.

No. 79-075, adopted Sept. 11, 1979, as amended; Ord. No.

84-003, adopted Jan. 10, 1984, as amended; Ord. No. 87-013, adopted Feb. 3, 1987, as amended; and Ord. No. 98-045, adopted May 5, 1998, as amended. Sections 2—10 of Ord. No.

2007-102 enacted similar provisions to read as herein set out.

Cross reference—Watercraft, ch. 130.

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Parks and Beaches has resulted in increased vandalism of public structures and in some instances destruction of or damage to natural environmental aspects of some sites, such as beach dunes or nests and nesting habitat of protected wildlife.

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

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

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

(5) The Board is authorized by F.S. Ch. 125 to establish County Parks and Beaches for the protection and preservation of their natural features or historic significance and for public use and enjoy-ment of the areas and facilities.

(6) The Board finds that, in order to maintain County Parks and Beaches, it is neces-sary that no unauthorized removal or destruction of property be allowed at County Parks and Beaches.

(7) The Board is authorized under F.S.

§ 386.209 to further restrict smoking within the boundaries of any county-owned public beaches and public parks, except that it may not further restrict the smoking of unfiltered cigars.

(8) The litter caused by those who improperly dispose of cigarette butts within public beaches and parks is difficult to remove, can lead to severe burns and/or ingestion hazards to park patrons and wildlife, can significantly detract from a healthy environment, and reduce the enjoyment of the County's beaches and parks for those individuals and families who want to enjoy a healthy environment, free of smoking-related pollution and hazards.

(Ord. No. 2007-102, § 2, 12-11-2007; Ord. No.

2017-037, § 2, 6-6-2017; Ord. No. 2023-021, § 2, 7-11-2023)

Sec. 90-32. Definitions.

For the purpose of this article, the following terms shall have the meaning indicated in this section.

(1) Air Sports means kiteboarding, kitesurf-ing, landboarding, parachuting, parasail-ing, and paragliding.

(2) Beach means any sandy or rocky area located waterward or seaward of the vegetation line or a bluff. Where a functioning shore-parallel seawall or rock revetment exists, the beach shall constitute the sandy or rocky area located seaward or waterward thereof.

(3) Board means the Sarasota Board of County Commissioners.

(4) Citation means the summons issued by a law enforcement officer and shall be in the form prescribed by the County.

(5) Code Administrator means the County Administrator, or designee.

(6) County means Sarasota County, Florida.

(7) County Park means Public Beach Parks, Public Natural Areas, Public Recreation Areas, other County-owned public lands maintained for the protection and preservation of their natural features or historic significance, including the facili-ties and amenities located within. County Park. The term also includes Designated City Parks and School Board Facilities as defined below.

(8) Designated City Park means a City owned park within Sarasota County managed by the County as a result of a formal agreement.

(9) Permit means written authorization issued by the Code Administrator to use a park

§ 90-31 SARASOTA COUNTY CODE

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11511_78362933 facility or participate in a program or event at a County Park or Beach in accordance with County Parks General Facility Use Guidelines available for review at www.scgov.net/parks.

(10) Person means any individual, firm, association, partnership, joint venture, business, trust, syndicate, or corpora-tion.

(11) Public Beach Park means any public parkland owned, leased or operated by the County that is contiguous to a Beach or separated by a roadway from a Beach that is located along the Gulf of Mexico and/or Big Sarasota Pass, any Sarasota bay. Venice Inlet, or a reestablished Midnight Pass, including parking areas associated with the Public Beach Park.

(12) Public Natural Area means any property owned, leased, or operated by the County for public use and preservation of its natural resources.

(13) Public Recreation Area means any property owned, leased, or operated by Sarasota County and used for a public park including, but not limited to, park-ing areas and public accesses associated with the Public Recreation and Public Natural Areas.

(14) School Board Facility means a facility or space owned by the Sarasota County School Board and managed by the County that is used as a Public Recreation Area pursuant to an agreement or permit.

(15) Smoking means inhaling, exhaling, burn-ing, carrying, or possessing any lighted tobacco product, including cigarettes, pipe tobacco, and any other lighted tobacco product, but does not include unfiltered cigars.

