Chapter 28 - PARKS, RECREATION AND COMMUNITY SERVICES

Sec. 27.104. - Special Events. Chapter 29 - PUBLIC HEALTH UNIT Chapter 28 - PARKS, RECREATION AND COMMUNITY SERVICES[1]

Footnotes: --- (1) ---

Editor's note— Ord. 2013-209-E, § 10, renamed Ch. 28. Formerly, Ch. 28 was entitled "Parks and Recreation."

Charter reference— Departments, art. 7; civil service, Art. 17.

Cross reference— Library and recreation, Tit. XVIII.

PART 1. - GENERAL

Sec. 28.101. - Establishment; functions.

There is created an executive department to be known as the Parks, Recreation and Community Services Department. The Department shall be responsible for the delivery of recreation services, human and social services to the City through the divisional responsibilities including but not limited to the administration and operation of community-wide recreation and social programs and shall concentrate on the enhancement of existing services and the development of new services through:

(a)

Administering and operating recreation, community and senior centers, preserves, and park areas/facilities including but not limited to marinas and waterfront facilities and public swimming pools under the control of the Department.

(b)

Planning, promoting, organizing, administering all community (recreation & senior) centers, preserves, waterfront, and parks, the Consolidated Government's recreation facilities and all other recreation areas and programs of the Consolidated Government.

(c)

Identifying and coordinating improvements and development of community (senior & recreation) centers, preserves, waterfront, and park areas/facilities under the control of the Department.

(d)

Developing and/or adopting rules and fees for the management, operation, use and control of all community (recreation & senior) centers, the preserves, waterfront, and park areas/facilities of the City.

(e)

Delivery of human and social services to the City including but not limited to mental health and welfare services to seniors and victims.

The Department shall include the following Divisions: Recreation and Community Programming, Senior Services, Social Services, Disabled Services, and Natural and Marine Resource. Other functions and activities include the County Extension Office (including the Canning Kitchen). A liaison relationship is established with the "Special Events" function and activities within the Office of Sports and Entertainment.

(Ord. 2007-839-E, § 7; Ord. 2011-732-E, § 16; Ord. 2012-364-E, § 10; Ord. 2013-209-E, § 10; Ord. 2016-140-E, § 16)

Sec. 28.102. - Director.

The Director of Parks, Recreation and Community Services is the head of the Department. The Director shall be appointed by the Mayor, subject to confirmation by the Council, and shall serve at the pleasure of the Mayor. The Director shall have a bachelor's degree or higher from an accredited college or university in recreation management, sociology, psychology, public/business administration, management or similar field and at least five years of progressively responsible experience in a management or executive position. Certification within field of expertise is preferred.

(Ord. 2007-839-E, § 7; Ord. 2011-732-E, § 16; Ord. 2013-209-E, § 10)

Sec. 28.103. - Powers; functions and duties of Director.

The Director of Parks, Recreation and Community Services shall have the following powers, functions and duties, and shall have a liaison relationship with the Sports and Entertainment Officer in the Office of Sports and Entertainment to effectuate such powers as needed:

(a)

The Director, or designee, shall be responsible for the operation and maintenance of the parks and preserves, community (senior & recreation) centers, and waterfront facilities (including Metropolitan Park, the area formerly known as "Kids Kampus," the marina at Metropolitan Park, Equestrian Center, Cecil Community Center and Taye' Brown Regional Park), but excluding the Convention Center, Veterans Memorial Arena, Baseball Grounds of Jacksonville, EverBank Field, Times Union Performing Arts Center), senior centers, and any other facility or venue specifically assigned to the Economic Development Board. The Director, or designee, may execute agreements with sponsors, promoters, exhibitors, performers and other persons for the use of the facility, including agreements with renters of the facility to staff and maintain restroom facilities at the facility through contractual services, volunteers or through a nominal gratuity system approved by the Director.

(b)

The Director, or designee, shall require promoters or sponsors of privately sponsored events at docking facilities owned or operated by the City (collectively, the "Marina") which, in the Director's judgment, may attract a significant amount of boating traffic to the Marina, to provide, at the promoter's or sponsor's expense, a competent dockmaster at the Marina during the event. The promoter or sponsor may elect to utilize the City's dockmaster at the promoter's or sponsor's expense. If the dockmaster for the event is not to be the City's dockmaster, the agreement for such event must clearly state the qualifications for the promoter's or sponsor's recommended dockmaster and such recommended dockmaster must be acceptable to and approved by the Director or designee.

