Section

The purpose of this chapter is to promote the public health, safety and welfare by regulating activities that take place at city owned and/or operated parks as well as the use of the park facilities.

Unless otherwise expressly stated, whenever used in this chapter, the following terms shall respectively mean the following.

ALCOHOLIC BEVERAGE. For purposes of this chapter, as the term is defined in the Florida Statutes, as same may hereafter be revised.

CITY. The City of Cape Coral, a municipal corporation, Cape Coral, Lee County, Florida.

COMMERCIAL ACTIVITY. The sale, rental, trade, barter, or offer for sale, rental, trade, or barter to the general public of any article, item, service, or thing, tangible or intangible, including, but not limited to, food or beverages, boats or watercraft, sports equipment, or beach furniture; the charging of admission fees for any activity; or the charging of fees for any service, entertainment, or amusement.

(Ord. 30-19, § 1, 6-3-2019)

CONTROLLED SUBSTANCE. For purposes of this chapter, as the term is defined in the Florida Statutes, as same may hereafter be revised.

COUNCIL. The City Council of Cape Coral, a municipal corporation, Cape Coral, Lee County, Florida.

DIRECTOR. The Director of the city's Parks and Recreation Department.

GROUP. An assemblage of two or more persons.

LAW ENFORCEMENT OFFICERS. Police officers, park rangers, Code Enforcement Officers and other officers as may be appointed or designated by the city to enforce the rules and regulations adopted by the city, and/or pertinent state statutes.

MOTOR BOAT. Any type of watercraft which has for its primary source of power a combustion engine or electric motor whether inboard or outboard.

PARK. All developments, improvements, facilities and any or all land minerals, waters, overhead air rights, easements and other reservations owned, leased, controlled or used by the city and managed by the Parks and Recreation Department.

PARK RANGER. Any employee designated by the Director of Parks and Recreation to perform park patrol, maintenance, supervision or public assistance functions as stated in this chapter.

PERMIT AND RESERVATION. Includes any authorization issued by the Director or his or her designee pursuant to the authority of the city for a specified park privilege, activity or event in any park.

PERSON. An individual, a company, a partnership, a corporation or an association, or any combination thereof.

RULES AND REGULATIONS. Includes any regulation adopted by the city.

VEHICLE. Any device, conveyance or combination of conveyances, wheeled or without wheels (but excepting motor boats) propelled, towed or unpropelled that in, around or on which a person or thing is or may be carried and shall include without limitation bicycles, scooters, minibikes, automobiles, trucks and motorcycles.

The provisions of this chapter shall be construed as follows.

(a)

Any term in the singular shall include the plural.

(b)

Any term in the masculine shall include the feminine and neuter.

(c)

Any requirement or provisions of this chapter relating to any act shall respectively extend to and include the causing, procuring, aiding or abetting, directly or indirectly, of the act; or the permitting or the allowing of any unemancipated minor the doing of any willful or malicious act prohibited by the provisions hereof by the parent or legal guardian of the minor.

(d)

No provision hereof shall make unlawful any act necessarily performed by any officers, agents or employee of the city in line of duty or work in the proper and necessary execution of the terms of any agreement with the city.

(e)

This chapter is in addition to and supplemental to all city, state and federal laws and ordinances. The meaning of any term not otherwise defined in this chapter shall be construed and interpreted in any applicable city, state and federal law or ordinance.

(a)

Defacement, destruction, removal, disturbance or the bringing in of property, equipment, plants and animals.

(1)

Defacement, destruction, removal. No person shall injure, deface, destroy, disturb, befoul or remove any part of a park, building, sign, equipment, rock, mineral or other property found therein. Nor shall any person maliciously cut down, destroy or injure a vine, brush, shrub, sapling, tree, flower or other vegetation on park property.

(2)

Defacement of surface. No person shall intentionally accelerate a motor vehicle causing the rubber tires to spin so as to intentionally deface a city park or roadway surface located in a park.

(3)

Bringing in plants, trees or shrubs. Unless authorized by the Director, no person shall bring into or upon any park any tree, shrub, plant.

(b)

Littering, rubbish, garbage, sewage and noxious material, air pollution nuisance and damage.

(1)

Depositing unauthorized waste in park. Unless authorized by the Director or his or her designee, no person shall bring into, leave behind or dump any material in the park, except refuse ashes, garbage and other material arising from the normal use and enjoyment of a picnic, camp or other permitted activity provided the material is deposited in receptacles or pits provided for those purposes. In addition, no bottles, cans, refuse or material of any kind shall be left or deposited in or without or near the parks so as to pollute the land, waters or air coursing through or over the parks or otherwise interfere with proper use and enjoyment of the park.

