For the purposes of this chapter, the terms used herein are defined as follows:

Alcoholic beverages: All beverages containing more than one (1) percent of alcohol by weight as defined by Chapter 561, Florida Statutes.

Business: A person or entity providing a commercial product or service to paying customers utilizing a city park or appurtenant facilities such as parking lots, boat ramps, or docks, including, but not limited to, businesses providing paddlecraft rental or launch, food trucks, or retail vendors.

City council: The city council of the City of Crystal River in Citrus County.

Closing hours: That period during which a park or recreational facility is closed to the general public for any purpose.

Commercial paddlecraft business: A business registered to conduct business in the state with an active business tax receipt issued prior to June 8, 2020 pursuant to section 11-2 of the City Code, which rents paddlecrafts to individuals or groups for launching or short-term use.

Director: The director of the City of Crystal River's public works department.

Juvenile: Any person under the age of eighteen (18) years.

Legal guardian: Any person who, pursuant to court order, is designated as having lawful custody of a juvenile or as guardian of the person of a juvenile.

Paddlecraft: A vessel designed for non-motorized human propulsion by manual paddling that does not exceed sixteen (16) feet in length. Paddlecrafts include kayaks, canoes, and paddle boards, but do not include tubes and paddle bikes.

Park: A park, reservation, playground, beach, recreation center or other area owned, leased or used by the city and devoted to recreational purposes.

Permit: Any written authorization issued by or under the authority of the director for a park or building privilege or to permit the performance of a specified act or acts in any park.

Person: Any person, firm, partnership, association, corporation, company or organization of any kind.

Recreational facility: A facility used for recreational purposes on property owned, leased or used by the city.

Rubbish: Ashes, refuse, offal, vegetables, garbage, dross, cinders, shells, straw, shavings, paper, scraps, dirt or like matter.

(Ord. No. 90-O-13, § 1, 8-27-90; Ord. No. 97-O-02, § 1, 1-13-97; Ord. No. 03-O-19; § 1, 9-8-2003; Ord. No. 20-O-08, § 1, 10-26-2020)

The regulations set out in the following section 12.2-3 shall be applicable and shall control the conduct of all persons within the boundaries of any city park or recreational facility which is clearly identified at the vehicular or pedestrian entrances thereto as a city park or recreational facility, whether or not said park is dedicated to public use or is owned by the city or any city-created entity. The park or recreational facility identification at entrances shall be a sign of at least four (4) square feet, including the name of the park or facility, a notation that it is a city park or recreational facility, and a statement that conduct therein is regulated by chapter 12.2 of the Code of Ordinances. The city council may also, by resolution, designate other city-owned buildings, grounds and open areas to be subject to these regulations upon the posting of entrance signs similar to those posted hereunder for parks and recreational facilities.

(Ord. No. 03-O-19, § 1, 9-8-2003)

Editor's note— Ord. No. 03-O-19, § 1, adopted Sept. 8, 2003, repealed § 12.2-2, which pertained to alcoholic beverages prohibited, and derived from Ord. No. 90-O-13, § 1, adopted Aug. 27, 1990. Ord. No. 03-O-19 also reenacts § 12.2-2 to read as herein set out.

Within all areas specified in section 12.2-2 above, the following regulations shall apply:

(1)

Vandalism. No person may willfully injure or damage by any means the real or personal property of another person or of a public agency, including the placing of graffiti or any toxic or odious substance or bodily waste thereon. Personal property of the city subject to this prohibition shall include the landscaping plants, trees, fixtures, improvements and equipment located on public land.

(2)

Alcoholic beverages. No person shall possess or consume alcoholic beverages, except as specifically allowed as part of a special event approved by the city.

(3)

Loud sound-making devices. Except as part of a special event approved by the city or other event for which a permit has been issued, which specifically allows such conduct, no person may operate any radio, tape player, CD player, or other electronically amplified sound-making device or instrument so that the same is plainly audible at a distance of fifty (50) feet or more from the device or instrument.

