§ 26-1. Rules and regulations adopted.

Rule 1. Definitions When used herein the following definitions shall apply:

(a)

The terms "Parks," "Parkways," "Recreational Areas," "Marinas" and other "Areas Operated and Maintained by the Miami-Dade County Parks, Recreation and Open Space Department" are defined to mean parks, wayside parks, greenways, bikeways, trails, parkways, playground, recreation fields, museums, auditoriums, ranges and buildings, natural areas, forests or preserves, lakes, streams, canals, lagoons, waterways, water areas and beaches therein and all public service facilities conducted on grounds, buildings, and structures in Miami-Dade County that are under the control of or assigned for upkeep, maintenance or operation by the Miami-Dade County Parks, Recreation Department and Open Spaces, and all beaches and ocean areas available to the public in the unincorporated area of the County.

(b)

The term "Park Property" when used hereinafter is defined to cover all areas, buildings, locations, and facilities described in the foregoing paragraph.

(c)

The terms "Park Department," "the Department" when used hereinafter are defined as "The Miami-Dade County Parks, Recreation and Open Spaces Department" and the term "Department Director" refers to the Director of said Department.

(d)

The term "Department Employee" refers to individuals employed by the Parks, Recreation and Open Spaces Department with responsibilities for the safe management, security, operation or maintenance of park facilities.

(e)

In construing the provisions hereof and each and every word, phase or part thereof where the context will permit, the definitions provided in Sections 1.01 Florida Statues shall apply.

(Ord. No. 59-14, Rules, Definitions, §§ 1, 2, 6-16-59; Ord. No. 74-85, § 1, 10-1-74; Ord. No. 16-58, § 1, 6-7-16)

TRAFFIC

Rule 2. Traffic ordinances and state vehicle laws The traffic ordinances of this County [Chapter 30 of this Code] and applicable State Vehicle laws shall apply in and about all park property and in addition thereto the traffic regulations contained in this section shall be applicable.

(Ord. No. 59-14, Rules, Art 2, § 2, 6-16-59)

Rule 3. Roads and driveways within parks

(a)

No person driving, operating, controlling or propelling any vehicle, motorized, horse drawn or self-propelled, shall use any other than the regularly designated paved or improved park roads or driveways, except when directed to do so by a police officer or department employee. The provisions of this subsection shall not apply to the use of any self-propelled wheelchair, power wheelchair, electric scooter, or other mobility device by an individual with a mobility impairment.

(b)

No driver operator of any vehicle shall obstruct traffic or park or stop on any road or driveway except at a place so designated or in case of an emergency beyond his control. If so caused to stop or park for more than fifteen (15) minutes the operator shall report such fact to an officer or park employee. At places so designed and clearly marked, a vehicle may be stopped for a period of no more than fifteen (15) minutes in order for the occupant to view the scenic features.

(Ord. No. 59-14, Rules, Art. 2, § 3, 6-16-59; Ord. No. 96-95, § 1, 6-18-96)

Rule 4. Trucks, buses, other heavy vehicles No truck, commercial vehicle, or bus of any type will be driven on any restricted park road or property without special authorization from the Park and Recreation Department for the purpose of park work, service or activities except that trucks and buses used for transporting persons to a park for recreational purposes will be afforded use of ingress and egress park roads and parking facilities as provided for conventional passenger vehicles.

(Ord. No. 59-14, Rules, Art. 2, § 4, 6-16-59)

Rule 5. Non-Motorized Equipment Use

(a)

No person shall ride, drive or propel any bicycle, tricycle, skate boards, roller skates, roller blades or similar non-motorized equipment on any but the regular vehicular roads or paved pathways and trails designated for said purpose. No person shall deviate from compliance with all traffic ordinance provisions governing the operation of bicycles while on park property.

(b)

No person shall ride, drive or propel any registered motorized vehicle on any but the regular vehicular roads, except that such vehicles, with motors shut off, may be pushed by hand not faster than a walk or carried over grassy areas normally reserved for the use of pedestrians.

(c)

The provisions of these subsections shall not apply to the use of self-propelled wheelchair, power wheelchair, electric scooter, or other mobility device by an individual with a mobility impairment.

