Ordinance No. 95-25-125ORDINANCE NO. 95-25-125
AN ORDINANCE TO AMEND CHAPTER 5 (BEACHES AND PARKS),
ARTICLE III (PUBLIC PARKS), TO ADD A NEW SECTION 5-34
ESTABLISHING RULES AND REGULATIONS FOR CONDUCTING
BUSINESS ACTIVITIES IN CITY -OWNED PARKS AND FACILITIES;
PROVIDING DEFINITIONS; PROVIDING FOR RULES AND
REGULATIONS; PROVIDING FOR PROHIBITIONS; PROVIDING FOR
PENALTIES AND ENFORCEMENT; PROVIDING FOR CONFLICT,
SEVERABILITY AND SCRIVENER'S ERRORS; PROVIDING FOR
INCORPORATION AND CODIFICATION IN THE CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach owns and administers parks and other recreational
facilities; and
WHEREAS, the City of Atlantic Beach desires to maintain the integrity and intended use
of its parks and its recreation facilities for the enjoyment and benefit of all residents and visitors;
and
WHEREAS, the conduct of commercial activities within these public spaces may have an
adverse impact on the recreational use, environmental quality, and overall character of such areas;
and
WHEREAS, it is necessary to establish clear and consistent guidelines for the approval of
business activities within public parks and City facilities and it has been determined that the
adoption of this Ordinance is in the best interest of the City and its residents.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH that:
SECTION 1. Code of Ordinances Amended to add a New Section. New Section 5-34 —
Business Activities in Public Parks is hereby added to the Code of Ordinances to the City of
Atlantic Beach, Florida as follows (and renumber subsequent sections, accordingly):
Sec. 5-34 — Business Activities in Public Parks and City Facilities
(a) Definitions For the purposes of this Ordinance, the following definitions shall apply:
• "Business Activity" shall mean any activity conducted for profit, including but not
limited to: * Sales of goods or services * Solicitation of donations or contributions *
Advertising or promotional activities * Use of park or facility for commercial filming
or photography * Conducting classes or workshops for profit, tips or donations.
Ordinance No. 95-25-125 Page 1 of 3
"City Manager" shall mean the City Manager of the City of Atlantic Beach or his/her
designee.
"Public Park" shall mean any park, playground, green space, or other public area
owned or maintained by the City of Atlantic Beach.
"City Facility" shall mean any building, structure, or other facility owned or
maintained by the City of Atlantic Beach including but not limited to City Hall,
community centers, and cultural centers.
(b) Prohibition of Business Activities. Business Activities are prohibited in all Public
Parks and City Facilities, unless as otherwise expressly provided in this Chapter. No person
or entity shall conduct any Business Activity in any Public Park or City Facility without
first obtaining written approval from the City Manager.
(c) Limited Approval for Non -Profit Entities and City Partnerships. The City Manager
shall only approve Business Activities in Public Parks or City Facilities conducted by
permit, other approval, and/or in partnership with the City.
(d) City Manager's Authority The City Manager shall have the administrative authority
to do any of the following:
1. Approve or deny any request or application for the conduct of a Business Activity.
2. Impose conditions or restrictions on approved activities.
3. Revoke approval for any Business Activity that violates this Ordinance or any other
applicable laws or regulations.
4. Execute agreements for the use of the Public Park or City Facility which includes
insurance and indemnifications provisions, as form approved by the City Attorney.
5. Delegate his/her authority regarding these matters.
6. Charge fees to reimburse for public expenditures.
(e) Appeals of administrative decisions of City Manager. Appeals of a decision of the
city manager may be made to the city commission by any person(s) affected by a decision
of the city manager made under authority of this chapter. Such appeal shall be filed in
writing with the city clerk within thirty (30) days after the ruling, decision or determination
being appealed.
Rules and Regulations The Rules and Regulations in Exhibit A are hereby adopted as
policy, and may be updated or amended by the City Manager upon notice to the City
Commission.
