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O#273ORDIN/~[CE #273 /hN ORDIN/hNCE OF THE CITY OF BOYNTON BEACH REGULATING THE CONDUCT AT MUNICIPAL BEACH ~H~D PAPJfS PROVIDING FOR ENFORCEMENT; AY~D PRESCRIBING PENALTIES FOR THE VIOLATION T~REOP AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, F LORI DA: Section I: Definitions. For the' purpose Of ~his Ordinance, the following '~rms, phrases, words, and their deriv&tiOns shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the sinqUlar number, include 'the plural humbert. The word "shall" is always mandatory and not merely directbry. (1) "City" is the City of Boynton Beach. (f) "DireCtor" is a person immediately in charge of any park area and its' activitieS, and to whom all park attendants of such area are responsible. (3) "Park" is a park, reservation, playground, beach~ recreation cente~ or any other area in the City, owned or Used by the City, and devoted to active or passive recreation. (4) "PersOn" is any person, firm, partnership, association, corporation, company or organization of any kind. (5) "Vehicle"' is any wheeled conveyance, whether mot6r powered, animal,drawn, or self-propelled, The term Shall ~inclUde any trailer in tow of any size, kind or description. Exception is made for baby carriage and vehicles in the service of the City parks. Section fi: P__ark Pr~ No person in a park shall: (i) Buildings and Other Property. (a) Disfiguration and Removal. Wilfully mark, deface, disfiqure, injure, tamper with, or displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water Ordinance # Page 2 27,3 lines or other public~utilities or parts or appurtenances ±hereof', signs, notice or Placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or-equipment, facilities or park property or appur- tenances whatsoever, either real or personal. (b) Restrooms and Washrooms. Fail tO cooperate in maintaining restrooms andwashrooms in a neat and sanitary condition. No person over the age Of 4 years shall use the restrooms and washrooms designated for the opposite sex. (c) Removal of Natural Resources; -Dig, or remove any beach Sand, whether submergedor not, or any soil, rock, stones, trees, shrubs or plants, down-timber or other WOod-or materimals, or make any'excaVat±'on by tool, equipment, blasting or other means or agency. (d) Erection of Structures. COnstruCt or erect any bui'lding or Structure of Whatev~r kind, whether permanent or'temporary in character, or run or string any public service utility into, upon, or across such lands; except on special written permit issued here- under. (2) Trees, Shrubbery, Lawns. (a) ' Injury and Removal. Damage, cut, carve transplant or remove' any tree or plant or injure the bark, or pick the flowers or seeds Of any tree plant. Nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way 'injure or impair the natural beauty or usefulness of any area. (b) Climbing Trees, etc. Climb any .tree or walk, stand or sit upon monuments, vases, fountains, railing, fenceS~or guncarriages or upon any other property not designated or customarily used for such purposes. Section 3: Sanitation. No person in a park shall: (1) Pollution of Waters, Throw, discharge, or other- wise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent~'to any park, or tributary; stream, storm~ sewer, or drain flowing into such waters, any substance, Ordinance # 273 Page 3 matter or thing, liquid or solid, which will or may result in the pollution of said waters. (2) Refuse ahd Trash. Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash. No such refuse or trash~ shall be placed in any waters in or contiq[uous to any park, or left anywhere on the grounds thereof, but ~hall be placed in 'the proper receptacles where these are provided~ where receptacles are not So provided, all such rubbish or waste shall be carried away from~ the park by the person responsible 'fOr its presence, and properly disposed of elsewhere. Section 4: Traffic. No person in a park shall: (1) State Motor Vehicle Laws Apply. Fail to comply with all applicable provisions of the state motor vehicles traffic laws in regard to equipment and ope~atlon of~ Vehicles together with such regulations as are contained in this-and other ordinances. (2) Enforcement Of Traffic Regulations. Fail to obey all traffic officers and park employees, such persons being hereby authorized and instructed to direct' traffic whenever and wherever needed in the Parks ~nd on the ~highways, streets or roads immediately adjacent thereto zn accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the Director. (8) Obey Traffic Signs. Fail'to observe carefully all traffic signs indicating speed~,~ direction, caution, stopping, or parking, and all others posted for proper cnntrol and to' safeguard life and property. (4) Speed of Vehicles. Ride or drive a-vehicle at a rate of speed exceedin~ l0 miles an hour; except upon such roads as the director may designate, by POsted signs, for speedier travel. ($) OperatiOn Confined to Roads. Drive any vehicle on any area except the paved park roads or parking areas, or such other areasas may on occasion be specifically designated as temporary parking areas by the Director. ( 6 ) Parking. (a) Designated Areas. Park a vehicle.in other than an established or designated parking area and such use Ordinance # 273 Page $. shall be mn accordance wroth t e Oosted directions there at and Wifh the instructions of any attendant who may be present. (b) Immovable Vehicles. Leave