(d)

Violators of this provision shall pay a fine not to exceed one hundred dollars ($100.00) for the first violation and two hundred dollars ($200.00) for each succeeding violation. Provisions of this rule shall not apply to the operation of these vehicles on those portions of park property specifically designated for such use. (Ord. No. 99-80(b)) Parents or guardians will be held strictly accountable for the actions of minors in regards to the prohibitions in the foregoing paragraphs.

(Ord. No. 59-14, Rules, Art. 2, § 6, 6-16-59; Ord. No. 99-80, § 1, 7-13-99; Ord. No. 05-72, § 1, 4-5-05)

Rule 6. Parking

(a)

No person shall park a vehicle any place on park property other than in the designated facilities provided for that particular type of vehicle, unless directed otherwise by police officers or department employees who are authorized to designate other areas for parking when conditions so warrant. The provisions of this subsection shall not apply to the use of self-propelled wheelchair, power wheelchair, electric scooter, or other mobility device by an individual with a mobility impairment.

(b)

Except for County vehicles or those on official County business no operator of any vehicle shall park or permit to remain parked any vehicle on any driveway, parkway, parking area or other park property except in areas designated as twenty-four-hour boat launching areas between sunrise and sunset or as otherwise posted.

(Ord. No. 59-14, Rules, Part 2, Art. 2, § 2, 6-16-59; Ord. No. 72-8, § 2, 2-1-72)

(c)

Exception to the provisions of the two (2) foregoing subsections is to be made in reference to the restaurants and leased facilities to permit patrons of these privately operated concessions to enter in and remain in same at any hour when open for business and to use the parking areas set aside for these concessions during the same hours. The Department Director may from time to time designate other similar use areas as exempt from general park closing hours.

(Ord. No. 59-14, Rules, Part 2, Art. 2, § 3, 6-16-59; Ord. No. 05-72, § 1, 4-5-05)

(d)

No Department employee shall be permitted to accept any fee or gratuity for any service concerning the parking of a vehicle except those employees assigned to areas where a stated fee is charged by the Department.

(Ord. No. 59-14, Rules, Art. 2, § 6(A), (B), 6-16-59; Ord. No. 96-95, § 1, 6-18-96)

Rule 7. Use of vehicles

(a)

No Operator of a vehicle shall tow another vehicle or wheeled device on park roads except when the towed vehicle is used in transporting a boat into a marina or other designated area or when necessary to remove a disabled vehicle. No tow vehicles shall be allowed on Department managed beaches where the Department shall provide for towing of boats or vehicles and shall be authorized to recover the costs for such service.

(b)

No vehicles except those authorized by the Park and Recreation Department to carry passengers for hire or fare will be permitted to so operate in the parks and these vehicles will be the only ones that pedestrians may hail or make prior arrangements for rides.

(c)

No person shall abandon, change any parts, repair, wash, grease, wax, polish, or clean a vehicle on any park roadway, parkway, driveway, parking lot or other park property.

(d)

No person shall operate any unlicensed or unregistered motorized vehicle of any kind on any park roadway, parkway, driveway, parking lot, or other park property. The provisions of this subsection shall not apply to golf course golf carts and authorized maintenance equipment or vehicles designated primarily for use by individuals with disabilities or in areas specifically designated for such use. The County Manager may, however, designate with appropriate signage and in accordance with safety regulations, certain areas of parks for use by four wheeled motorized carts or mini-bikes.

(Ord. No. 59-14, Rules, Part 2, Art 3, § 1, 6-16-59; Ord. No. 94-76, § 1, 5-5-94; Ord. No. 05-72, § 1, 4-5-05)

PARK PROPERTY

Rule 8. Preservation of property

(a)

As all property in all parks is County property no person entering or being within parks or areas operated and maintained by the Park and Recreation Department shall violate the provisions of by offense against property.

(b)

No person shall vandalize, deface or destroy any park property or equipment within a park site.

(Ord. No. 59-14, Rules, Art. 5, § 2, 6-16-59; Ord. No. 86-64, § 1, 9-16-86; Ord. No. 95-82, § 1, 5-2-95)

(c)

No person shall damage or remove plants or plant materials, trees or parts thereof or any flowers, nuts, seeds, or fruits whatsoever, except that park personnel may be empowered to make such removals and scientists and students of botany may be issued a Special Permit for specimen collecting by the Department Director or his/her designee.