(4)

Operation of motor vehicles. Except for parking on unpaved surfaces which has been specifically allowed as part of a special event approved by the city or other event for which a permit has been issued, no motor vehicle may be driven off of a designated roadway or parking area, or at a speed in excess of fifteen (15) miles per hour, or in a reckless manner (as defined in Section 316.192, Florida Statutes), or in a careless manner (as defined in Section 316.1925, Florida Statutes).

(5)

Possession of tobacco by juvenile. No juvenile may be in possession of any cigarette or other tobacco product.

(6)

Possession and discharge of weapons. It shall be unlawful for any person to possess or discharge any slingshot or any other type of weapon from which a projectile is propelled by the action of compressed air, the expansion of gas or a spring, or other mechanical means, except by a law enforcement officer engaged in the discharge of his or her duties. This section is not intended to regulate the discharge of firearms, which is regulated by Section 790.33, Florida Statutes.

(7)

Skateboards, rollerblades, and bicycles on surfaces not designed for them. No person may ride or operate any skateboard, rollerblade or bicycle, or any similar wheel-driven vehicle, device, toy or equipment, upon any table, bench, stair, stair rail, or other fixture or improvement, except on paved walkways, roadways, and parking areas, and except on specific fixtures designed for such use in an area designated and signed for such activity.

(8)

Breaches of the peace; other unlawful conduct. No person may engage in fighting or brawling; commit any lewd or lascivious act, including sexual intercourse; threaten or assault or batter any other person; or unreasonably interfere with the peaceful use and enjoyment of the facility by any other person.

(9)

Pets and other animals. No person shall allow to be present or shall be in possession of any dog or any other animal, except for:

a.

Birds and fish;

b.

Dogs or other animals remaining enclosed inside a motor vehicle, cage, or carrying case;

c.

Animals specifically allowed as part of a special event approved by the city or other event for which a permit has been issued;

d.

Animals under the control of a law enforcement officer; and

e.

An assistance-trained animal accompanying and under the control of a physically disabled person in accordance with state law.

(10)

Closed areas. No person may enter into any fenced and locked area or any closed and locked structure.

(11)

Rubbish. No person shall throw, place, cast, deposit, dump or cause to be thrown any rubbish in any area except to place the same in garbage cans or receptacles provided for such rubbish. Only rubbish resulting from a person's use of a park or recreational facility or other public area to which these regulations are applicable shall be placed in garbage cans or other receptacles located therein.

(12)

Public safety. No person shall play or participate in any game, sport or other activity which endangers the life, limb or property of other people present and not participating.

(13)

Possession of explosive or incendiary devices. No person shall be in possession of, or use, any fireworks, as defined in Section 791.01(4), Florida Statutes, rocket, or any other explosive or incendiary devices unless as part of an authorized special event and with a permit from the city.

(14)

Conduct of business.

a.

Operating a business or providing services for hire is prohibited, except as provided for in this section.

b.

Authority. The city council may enter into franchise agreements granting the right, privilege, and franchise to use Kings Bay Park to operate a commercial paddle-craft business.

c.

Award of franchise. All franchises granted hereunder shall be awarded subject to the ratification of city council. Franchisees shall submit an application in a form provided by the city manager for consideration and approval by city council. Approval of a franchisee's application and the granting of a license to operate such business is subject to the requirements below.

d.

Franchise fees. The city may require the following franchise fees to be paid by a franchisee or its customer(s):

1.

A kayak corral lease fee paid by a commercial paddle-craft business utilizing "kayak corral" for orderly storage of paddle-crafts;

2.

A paddle-craft launch fee to be paid by a commercial paddle-craft business or its customers launching paddle-crafts at a city ramp or launch in Kings Bay Park; or

3.

Dock rental or license fees to be paid by a commercial paddle-craft business.

e.

Manner and conduct of business. Any franchisee shall conduct business in such a way, and at such times and in such locations, as to not interfere with the normal use and enjoyment of Kings Bay Park by the public; will not adversely affect the quiet and peaceful use and enjoyment of properties near the park; will not adversely affect the public health, welfare, or safety; and will not interfere with the permitting of special events in the park. Specifically, franchisees are only authorized to conduct business during the park's posted operating hours, pursuant to section 12.2-5 of the City Code.

f.