(f) Enforcement Any person or entity that violates this Ordinance shall be subject to a civil
penalty of not more than $500 for each violation.
Ordinance No. 95-25-125 Page 2 of 3
SECTION 2. Incorporation Codification Scrivener's Errors, Conflict and Severability.
(a) It is the intention of the City Commission and it is hereby ordained that the provisions of this
Ordinance shall become and be made a part of the Code of Ordinances of the City of Atlantic
Beach, Florida, and that the sections of this ordinance may be renumbered or relettered and that
the word "ordinance" may be changed to "section," "article," or other appropriate word.
(b) The publisher of the City of Atlantic Beach's Code of Ordinances, the Municipal Code
Corporation (www.municode.com) is hereby directed to incorporate the revised and amended
Code provisions provided herein into the City's Code of Ordinances. Sections of Chapter 5 may
be renumbered or re -lettered and scrivener's errors, formatting and typographical errors and other
minor, inadvertent graphical errors in Chapter 5 which do not affect the intent may be authorized
by the City Manager and City Attorney without the need of public hearing, by filing a corrected
or re -codified copy of same with the City Clerk.
(c) All Ordinances, Resolutions, Code of Ordinances or parts of thereof in conflict herewith are
hereby repealed to the extent of such conflict.
(d) If any word, phrase, clause, subsection, or section of this Ordinance is for any reason held
unconstitutional or invalid by a court of competent jurisdiction, the invalidity thereof shall not
affect the validity of any remaining portions of the Ordinance.
SECTION 3. Effective date. This ordinance shall take effect on July 1, 202.5_
PASSED by the City Commission on first reading on the 10th day of February 2025.
PASSED AND ADOPTED by the City Commission on second and final reading on the 27"' day
of May 2025.
ATTEST:
Donna L. Bartle
City Clerk
Approved as to form and correctness:
Jason ab
City Attorney
r, k, /.
Curtis Ford
Mayor
Ordinance No. 95-25-125 Page 3 of 3
EXHIBIT A
CITY OF ATLANTIC BEACH
POLICY DOCUMENT
POLICY TITLE: BUSINESS ACTIVITIES IN CITY PARKS AND FACILITIES
I. PURPOSE
The purposes for this policy include but are not limited to:
• Ensure public safety, health and welfare of all City park and facility users and visitors.
• Guarantee City parks and facilities are available for the benefit of all city citizens.
• Preserve the environmental and recreational nature of the City's parks and care of the City's
facilities.
• Set clear rules for permitted business activities in City parks and facilities.
• Protect the city's property and risk, and guarantee uses consistent with City parks and facilities.
• Establish clear rules on the time, place and manner of business activities in City parks and
facilities.
II. POLICY STATEMENT
A. Business Activities: For this policy business activities shall mean a course of dealing which
requires the time, attention and labor of the person so engaged for the purpose of earning
a livelihood or profit. Business activities include, but are not limited to, individual/group
instructional services, individual/group coaching and/or individual/group training or
educational activities. Such activities imply a continuous and regular course of dealing,
rather than an irregular or isolated transaction or event. A person may be engaged in one
or more businesses. There is a rebuttable presumption that a person is engaged in a
business activity where through advertising or other means one communicates to the public
that they are engaged in an activity for a fee and/or one files tax returns, schedules and/or
documents that are required only of persons or entities engaged in trade or business.
B. Business Activities Registration: For this policy, business activities registration shall mean
the required documentation issued by the City which is evidence of approval to conduct
business activities on park land or within a facility owned by the City of Atlantic Beach.
C. Aside from their participation in City -operated or -partnered activities such as markets,
festivals and events, no person shall sell or make an offer to sell goods or services within a
park or facility owned by the City of Atlantic Beach (hereinafter "park or facility") without
first obtaining a business activities registration from the City, paying all required rental and
reservation fees, any applicable permit fees, and/or entering into a facilities use agreement
where applicable.