any vehicle any- where in the park with one or more ~¢heels chained, or with motor set in gears and door locked, or in any manner fixed or arranged so that such vehicle cannot readily be moved by hand. ('c) Night Parking. Leave a vehicle standing or parked at night without lights clearly visible for at least 75' feet from ~oth front and rear on any driveway or road area except legally established parking areas. (d) Emergency Procedure. Fail to immediately notify an attendant' of an emergency ~in the nature of a breakdown requzn g the assistance of a tow-truck, mechanic or other person. (e) Double Parking. Double park any vehicle on any road or parkway unless directed by a park official. (f) Muffler Required. Fail to use a muffler adequate to deaden the sound of the engine in a motor vehicle. (7) Bicycles. (a) COnfined to Roads. Ride a bicycle on other than.a paved vehicular road or path 'desiqnated for~ that purpose. A bicyCliSt sha!l be permitted tO wheel or push a bicycle by hand'~ov'er any grassy area' or wooded frail or on any paved area reserved for pedestrian use. (b) Operation.~ Ride a bicycle on the righl,hand' side of the road paving as close as conditionS permit, and bicycles shall be kept in single file when two or more are operating as a group. Bicyclists shall at all times operate their~machines with reasonable regard to the safety of others, si~.al all rums,' pass to the right Of any vehicle they are overtaking, and pass to the right of any vehicles they may be meeting. (d) Rider Prohibited. a bicycle. Ride any other person on (d) Designated Racks. Leave a bicycle in a Place other than a bicycle rack When such is provided and there is a space available. Ordinance #273 Page 5 (e) ImMobile. Leave a bicycle lying on the ground or paving~ or set against treest or in any place or position where other persons may trip over or be injured by them. (f) Night Operation. Ride a bicycle on any road between 30 minutes after sunset or before 30 minutes before sunrise without an attached headlight plainly visible at least feet in front of, and without a red. tail light or red reflector plainly visible from at least feet from the rear of such bicycle. Section 5: park shall: Recreational Activities. No person in a (1) Bathing and Swimming. (a) Designated Areas. Swim, bath, or wade in any waters or water-ways in or adjacent to any park, except in such waters and at such places as are pro- vided therefor, and in compliance with such regulations as are herein set forth or may be hereafter adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat when such activity is prohibited by the Director upon a finding that such use of the water would be dsm~gerous or otherwise in advi sable. (b) Certain Hours. Frequent any waters or places designated, for the purpose of swimar~ing or bathing or congregate thereat, except between such hours of the day as shall be designated by the Director for such purposes for each individual area. (c) Structure on Beach. Erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind unless there shall be an unobstructed view into said tent, shelter or structure from at least two sides; nor skall any guy wire, rope or ~xtension or exterior brace or suppor± be connected or fastened from any such structure to any other structure, stake, rock or other object out- side thereof. (d) Costume. Allow himself to be so covered with a bathing suit as to indecently expose his person or call forth merited criticism. No person shall appear Ordinance #273 Page 6 in a bathing cos±nme at any place in the parks except within the limits of desi~cm~ated bathing places or areas, and all bathing costumes shall conform to commonly accepted standards. (e) Bath-Houses, Dress or undress on any beach or in any vehicle, toilet or other place except in such bathing houses or structures as may be provided for that purpose. (2) Hunting and Fireams. Hunt, trap, or pursue wild life at any time. No person shall use, carry or possess firearms of any descriptions, or air-rifles, spring- funs, bow and arrows, slings or any other fores of weapons potentially inimical to wild life and dangerous to human safety, or amy instrmment that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park area from beyond park boundaries is forbidden. Picnic Area and Use. (a) Regulated. Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with amy directions given to achieve this end. (b) Availability. Violate the regm~lation that use of the individual ~mreplaces together wi+h tables and benches follows generally the rule of ~First come, first served." (c) Non-exclusivel Use any portion of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded. (d) Duty of Picnicker. Leave a picnic area before the fire ms completely extinguished and before all trash in ~he nature of boxes, papers, cans, bottles, garbage and other refuse ms placed in the disposal receptacles ~=here provided. If no such trash receptacles are avail- able, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed. of elsewhere. Ordinance Page 7 (4) Camping. Cramp in other than permanent cabins for organized caraping, provided by theD'. lrector and used by groups of persons under adequate supervision. No person shall set up tents, shacks, or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after c~os_.ng hours any movable structure or special vehlcle to be used or t.hat could be used for such purpose, such as house-trailer,camp~trai!er, camp-wagon, or the