Minimum appearance and dress requirements. Persons engaging in commercial paddle-craft business shall be required to wear at a minimum an opaque short sleeve T-shirt and opaque short pants covering the pelvic area, around the waist, and the upper part of the legs. The T-shirt shall prominently display the business name of the franchisee.

g.

Termination or suspension of franchise. City council may terminate any franchise awarded under this section upon a finding that the franchisee has violated the provisions of this section, or has defaulted under, or otherwise violated, the franchise agreement.

(15)

No person shall sleep on seats or benches or camp, at any time, in any park, recreational area, or public right-of-way except in such areas as are designated for such purposes or if a permit is issued by the city.

(16)

No bicycles shall be stored between sunset and sunrise in any park, recreational area, or public right-of-way. Any bicycle in violation of this section is subject to removal by the city.

(17)

Hunter Springs Park regulations.

a.

No person shall install, erect or maintain any canopy, tent or shade structure at Hunter Springs Park unless specifically permitted by a special use permit approved by the city ("permitted shade coverings"). Beach umbrellas four (4) feet or less in diameter are permitted. Notwithstanding the foregoing, beach umbrellas or permitted shade coverings shall not interfere with officials' ability to see the water or view of the park, and any shade covering, or group of shade coverings shall be relocated or removed at the request of any law enforcement officer, park ranger or authorized personnel. Infant shade structures forty (40) inches or less in length, width and height are permitted under this section.

b.

No fishing is permitted from anywhere within the park or shoreline.

c.

No person shall jump, dive, or climb from/on the boardwalk.

d.

Smoking is not permitted in the park except in areas designated by city management as depicted in "exhibit A".

e.

No person shall engage in activities involving molestation, feeding or removal of wildlife.

f.

Cooking is only permitted on grills provided by the city, which may only be used for cooking with charcoal. No additional grills are permitted in the park unless specifically permitted by a special use permit approved by the city.

g.

No open fires or frying of any kind are permitted.

h.

No toys or sports equipment which discharge projectiles (bows/arrows, paint/pellet guns, slingshots, etc.) are permitted.

i.

No person shall engage in any activities or conduct or participate in any sports or games that constitute a hazard to any person, including sand throwing, or the use of a hard ball, softball, football, frisbee, boomerang or other athletic apparatus or game equipment or object.

j.

Park visitors shall be responsible for any damage or violations of this article or park rules that they or minor children under their care or supervision may cause.

k.

Children twelve (12) years of age and younger shall not be left unattended in the park.

l.

It is unlawful to conduct any commercial activity or provide any service or activity for which a fee is charged, without prior approval or written authorization from the city.

m.

Oversized vehicles such as trucks, trailers, motor homes, or any vehicle that occupies more than one (1) standard parking space, or extends beyond the one (1) parking space, are not permitted at Hunter Springs Park. Driving a vehicle over a painted marker line is prohibited. No vehicle shall be left inside the park after closing. Any vehicle left in the park's parking lot after park closing will be subject to towing at vehicle owner's expense.

n.

The city may restrict entry to the facility and ask individuals to leave the park if these guidelines are not followed or unsafe behavior is observed.

o.

Hunter Springs Park, including the designated swim area will be open at 8:00 a.m. to 8:00 p.m. from April 1 (or the first day of Daylight Savings Time, whichever comes first) through Labor Day, 8:00 a.m. to 7:00 p.m. the day after Labor Day through October 31, and 8:00 a.m. to 5:30 p.m. November 1 (or the last day of Daylight Savings Time, whichever is later) through March 31.

p.

Any person or persons found in Hunter Springs Park when facility is closed (including during events or emergency closures) shall be considered a trespasser or trespassers as set forth in Florida Statutes and in section 12.2-4 of the City of Crystal River, Florida Code of Ordinances, and subject to penalties under section 12.2-7 of the City Code.