(16) Soliciting or Canvassing means any hawk-ing or display of merchandise, services or information, which directs attention to any business, mercantile or commercial activity for the purpose of directly or indirectly promoting or selling com-mercial products or services through giveaways, sales, rentals or any other exchange of value.

(17) Vehicle means any device, in, upon, or by which any person or property may be transported or drawn, including automobiles, trucks, motorcycles, trac-tors, trailers, buses, motor homes or camp-ers, whether motor-drawn or not. This definition shall not include a non-motor-ized bicycle or Air Sports.

(18) Watercraft means any boat, motorboat, sailboat, vessel, houseboat, barge, float-ing structure, floating home or any contriv-ance of any nature whatsoever which is waterborne and is capable of moving under its own mechanical power, by sail or by tow line. The definition of Watercraft shall not include Air Sports, surfboards, and sailboards.

(Ord. No. 2007-102, § 3, 12-11-2007; Ord. No.

2010-042, § 2, 6-23-2010; Ord. No. 2017-037, § 2, 6-6-2017; Ord. No. 2023-021, § 3, 7-11-2023)

Sec. 90-33. Prohibited conditions, activi-ties or uses.

(a) Unless otherwise noted, the following condi-tions, uses, and activities are prohibited on or within County Parks and Beaches or any foreshore area located immediately waterward thereof where waves crest and break, including Beach owned by the South Venice Beach Endowment Trust on property assigned Sarasota County Parcel Identification Number 0457-14-0001 and located south of Caspersen Beach Park and the northernmost Manasota Key residential lot, and Siesta Key Beaches from Palmer Point Park to the municipal limits of the City of Sarasota:

(1) Holding, drinking from, possessing, or disposing of glass containers of any kind.

(2) Dogs, cats, and other pets outside of areas specifically designated for activi-ties 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 violation of this section may be

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11511_79890101 impounded and held in accordance with provisions of the Sarasota County Code of Ordinances.

(3) Abandonment of animal fecal matter.

(4) Fishing activities conducted within swim areas designated by swim buoys.

(5) a. Parking or driving Vehicles or anchoring, docking or mooring Watercraft between the hours of 10:00 p.m. and 6:00 a.m. daily unless authorized by Permit or otherwise posted. This subsection shall not apply to authorized emergency and law enforcement vehicles, authorized contractors, authorized maintenance or repair vehicles, marked vehicles of public safety and public service agencies.

b. Parking or driving Vehicles or anchoring, docking or mooring Watercraft for commercial purposes at any time unless authorized by Permit or otherwise posted.

(6) Unless otherwise permitted, leaving boats, trailers or vehicles unattended for more than 24 hours at a County Park.

(7) Driving or parking a Vehicle or Watercraft except in those areas specifically designed or otherwise designated by signs to be used for such driving or parking; provided, however, that the Code Administrator may, upon application, issue a Permit granting special parking privileges to persons suffering acute physical dis-abilities, which permits shall specifically recite on the face thereof the exact extent of the special privileges and the area or areas involved. Provided further, this subsection shall not apply to authorized emergency and law enforcement vehicles, authorized maintenance or repair vehicles, or marked vehicles of public safety and public service agencies.

(8) Operation of a bicycle within a posted area that excludes such use.

(9) Operation of an automobile, truck, motorcycle, motor scooter, motor bicycle, or other mode of transportation in excess of 15 miles per hour, unless otherwise posted by the County.

(10) Overnight camping of any type except in those areas that are designated for such use or by Permit upon payment of any required reservation fees.

(11) Disposal of any paper, waste, garbage, trash, cigarette butts, debris, or other litter of any kind except in proper receptacles. The use of County receptacles is limited to paper, waste, garbage, trash, debris or other litter that was generated as the result of activities at County Parks and Beaches at which the receptacles are located.

(12) The sale of food or drink of any kind, the sale or rental of kites, athletic equip-ment, sports equipment, or any other items or the provision of services for remuneration. Provided, however, that the County may issue a Permit, or enter into license agreements, leases or other agreements for the sale or rental of any of the above on such terms and condi-tions as the County shall deem proper and in the best interest of the citizens of the County.

(13) The playing of sports and games in which an object is propelled through the air by any means except in those areas specifi-cally designed or otherwise designated for such activities.

(14) Fires, except in propane fueled grills;

County-provided grills, fireplaces, or barbecue pits, or that are associated with County-managed prescribed burns.