(d)

No person shall excavate or remove any artifact from any archaeologically sensitive areas. Of particular concern are Native American burial grounds and living sites.

(e)

No person shall make any excavation by tool, equipment, blasting, or other means or utilize metal detectors or shall construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public utility into, upon, across or over any park or recreation lands unless authorized by permit or easement.

(f)

No fires shall be built by any person against or adjacent to any park building, structure, tree or plant or near the property of others or in any area of any park except in such areas as are specifically designated for fire building, nor shall any person drop, throw and permit to be scattered by any means, hot coals, lighted matches, burning tobacco products or any other flammable material within any park area or any highway, road or street abutting or contiguous thereto.

(g)

No person shall build, light or cause to be lighted, any fire upon the ground or beach or other object in any area except in an approved grill, stove, fireplace or other suitable container, nor shall any person starting a fire leave the area without extinguishing the fire.

(h)

No person shall use a grill or other device in such a manner as to burn, char, mar or blemish any bench, table, or other object of park property.

(Ord. No. 59-14, Rules, Art 4, 6, 6, 6-16-59)

(i)

No person shall stand or sit on any fence rail or on any picnic table or any other structure not intended for such use in park or parkway.

(Ord. No. 59-14, Rules, Art 3, § 2, 6-16-59)

Rule 9. Protection and preservation of wildlife

(a)

No person shall molest, harm, frighten, kill, net, trap, snare, hunt, chase, shoot or throw or propel by any means missiles at any wildlife roaming free about a park or in captivity in a zoo cage, nor shall any person remove or possess the young of any wild animal or the nest or eggs of any reptile or bird or to collect, remove, possess, give away, sell or offer to sell, buy or offer to buy, or accept as a gift any specimen dead or alive of any animal within a park, unless specifically authorized by the Director of the Park and Recreation Department. This provision is not intended to limit any program for the purpose of control of nuisance wildlife as set forth in Rule No. 10 below.

Note— Florida Statutes § 790.33, as amended, preempts and declares null and void all local ordinances, administrative regulations and rules in the field of firearms and ammunition, with limited exceptions set forth in § 790.33, as amended.

(b)

No person shall disobey posted notice prohibiting feeding zoo animals, birds or reptiles.

(c)

No person shall place, dump, abandon or leave any animal, reptile or bird, either wild or domestic on the grounds of any zoo or park.

(Ord. No. 59-14, Rules, Art. 3, § 3, 6-16-59)

Rule 10. Control of Nuisance Animals

(a)

Definitions. When used in this rule the following terms shall have the meanings set forth below:

(1)

Exotic Animal: A non-native animal species that occurs in South Florida, as a result of direct or indirect, deliberate or accidental actions by humans, which shall include, but not be limited to, all domestic, semi-domestic or feral animals.

(2)

Native Animal: An animal species that occurs naturally in or is indigenous to South Florida.

(3)

Natural Resource Park: A Natural Resource Park shall mean any of the current so designated parks and any park acquired or opened by the Department after the effective date of this ordinance that contains more than two (2) acres (cumulative) of pine rockland, hammock, freshwater wetland, coastal wetland, or scrubby flatwood plant community.

(b)

The introduction by any person of any exotic animal and the placement, abandonment or leaving of any animal in a County park or in public areas immediately adjacent to a County park is strictly forbidden.

(c)

The feeding by any person of any exotic or native animal in a County park or in the public areas immediately adjacent to a County park is hereby strictly forbidden unless specifically authorized by the Department Director.

(d)

Exotic animals, with the exception of those authorized by the Director, roaming free in County parks are hereby declared to constitute a nuisance. The Park and Recreation Department Director has the authority and responsibility to establish process and procedures to control and remove from the park, the species which are declared to constitute a nuisance.

(e)

The Director of the Park and Recreation Department is hereby authorized, in consultation with the Florida Fish and Wildlife Conservation Commission, to declare certain native species located in identified parks to constitute a nuisance. Native species shall be determined to be a nuisance when, in the discretion of the Director of the Park and Recreation Department, in consultation with staff of the Florida Fish and Wildlife Conservation Commission, the number, location, behavior or other characteristics of the native species or the remains of deceased animals constitute a hazard to human health and/or safety or to the resources of the particular park.