(2)

Air pollution and damage. No person, shall cause, suffer or allow the burning of garbage, refuse or other combustibles within a park so as to cause smoke, haze, odor, dust, dirt or other matter or gaseous substance to come upon, pass through or over the park, causing an air pollution nuisance or damage to persons or property.

(c)

Molesting wildlife, hunting and fishing.

(1)

Molesting wildlife. No person within the confines of the park shall hunt, pursue with dogs, trap or molest any wild bird or animal; or rob or molest any animal den or bird nest or take the eggs of any bird found within the confines of the park except by specific written permit issued by the city.

(2)

Fishing. The city, in its sole discretion, may prohibit fishing in certain park waters or at certain park locations and, in that event, shall post the waters or locations as closed to fishing. In all other park waters fishing shall be permitted subject to the statutes of the State of Florida.

(d)

Fires.

(1)

Starting fires.

a.

No person shall start a fire in any city park except in park grills, privately owned grills or in designated places or designated areas approved by a park ranger for recreational purposes such as camp fires, barbecues and cook-outs.

b.

The Director may, in his or her discretion, prohibit fires at any location when necessary for the protection of park property. Any fire shall be continuously attended. All fires shall be put out by the person or persons starting or using the same before leaving the immediate vicinity of the fire.

(2)

Dumping of ashes. The dumping of hot ashes or fire from portable picnic grills onto the grass or plants is prohibited in all city parks. Hot ashes shall be deposited only in specified areas or designated receptacles.

(e)

Explosives, missiles and the like.

(1)

Carrying of explosives, missiles and the like. Other than in authorized permitted shooting areas, no person (except for authorized law enforcement officers) shall carry slingshots, explosives, fireworks or missile throwing or propelling devices within the park without specific written permit from the Director or his or her designee.

(2)

Discharging of explosives, missiles and the like. Other than in authorized permitted areas, no person shall discharge or cause to be discharged any missile throwing or propelling device, fireworks, explosives, corrosive or volatile materials within a city park without specific written permit from the city. This prohibition shall not, however, apply to enforcement officers of the city or other authorized law enforcement officers while in the line of duty.

(Ord. 58-11, 9-26-2011)

(f)

Camps and camping.

(1)

Camping in parks. No person shall camp within any city park without express prior authorization from the city, and only in camping areas as may from time to time be established by the City Manager or their designee, or the Director or their designee, for recreational purposes on property designated for such purposes, in accordance with F.S. § 125.0231.

(2)

Failure to comply with camping rules. All campers or visitors shall abide by the rules and regulations posted at the designated camping areas or as set forth in any permit issued by the Director or as set forth on the city's website. If any person fails to comply with the recreational camping rules and regulations, such person shall be deemed to no longer be engaged in recreational camping and will be subject to the regulations set forth in Chapter 12, Article XVIII, of the City of Cape Coral, Florida, Code of Ordinances.

(3)

Sleeping in parks. Persons found publicly camping or sleeping in a park without authorization pursuant to subsections (1) and (2) above will be subject to the regulations set forth in Chapter 12, Article XVIII, of the City of Cape Coral, Florida, Code of Ordinances.

(Ord. No. 2-25, § 3, 1-22-2025)

(g)

Disorderly conduct.

(1)

Disturbing the peace, loudness, fighting, riotous tumult. No person shall, either by word or act, indulge in any noise, boisterous, disorderly conduct or in any manner disturb the peace or good order of the community within the park. No person shall disturb or intrude upon a picnic or gathering in any park without the consent of those composing the group except authorized law enforcement officers and park employees in the proper pursuit of their duties. No person shall discharge or cause to be discharged air, electric or gas horns, within a city park without specific written permit from the city.

(2)

Unlawful assemblage. No group shall collect or assemble within the park to do an unlawful act or for the purpose of inflicting injury to persons or property within the park.

(3)

Sale of merchandise/solicitation and commercial activity. No person shall sell or offer for sale any article, thing, privilege, or service within the park without a permit, contract, or approval from the city. No person shall do any hawking, peddling, or solicitation; buy or offer to buy any article of merchandise; take up any collection; or solicit or receive contributions of money or articles of value in any city park, except when authorized by permit, approval, or under contract with the city. No person shall conduct any commercial activity or utilize any park in a manner that will result in commercial activity, whether land-based or from the water, without a permit, contract, or approval from the City.

(Ord. 30-19, § 2, 6-3-2019)

(4)

Assault, battery or bodily injury. No person shall, without lawful authority, engage in conduct which places another in reasonable apprehension of receiving a battery nor shall any person intentionally or knowingly without legal justification cause bodily harm to an individual or make physical contact of an insulting or provoking nature with an individual.

(5)

Drinking, under influence or possession of alcoholic liquor or controlled substance. No person shall drink, sell, possess or offer for sale any alcoholic beverage or controlled substance within any city park, except that which is permitted through city permit, policy or Director's permit.