(15) Soliciting or canvassing unless authorized by Permit.

(16) Destroying, cutting, carving, mutilating, moving, displacing, breaking off, hunt-ing, injuring, defacing, marring, moving, digging, harmfully disturbing or remov-ing from any area, or the waters thereof, any buildings, structures, facilities, cultural resources, including historic and prehistoric, equipment, park property, § 90-33 SARASOTA COUNTY CODE

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11511_31927694 soil, natural water bottom formation, sand, gravel, rocks, stones, fossils, miner-als, plants (including terrestrial, aquatic, marine, or epiphytic plants) or animals, artifacts, or other materials. Provided, however, this subsection shall not apply to:

a. Legal fishing;

b. Trapping or removal of non-native or nuisance animals by the County or County-authorized party;

c. Legal hunting on County land at specific locations approved by the Board and subject to conditions including, but not limited to, safety and wildlife management plans, mitigation of off-site impacts, and Permits;

d. The sculpting of sand (such as sand castles) on Beaches or within Public Beach Parks, or the collection of shells, sharks' teeth, and other natural materials that wash up on Beaches or within Public Beach Parks, except as otherwise prohibited by federal, State, or local laws;

e. The collection of natural objects, including plant and animal life and minerals, for scientific and educational purposes so long as such collection is conducted in compli-ance with all federal, state or local laws and authorized by a Permit from the Code Administrator. A Permit may be applied for by submit-ting a written request at least ten business days prior to collection; or

f. The management of the land and risk abatement by the County.

(17) Introduction of any plant or animal spe-cies to the environment by willful abandonment, negligence, or for any other reason without permission from the County.

(18) Parachuting, paragliding, and landboard-ing Air Sports. Exceptions shall be by County Permit.

(19) Air Sports, Watercraft, surfing, and sail-boarding operated within a swim area designated by a buoy. Exceptions shall be made for the use of surfboards by lifeguards for water rescues. In addition, the following Air Sports shall be subject to the following requirements:

a. Persons engaging in kiteboarding shall launch and land the associ-ated kites no closer than 200 feet from a swim area designated by buoys. Pedestrians and swimmers shall have the right-of-way.

b. Persons engaging in parasailing shall be no closer than 500 feet from the water's edge of a Beach located waterward of a Public Beach Park.

(20) The blocking of or obstructing access to or from vacant designated parking spots except when moving a motor vehicle into and out of such designated parking space or when conducted by or with the permis-sion of County officials.

(21) Smoking within all County Parks. Where a municipality has their own ordinance governing smoking in their parks, this prohibition shall not include: (1) any Designated City Park within a municipal-ity; or (2) School Board Facility within a municipality.

(b) The following conditions, uses, and activi-ties are prohibited on all Manasota and Casey Key Beaches located south of Palmer Point Park, or in any foreshore area immediately waterward thereof where waves crest and break, excluding Beach owned by the South Venice Beach Endow-ment Trust on property assigned Sarasota County Parcel Identification Number 0457-14-0001 and located south of Caspersen Beach Park and the northernmost Manasota Key residential lot:

(1) Abandonment of animal fecal matter.

(2) Parking or driving motorized vehicles.

(3) Disposal of any paper, waste, garbage, trash, cigarette butts, debris, or other litter of any kind except in proper receptacles.

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(4) The sale of food or drink of any kind, or the sale or rental of athletic equipment, sports equipment, jet skis and other Watercraft, or any other items, except by County permit.

(5) Fires, except in grills, fireplaces, or barbecue pits designed for such fires.

(6) Introduction of any plant or animal spe-cies to the environment by willful abandonment, negligence, or for any other reason without permission from the County department or division charged with enforcement of this provision.

(c) When deciding whether to issue a County permit for those activities ordinarily prohibited under subsections 90-33(a) and (b), but subject to approval through such a permit, the County shall consider the following criteria:

(1) The location of the proposed activities;

(2) Potential for adverse effects on the welfare of the public, including, but not limited to, safety, property, noise and light levels, risk, and natural, historical, or cultural resources;

(3) The time of the proposed activities and its effect on other scheduled events and neighboring properties;

(4) The risk of a taking of any species protected pursuant to federal and/or state laws, or any other Articles of the Sara-sota County Code of Ordinances, unless authorized pursuant to the applicable federal and/or state laws. Taking shall be defined as per the United States Endangered Species Act.