(c)

The Director shall receive and coordinate with the Jacksonville Sheriff's Office ("JSO") designated park officer on the security in the Parks. It is the intention of the Council to honor the Sheriff's request to have all sworn officers report to the Sheriff, but the Council's intention is that a JSO officer shall be in the JSO budget every year and shall be designated the Parks Security Officer.

(d)

The Director shall coordinate with the Downtown Investment Authority Chief Executive Officer regarding waterfront facilities, including dock facilities, and park areas/facilities under the Department's control and located within Downtown (as defined in Chapter 55, Part 1). The Director shall present to the Downtown Investment Authority Board for review, as determined by the Downtown Investment Authority Chief Executive Officer, such matters related to the development of waterfront facilities, including dock facilities, and the development of park areas/facilities under the Department's control and located in Downtown. Upon such presentation by the Director, the Downtown Investment Authority Board shall make an advisory recommendation to the Department regarding the same.

(e)

The Director may execute agreements with Downtown Vision, Inc., a Florida not-for-profit corporation, as needed, in an amount not to exceed $100,000 to support Department activities related to the activities, programs and services set forth in Section 55.117, Ordinance Code, subject to availability of funding. The payment terms for such agreements may include a reasonable advance payment and payment terms based on draws, reimbursements, or progress payments. Other City agencies may join and contribute funding to any agreement executed pursuant to this subsection. Prior to execution by any party, all such agreements shall be prepared, reviewed and approved by the Office of General Counsel as to both form and legality. Any agreements in excess of $100,000 shall be procured in accordance with Chapter 126, Ordinance Code. The Director shall provide Council with a quarterly report regarding the direct contracting permitted under this Section.

(f)

The Director, or designee, shall coordinate with the Jacksonville Journey Forward in accordance with Chapter 85 of the Code to implement and incorporate any Jacksonville Journey Forward approved terms, goals, and performance metrics in Department contracts or programs affecting crime reduction or public safety.

(Ord. 2007-839-E, § 7; Ord. 2011-732-E, § 16; Ord. 2012-378-E, § 1; Ord. 2012-364-E, § 10; Ord. 2013-209-E, § 10; Ord. 2014-560-E, § 6; Ord. 2016-140-E, § 16; Ord. 2021-499-E, § 2; Ord. 2024-175-E, § 10; Ord. 2024-635-E, § 4))

Secs. 28.104—28.106. - Reserved.

Editor's note— Ord. 2011-732-E, § 16, amended the Code by repealing former § 28.104—28.106 in their entirety. Former § 28.104 pertained to the Deputy Director. Former § 28.105 pertained to the functions and duties of the Deputy Director. Former § 28.106 pertained to the Parks Advisory Board. All three Sections derived from Ord. 2007-839-E.

PART 3. - RECREATION AND COMMUNITY PROGRAMMING DIVISION

Sec. 28.301. - Recreation and Community Programming Division; establishment; functions.

There is created a Recreation and Community Programming Division. The Division shall be responsible for administration and operation of community-wide recreation and social service programs for all populations and shall have a liaison relationship with the Senior Services Division. The Division shall concentrate on the enhancement of existing services and development of new services.

(a)

The Division shall be responsible for the administration, maintenance and operation of all community (recreation & senior) centers, parks, tennis facilities, organized athletics and swimming pools.

(b)

The Division shall be responsible for administration and operation of the lifeguard program for swimming pools and waterparks.

(c)

The Division shall be responsible for planning, organizing and implementing programs at entertainment and park areas/facilities under the control of the Department including but not limited to after school programs, and camps.

(d)

The Division shall provide a liaison to any boards, commissions, committees, or task force related to Recreation and Senior Services.

(e)

The Division shall be responsible for permitting of parks and facilities for private events by the public.

(Ord. 2007-839-E, § 7; Ord. 2011-732-E, § 16; Ord. 2013-209-E, § 10)

Sec. 28.302. - Division Chief.