Rule 11. Domestic animals

(a)

No person shall be permitted to take any domestic animal other than a horse, as provided in Rule 21 below, into any park whether on leash, in arms or running at large, dogs in particular being excluded from parks, and provisions of Miami Dade County Dog Control Ordinance No 58-28 [Sections 5-3—5-15] shall apply to any and all park property, except for those areas specifically designated for dogs or other domesticated animals. The provisions of this subsection shall not apply to the use of a service animal, which means any dog guide or other animal individually trained to work or perform tasks for an individual with a disability.

(b)

Cattle, horses, mules, swine, sheep, goats, or fowl shall not be allowed upon park property and all owners or attendants of such animals are charged with the duty of preventing such occurrences. This prohibition does not apply to animals and fowl kept by the Park Department or under its direction.

(Ord. No. 59-14, Rules, Art. 4, § 10, 6-16-59; Ord. No. 96-95, § 1, 6-18-96)

Rule 12. Aircraft

(a)

No person operating, directing, or responsible for any airplane, helicopter, glider, balloon, dirigible, parachute or other aerial apparatus (excluding kites) will take off from or land in or on any park land or waterway, except when human life is endangered or written permission has been obtained from the Department Director. Take off from and landing in any natural resource area, and the environmentally sensitive Deering Estate at Cutler is specifically prohibited except when human life is endangered.

(b)

No person operating any aircraft shall do any stunt flying over or fly lower than one thousand (1,000) feet above the highest obstruction located in any park or recreation areas that are considered to be populated areas requiring compliance with Federal Aviation (FAA) Administration regulations regarding same.

(Ord. No. 59-14, Rules, Art. 6, § 1, 6-16-59)

Rule 13. Closing of parks

(a)

No person shall be or remain in any part of any park that is fenced in or provided with gates between the closing of the gates at night and their reopening on the following day; nor shall any person be or remain in any park not fenced in or provided with gates, between sunset and sunrise or as specifically posted, except in areas designated as twenty-four-hour boat launching areas, except in well-lit areas designated for use until 11:00 p.m. when in the discretion of the Department Director and upon consultation with the neighboring community or the Commissioner of the affected district and the applicable police department, and except that persons and vehicles may pass through such parks without stopping, on the most direct walk or driveway leading from their point of entrance to the exit nearest to their point of destination. The provisions of this section shall not apply to police officers or department employees while in the discharge of their duties nor to persons having a permit in writing issued by the department to be or remain in any part of the parks between such hours. The Department Director has the authority to establish exceptions to the closing hours as set forth above when it is in the interest of the public health, safety or welfare and such exceptions shall be posted.

(Ord. No. 59-14, Rules, Part 2, Art. 2, § 1, 6-16-59; Ord. No. 72-8, § 1, 2-1-72; Ord. No. 05-21, § 1, 1-27-05)

(b)

No person shall enter upon any part of any park, which is in an unfinished state or under construction or withheld from general public usage in the interest of public safety, health and/or welfare unless specifically permitted by the department Director.

(Ord. No. 59-14, Rules, Part 2, Art. 2, § 4, 6-16-59)

RECREATIONAL ACTIVITIES

Rule 14. Recreational activities No person shall engage in recreational or other activities other than those prescribed in certain areas set aside for such purposes. For example, in areas set aside for boating, swimming is prohibited, and in areas set aside for swimming, boating is prohibited.

Rule 15. Games, etc. No person or persons shall engage in rough or potentially dangerous games or practice for same, such as football, baseball, softball, horseshoes, golf, lacrosse, soccer, cricket, rugby, tennis, volleyball, badminton or any other games, practice or exercise involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, shuttlecocks, radio controlled or model aircraft or engage in rocketeering except in the areas specifically designated and set aside for such recreational usages.

(Ord. No. 59-14, Rules, Art. 4, § 7, 6-16-59)

Rule 16. Bathing and swimming

(a)

No person, regardless of age, sex, or manner of dress shall swim, wade, or bathe in waters or waterways in or adjacent to any park other than at such places as are provided for such activities and in compliance with the rules of these areas as to hours of the day and safety limitations for such use.