(c) The denial of any permit may be appealed to the Board of County Commissioners.

(Ord. No. 2007-102, § 4, 12-11-2007; Ord. No.

2010-042, § 3, 6-23-2010; Ord. No. 2013-011, § 2, 4-24-2013; Ord. No. 2015-060, § 2, 8-24-2015;

2017-037, § 4, 6-6-2017; Ord. No. 2023-021, § 4, 7-11-2023; Ord. No. 2024-065, § 2, 10-22-2024)

Sec. 90-34. Hours of use.

Except for permitted uses, County Parks shall be open to the public only during posted hours.

Hours of operation shall be determined by the Code Administrator. This provision shall not apply to Designated City Parks or School Board Facilities who shall designate their own hours.

Any person who violates 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.

(Ord. No. 2017-037, § 5, 6-6-2017)

Sec. 90-35. Fees for use of County Parks and Beaches.

(a) The County is hereby authorized to charge the following types of fees in accordance with the standards of this section:

(1) Entrance fees to County Parks and

Beaches. The areas are usually well defined but are not necessarily enclosed.

The entrance is the patron's first contact with the County Park; however, County Parks and Beaches may contain additional facilities or activities for which fees are charged.

(2) Admission fees to enter a building, structure, or natural chamber. These facili-ties usually offer an exhibit, show, ceremony, performance, demonstration, or special equipment. Entry and exit are normally controlled and attendance is regulated.

(3) Rental fees 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.

(4) User fees for the use of a facility, participa-tion in an activity, or fares for a controlled ride. The patron usually enjoys the privilege of use simultaneously with others.

(5) Permit fees to use a facility, or perform an action at a County Park.

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(6) Special service fees for supplying extraordinary articles, commodities, activi-ties, or services as an accommodation to the public. These accommodations must be unusual in character and not normally considered a required governmental service.

(b) All fees shall, to the extent practicable, be equal to the average actual cost, including overhead, incurred by the County in program-ming and maintenance for the County Park and incidental facilities under its control.

(c) The County Administrator or designee shall have the authority to approve a general fee schedule, based upon competent substantial data developed by the County and meeting the standards of subsection (a) of this section, and to amend such schedule from time to time in accordance with the standards of this section.

(Ord. No. 2007-102, § 5, 12-11-2007; Ord. No.

2008-124, § 2, 11-12-2008; Ord. No. 2017-037, § 6, 6-6-2017; Ord. No. 2024-065, § 3, 10-22- 2024)

Note—Formerly numbered as § 90-34.

Sec. 90-36. Posting of signs.

The Code Administrator is hereby authorized to post appropriate signs on public property at Public Recreation Areas, Beaches, Public Beach Parks or Public Natural Areas, giving notice of the regulations set forth in this article.

(Ord. No. 2007-102, § 6, 12-11-2007; Ord. No.

2017-037, § 7, 6-6-2017)

Note—Formerly numbered as § 90-35.

Sec. 90-37. Enforcement and remedies.

(1) The Sarasota County Sheriff, his deputies, any municipal police officer and any other law enforcement or code enforcement officer authorized to enforce County ordinances shall have the duty and authority to enforce the provisions of this article by the issuance of a Citation to the alleged violator. A Citation shall contain the following:

(a) The date and time of issuance;

(b) The name, if available, and address of the Person to whom the Citation is issued;

(c) The date the infraction was committed;

(d) The facts of the infraction;

(e) The number or section of the Code violated;

(f) The name and title of the law enforce-ment officer or code enforcement officer;

(g) The procedure for the Person to follow in order to pay the penalty or to contest the Citation;

(h) The applicable penalty if the Person elects to contest the Citation;

(i) A conspicuous statement that if the Person fails to pay the penalty within 30 days or fails to appear in court to contest the Citation, the Person shall be deemed to have waived their right to contest the Citation and that, in such case, judgment shall be entered against the Person for the amount of the Citation, plus court cost, recording fees, and any other charges required by this article.

(2) Notwithstanding any other provisions of this article for enforcement or penalties, the Board may also enforce this article by actions at law or in equity for damages and injunctive relief, and, in the event the Board prevails in any such action, the Board shall be entitled to an award of its costs and reasonable attorneys' fees.