The Chief of Recreation and Community Programming is the Division Chief of the Recreation and Community Programming Division. The Chief shall be appointed by the Mayor, subject to confirmation by the Council, and shall serve at the pleasure of the Mayor. The Chief shall have bachelor's degree or higher from an accredited college or university in the recreation filed and at least five years of progressive management experience in the recreation field and be a Certified Park & Recreation Professional or Certified Park & Recreation Executive.

(Ord. 2007-839-E, § 7; Ord. 2013-209-E, § 10)

Sec. 28.303. - Powers of Division Chief.

The Division Chief shall have and may exercise the following powers:

(a)

The Chief may establish and collect fees and charges for the sale, use or rental of merchandise, utilities, supplies and equipment at the parks and other recreational areas and facilities of the Division and for the use of City recreational equipment for private users.

(b)

The Chief may make rules concerning the conduct of tournaments, events and contests in the parks and recreational facilities of the Division, including the times and places therefor, the rules by which the tournaments and contests will be conducted, the entry and other fees to be charged therefor, the trophies and awards that may be given and the manner in which tournaments or contests, or the participants therein, will be registered with or sanctioned by regionally, nationally or internationally recognized bodies or organizations.

(c)

The Chief may negotiate agreements with local, regional, national or international bodies or organizations to provide the following types of services:

(1)

Umpiring or refereeing of games, contests or events.

(2)

Providing scorekeeping, timekeeping and similar officiating services.

(3)

Arbitrating, mediating and deciding disputes between contestants or teams during the course of tournaments, contests or events.

(4)

Instruction in or demonstration of arts, crafts, sports and other recreational activities and pastimes.

(Ord. 2011-732-E, § 16)

Sec. 28.304. - Division Chief to submit schedule of fees to Council.

The Division Chief shall submit to the Council annually, and as often as required, changes therein, a schedule of fees and charges for admission into those parks which have been or will be improved with recreational facilities, for the use or rental of recreational facilities and areas, for entry into or registration in any recreational program, tournament, event or contest sponsored by the Division and all other fees not specifically provided for in this Part. This schedule shall become effective upon submission to the Council, unless and until the Council disapproves it in whole or in part.

(Ord. 2011-732-E, § 16)

Sec. 28.305. - Limitations upon powers.

In the exercise of the powers vested in the Chief of Recreation and Community Programming:

(a)

The Division Chief shall file a schedule of all fees and charges established by the Chief pursuant to Section 664.102(a) with the Council Secretary, and supplements thereto whenever the Chief changes any of the fees and charges; provided, that the Chief need not include on the schedule nor in any supplement the prices charged for items sold at retail at any park or recreational facility.

(b)

The Division Chief shall make available at his or her office a copy of the rules made by him pursuant to this Part.

(c)

The Division Chief shall submit each agreement negotiated pursuant to this Part to the Director of Parks, Recreation and Community Services, who shall review the same and either:

(1)

Disapprove it and return it to the Division Chief for renegotiation; or

(2)

Approve it and execute it on behalf of the City.

(d)

The Division Chief shall not negotiate any agreement that will interfere with or impair any concession agreement made by the City.

(Ord. 2011-732-E, § 16; Ord. 2013-209-E, § 10)

Sec. 28.306. - Penalties for violations.

A person who fails or refuses to observe the provisions of a rule made by the Division Chief concerning conduct or order shall be guilty of a class C offense. A participant in a tournament, event or contest who fails or refuses to observe the rules made by the Division Chief for the conduct thereof shall be subject to the penalties stated in the rules. For the purpose of this Part, participant includes individuals, teams, coaches, managers, assistants or sponsoring organizations.

(Ord. 2011-732-E, § 16)

Sec. 28.307. - Appeals to Director of Parks, Recreation and Community Services.

A rule made by the Division Chief may be appealed to the Director of Parks, Recreation and Community Services by a person aggrieved or affected thereby. The Director shall hold a public hearing, at which the parties shall have the right to be present in person, to be represented by counsel and to present evidence. The hearing shall be conducted by the Director or by a hearing officer designated by the Office of General Counsel, at the discretion of the Director. The decision of the Director shall be final. The appeal procedure specified in this Section shall not apply during the course of a tournament, event or contest; in these cases, the procedure specified in this Part shall apply.