(b)

No person, minor or adult, shall enter or be in water at any bathing area wearing, carrying, pushing or towing any flotation device; provided, however, that surfboarding may be engaged in at certain prescribed areas that may from time to time be specifically designated for such sport by posted signs. Notwithstanding the above prohibition, the department is authorized to permit the use of any such device when required to accommodate park supervised programs or the needs of individuals with disabilities.

(Ord. No. 59-14, Rules, Art. 4, § 2, 6-16-59; Ord. No. 64-28, § 1, 7-21-64; Ord. No. 96-95, § 1, 6-18-96)

(c)

No person shall erect or cause to be erected any tent, shelter or structure on or in any beach, bathing or wading area in such a manner that a guy wire, rope, extension, brace or support connected or fastened from any such structure to any other structure, stake, rock or other object is necessary, nor shall any structure, tent or shelter lack an obstructed view of the interior from at least two (2) sides.

(Ord. No. 59-14, Rules, Art. 4, § 6-16-59; Ord. No. 64-28, § 1, 7-21-64; Ord. No. 96-95, § 1, 6-18-96)

Rule 17. Fishing No person, adult or minor, shall fish in park waters, either fresh or salt, by use of hook-and-line, seine, net, trap, spear, gig or other device except at such places and in such areas as have been prescribed for such usage which will include specified lakes, canals, lagoons, creeks and stretches on ocean beaches marked by moveable signs in areas other than those used for bathing.

(Ord. No. 59-14, Rules, Art. 4 §, 6-16-59)

Rule 18. Hunting and firearms

(a)

No person shall carry, use or possess firearms of any description, air rifles or pistols, spring guns, bows and arrows, paint guns or any other form of weapon potentially inimical or harmful to wildlife or dangerous to human safety on or in any park area or property except at and in accordance with the rules and regulations of the Trial Glades Ranges, and the Camp Owaissa Bauer archery range. Exception is made for sworn security personnel and Metrozoo Employees for the purpose of animal control and human safety.

(Ord. No. 59-14, Rules, Art. 4, § 5, 6-16-59)

Note— Florida Statutes § 790.33, as amended, preempts and declares null and void all local ordinances, administrative regulations and rules in the field of firearms and ammunition, with limited exceptions set forth in § 790.33, as amended.

(b)

All persons using Miami-Dade County Park and Recreation Department range facilities shall be under permit to abide by resolutions governing range activities, copies of which will be furnished with each permit, and shall be required to complete a Range Safety Course prior to utilizing such range.

(Ord. No. 59-14, Rules, Part 3, Art. 2, § 6, 6-16-59)

Rule 19. Toy firearms, fireworks and explosives .

(a)

No person may bring into, or have in his possession, or set off or otherwise cause to explode, discharge or burn in any park area or on any public lands or highways adjacent thereto, any firecrackers, torpedoes, rockets, toy firearms or cannon, sparklers or other fireworks or explosives of inflammable materials or any substance or compound that, may explode, discharge or burn, unless he first obtains a written permit from the Department Director.

Note— Florida Statutes § 790.33, as amended, preempts and declares null and void all local ordinances, administrative regulations and rules in the field of firearms and ammunition, with limited exceptions set forth in § 790.33, as amended.

(b)

Parents or guardians will be held strictly responsible and accountable for the actions of minors in regards to the prohibitions in the foregoing paragraph.

(Ord. No. 59-14, Rules, Art. 4, § 9, 6-16-59)

Rule 20. Picnic areas and use

(a)

No person will picnic, lunch or cook in any area not specifically designated by and regulated by the Park Managers for such usage. Rule 24 of this code establishes rule for the Picnic Shelter Permit Reservations.

(b)

The Park Managers will regulate activities in picnic areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. If the facilities are crowded, persons holding picnics in any park picnic area, building or structure, will avoid using same to the exclusion of others for an unreasonable time, the determination of what is unreasonable being at the discretion of the Park Manager. Use of the individual grills, together with tables and benches, generally follows the rule of "first come, first served", with use of picnic tables limited to two tables per party, unless specifically authorized by the Park Manager.