(6)

Concealed or unlawful weapons and harmful substances. No person, except as authorized by the city or other government agency, shall have or carry any switchblade, hunting knife, dagger, metal knuckles, chain, slingshot, harmful solid, liquid aqueous, effervescent, gaseous substance concealed on or about his or her person while within the park.

(Ord. 58-11, 9-26-2011)

(7)

Gambling. Except for special events utilizing play money which may be specially permitted or authorized by the city or by the Director, no person shall engage in any game of chance or in the use of any gambling device and no person shall tell fortunes for pecuniary reward in any city park.

(8)

Profanity and abusive language. No person shall use obscene, profane or abusive language while within the park.

(9)

Loitering. No person or group of persons shall loiter in the parking area or parking lot of any city park.

(10)

Unlawful entry of toilets. No persons, except authorized city employees on duty, city police officers or law enforcement officers, shall enter a toilet room set aside for the opposite sex.

(11)

Persons acting unlawfully to be removed from park. No person shall remain within the park who does not abide by conditions adopted and posted by the city for the preservation of good order and the protection of property within the park, and no person shall remain within the park who does not abide by the instructions and directions of duly authorized city police officers, employees or agents of the city, in the lawful performance of their duties. Any person directed by a city police officer, employee or agent of the city to leave the parks, shall do so promptly and peaceably.

(12)

Unlawful to resist, obstruct or abuse enforcement officers. No person in any city park shall resist or obstruct, or be abusive of or address in a profane or obscene manner any city police officer, law enforcement officer, agent of the city or any employee engaged in work for the city.

(13)

Failure to comply with orders of city park ranger. No person shall fail or refuse to comply with any reasonable order relating to the regulation, direction or control of traffic, or with any other order lawfully given by a park ranger, law enforcement officer or agent of the city acting under the authority of the city. Additionally, no person shall willfully resist, obstruct, assault or abuse any ranger, law enforcement officer or any other official of the city in the execution of his or her office.

(14)

Throwing stones or missiles. No person shall throw or cast any stones or other missiles in the park so as to cause injury or property damage or so as to endanger the safety of any person or property.

(15)

Begging. No person shall beg or solicit alms in any manner in any park.

(h)

Traffic.

(1)

Speed limits. No person shall drive or propel or cause to be driven along or over any road within the park any vehicle or conveyance at a rate of speed greater than speed limit signs erected along the right-of-way nor, in the absence of signs, at a speed in excess of 15 mph nor, in any event, at a speed greater than is reasonable and proper with regard to traffic or weather conditions and the use of such roads, or so as to endanger the safety of any person or property.

(2)

Vehicles restricted to roadways and the like. No person shall ride or operate any vehicle on, over, along or upon any park except roadways, driveways and parking areas designated for the use of the vehicle.

(3)

Reckless/careless driving of vehicles. No person shall drive or propel or cause to be driven or propelled along or over any area within the park, any vehicle without due regard for the safety and rights of pedestrians and drivers and occupants of all other vehicles or so as to endanger the safety of any person or property.

(4)

Driving on park areas and closed roads or drives. No person shall drive a vehicle upon or along any park area, road or drive which has been closed and posted with appropriate signs or barricades. The Director shall have authority to order areas, roads or drives closed during the process of construction, reconstruction, repair or when other conditions render travel either unsafe or duly destructive to the area, road or drive.

(5)

Reduced speed limits. Whenever the Director shall determine that the speed of 15 mph is greater than is reasonable or safe under the conditions found to exist at any area, roads or drives within a city park, the Director shall determine and declare a reasonable and safe prima facie speed limit at the area(s), road(s) or drive(s), which declaration and determination shall be effective when appropriate signs giving notice thereof are erected at the park area(s), road(s) or drive(s).

(6)

City and state motor vehicle laws. All operators of vehicles shall follow and be subject to all motor vehicle laws of the city and the State of Florida.

(7)

One-way roadways. On a roadway designated for one-way traffic, a vehicle shall be driven only in the direction designated.

(Ord. 73-05, 5-23-2005)

(i)

Skateboarding. Skateboarding in restricted areas only. No person shall use or operate a skateboard in or upon any surface of any park except on asphalt or concrete walkways or trails or in areas which may hereafter be designated by the city as "skateboard areas".

(j)

Power models and toy engine permits. Power model toy permits required. Motorized model and toy airplanes, flying objects, boats, cars or other flying or non-flying vehicles and watercraft that are solely remotely controlled are permitted to be operated only within the confines of a park or area of a park that is designated by the city for the use, except as otherwise authorized by an express written permit from the Director or their designee.

(Ord. 18-24, § 1, 6-5-2024)

(k)

Swimming, bathing and wading.

(1)

Swimming areas. No person shall bathe, wade or swim in any park except in city swimming pools or in other areas as are designated for the activity.