(Ord. 2011-732-E, § 16; Ord. 2013-209-E, § 10)

Sec. 28.308. - Appeals during tournaments, events or contests.

A dispute arising during the course of a tournament, event or contest shall be determined according to the rules made by the Division Chief which govern the conduct of the tournament, event or contest, and may be referred to a body or organization with which an agreement has been made to provide arbitration, mediation or decision services as to that tournament, event or contest.

(Ord. 2011-732-E, § 16)

PART 4. - NATURAL AND MARINE RESOURCE DIVISION[3]

Footnotes: --- (3) ---

Editor's note— Ord. 2013-209-E, § 11, amended the Code by renaming Pt. 4. Formerly, Pt. 4 was named "Waterfront Management and Programming Division."

Sec. 28.401. - Natural and Marine Resource Division establishment; functions.

There is created a Natural and Marine Resource Division. The Division shall be responsible for administration and operation of community-wide preservation lands and waterfront parks and facilities.

(a)

The Division shall be responsible for operation of waterfront parks and facilities, including but not limited to City Marinas.

(b)

The Division shall be responsible for property acquisition to assist in protecting environmentally sensitive and/or culturally significant lands.

(c)

The Division shall be responsible for the resource management of preservation properties and waterfront parks/facilities including but not limited to fire management, silviculture, hydrological and landscape restoration and management, and ecosystem restoration and management.

(d)

The Division shall be responsible for the preservation, enhancement, and interpretation of preservation preserves and parks.

(e)

The Division shall be responsible for planning, organizing, and implementing environmental education programs.

(f)

The Division shall provide a liaison to any boards, commissions, committees, or task forces related to waterfront management and conservation programming.

(Ord. 2007-839-E, § 7; Ord. 2013-209-E, § 11)

Sec. 28.402. - Division Chief.

The Chief of Natural and Marine Resource is the Division Chief of the Natural and Marine Resource Division. The Chief shall be appointed by the Mayor, subject to confirmation by the Council, and shall serve at the pleasure of the Mayor. The Chief shall have a bachelor's degree or higher from an accredited college or university and at least five years of management or executive experience in natural resource recreation.

(Ord. 2007-839-E, § 7; Ord. 2013-209-E, § 11)

Sec. 28.403. - Powers of Division Chief.

The Division Chief shall have and may exercise the following powers:

(a)

The Chief may establish and collect fees and charges for the sale, use or rental of merchandise, utilities, supplies and equipment at the preserve and waterfront facilities of the Division and for the use of City recreational equipment for private users.

(b)

The Chief may make rules concerning the conduct of events and contests in the preserve and waterfront facilities of the Division, including the times and places therefor, the rules by which the contests will be conducted, and the entry and other fees to be charged therefor.

(Ord. 2007-839-E, § 7; Ord. 2011-732-E, § 16)

Sec. 28.404. - Division Chief to submit schedule of fees to Council.

The Division Chief shall submit to the Council annually, and as often as required, changes therein, a schedule of fees and charges for admission into those preserves and waterfront facilities which have been or will be improved with recreational facilities, for the use or rental of recreational facilities and areas, for entry into or registration in any recreational program, event or contest sponsored by the Division and all other fees not specifically provided for in this Part. This schedule shall become effective upon submission to the Council, unless and until the Council disapproves it in whole or in part.

(Ord. 2007-839-E, § 7; Ord. 2011-732-E, § 16)

Sec. 28.405. - Limitations upon powers.

In the exercise of the powers vested in the Chief of Waterfront Management and Programming:

(a)

The Division Chief shall file a schedule of all fees and charges established by the Chief pursuant to Section 664.102(a) with the Council Secretary, and supplements thereto whenever the Chief changes any of the fees and charges; provided, that the Chief need not include on the schedule nor in any supplement the prices charged for items sold at retail at any park or recreational facility.

(b)

The Division Chief shall make available at his or her office a copy of the rules made by him pursuant to this Part.

(c)

The Division Chief shall submit each agreement negotiated pursuant to this Part to the Director of Recreation and Community Services, who shall review the same and either:

(1)

Disapprove it and return it to the Division Chief for renegotiation; or

(2)

Approve it and execute it on behalf of the City.

