Policy leadership

Memorandum

Date: February 26, 2019

To: Honorable Mayor and Board of Commissioners

Through: Mark LeCouris, City Manager

From: Paul Smith, Public Services Director

Craig Dolan, Recreation Superintendent

Subject: Ordinance 2019-05; Commercial Activity on Public Land Including City Parks

Recommendation

Approve Ordinance 2019-05 to make specific changes to the City Code of Ordinances, Chapter

12.5: - Parks and Recreation regulating activity on public land and City parks.

Background

The Code of Ordinances of the City of Tarpon Springs currently requires recreation permits for

individuals actively using City parks. While this requirement was based in preserving park space for

use, it is recommended that the requirement be deleted for several reasons, including the need for

overall encouragement of recreational park usage and the impracticability of enforcement.

Additionally, there is a need to better address commercial activity that is not sanctioned by the City

occurring on public land and in City parks. This Ordinance is proposed to update and create a legal

and regulated means to allow and recognize any potential commercial activity that occurs on public

land and in City parks in order to provide for the health, safety, and welfare of its citizens, residents,

and visitors.

Per this proposed ordinance, the following commercial activities on any public lands (including parks)

owned by or dedicated to the City would require a franchise or license agreement granted by the City:

(1) Retail and wholesale of food, beverage or any other products;

(2) Vendor, vending or caterer operations;

(3) Rental of any products or equipment, such as chairs, bicycles, umbrellas, blankets, kayaks, jet skis, sailboats, motorized and unmotorized boats;

(4) Recreation programs, including camps, schools, athletic teams, yoga, karate, aerobics or any other exercise classes or athletic instructions.

The ordinance provides for an exemption through special permitting, such as the special events

process.

ORDINANCE 2019-05

AN ORDINANCE OF THE CITY OF TARPON SPRINGS, FLORIDA, AMENDING CHAPTER 12.5: - PARKS AND RECREATION, ARTICLE 1 - IN GENERAL, SECTION 12.5-6 – DELETING THE RECREATION CARD REQUIREMENT AND REQUIRING A FRANCHISE OR LICENSE AGREEMENT FOR COMMERCIAL ACTIVITY ON PUBLIC LAND AND USE OF CITY PARKS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF TARPON SPRINGS, FLORIDA; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.

WHEREAS, the Code of Ordinances of the City of Tarpon Springs currently requires recreation permits for recreation uses in City parks, however, city staff has recommended that that requirement be deleted; and

WHEREAS, the Board of Commissioners of the City of Tarpon Springs desires to update

the Code of Ordinances to better reflect the policies of the Tarpon Springs Recreation Division; and WHEREAS, the Board of Commissioners of the City of Tarpon Springs desires to update

the Code of Ordinances to better address commercial activity that is not sanctioned by the City occurring on public land and in City parks; and

WHEREAS, the Board of Commissioners of the City of Tarpon Springs desires to provide

for the health, safety, and welfare of its citizens, residents and visitors; and WHEREAS, the Board of Commissioners of the City of Tarpon Springs desires to update

the Code of Ordinances to create a legal and regulated means to allow and recognize any potential commercial activity that occurs on public land and in City parks in order to provide for the health, safety, and welfare of its citizens, residents, and visitors.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF TARPON SPRINGS THAT:

SECTION 1. That Chapter 12.5: - Parks and Recreation, Article I – In General, Section 12.5-6, shall hereinafter be amended to read as follows:

ARTICLE I – IN GENERAL

§12.5-6. – COMMERCIAL ACTIVITY ON PUBLIC LAND AND USE OF CITY PARKS.

(a) The following commercial activities on any public lands owned by or dedicated to the City or any parks located in the City are prohibited, except for any commercial activities performed under a franchise or license agreement granted by the City or any business conducted by the City:

(1) Retail and wholesale of food, beverage or any other products;

(2) Vendor, vending or caterer operations;

(3) Rental of any products or equipment, such as chairs, bicycles, umbrellas, blankets, kayaks, jet skis, sailboats, motorized and unmotorized boats;

(4) Recreation programs, including camps, schools, athletic teams, yoga, karate, aerobics or any other exercise classes or athletic instructions.

(b) Notwithstanding the prohibitions set forth in subsection (a) of this section, the city manager or his designee may suspend the operation of this section through the issuance of a special permit.

SECTION 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict.

SECTION 3. In the event a court of competent jurisdiction finds any part or provision of this Ordinance unconstitutional or unenforceable as a matter of law, the same shall be stricken and the remainder of the Ordinance shall continue in full force and effect.

SECTION 4. The keeper of Code of Ordinances for the City of Tarpon Springs is directed to include this Ordinance in the Code of Ordinances and may renumber and reclassify the same as may be required for inclusion in the Code of Ordinances of the City of Tarpon Springs.

SECTION 5. This ordinance shall take effect immediately upon its passage and adoption in the manner provided by law.