(Ord. No. 59-14, Rules, Art. 4, 6, 6-16-59)

Rule 21. Horseback riding No person shall engage in horseback riding in any park or Park Department area other than those where provisions for such is provided by clearly marked bridle paths, trails, and other necessary features and then only upon thoroughly broken and properly restrained animals that are ridden with care, prevented from grazing, straying unattended, untethered to any rock, tree or shrub and not ridden or led on park land other than that so designated.

(Ord. No. 59-14, Rules, Art. 4, § 8, 6-16-59)

RECREATIONAL ACTIVITIES BY PERMIT ONLY

Rule 22. Boating

(a)

No person shall bring into or operate any boat, yacht, cruiser, canoe, raft or other water craft (except non-motorized toys too small for human occupancy) in any park property watercourses, bays, lagoons, lakes, canals, rivers, ponds, or sloughs other than those designated for such use or purpose by the Park and Recreation Department and then only in strict conformance with Metropolitan Safe Boating Ordinance No. 59-46, [Ch. 7 of this Code].

(b)

No person shall moor, anchor or tie up to the bank or any wharf, dock, tree, building, rock or any object or structure on the bank in waters within or contiguous to any park within two hundred (200) feet of the shore line unless the owner, or his representative, of the boat, houseboat, barge, vessel, ship or watercraft of any kind whatsoever, has obtained written permission from the Park and Recreation department, except that if the boat or ship is the property of the government of the United States, or is in distress, or ties up at a dock, wharf or pier designated for such purpose and then only long enough to enable the occupants to obtain repairs, towing service, food, fuel, water, bait, tackle or marine supplies.

(Ord. No. 59-14, Rules, Art. 4, § 3, 6-16-59)

(c)

Public docks or shore line or bank facilities are provided in parks and recreation areas for dockage and other marine uses and purposes, but shall be used only after arrangements have been made with the park dockmaster who shall assign space and collect reasonable rental charges in accordance with established regulations and rates. Dockmasters shall lend emergency assistance if such should be required.

(d)

No motorboats shall be operated on park waters unless equipped to divert their exhaust under water or to otherwise muffle the sound thereof.

(Ord. No. 59-14, Rules, Part 2, Art. 3, § 3, 6-16-59)

(e)

Regulations and rules covering conduct in reference to occupancy and use of docking and mooring facilities are set forth on each permit and violation of the same will be punishable by revocation of the permit in addition to any other punishment that may be imposed in accordance with law.

(Ord. No. 59-14, Rules, Part 3, Art. 2, § 1, 6-16-59)

Rule 23. Permit to operate boats for rent or hire

(a)

Permission to rent, hire or operate for charge any kind of boat, water craft, whether powered or not, on any park waters or from any park dock, mooring or marina area, shall be reserved for the Park Department or regularly licensed operators. Any boat operating for any commercial activity or for hire, or carrying passengers for money, or contemplating same, before docking or mooring or receiving such passengers at any dock or wharf or landing place or anchorage in the park jurisdiction shall obtain a special permit from the Department.

(b)

It shall be necessary for any person operating passenger launches or excursion boats from park waters for rent or hire or carrying passengers for money who desires to maintain a scheduled boat line to land, anchor or tie up in any park area, either seasonal or annual, to make formal written application to the Park Department and upon receiving permission to operate such boat lines or liveries such permittee shall be subject to all the rules and regulations governing the operation of boats in park waters, including the inspection requirements of the Department.

(Ord. No. 59-14, Rules, Part 3, Art. 2, § 2, 6-16-59)

Rule 24. Picnic shelter permit

(a)

Normally the larger picnic shelters and their facilities will be used only on reservation which must be obtained in advance and must be for a specific time and duration. However, picnic shelters may be used by the public without charge during unreserved periods. Reservations for picnic shelters shall be subject to the provisions of the permit and use of picnic areas must comply with park rules concerning same.

(b)

Unless permitted by the Department Director, financial arrangement in connection with picnics held in a park, either on a reserved basis or otherwise, must be made outside the limits of the park, and the sale of tickets, acceptance of money, soliciting or accepting donations or offerings, in order to defray the expense of a picnic or to realize a profit therefrom is prohibited and subjects a permit holder to immediate cancellation of said permit.