(d)

The Division Chief shall not negotiate any agreement that will interfere with or impair any concession agreement made by the City.

(Ord. 2007-839-E, § 7; Ord. 2011-732-E, § 16)

Sec. 28.406. - Penalties for violations.

A person who fails or refuses to observe the provisions of a rule made by the Division Chief concerning conduct or order shall be guilty of a class C offense. A participant in an event or contest who fails or refuses to observe the rules made by the Division Chief for the conduct thereof shall be subject to the penalties stated in the rules. For the purpose of this Part, participant includes individuals, teams, coaches, managers, assistants or sponsoring organizations.

(Ord. 2007-839-E, § 7; Ord. 2011-732-E, § 16)

Sec. 28.407. - Appeals to Director of Recreation and Community Services.

A rule made by the Division Chief may be appealed to the Director of Recreation and Community Services by a person aggrieved or affected thereby. The Director shall hold a public hearing, at which the parties shall have the right to be present in person, to be represented by counsel and to present evidence. The hearing shall be conducted by the Director or by a hearing officer designated by the Office of General Counsel, at the discretion of the Director. The decision of the Director shall be final. The appeal procedure specified in this Section shall not apply during the course of a tournament, event or contest; in these cases, the procedure specified in this Part shall apply.

(Ord. 2007-839-E, § 7)

Sec. 28.408. - Appeals during events or contests.

A dispute arising during the course of an event or contest shall be determined according to the rules made by the Division Chief which govern the conduct of the event or contest, and may be referred to a body or organization with which an agreement has been made to provide arbitration, mediation or decision services as to that tournament, event or contest.

(Ord. 2007-839-E, § 7; Ord. 2011-732-E, § 16)

PART 5. - SOCIAL SERVICES DIVISION

Sec. 28.501. - Social Services Division.

The Social Services Division is created and it shall be responsible for the administration and operation of the welfare activities, and for administration of the mental health (including substance abuse and mental illness) activities of the City for all populations including victims. The Division shall have a liaison relationship with the Military Affairs and Veterans Department.

(Ord. 2013-209-E, § 7)

Sec. 28.502. - Division Chief.

The Chief of Social Services shall be the Division Chief of the Social Services Division. The Chief shall be appointed by the Mayor, subject to confirmation by the Council, and shall serve at the pleasure of the Mayor. The Chief shall have a bachelor's degree or higher from an accredited college or university in sociology, psychology or a related field and have at least five years of administrative experience in at least one of the areas of responsibility.

(Ord. 2013-209-E, § 7)

PART 6. - SENIOR SERVICES DIVISION

Sec. 28.601. - Senior Services Division; establishment; functions.

There is created a Senior Services Division. The Division shall be responsible for administration and operation of community-wide social service programs relating to the adult population, especially senior citizens. The Senior Services Division shall concentrate on enhancement of existing services and development of new services. The Division shall have a liaison relationship with the Recreation and Community Programming Division within the Parks, Recreation and Community Services Department, and shall be responsible for the operations and programming of the senior centers.

(Ord. 2013-209-E, §§ 8, 40)

Sec. 28.602. - Division Chief.

The Chief of Senior Services is the Division Chief of the Senior Services Division. The Chief shall be appointed by the Mayor, subject to confirmation by the Council, and shall serve at the pleasure of the Mayor. The Chief shall have a bachelor's degree or higher in an accredited college or university in psychology, sociology or a related field and at least five years of experience in the social services or related field.

(Ord. 2013-209-E, § 8)

PART 7. - RULES AND ENFORCEMENT

Sec. 28.701. - Definitions.

In this Part, unless the context otherwise requires:

(a)

Beach means the zone of unconsolidated material that extends landward from the mean high-water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves.

(b)

Dock means any fixed or floating structure owned or operated by the City of Jacksonville to which watercraft may been moored. Watercraft moored to a dock do not constitute an extension of the dock.

(c)

Marina means the docks and boat launching facilities at the Metropolitan Park Marina and the St. Johns River Marina. Watercraft moored at or launched from a marina do not constitute an extension of the marina.

(Ord. 2007-839-E, § 7)

Sec. 28.702. - Exclusions.