(Ord. No. 03-O-19, § 1, 9-8-2003; Ord. No. 14-O-05, § 3, 6-9-2014; Ord. No. 20-O-08, § 2, 10-26-2020; Ord. No. 21-O-19, § 1, 12-13-2021; Ord. No. 22-O-18, § 1, 7-11-2022; Ord. No. 22-O-26, § 1, 10-10-2022)

Editor's note— Ord. No. 03-O-19, § 1, adopted Sept. 8, 2003, repealed § 12.2-3, which pertained to animals prohibited in parks and recreational facilities, and derived from Ord. No. 90-O-13, § 1, adopted Aug. 27, 1990. Ord. No. 03-O-19 also reenacts § 12.2-3 to read as herein set out.

(a) As an alternative to prosecution as a misdemeanor pursuant to section 12.2-7, a violation of this chapter also constitutes a non-criminal infraction for which a citation may be issued under sections 2-130 through 2-139 of this Code of Ordinances. The civil penalties for violations of this chapter shall be as follows:

(1)

For the first offense .....$ 25.00

(2)

For the second offense .....50.00

(3)

For each subsequent offense .....100.00

(b)

No trespassing notices.

(1)

If any civil penalty (and attorney's fees and administrative costs set by the court, if applicable) is not paid within fifteen (15) days after the date a citation for violation of this chapter is issued, or within fifteen (15) days after the court assesses a civil penalty if the citation is contested, the violator shall be given a no trespassing warning and shall not thereafter be allowed in any city park or recreational facility until such civil penalty (and any attorney's fees and administrative costs set by the court, if applicable) is paid.

(2)

No trespassing warnings given under this section shall be personally delivered, in writing, to the violator by an officer of the Crystal River Police Department. Said warning shall automatically be revoked upon payment of the civil penalty (and any attorney's fees and administrative costs set by the court, if applicable).

(3)

While any no trespassing warning given under this section is in effect, the person to whom the warning was given may not be present in any city park or recreational facility to which this chapter is applicable. The presence of the violator in any such park or recreational facility shall be a trespass, and the violator may be arrested for and charged with trespass after warning.

(Ord. No. 03-O-19, § 1, 9-8-2003)

Editor's note— Ord. No. 03-O-19, § 1, adopted Sept. 8, 2003, repealed § 12.2-4, which pertained to rubbish, and derived from Ord. No. 90-O-13, § 1, adopted Aug. 27, 1990. Ord. No. 03-O-19 also reenacts § 12.2-4 to read as herein set out.

(a)

No person shall enter or remain in any park or recreational facility when the park or recreational facility is not officially open. Unless otherwise posted by signs authorized by the city council, all parks and recreational facilities shall be officially open from 8:00 a.m. to sunset except for facilities with lighted courts, which shall be open until 10:00 p.m.

(b)

The director of the public works department, upon receipt of proper application, may issue a permit to any person who desires to use a park or recreational facility during closing hours.

(c)

In an emergency when the city manager determines that the public interest, public health, public safety or public welfare requires such determination, any park or recreation facility or any part thereof may be closed, and all persons may be excluded from such area for the period of the emergency.

(Ord. No. 90-0-13, § 1, 8-27-90; Ord. No. 91-0-16, § 1, 10-14-91; Ord. No. 92-0-8, § 1, 8-10-92; Ord. No. 97-0-02, § 2, 1-13-97; Ord. No. 04-0-01, § 1, 1-12-2004; Ord. No. 08-0-06, § 1, 2-25-2008)

The parents and legal guardians of juveniles are hereby charged with the duty of reasonably supervising the activities of such juveniles so that the juveniles do not violate the provisions of sections 12.2-3 and 12.2-5, and failure to do so is a violation of this section. If a person charged with a violation of section 12.2-3 or section 12.2-5 is a juvenile, his or her parent or legal guardian shall be notified of the violation, in person or by certified mail, at the address of the parent or legal guardian. If the juvenile again violates this chapter, after notification to the parent or legal guardian, the parent or legal guardian shall be deemed to have violated this section and may be charged with a civil infraction, subject to the same civil penalties as set out in section 12.2-4.

(Ord. No. 03-0-19, § 1, 9-8-2003)

Editor's note— Ord. No. 03-0-19, § 1, adopted Sept. 8, 2003, repealed § 12.2-4, which pertained to rubbish, and derived from Ord. No. 90-0-13, § 1, adopted Aug. 27, 1990. Ord. No. 03-0-19 further reenacted § 12.2-4 to read as herein set out.