D. Business activities registration applications shall be approved or denied by the City Manager
or his/her designee.
E. The City shall endeavor to provide comprehensive programing and services for its citizens.
When the City seeks to augment services through third -party vendors, or to procure
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EXHIBIT A
products or equipment, it shall follow the City of Atlantic Beach's procurement policies.
III. BUSINESS ACTIVITIES REGISTRATION APPLICATIONS
A. Registration Application Requirements: The City shall consider applications to use parks
and facilities for business activities under the following circumstances:
1. Applicants shall complete a Parks and Recreation Request for Business Activities
Registration (hereinafter "Application").
2. By filing out an Application, the Applicant agrees to abide by all requirements,
stipulations and pay all fees associated with the potential issuance of a Parks and
Recreation business activities registration.
3. The Applicant shall identify the proposed parks or recreation facilitiesy.
4. The Applicant shall identify the proposed times and provide a detailed explanation
of the business activities to be conducted.
5. Businesses operating in parks and City parks and facilities are required to remove all
equipment and materials at the end of their activity.
6. Additional information may be requested depending on the business activity.
B. Applicants must provide all the above information to be considered for a business activity.
If an application is incomplete or the applicant fails to provide all the required information,
the City shall deny the request. Upon issuance of a business registration, the Applicant must
agree to provide all rental and/or reservations fees applicable to the park or recreation
facility identified.
IV. Evaluation Criteria for Permit Application: The City shall issue a registration for applications
based on the following criteria:
A. The business activity requested must be a recreational or instructional activity that is
consistent with the City's desire to support green spaces, active lifestyles, parks, and
programming.
B. The applicant must have a City Business License, if required pursuant to City Code.
C. The applicant must have or be able to obtain insurance coverage sufficient to indemnify the
City of Atlantic Beach and provide evidence of such insurance to cover all injuries to people
or damage to park property.
D. Where the proposed activity may impact health and safety, the applicant must provide
credentials including evidence of his/her degrees and/or certifications to provide the
services proposed.
E. The applicant's business activities must be consistent with the established uses for the
proposed City Park and/or facility.
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EXHIBIT A
F. The City may deny applications where the times, the site requested and/or the business
activities proposed will interfere or impact the normal access to the park or facility
requested. The City shall deny the Application where the number of proposed participants
or the size of the space cannot safely accommodate the proposed business activity.
G. The City shall deny proposed business activities that will create a health or safety risk for
parks and recreation patrons.
H. The City may deny an Application where some other person or entity has already reserved
the proposed park or facility space or where the City already has an ongoing recreational or
instructional activity in the identified park or facility at the proposed time and place for the
Applicant's business activity.
I. The City shall deny an Application where there is a materially false statement within the
Application.
V. REGISTRATION, APPROVAL AND TIMELINE
A. Upon receipt of an Application and any additional documentation requested, City staff shall
prepare a summary and Recommendation to approve or deny the application based upon
the criteria in Section IV.
B. The City Manager or his/her designee will determine whether to grant or deny a business
activities registration pursuant to the evaluation criteria under Section IV. He/she shall
identify the basis for a denial of the Application in writing. He/she shall notify the applicant
of the intent to issue or deny the registration and upon intent to issue, may at that time ask
for documentation of liability insurance and business license.
C. The Applicant shall receive a timely response to applications and notice of intent within a
reasonable period not to exceed Twenty (20) business days from the date all requested
documentation has been provided to the City of Atlantic Beach.
D. The registration shall be issued upon receipt of completed documentation demonstrating
that the applicant has obtained sufficient insurance coverage to indemnify the City of
Atlantic Beach and evidence of a business license to conduct business in accordance with
City Code, where required under the City Code.
E. Upon issuance of a business activities registration, applicants shall enter into a Facility
Use/Rental Agreement, where applicable, and/ or pay such fees as are required to reserve
space or conduct business on park land.
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