§ 101.36. ADDITIONAL RULES APPLYING TO PARKS, RECREATIONAL FACILITIES AND THE MUNICIPAL BEACH.

(A)

Purpose. Citizens should be afforded a safe, clean environment in which recreational opportunities can be maximized. Due to the wide variety of patron needs and use of City property, it is necessary to establish the following rules and regulations. These rules are in addition to rules that are contained in other sections of the Code of Ordinances or otherwise posted in particular parks, recreational facilities or municipal beaches.

(B)

Hours of Operation.

1.

Parks and recreational facilities will be open as posted on buildings or entrance areas.

2.

No person shall remain in any park or facility after the park or facility is closed, except in an area specifically designated by the City as an area where persons may remain after the park or facility is closed to the public. All persons shall comply with City Code of Ordinances Section 101.23 prohibiting criminal trespass.

3.

Any section or part of any park or facility may be declared closed to the public at any time or limited to certain users or times as public interest demands or safety and security indicates. In addition, all or part of park and recreational facilities may be closed to the general public during the use of the park and recreational facilities for after-school programs, day camps, early release days, summer camps and the like, when the closure and the parameters and time of closure is posted at the park or recreational facility.

(C)

Park Property.

1.

Buildings and Other Property. All park property, facilities and equipment shall be used for the purpose for which it was designed. No person shall deface or disturb any building or disturb any landscaping in violation of Section 101.16 of the Code of Ordinances.

2.

Social Services. Parks shall be used for recreation and relaxation, light and air for the general public. Parks shall not be used for business or social service purposes unless authorized pursuant to a written agreement with City. As used herein, social services shall include, but not be limited to, the provision of food, clothing, shelter or medical care to persons in order to meet their physical needs; except when provided by employees of the City pursuant to authorization by the City.

3.

No commercial enterprises, sale or rentals of goods or services shall be permitted in violation of Section 101.25 of the Code of Ordinances.

(D)

Safety Hazards.

1.

Permit Required. Use of any equipment which does or may pose a safety hazard must receive a permit from the Parks and Recreation Department prior to such use. This permit must be displayed upon request by City personnel. This would include, but not be limited to, items such as radio controlled airplanes, boats, model rockets, carnival equipment, bounce houses and rock walls.

2.

Fireworks, Firearms, Weapons, Fires. No person shall discharge any fireworks in any City Park unless done as part of a special event authorized by the City. Fireworks shall mean any combustible or explosive composition or substance or combination of substance or any article prepared for the purpose of producing a visible or audible effect by combustion, exposition, deflagration or detonation, including sparklers. No person shall start a fire in violation of Section 101.19 of the Code of Ordinances. No person shall violate Section 101.20 of the Code of Ordinances governing firearms, weapons and fireworks.

(E)

Nuisances at Parks, Recreational Facilities and Municipal Beach Sites.

1.

Pets. No person shall bring into, permit, have, or keep in any park, recreational facility, municipal beach east of the dune line or City facility any dog, cat, pet of any kind or other animal unless the park is specifically dedicated for that purpose by the City except that Guide Dogs used by people with seeing, hearing or other physical disabilities shall be permitted. No person shall hunt or molest wildlife in violation of Section 101.18 of the Code of Ordinances. No person shall violate Section 101.27 of the Code of Ordinances pertaining to animal regulations.

2.

Trash Disposal. Park patrons are responsible at all times for proper disposal of their trash. Any trash generated outside park and recreation facilities may not be disposed of inside the park, park facility or municipal beaches. No person shall deposit any litter, trash, waste or any other matter prohibited by Section 101.17 or Section 101.31 of the Code of Ordinances.

3.

Soliciting and Vending. No person shall expose or offer for sale any article or thing nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or merchandise within the limits or adjacent roadways of any park. Exception is made to regularly licensed concessionaires acting by and under the authority of the City of Delray Beach. Any publicity, posted signs or announcement placed in or on park property must have the prior approval of the Parks and Recreation Department. No person shall conduct commercial enterprises or sell or rent goods or devices in violation of Section 101.25 of the Code of Ordinances.

4.

Interference with Authorized Activities. No person or group shall interfere with any recreational activities or event authorized by the City's Parks and Recreation Department.

5.

Sound Equipment. A permit is required to bring into any park, beach, or recreational facility any public address system or amplified music system, except for small devices for personal use such as radios, I-pods, or the like. No person or group shall play or operate any sound amplification device including radios, television sets, phonographs, tape decks, public address systems, amplified musical instruments or any other loud noise generating device which annoys or disturbs other persons in any park or recreation facility or which violates Section 101.22(E) or Chapter 99 of the Code of Ordinances.

6.

Sleeping. Sleeping in a horizontal position is specifically prohibited in the following: building, pavilion, rest room, trash receptacle, bench, picnic table, as well as recreational activity areas (such as athletic courts and fields, and playgrounds), pedestrian or vehicular traffic ways (such as roads, sidewalks, bike paths, and jogging paths), and landscaped areas (such as flower gardens, hedges, and planters). No person shall camp in a manner in violation of Section 101.21 of the Code of Ordinances.

7.

Intoxicants. Consumption, possession or sale of alcoholic beverages is prohibited within City parks, Recreational Facilities or Municipal Beach except during and within the specified area of a Special Event authorized by the City or premises licensed for sale and consumption of alcoholic beverages.

8.

Disorderly Intoxication. No person shall be intoxicated in a City park, recreational facility or upon a City beach and endanger the safety of another person or property, and no person shall be intoxicated or drink any alcoholic beverage in a City park, recreational facility or municipal beach.

9.

Personal Property. Personal property shall not be stored in any park or recreational facility except in a facility or area specifically designated by the City for such storage. No person shall violate Section 101.33 of the Code of Ordinances pertaining to bringing onto the beach gym equipment or playing ball in unauthorized areas.