(Ord. No. 59-14, Rules, Part 3, Art. 2, § 3, 6-16-59)

Rule 25. Camping There shall be no camping or overnight stay in parks unless authorized by the Park Manager. Camping in permanent cabins constructed by the Park Department or in privately owned tents erected under Park Department permit and used by groups of persons under adequate supervision are the only types of overnight camping that shall be allowed in the parks. Hence, the bringing into a park and using for overnight occupancy any house trailer, camp trailer, camp wagon, or any other form of moveable structure or special vehicle, except in areas designated for that purpose by the Park Department, is prohibited.

(Ord. No. 59-14, Rules, Part 3, Art. 2, § 4, 6-16-59; Ord. No. 66-61, § 1, 11-15-66)

SANITATION

Rule 26. Pollution of waters Using the fountains, drinking fountains, ponds, lakes, streams, bays, or any other bodies of water within the parks, or the tributaries, storm sewers or drains flowing into them as dumping places for any substance or matter or thing which will or may result in the pollution of said waters is strictly prohibited.

(Ord. No. 59-14, Rules, Art. 5, § 1, 6-16-59)

Rule 27. Refuse, trash, and destruction of park property

(a)

No person shall deposit or drop or place any refuse including bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, tobacco products or containers of foil upon the ground or on any other park property except in receptacles provided for trash disposal. At no timeshall any petroleum products be disposed of on park property except into those containers provided at marina facilities for that purpose.

(b)

No person shall bring to or use any water or beverage container made of glass on any beach available to the public in the unincorporated area of the County.

(c)

No person shall deposit into any recycle bin or container any material other than that for which it is intended.

(Ord. No. 59-14, Rules, Art. 5, § 2, 6-16-59; Ord. No. 86-64, § 1, 9-16-86; Ord. No. 95-82, § 1, 5-2-95)

UNDESIRABLE ACTS AND BEHAVIOR

Rule 28. Noise No person entering or upon park and recreation areas shall make excessive unnecessary noise and all provisions of Chapter 21-28 and 21-28.1 of the Miami-Dade County Code shall apply to and be enforced in all park areas.

Rule 29. Merchandising, vending, peddling, etc. No person, organization or firm other than licensed concessionaires permitted by and acting under the authority of the Park Department will expose or offer for sale, rent or trade, any article or thing, or station or place any stand, cart, or vehicle for the transportation, sale or display of any article or merchandise within the limits of any park or recreation area.

(Ord. No. 59-14, Rule, Part 2, Art. 3, § 4, 6-16-59; Ord. No. 85-56, § 3, 7-16-85)

Rule 30. Advertising and publicity and signs No person shall advertise or obtain publicity through any means whatsoever within or upon any park property, except as permitted by Article 6 of the Miami-Dade County Home Rule Charter. To insure compliance, specific approval in advance and in writing from the Department Director is required and such approval shall be so worded as to prohibit damage to or marring of park property or vegetation, disturbance of park patrons or the display of anything unsightly or in disharmony with park beauty.

(Ord. No. 59-14, Rules, Part 2, Art 3, § 5, 6-16-59)

Rule 31. Public demonstration, gatherings, performances, speeches, etc. The County Manager in conjunction with the Park and Recreation Department Director has the responsibility and authority to establish guidelines for the permitting for demonstrations, gatherings, performances or other mass assemblages at County parks. Such rules and regulations shall be codified in Administrative Order 8-3, as amended, and be readily accessible to the public.

Rule 32. Under the influence of drugs and/or alcohol intoxication No person who is intoxicated or under the influence of drugs will be permitted entry to parks or recreation areas and if discovered therein will be ejected forthwith.

Rule 33. Intoxicating liquors, beer, wine, etc. Drinking of alcoholic liquors or beverages and the bringing of such into the park areas shall be permitted only under the circumstances set forth in the following paragraphs:

(a)

At certain special specifically designated facilities where meals or lunches are served under concession privileges, the sale of alcoholic liquors or alcoholic beverages by such concessionaire or his employees will be permitted under strict regulation, being restricted to certain hours of the day and under the special authorization and control of the Department. Such sales shall be made only in individual cups (not in original packages or otherwise in bulk) and shall be served for consumption on the immediate premises of the concession and such sales of beer and wine are to be permitted only in open containers for consumption on the immediate premises of the concession except that the sale of unopened containers through concessions furnishing boats will be permitted.

