Sec. 98-56. - Intent and purpose.

It is the intent and purpose of this article to regulate the use of county parks so as to protect the health, welfare and safety of persons using the parks, and the general welfare of residents of surrounding areas and of the county. It is to be liberally construed to effect that result.

(Ord. No. 76-48, § 1)

Sec. 98-57. - Requirements concerning use of grounds and facilities.

(a)

Generally. Each person using the county public parks, grounds, and public beach access areas shall clean up all debris, extinguish all fires when such fires are permitted, and leave the premises in good order, and the facilities in a neat and sanitary condition. No person shall dump, deposit, or leave any bottles, broken glass, ashes, paper, or other trash anywhere on the grounds of the parks other than in proper receptacles provided therefor, and no such refuse or trash shall be placed in any waters in or contiguous to the park. While receptacles are so provided, all such rubbish or waste shall be carried away from the park or beach access area by the person responsible for its presence, and properly disposed of elsewhere.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Beach access area means any easement, street, alley, right-of-way or any other property deeded or dedicated to the public for the purpose of allowing the public access to beaches across public or private property.

(2)

County park means a land or water site publicly owned, operated, or controlled, that is used for public recreational purposes. The term "county park" shall include beach access areas which have been deeded or dedicated for public use.

(3)

Department means the Collier County Parks and Recreation Department.

(4)

Director means the Director of the Collier County Parks and Recreation Department.

(Ord. No. 76-48, § 2; Ord. No. 87-3, § 1; Ord. No. 07-66, § 1)

Sec. 98-58. - Prohibited acts.

(a)

No person shall within County park boundaries:

(1)

Disobey the lawful and reasonable order of a police officer or county park employee in the discharge of his duties or disobey or disregard the notices, prohibitions, instructions or directions on any park sign, including rules and regulations posted on the ground or buildings in said parks.

(2)

Willfully, mark, deface, disfigure, injure, tamper with, or displace or remove any building, bridge, table, bench, fireplace, railing, paving, or paving material, water line or other public utility or parts appurtenant thereof, signs, notices or placard whether temporary or permanent, monuments, stakes, posts, or other boundary markers or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

(3)

Interfere with, encumber, obstruct or render dangerous any part of the park.

(4)

Climb or lie upon any walls, fence, shelter, seat, statue, monument, or any other structure.

(5)

Cut, break, injure, disturb, sever from the ground or remove any growing thing, including but not limited to, any plant, flower, flower bed, shrub, tree, growth or any branch, item, fruit or leaf thereof; or bring into or have in his possession any county park any tool or instrument intended to be used for the cutting thereof, or any garden or agricultural implements or tools which could be used for the removal thereof; or pile or maintain any material or debris of any kind against or upon the same or attach any rope, cable or other contrivance thereto; or set fire to any trees, shrubs, plants, flowers, grass, plant growth or living timber, or suffer any fire upon land to extend into park lands; or go upon any prohibited lawn, grass plot or planted area, except at such times and in such matter as the director of the parks and recreation department may designate.

(6)

Throw, discharge, or otherwise 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 county park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.

(7)

Disturb the peace, use any profane, obscene or blasphemous language or do any indecent act.

(8)

Endanger the safety of any person by any conduct or act.

(9)

Commit any assault, battery or engage in fighting.

(10)

Carry, possess, or drink any alcoholic beverage in any park except as provided in the exemption set forth in subsection (b) of this section or except at such times and in such manner as then not prohibited by law and to the extent expressly authorized in advance and in writing by permit issued by the director of the department in strict adherence with policy rules of the department approved by resolution of the board of county commissioners.

(11)

Enter or exit any park facility except at established entrance ways or exits, or at established times.

(12)

Attach any posters or directional signs to trees.

(13)

Cause or permit a dog or other domestic animal to enter, except as provided in the exemption set forth in subsection (b) of this section.

(14)

Build fires except in specified areas in county parks on cooking grills provided therein.

(15)

Drive any unauthorized vehicle on any area within the park except the paved park roads or parking areas; park an authorized vehicle in other than an established or designated parking area; park any unauthorized vehicle in the county park area overnight.