10.

Disorderly Conduct. No person shall violate the provisions of sections 132.01, 132.02, or 101.22 of the Code of Ordinances which prohibits various types of disorderly conduct.

(F)

Vehicles and Traffic.

1.

Existing Laws. All state vehicle and traffic control laws and regulations shall be complied with in City parks and recreation facilities. In addition no person shall violate Section 101.24 setting forth specific traffic regulations regulating various forms of transportation.

2.

Parking. All motor vehicles shall be parked only in established and indicated parking areas or in such other areas and at such times as the Parks and Recreation Department officials may designate. Parking on the roadways and driveways, unless it is a designated parking space, is prohibited. No person shall park or station any vehicle in any zone designated and marked "No Parking" or otherwise marked for restricted use except briefly for emergency purposes.

3.

Directions of Traffic. No person shall fail to comply with any order, signal or direction given or posed by any police officer or park ranger for the direction of traffic.

4.

Bicycles. All bicyclists shall comply with state and municipal laws and regulations pertaining to bicycles.

5.

Unauthorized Vehicles. Mini bikes, go-carts and other nonlicensed motorized or electric vehicles are prohibited in parks, recreational facilities and the municipal beach. No person shall violate Section 101.24 which prohibits various types of vehicles including, but not limited to, certain water craft as well as certain craft that is airborne or Section 101.34 which sets forth certain prohibition on parasailing, kite boarding/kite surfing, scuba diving and the use of jet skis.

6.

Vehicle Maintenance. Motor vehicle maintenance is prohibited in parks, recreational facilities and public beach, except repairs or maintenance of an emergency nature.

(G)

Picnicking.

1.

Picnic Tables. Use of picnic tables for other than picnic purposes is prohibited. Proper use of tables for picnicking is on a first-come, first-served basis. Holding tables for patrons who have not arrived is prohibited, unless there is provision for certain tables to be reserved in advance by the Parks and Recreation Department.

2.

Pavilions. Pavilions are available for exclusive use by permit only. Individuals and groups using pavilions shall comply with written pavilion regulations.

3.

Fires.

(1)

Ground Fires— Ground fires are prohibited in all park areas.

(2)

Personal Grills— The use of personal grills in park areas is subject to prior approval of park officials.

(3)

Safety— Visitors are responsible for insuring that their fire is properly monitored and extinguished at the end of their outing.

(4)

Property [Proper] Use of City Grills— Grills provided by the Parks and Recreation Department are designed for use with charcoal only. The use of wood or other flammable materials in grills is prohibited.

(5)

[Additional Prohibitions on Fires]— No person shall violate Section 101.19 of the Code of Ordinances which contains additional prohibitions on fires.

(H)

Smoking. Smoking at the municipal beach is prohibited, except in designated posted smoking areas. Smoking is defined to include the carrying of a lighted pipe or lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind.

(I)

Additional Operating Procedures; Posted Rules; General Laws.

(1)

Federal, State, County and Municipal Laws. All federal, state, county and municipal laws are hereby adopted and are to be enforced within all City of Delray Beach parks and recreational facilities.

(2)

Compliance with Additional Posted Rules. Specific facilities which require additional operational procedures for orderly use shall be posted with rules in a conspicuous place. Patrons utilizing all facilities shall comply with posted regulations.

(3)

[Additional Prohibitions.] No person shall violate the prohibitions contained in Sections 101.35 regarding the storage of boats, Section 101.28, "Obedience to Lifeguards", Section 101.29, "Undressing on Beach; Indecent Apparel", or Section 101.30 regarding "nude swimming".

(J)

Permits.

(1)

[Reservations.] Reservation of any parks and recreation facility or area for exclusive use requires written approval of the Parks and Recreation Department in the form of a permit.

(2)

[Permits.] Permits shall be obtained as required by the Code of Ordinances.

(3)

Regulation Exceptions. All government activities carried out in the ordinary course of park, recreational facility and beach operations shall be exempt from the provisions of the Parks and Recreation Department Rules and Regulations Permit Requirements. Acts or conduct prohibited by the rules shall be permitted when approved by the Director of Parks and Recreation and occurring in conjunction with City-sponsored, cosponsored, or City-approved special events, including but not limited to: Promenade, plant shows and home shows.

(K)

Enforcement.

(1)

Hindering Enforcement. No person shall impersonate in any way a park official nor hinder park officials or personnel or those designated by the City to enforce the Code of Ordinances in the performance of their lawful duties.

(2)

Trespass. In addition to any other penalty allowed by law or ordinance, any person or group found in violation of the above rules and regulations shall be ordered to leave all City of Delray Beach parks and recreation facilities for a minimum twenty-four-hour period. Any person who fails to leave all facilities, parks or beach at the time requested may be arrested and prosecuted for trespassing or prosecuted under other existing ordinances.

(3)

[Habitual Violators.] Any person determined by the Parks or Site Supervisor to be a habitual violator of the Parks and Recreation Rules and Regulations may be ordered to remain out of City parks, recreational facilities or municipal beach for a period of time not to exceed six (6) months. Habitual violator, for purposes of these rules and regulations, shall be defined as any person that has been ordered by Parks and Recreation officials, Code Enforcement Officers and those designated by the City to enforce its Code of Ordinances or Police Officers to leave a City park, recreational facilities or municipal beach three (3) times within any twelve-month period.

(K)

Penalty. In addition to any other penalty permitted by law or specifically enumerated by this section, the General Penalty and enforcement means as provided in Section 10.99 shall apply. Section 37.45 of the Code of Ordinances sets forth additional civil penalties that may be imposed upon issuance of a civil citation.

(Ord. No. 66-06, § 3, passed 12/5/06)