(2)

Swimming rules and regulation. All swimmers at city pools or designated swimming areas shall abide by the rules and regulations posted at the pools or swimming areas.

(l)

Golfing.

(1)

Golfing rules and regulations. All golfers shall abide by the rules and regulations posted at city golf courses.

(2)

Golfing in public parks. No person shall swing or make use of any golf club nor play golf, nor hit or putt golf balls within or into any city park, except upon established golf courses and driving ranges or areas designated by the city.

(m)

Bows and arrows; use. The use of bows and arrows of any kind in the park is prohibited except in areas designated by the city as archery ranges. All archers shall abide by the rules and regulations posted at the designated archery ranges.

(n)

Animals in parks.

(1)

Dogs, cats and other animals. Dogs shall be on a leash and under the control of the dog owner or person in possession at all times while on city park property. Cats and other pets shall be under the control of the pet owner or the person in possession at all times while on city park property. No person shall permit his or her dog, cat or other pet or any dog, cat or other pet in his or her possession to interfere in any manner with the enjoyment or use of any city park area by others. With the exception of "service" animals (such as "guide" or "seeing-eye" dogs and the like), no dogs or other animals shall be permitted in parks with athletic fields and/or athletic courts or in playground areas or beach areas designated by the city, the Director or his or her designee, without the express prior written consent of the Director or his or her designee. In the event the dog(s) or other animal(s) are found in the foregoing areas in violation of this section and without the express prior written consent of the Director or his or her designee, the animal owner or person in possession of the animal shall be deemed responsible for the violation of this section.

(2)

Animal waste in parks. Owners or persons in possession of dogs or other animals shall be responsible for picking up all waste of their animals and either placing the waste in waste containers located in the park or removing same from park property.

(3)

Grazing. No person shall herd, graze, drive or permit to run at large within the park any cattle, horse(s), mule(s), donkey(s), goat(s), swine(s) or other animal(s), or any poultry or other fowl, without a prior written permit from the Director or his or her designee.

(4)

Leaving animals, fish or fowl. Unless authorized by the Director, no person shall bring into and leave in any park any animal, fish or fowl.

(o)

Park concerts. No person shall hold or provide any organized concert or public entertainment without a permit from the Director or his or her designee.

(p)

Posting or displaying signs, advertisements, notices and the like. No person shall place, erect or locate in any city park any sign advertising an event or activity that is being or to be conducted outside of the city park property, unless the prior written consent of the Director or his or her designee is first obtained.

(q)

Watercraft mooring and launching. No watercraft shall be moored to, or beached upon, any city property except in properly designated areas.

(r)

Picnics. A reservation may be obtained from the Director or designee for any picnic and in all events when a facility is asked to be set aside for a specified time by a group for picnic purposes. Persons or groups with reservations shall have priority use.

(s)

Hours of operation. Opening and closing hours. City parks and recreation facilities shall be deemed to be open and available for use only between sunrise and sunset unless otherwise posted, scheduled or approved by the Director.

(t)

Permits and reservations. Permits and reservations required. A permit or reservation shall first be obtained whenever required by this chapter or by any rule or regulation promulgated by the city. The city may require payment of a reasonable fee to cover the administrative costs associated with the reservation or permit. When such a permit fee or reservation fee is required, the fee shall be paid at the time that the permit or reservation is requested. The Director or his or her designee shall issue the permit or reservation upon application when the requested activity for which the permit or reservation is sought complies with all city rules and regulations and would not endanger the safety of persons or property.

(u)

Fees and charges.

(1)

Fee permits and rental facilities authorized. Fees and charges for the use of various facilities operated by the city on property of the city shall be established by the Parks and Recreation Department and/or City Council.

(2)

Use of fee facility without paying. No person, except those with valid season pass or having special permission of the city, shall use any pay facility of the department, including but not limited to, golf courses, swimming pools and the like, without first paying the proper fee for same as may be established by the Parks and Recreation Department and City Council.

(v)

Smoking; areas prohibited. Smoking is prohibited in all enclosed areas and facilities. Smoking is also prohibited in bleacher areas and dug outs in and around ballfield areas.

(w)

Glass on beaches. Glass containers and other glass items are not permitted on beaches.

(x)

Boat ramps. Public boat ramps are available and maintained by the Parks and Recreation Department. Rules and regulations regarding hours of operation, parking of vehicles and trailers, cleaning of fish and the like, as posted, shall be adhered to by users.

(y)

Tents for special events. Open air tents which have no sides and which have an area of 400 square feet or less may be erected in parks for special events provided that the prior approval of the Director has been obtained. All other tent installations for special events shall require not only the prior approval of the Director, but also all applicable permits required by federal, state or city laws or ordinances.

(Ord. 73-05, 5-23-2005; Ord. 58-11, 9-26-2011)