Any person found guilty of violating any of the provisions of this chapter shall be guilty of a misdemeanor of the second degree and be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment.

(Ord. No. 90-0-13, § 1, 8-27-90)

State sales tax must be charged for items sold or rented, as well as any charges for services performed in connection with these items.

(Ord. No. 97-0-02, § 3, 1-13-97)

Admission fees for special events may be waived when it is deemed to be in the best interest of the public, with the approval of the director. These requests, accompanied by a justification for the waiver, should be sent to the director of public works.

(Ord. No. 97-0-02, § 4, 1-13-97)

(a)

No person shall erect any structure, stage any performance or conduct any race, athletic contest, parade, hold any meetings, make any speeches or oration, in any park or upon any park street, except by permit.

(b)

The director of public works or authorized representative may, at their discretion, issue a permit for the activities described in subsection (a) above, upon application, when it is deemed consistent with the proper use and protection of the park described herein.

(Ord. No. 97-0-02, § 5, 1-13-97)

Editor's note— Ord. No. 05-0-03, § 1, adopted Feb. 28, 2005, deleted § 12.2-11 in its entirety. Former § 12.2-11 pertained to usage categories and derived from Ord. No. 97-0-02, § 6, adopted Jan. 13, 1997.

Building reservation fees shall be set by resolution of the city council and shall apply to city facilities designated by resolution of the city council.

(Ord. No. 97-0-02, § 7, 1-13-97; Ord. No. 05-0-03, § 1, 2-28-2005)

A permit issued pursuant to section 12.2-1 to do any act shall authorize the same only insofar as it may be performed in strict accordance with the written terms and conditions thereof. The violation of any term or condition of the permit or of any law, ordinance, rule or regulation by the permittee or his/her agents or employees, shall constitute grounds for revocation of the permit by the director or authorized representative, whose action therein shall be final. In case of revocation of any permit, all monies paid for or on account thereof shall, at the option of the director of public works, be forfeited to and retained by the city, and the permittee, together with his/her agents and employees who violated such terms and conditions, shall be jointly and singly liable to the City of Crystal River for any damages and loss suffered by it in excess of money so forfeited and retained, but neither such forfeiture and retention by the city of the whole or any part of such monies, nor the recovery of collection of such damages or both, shall in any manner relieve such person or persons from liability.

(Ord. No. 97-0-02, § 8, 1-13-97)

(a)

All persons using the City of Crystal River recreational facilities do so at their own risk.

(b)

The City of Crystal River shall have no responsibility for the loss of personal property.

(Ord. No. 97-0-02, § 9, 1-13-97)

The purpose of this article is to create a designated swimming area in the waters of this state adjacent to Hunter's Springs Park, to erect markers as permitted by the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, Boating and Waterways Management, identifying Designated Swimming Areas, Vessel Exclusion Zones, Manually Propelled Vessels Only Zones, and Idle Speed - No Wake Zones, and to provide for the enforcement of violations of this article.

(Ord. No. 09-0-07, § 1, 7-13-2009)

The following terms may be utilized from time to time in the text or interpretation of this article:

Commission means the Fish and Wildlife Conservation Commission.

Division means the Division of Law Enforcement of the Fish and Wildlife Conservation Commission.

Idle speed—no wake and idle speed may be used interchangeably and mean that a vessel must proceed at a speed no greater than that which will maintain steerageway and headway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has under tow.

Manually propelled vessel means any vessel propelled by human power through the use of oars, paddles or poles.

Marker means any channel mark or other aid to navigation, information or regulatory mark, isolated danger mark, safe water mark, special mark, inland waters obstruction mark, or mooring buoy in, on, or over the waters of the state or the shores thereof, and includes, but is not limited to, a sign, beacon, buoy, or light.

Person means an individual, partnership, firm, corporation, association, or other entity.

Prohibited activity means such activity as will impede or disturb navigation or creates a safety hazard on waterways of this state.

