Ordinance No. 95-06-91ORDINANCE NO. 95-06-91
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, BEACHES
AND PARKS, ARTICLE III, PUBLIC PARKS, BY ADDING A NEW
SECTION PROVIDING FOR ENFORCEMENT OF PARK RULES AND
REGULATIONS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach has the authority to promulgate rules and
regulations relative to the conduct of people in the City's public parks and to visibly post such rules
and regulations at locations in the pazks to which they apply, and
WHEREAS, some City employees such as Parks and Recreation staff members and police
officers have had problems with people violating pazk rules and regulations and then either ignoring
or being abusive to the responding City employees, and
WHEREAS, as a result of such conduct, it is necessary to provide specific authority for
City employees to enforce the rules and regulations in the City's public parks.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended by adding a new section to be numbered Section 5-33, which section shall read as
follows:
" Sec. 5-33. Enforcement of pazk rules and regulations.
All City employees shall have the authority to enforce the rules and
regulations of the City's public pazks. The primary enforcement agents shall be
Pazks and Recreation staff members and police officers.
(a) First violation. First violations of pazk rules and regulations will
result in the violator being verbally warned by the city employee. If the violator is a
juvenile, then the employee will obtain parentaUguazdian information and contact
the juvenile's pazent/guazdian and inform the parent/guazdian of the wanting. All
records of warnings will be purged after ninety (90) days unless there are subsequent
violations.
(b) Second violation within ninety (90) days of first offense. If the
violator is a juvenile, then the parks and recreations staff will contact the juvenile's
parent/guardian and .contact the police to complete a Trespass After Warning
(TAW) form for thirty (30) days. The juvenile information will be purged after
ninety (90) days unless there are subsequent violations.
If the violator is an adult, then parks and recreations staff will contact the
police to complete a Trespass After Warning (TAW) form for thirty (30) days.
(c) Third and subsequent violations within ninety (90) days of the
second offense. ff the offender is a juvenile, the pazks 'and recreation staff will
contact the juvenile's parent/guazdian and contact the police to complete a Trespass
After Warning (TAW) form for one (1) year. The juvenile information will be
purged after ninety (90) days unless there are subsequent violations.
If the violator is an adult, then pazks and recreations staff will contact the
police to complete a Trespass After Warning (TAW) form for one (1) yeaz.
(d) Trespassing violations will be handled as violations of state law.
(e) Authority to regulate pazk activities. Members of the parks and
recreation department and the police department are authorized to:
(1) Direct any individual to leave any city public park or any
specific area of any city park, and to complete a Trespass After Warning Notice
prohibiting an individual from returning to a city pazk or any specific azea of a city
pazk based on the individual's violation of posted park rules or violations of
criminal codes and/or statutes.
(2) Close down a city park or any portion of a city park due to
violations of pazk rules, violations of criminal codes and/or statutes, or due to public
safety concerns."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this oZ ?`~' day of M Gct"G h , 2006.
PASSED by the City Commission on second and final reading this ~ o~ day of
t 1 ~ 2006.
A T:
ONNA L. BUSSEY
City Clerk
DONALD M. WOLFSON
Mayor, Presiding Oi~icer
Ap roved as to f rm and correctness:
AN J SEN, ESQUIRE
City rney