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Home My Public Portal AboutOrdinance 2023-0648 Village Parks RulesORDINANCE NO. 2023-648 AN ORDINANCE OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING CHAPTER 2 "ADMINISTRATION', AND CHAPTER 17 "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES" OF THE VILLAGE CODE TO CREATE AND DEFINE "PUBLIC PARKS" AND AUTHORIZE RELATED RULES AND PENALTIES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council has recently constructed the Bal Harbour Waterfront Park, and has identified that it needs to establish provisions related to the use of this and other public park areas in the Village; and WHEREAS, Chapter 386, Part II of Florida Statutes, the Florida Clean Indoor Air Act, implements Article X, Section 20 of the Florida Constitution, which prohibits a person from smoking tobacco or using a vapor -generating electronic device in an enclosed indoor workplace, with certain exceptions; and WHEREAS, Florida Statutes preempted counties or municipalities from regulating smoking; and WHEREAS, on June 24, 2022, the Florida Governor signed into law House Bil 105 CHB 105"), which amends the Florida Clean Indoor Air Act to allow counties and municipalities to restrict smoking within the boundaries of any public beach or public park, except for unfiltered cigars; and WHEREAS, the Village desires to use its new authority to prohibit smoking at public parks as defined herein; and WHEREAS, the Village Council deems it to be in the best interest of the Village to adopt this Ordinance to amend the Village Code of Ordinances to define public parks and establish prohibited activities, to create penalties for these prohibitions, and to enable the administrative promulgation of rules related to the use of public parks. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AS FOLLOWS: Bal Harbour Village Ordinance 2023-648 VER: 7 1 Section 1. Recitals Adopted. That the above stated recitals are hereby adopted and confirmed. Section 2. Village Code Amended - Chapter 2. That Section 2-191, entitled "Schedule of Civil Penalties" of Article V "Code Enforcement" of Chapter 2 "Administration", is hereby amended to read as follows:' CHAPTER 2 - Administration Sec. 2-191. - Schedule of civil penalties. (a) The following table shows the sections of this Code, as they may be amended from time to time, and the dollar amount of civil penalty for the violation of these sections as they may be amended. Each "Description of Violation-," below is for informational purposes only and is not meant to limit or define the nature of the violations or the subject matter of the listed Code sections. To determine the exact nature of the activity proscribed or required by this Code, the relevant Code section must be examined. (b) The following is the schedule of civil penalties: Code Description of violation Civil penalty section (1) 3- Operating an alarm system without a valid $10.00 51 alarm user certificate (18) 10- Doing prohibited activities on a public $50.00 31 beach: driving vehicles, destroying plants, taking animals, starting fires, building or maintaining tents, shelters or structures, or fishing in posted areas (43) 17- Permitting shrubbery to grow near $25.00 32 intersections so as to obstruct the view of drivers (44) 17- Doing prohibited activities in public parks $50.00 82 (44) 45 19- Parking or storing certain vehicles in $25.00 5 residential districts Additions to existing Village Code text are shown by underline; deletions from existing Village Code text are shown by S44(ethF8Ugh. Any changes between first and second reading are shown by highlighted double underline and font. Bal Harbour Village Ordinance 2023-648 VER: 7 2 Section 3. Village Code Amended. That Article V "Parks" is hereby created in Chapter 17 "Streets, Sidewalks, and Other Public Places" to read as follows: CHAPTER 17 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE V. - PARKS Sec. 17-80. Definitions. Public Park means any land, water area, or trail and all facilities thereon, under the jurisdiction, control, maintenance, or ownership of the Village or another governmental entity, including, without limitation: • the Village jogging Rath and beach vehicle access road area west of the Public Beach defined in Chapter 10 of this Code • the Bal Harbour Waterfront Park, located at 18 Bal Bay Drive • the Bal Harbour Jetty, located at 10301 Collins Avenue • the cutwalk and area beneath the Herman B. Fultz bridge • Founders' Circle, located at 9650 Collins Avenue • the greensl2ace at the entrance to the gated community, located at 10200 Collins Avenue • the pedestrian beach access crossing south of Oceana, located at 10201 Collins Avenue • the greenspace on Collins Avenue, in front of Oceana, located at 10201 Collins Avenue Village Manager means the Village Manager or designee. Bal Harbour Village Ordinance 2023-648 VER: 7 3 Sec. 17-81. Authorization of Administrative Rules. The Village Manager shall promulgate administrative rules for the use of Public Parks, and shall post notice of them on the Village website. Sec. 17-82. Prohibited Acts in Public Parks. (a) It shall be unlawful for any Person to, in any Public Park: Q4 (1) Feed any animals in or on a Public Park. "�=(2) Destroy, damage or remove real property or improvements thereto, or movable or personal property belonging to the Village. (=54 (3) Throw or deposit, or permit to be deposited or scattered, upon any area of a Public Park, any waste or other material of any ky ind. 4�4 (4) Build, ignite, maintain, or cause to be built, ignited or maintained any fire in any area of any Public Park, except in such areas as are specifically designated therefor by the Village. No Person igniting or maintaining a fire shall leave the area without extinguishing the fire. (� L5) Erect, maintain or cause to be erected or maintained any tent, shelter or structure in a Public Park, except when approved in writing by the Village Manager. (4(6) Carry, possess or use air rifles, spring guns, slingshots, bows, or arrows or any other form of weapon potentially inimical to wildlife or dangerous to human safety in a Public Park. This section shall not a12121y to firearms as regulated by F.S. ch. 790. (A (7) Engaae in the operation of any concession or commercial activity on Public Park property, without written permission of the Village Manager. Bal Harbour Village Ordinance 2023-648 VER: 7 (8) Engage in any organized or pickup athletic, recreation, or special events, games, practice for same, or group exercise, utilizing a substantial portion of any Public Park that is.not formally organized by the Village without written permission of the Village Manager. (9) Smoke in a Public Park, except for the smoking of unfiltered cigars. (b) It shall be unlawful for any Person, in the Bal Harbour Waterfront Park, to: (1) Bring any dog, cat or other animal, domestic or wild, into the Waterfront Park, whether on leash, carried or running at large. The provisions of this subsection shall not apply to the use of a service animal, which means any dog guide or other animal individually trained to work or perform tasks for an individual with a disability,however he service animal should be on a leash underthe control of a competent person. Ifthe person cannot leash the service animal due to a disability, the person must be able to keep the animal under control by other effective means in accordance with Section 413.08(3), Fla. Stat. 2) Bicycles may not be ridden and may only be walked inside of the fenced perimeter of the Waterfront Park. Sec. 17-83-17-100. Reserved. Section 4. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the Code. That it is the intention of the Village Council, and it is hereby ordained that this Ordinance shall become and be made a part of the Bal Harbour Village Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Conflict. That all Sections or parts of Sections of the Code of Ordinances, all ordinances or parts of ordinances, and all resolutions, or parts of resolutions, in conflict with this Ordinance are repealed to the extent of such conflict. Bal Harbour Village Ordinance 2023-648 VER: 7 5 Section 7. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 18' day of April, 2023. PASSED AND ADOPTED on second reading this 16t" day of May, 2023. 'oR♦iE :°�P 13AI HARBOUR s O1�F coJ a� mn _ A. Dwig t a • , Village,Clerk APPROVED/AS, TO FORM AND LEGAL SUFFICIENCY: Village Attorney Weiss Serota Helfman Cole & Bierman P.L. Bal Harbour Village Ordinance 2023-648 VER: 7 6