Operate means to be in charge of or in command of or in actual physical control of a vessel upon the waters of this state, or to exercise control over or to have responsibility for a vessel's navigation or safety while the vessel is underway upon the waters of this state, or to control or steer a vessel being towed by another vessel upon the waters of the state.

Owner means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person, reserved or created by agreement and securing payment of performance of an obligation, but the term excludes a lessee under a lease not intended as security.

Scuba diving means swimming underwater with any apparatus, whether self-contained or connected to a distant source of air or other gas, whereby a person wholly or partially submerged in water is enabled to obtain or reuse air or any other gas or gases for breathing without returning to the surface of the water.

Vessel is synonymous with boat as referenced in s. 1(b), Art. VII of the State Constitution and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

Vessel exclusion zone means an area from which all vessels or certain classes of vessels are excluded. The following list includes the most common examples of vessel exclusion zones. Whenever the following messages are displayed on vessel exclusion zone markers, they have the meaning provided. Other messages on vessel exclusion zone markers are permissible, so long as the markers display language that accurately describes the vessels or classes of vessel that are excluded from the area. All vessel exclusion zones must be marked with the crossed-diamond symbol as specified in the definition of marker, above.

1.

"No vessels" or "swim area." All vessels of any type are prohibited from entering the marked area.

2.

"No motorized vessels" or "no motorboats" or "motorboats prohibited." All vessels equipped with any mechanical means of propulsion are prohibited from entering the marked area, even if the mechanical means of propulsion is not in use.

3.

"Manually propelled vessels only." All vessels other than those propelled by oars, paddles, or poles are prohibited from entering the marked area. Vessels equipped with sails or a mechanical means or propulsion may enter the marked area only if the sails or mechanical means of propulsion is not in use and, if possible to do so, the mechanical means of propulsion is tilted or raised out of the water.

Waters of this state means any navigable waters of the United States within the territorial limits of this state, and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state, and all the inland lakes, rivers, and canals under the jurisdiction of this state.

Additionally, for the purposes of this article, the definitions contained in § 327.02, Florida Statutes and § 68D-23.103 of the Florida Administrative Code are incorporated herein, in haec verba.

(Ord. No. 09-0-07, § 3, 7-13-2009)

(a)

A designated swimming area is hereby created in the waters of this state adjacent to Hunter's Springs Park. More specifically, the designated swimming area is identified and depicted in the aerial photograph/map attached hereto as Exhibit "A" and incorporated herein in haec verba.

(b)

The designated swimming area shall be marked with buoys as reflected in Exhibit "A", and as permitted by the commission and/or division.

(c)

No person shall swim or wade in the designated swimming areas at Hunter's Springs Park more than thirty (30) minutes after sunset.

(d)

The designated swimming area created by this article may be closed to the public, and swimming or wading therein may be prohibited at any time when, in the opinion of the city manager or the city's health department, such swimming or wading is dangerous or otherwise inadvisable.

(e)

No person shall possess, carry, or transport any glassware, bottles, or any other dangerous or sharp objects into the beach area of Hunter's Springs Park or the designated swimming area identified herein.

(f)

No persons or pets shall wash or be washed, with soap or other cleansers, in the designated swimming area identified herein.

(g)

No pets shall be allowed in or on the beach area of Hunter's Springs Park or the designated swimming area identified herein.

(h)

No person shall be permitted to operate any vessel within that portion of the designated swimming area designated as a vessel exclusion zone. Buoys and markers indentifying the area as a vessel exclusion zone as permitted by the commission and/or division shall be clearly posted.

(i)

No person may launch any manually propelled vessel, except in that portion of the designated swimming area marked as a manually propelled vessel only zone in Exhibit "A".

(j)

No person may operate any vessel in excess of idle speed or in any manner which would create a wake within five hundred (500) feet of the designated swimming area. Markers indicating idle speed—no wake zone shall be clearly marked as permitted by the commission and/or division.

(k)

No person may move, remove, or otherwise disturb any buoy or markers designating any portion of the designated swimming area or other warnings, except as authorized by city staff.

(Ord. No. 09-0-07, § 4, 7-13-2009)

Editor's note— Exhibit "A" to Ord. No. 09-0-07, adopted July 13, 2009, is adopted as if fully set out herein and is available for inspection in the office of the city clerk.