(16)

Ride a bicycle on other than a paved vehicular road or path designated for that purpose; leave a bicycle in a place other than a bicycle rack when such is provided, or leave a bicycle lying on the ground or paving or any place or position so as to present any obstruction to pedestrian or vehicular traffic.

(17)

Prevent any person from using any park, or any of its facilities, or interfere with such use in compliance with this section and the rules applicable to such use.

(18)

Violate any rule for the use of the park which has been posted in a particular park pursuant to approval by the board of county commissioners.

(19)

Possess, carry and/or transport on or about their person any glass container in any beach access area.

(b)

Exemption to prohibited acts.

(1)

An exemption to subsection (a)(10) of this section is hereby declared and established to permit the sale, consumption or possession of alcoholic beverages within the Golden Gate Community Center in accordance with the following conditions:

a.

The sale, consumption or possession of alcoholic beverages shall be permitted only in conjunction with or accessory to a primary function for which the community center has been rented (e.g., wedding, office party, holiday party, charitable functions, etc.).

b.

Any permit or temporary license for the sale of alcoholic beverages required by the division of alcoholic beverages and tobacco including, but not limited to, F.S. § 561.422, shall be a prerequisite to the sale or service of alcoholic beverages. It shall be the sole responsibility of the person requesting permission to serve alcoholic beverages to acquire all such permits or licenses and neither the Golden Gate Municipal Services Taxing District nor the county shall have any obligation or responsibility to obtain or provide such permits or licenses.

c.

The person requesting permission to serve alcoholic beverages and all persons consuming or possessing alcoholic beverages at the Golden Gate Community Center shall comply with all statutory requirements relating to the sale or possession of alcoholic beverages as set forth in F.S. chs. 561 and 562, as applicable. Specifically, no minors shall possess or consume alcoholic beverages at the community center.

d.

Arrangements for permission to sell or serve alcoholic beverages at the Golden Gate Community Center shall be made through the director of the community center, or his designee.

e.

The regularly established hours for the Golden Gate Community Center shall be observed with regard to the sale, consumption or possession of alcoholic beverages within the Golden Gate Community Center, or his designee.

f.

The sale, consumption or possession of alcoholic beverages shall be permitted only within the Golden Gate Community Center Building.

g.

The person requesting permission to serve alcoholic beverages at the Golden Gate Community Center shall provide proof of insurance as a prerequisite to the sale or serving of alcoholic beverages. Such proof of insurance may take the form of a separate liquor liability insurance policy, liquor liability rider to homeowners insurance, or other insurance approved by the county risk manager. In the event that general liquor liability insurance is provided by the county for all functions which sell or serve alcoholic beverages, any person, group or organization conducting such function shall pay a proportional share of the cost of such insurance as determined by the county risk manager and the director of the community center.

h.

Either the director of the Golden Gate Community Center, or his designee, or a person designated by the county department of parks and recreation shall be present during the course of any function or activity at which alcoholic beverages are sold, consumed or possessed at the community center. Such person shall have the authority to immediately terminate or cause the termination of the sale, consumption or possession of alcoholic beverages where it is determined that any requirement of this section has been violated.

(2)

An exemption to subsection (a)(14) of this section is hereby declared and established to permit domestic animals within county park boundaries for county-approved recreational special events (e.g., petting zoo, dog shows, etc.), park ranger patrol, seeing-eye dogs for handicapped park patrons and law enforcement duties.

(Ord. No. 76-48, § 3; Ord. No. 81-3, § 2; Ord. No. 88-7, § 1; Ord. No. 90-9, § 3; Ord. No. 07-66, § 2; Ord. No. 2011-16, § 1)

Sec. 98-59. - Hours.

Except for unusual and unforeseen emergencies, county parks shall be open to the public every day of the year during hours designated by the director of the parks and recreation department. The pending and closing hours for each individual park shall be posted therein for public information.

(Ord. No. 76-48, § 4)

Sec. 98-60. - Conflict and severability.

(a)

In the event this article conflicts with other applicable law, the more restrictive shall apply. If any portion of this article is in conflict with an ordinance of any municipality within the county, it shall not be effective within the municipality to the extent of such conflict.

(b)

If any section, subsection, sentence, clause, phrase, or portion of this article is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision of such holding and shall not affect the validity of the remaining portion thereof.

(Ord. No. 76-48, § 6; Ord. No. 81-3, § 3)