like. (5) Games. Take part in or abet the playing of any games involving throwa or other propelled objects such as balls, stones, arrows, javelins or model airplanes except in areas set apart for such forms of recreation. %~he playing of rough or comparatively dangerous games such as football, baseball and quoits is prohibited except on the fields and courts or areas provided therefor. Roller-skating shall be confined to those areas specifically desigm, ated for such parttime. Section 6: BEHAVIOR. No person in a park shall: (!) intoxicating Beverages. (a) Prohibition. Have brought alcoholic beverages, nor shall any person drink alcoholic ~e~erages at any time in the park. (b) Exceptions. At certain specifically designated recreation centers w~nere meals or lunches are served under concession privileges the sale of alcoholic beverages by such concessionaire will be permitted under the strict regulation and control of the Director. Sales of alcoholic beverages shall be made only in individual drinks (not zn original packages or otherwise in bulk) and shall_be served for consm~ption on the immediate premises of the concession. (c) Drunkeness. Have entered or be under the influence of intoxicating liquor. (2) ~ireworks and Explosives. Brought, or have in his possession, or set off or ot.herwise cause to explode~ or discharge or burn, any firecrackers, tot ~ + pedo, roc~e~, or other fireworks or explosives of inf!ai~mmable material, or discharge them or throw them into any such area from land or highway adjacent thereto. ?/lis prohibition includes arty substance, compound, mixture, or article that in conJ~incfion with any other substance or compound would be dangerous from any of the foregoing standpoints. Ordinance #273 Page 8 (8) Domestic Animals. No person in a park shall have, or be permitted to have, any dog, cat or other domestic animals on any designated beach area at any time whee_her muzzled, leached or not, except that dogs, cats and other domestic animals are permitted to remain in a parked vehicle in properly designated parking areas but 'no domestic animal shall be permitted to run at large. (4) Reservation of Facilities. Occupy any seat or bench, or enter into or loiter or remain in any pavilion or other parc structure or section thereof which may be reserved and designated by the Board for the use of the opposite sex. Exception is made for children under 4 years of age. (5) Dress. Appear at any place in other than proper clothing. ?~i±h the exception of the restricted ba~hing areas, "properly clothed" shall be construed to prohibit the wearing of trunks or clothing that does not cover the upper portion of the body. (6) Alms. Shall solicit alms or contributions for any purpose, whether public or private. (7) Fires. Build or at%emp± to build a fire except in such areas and Under such regulations as may be designated by the Director. No person shall drop, throw, or o~her- wise scatter lighted matches, burning cigarettes or cigars, tobacco paper or o~her inf!~r~ab!e material, within any par~ area or on any highway, road or street abutting or contiguous thereto. (8) Closed Areas. Enter aD. area posted as "Closed the Public'' nor shall any person use, or abet the use of any area in violation of posted notices. (9) Games of Chance. any game of chance. Gamble, or participant in or abet (10) Loitering and Boisterousness. Sleep or protrac~edly lounge on the seats, or benches, or other areas, or engage in loud, boisterous, threatening, abusive, in- suiting or indecent language, or engage in any disorderly conduc~ or behavior tending to a breach of the public peace. (1i) Exhibit Permits; Fail to produce and exhibit any permit from the Director he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule. Ordinance #273 Page 9 (12) interference with Permittees. Disturb or interm fete unreasonably with any person or party occupying any area, or participating in any activity, under the author- ity of a permit. Section 7. Park Operating Policy, (!) Hours. The Director shall establish hours that the park, or beach, shall be open to the public use as may be deemed reasonable and such opening and closing time shall be posted for public information. Section 8. Enforcement. (i) Officials. The Director and park attendants shall in connection with their duties imposed by law, diligent- ly enforce the provisions of this Ordinance. (2) Ejectment. The Director and any park attendant shall have the authority to eject from the park any person acting in violation of this Ordinance. $3) Seizure of Property, Y%Le Director and any park attendant shall have the authority to seize and con- fiscate any property, thing or device in the parkw or used, in viclation of this Ordinance. Section 9. Penalties. Any person, firm. or corporation convicted of the violation of any of the terms or provisions of this ordinance may be fined in a sum not to exceed ~500.00 or may be imprisoned within the discretion of the Trial Court. Section 10. Separability. Each pro~.ision of this Ordinance is inseparable including word, clause, phrase or sentence and if any provision shall be declared invalid, the remaining portion shall not be effected but shall remain in force and effect. Section 11. Repealing Provisions. All ordinances or parts of ordinances in conflict herewith are hereby repealed. First reading this lSth day of August, 1955. Second and Finsl reading this 6th day of September~ 19~[. Ordinance Page 10 Mayor Court c ~ lman ~' At%es~: Ci±y { ~rk