(a)

It shall be unlawful for any person to operate a vessel in any manner inconsistent with the provisions of this article, or to move any buoy or marker placed to mark a designated area or zone. Specifically, it shall be unlawful for any person:

(1)

To operate any vessel in an area marked as a vessel exclusion zone;

(2)

To operate any vessel in excess of idle speed or in any manner which would create a wake within five hundred (500) feet of the designated swimming area;

(3)

To launch any manually propelled vessel from Hunter's Springs Park, from any area other than that portion of the designated swimming area designated as a manually propelled vessel only zone;

(4)

To move, remove, or otherwise disturb any buoy or marker designating any portion of the designated swimming area or marking any zone, except by authorized city staff.

(b)

Any person found guilty of violating any provision of this article shall be deemed to be charged with a noncriminal infraction and shall be cited for such an infraction. The civil penalty for any such infraction is fifty dollars ($50.00), except as otherwise provided in this section.

(c)

Any person cited with violating any provision of this article shall have thirty (30) days to either pay the civil penalty described herein or make a written request for a formal hearing before the city's code enforcement hearing officer or other designee.

(d)

Any person who fails to pay the civil penalties specified in this section within the thirty-day period or fails to appear at any requested hearing, must pay an additional cost of up to twenty dollars ($20.00), which shall be used by the city to defray the costs of tracking unpaid infractions issued pursuant to this section. In addition, if any person requesting a hearing for violation of this article is not the prevailing party at any such hearing, the hearing officer, or his or her designee, may assess additional costs of up to fifty dollars ($50.00) to defray any costs associated with conducting or scheduling the aforementioned hearing.

(e)

The division has the inherent authority to enforce the provisions of this article by virtue of the powers bestowed upon it by the State of Florida.

(f)

In addition to the division, the Citrus County Sheriff's Office is specifically granted the power and authority to enforce any and all violations of the provisions of this article.

(Ord. No. 09-0-07, § 5, 7-13-2009)

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

Alcoholic beverage means distilled spirits and all beverages containing 0.5 percent or more alcohol by volume. The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though the remainder ingredients were distilled water.

Code inspector means an authorized employee of the city whose duty it is to ensure code compliance, including but not limited to inspectors of the city's code compliance department and law enforcement officers.

Law enforcement officer or officer means any person who is elected, appointed or employed full time by the county or the state or any political subdivision thereof who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state. This definition includes all part-time law enforcement officers, auxiliary law enforcement officers, officers of the Florida Fish and Wildlife Conservation Commission, and all certified supervisory and command personnel whose duties include, in whole and in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, reserve officers or auxiliary law enforcement officers, but does not include support personnel employed by the employing agency.

Open container means any receptacle or container immediately capable of being consumed from by a person, or which has been opened, or a seal broken, or the contents of which have been partially removed.

Open container zone means the waterways of the City of Crystal River, Florida, identified in Attachment "A" of the ordinance from which this section derived.

(Ord. No. 14-0-03, § 3(§ 1), 3-10-2104)

(a)

Violations.

(1)

It shall be unlawful for any person to consume or possess an open container of any alcoholic beverage on or in the waterways of the city designated as the City of Crystal River's open container zone, except in those areas as designated and approved for such use by the city manager or the City of Crystal River City Council.

(2)

This section shall not be applicable to the possession of any open container on any private property or dock which is adjacent to any waters located within the open container zone, and shall not be applicable to any properly moored house boat.

(b)

Penalties.

(1)

Any person determined to be guilty of a violation of subsection (a)(1) of this section shall be punished by imposition of a fine not to exceed fifty dollars ($50.00) for a first offense. Upon any subsequent violation of subsection (a)(1) of this section, such person shall be punished by imposition of a fine not to exceed three hundred dollars ($300.00).

(2)

Subsection (a)(1) of this section shall be prosecuted pursuant to the city's special master hearing process. Any code inspector or law enforcement officer who has observed a violation of subsection (a)(1) of this section shall be authorized to issue a notice of violation to any violator of this section.

(Ord. No. 14-0-03, § 3(§ 2), 3-10-2104)