(Ord. No. 2007-102, § 7, 12-11-2007; Ord. No.

2010-042, § 4, 6-23-2010; Ord. No. 2017-037, § 7, 6-6-2017)

Note—Formerly numbered as § 90-36.

Sec. 90-38. Penalties.

(1) Any person who violates Section 90-33(a)(1), (2), (3), (4), (5a), (8), (19) or (20) is subject to a civil fine in the amount of $97.00 plus any additional costs imposed by State or local law.

This shall also apply to any person who violates Section 90-33(b)(1).

(2) Any person who violates Section 90-33(a)(6),

(7) or (21) is subject to a civil fine in the amount of $74.50 plus any additional costs imposed by State or local law. This shall also apply to any person who violates Section 90-33(b)(2).

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(3) Any person who violates Section 90-33(a) (5b), (9), (10), (11), (12), (13), (14), (15), (16), (17), or (18) 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. This shall also apply to any person who violates Section 90-33(b)(3), (4), (5), or (6).

(4) Court costs may be imposed as provided by law.

(5) The County may seek to impose a lien on property owned by the Person cited for a viola-tion of the Code if that Person fails to pay any amount entered as a judgment.

(Ord. No. 2007-102, § 8, 12-11-2007; Ord. No.

2009-009, § 2, 1-14-2009; Ord. No. 2010-042, § 5, 6-23-2010; Ord. No. 2013-011, § 3, 4-24-2013;

Ord. No. 2017-037, § 7, 6-6-2017; Ord. No.

2023-021, § 5, 7-11-2023, eff. 10-1-2023; Ord. No.

2024-065, § 4, 10-22-2024)

Note—Formerly numbered as § 90-37.

Sec. 90-39. Applicability.

This article shall be applicable in both the unincorporated and incorporated areas of the County to the extent that such municipality has not enacted an ordinance which conflicts with any provisions of this article. Should any section of this article conflict with any municipal ordinance on the same subject, the municipal ordinance shall control provided that the remain-ing sections of this article shall remain in full force and effect in the municipality.

(Ord. No. 2007-102, § 9, 12-11-2007; Ord. No.

2010-042, § 6, 6-23-2010; Ord. No. 2017-037, § 7, 6-6-2017)

Note—Formerly numbered as § 90-38.

Sec. 90-40. Repeal.

Sarasota County Ordinance Nos. 78-035, as amended, 79-075, 84-003, as amended, 87-013, and 98-045, as amended, are hereby repealed.

(Ord. No. 2007-102, § 10, 12-11-2007; Ord. No.

2017-037, § 7, 6-6-2017)

Note—Formerly numbered as § 90-39.

Secs. 90-41—90-59. Reserved.

ARTICLE III. NEIGHBORHOOD

PARKLANDS

Sec. 90-60. Findings of fact.

(a) The history of Sarasota County is marked by efforts to preserve the County's important natural and cultural places, and to provide park-lands and recreational opportunities.

(b) It will remain the goal of Sarasota County to conserve, maintain, and where necessary, restore the natural and cultural environment of Sarasota County.

(c) Sarasota County seeks to optimize the opportunities to more efficiently acquire park-lands and other open space for an increasing population.

(d) During the Comprehensive Plan evalua-tion and appraisal process various members of the community came forward to seek protection of quality open space within urbanized areas.

The Board of County Commissioners directed staff to pursue opportunities for an urban green space initiative.

(e) A stated goal in Apoxsee: The Revised and Updated Comprehensive Plan, includes provid-ing and protecting a high-quality, environmentally sensitive, accessible, economically efficient system of parks and open space that serves all Sarasota County residents and visitors.

(f) Objective 1.1 of the Recreation and Open Space chapter is to acquire, develop, maintain, and protect parks and recreation facilities consistent with the needs of Sarasota County's population and Objective 1.3 seeks to improve public access to those sites. Further, Policy 1.1.6 states that the County shall continue to expand beach and waterfront acquisition efforts.

(g) Sarasota County has recognized that park-lands and recreational opportunities are an integral part of promoting a high quality of life, and has developed a Parks and Recreation Master Plan with the stated mission of planning and funding exceptional parks, which showcase Sara-sota County's natural environment and cultural heritage with world class facilities, diverse programs, and accessibility for all, in order to

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