(b)

At picnic parties during hours of noon to sundown; and can only be consumed at picnic shelter areas or areas specifically designated by the Department Director. Special events as designated by the Department Director shall be exempt from the provisions of this paragraph.

(c)

Owners of boats or vessels regularly docked or moored at or in park marina areas, or occupants of cabanas, shall be permitted to transport alcoholic liquors or beverages across park properties for use on board said boats, vessels, or in cabanas only.

(d)

Unless authorized in writing by the Director of the Park and Recreation Department. the consumption of alcoholic beverages is specifically prohibited by those directing, participating in, or spectators of any athletic events. However, under no circumstance shall the Director of the Park and Recreation Department authorize the consumption of alcoholic beverages at youth activities and programs organized by the County or self-organized and authorized under permit by the Department.

(Ord. No. 59-14, Rules, Part 2, Art 4, § 1, 6-16-59; Ord. No. 97-36, § 1, 5-6-97; Ord. No. 08-72, § 1, 6-3-08; Ord. No. 09-34, § 1, 5-5-09)

Rule 34. Proper use of facilities

(a)

No person over the age of ten (10) shall occupy such seats or benches or enter into such pavilions or other park structures or sections thereof that are reserved or designed by the Park Department for the exclusive use of the opposite sex unless providing personal assistance to a person with a disability, when no unisex facility exists. Children ten (10) years of age and under entering such opposite sex facilities must be accompanied by a parent or guardian.

(b)

No person will loiter in or around any restroom, dressing room or bathhouse, picnic shelter, wooded or natural area.

(Ord. No. 59-14, Rules, Part 2, Art. 3, § 8, 6-16-59)

Rule 35. Gambling No person or organization shall conduct raffles, bingo games, or card games for money or drawings for prizes or participate in any other forms of gambling within park limits.

(Ord. No. 59-14, Rules, Part 2, Art. 3, § 2, 6-16-59)

Rule 36. Prohibition regarding sale or use of Polystyrene food-service articles in Parks and Park Property

(a)

Definitions. For purposes of this Rule 36, the following definitions shall apply:

(1)

Parks Contractor means a contractor, vendor, lessee, licensee, programming partner, or permittee of the County that uses, works on, provides services at, or undertakes construction of Park Property; a special events permittee for an event in a Park; or an operator or manager of Park Property or a facility within a Park.

(2)

Polystyrene means thermoplastic petrochemical material utilizing a styrene monomer, including but not limited to polystyrene foam or expanded polystyrene, processed by any number of techniques, including but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, or extrusion-blow molding (extruded foam polystyrene), and clear or solid polystyrene (oriented polystyrene).

(3)

Polystyrene article means plates, bowls, cups, utensils, cutlery, tableware, containers, lids, trays, coolers, ice chests, bags, boxes, wrappings, bottles, and all similar articles that consist of polystyrene.

(b)

Beginning on July 1, 2017, no person shall carry any Polystyrene article onto any Park Property.

(c)

Parks Contractors shall not sell, use, provide food in, or offer the use of Polystyrene articles on Park Property and in all facilities located within Parks. A violation of this rule shall be deemed a default under the terms of the applicable contract between the County and the Parks Contractor. This rule shall not apply to Polystyrene articles that are used for prepackaged food that have been filled and sealed prior to receipt by the Parks Contractor.

(d)

Any contract between the County and a Parks Contractor entered into prior to June 1, 2016 shall not be subject to the requirements of this Rule 36, unless the Parks Contractor voluntarily agrees thereto, except that renewals or extensions of any such contract which are to be exercised by the County, or jointly by the County and the Parks Contractor, shall only be renewed or extended if the Parks Contractor agrees in writing to comply with the provisions of this Rule 36 during any renewal or extension term.

(e)

Violators of Rule 36(b) shall pay a fine not to exceed fifty dollars ($50.00). Parents or guardians will be held strictly accountable for the actions of minors in regards to the prohibitions in this Rule.

(Ord. No. 16-58, § 1, 6-7-16)

Editor's note

Ord. No. 16-58, § 1, adopted June 7, 2016, moved the provisions of the former Rule 36 to § 26-2, and enacted a new Rule 36 as set out herein. The historical notation has been retained with the amended provisions for references purposes.