Sovereign submerged lands, navigable waters and public trust beaches of the state are excluded from this Chapter except where specific legislative powers, governmental regulations, or permits have been granted to the City of Jacksonville by the legislature.

(Ord. 2007-839-E, § 7)

Sec. 28.703. - Rules; enforcement.

(a)

Under Section 28.103(e), the Director of Recreation and Parks (hereinafter referred to as the "Director") has the power and authority to adopt rules for the management, operation and control of parks and other recreational facilities, and for the use and occupancy, management, control, operation, care, repairing and maintenance of all structures and facilities thereon, and all land on which the same are located and operated. By way of example, but not by way of limitation, such rules may provide for the following:

(1)

Preservation of property, vegetation, wildlife, signs, markers, buildings or other structures and any object of scientific or historic value or interest;

(2)

Restricting or limiting the use of any area as to time, manner or permitted activities;

(3)

Prohibition of conduct which may be reasonably expected to substantially interfere with the use and enjoyment of park and recreation areas by the general public or to be of general nuisance;

(4)

Necessary sanitary, health and safety measures;

(5)

Camping and picnicking, including place, time and manner where such shall be permitted;

(6)

The use of motor vehicles and boats as to place, time and manner of operation;

(7)

Control and limitation of fires and designation of places where fires shall be permitted;

(8)

Requirements essential for the preservation and management of the park and recreation system.

(b)

It shall be unlawful for any person to violate any such rules adopted and published pursuant to this Chapter. Any person violating any rule or regulation adopted by the Director and adopted and published by this Chapter shall be guilty of a Class C offense, unless otherwise specified. Enforcement of Chapter 28 shall be by any "law enforcement officer," "part-time law enforcement officer," or "auxiliary law enforcement officer" as such terms are defined in F.S. § 943.10. Enforcement of any other rule or regulation adopted by the Director, or his designee shall be by the exercise of police powers held by the Director under Section 28.103 or as otherwise provided by law. The Director may also impose and collect from violators of rules not adopted and published by this Chapter an administrative, noncriminal fine not to exceed $100 per violation, in accordance with procedures established in the rules adopted by the Director.

(Ord. 2007-839-E, § 7; Ord. 2011-732-E)

Sec. 28.704. - Adoption of rules.

(a)

Any proposed rules and any amendments to the rules shall be referred by the Director to the City Council Standing Committee (the "Committee") to which bills addressing parks and recreation are referred. Within 60 days of the Committee's receipt of the proposed rules or amendments to the rules, the Committee shall approve the proposed rules or amendments, or shall disapprove the proposed rules or amendments and make recommendations to the Director in the format approved by Council Rules.

(b)

Upon approval of any proposed rules or amendments by the Committee, the Director shall cause to be published, in a newspaper of general circulation within the City and in all places where notices of public meetings are customarily placed by the Department, a notice of proposed rule-making at least 20 days before conducting public hearings on the proposed rules or amendments to the rules. The notice shall include the following information:

(1)

The date, time, place, and subject of the public rule-making hearing;

(2)

The requirements, if any, for interested parties to notify the Director of their intent to participate in the hearing, including the manner of such notice and the deadline for such notice; and

(3)

A statement that the complete text of the proposed rules or amendments is on file with and may be examined at the office of the Director.

(c)

The Director may make changes in the text of the proposed rule or proposed amendment prior to, during, or as a result of the public hearing.

(d)

Any person who wishes to comment on proposed rules may do so in writing delivered to the Director prior to the date of the hearing or in person at the hearing, subject to any requirements for participation set out in the notice of hearing. If minutes are not prepared, the Director shall preserve the proceedings at the hearing on audio magnetic tape or similar audio-recording media so that the proceedings may be transcribed at a later date at the expense of the one requesting a transcript of the hearing.

(e)

The rules shall become effective upon dating and signing of the rules by the Director and the approval of the rules for legality by the Office of General Counsel.

(f)

Within seven (7) business days after adoption of the rules, the Director shall file a copy of the rules as finally adopted with the Legislative Services Department and the Office of General Counsel and shall cause to be published a notice of their adoption in an official publication of the City. The notice shall also include a statement that the rules are on file with the Director and available for public inspection and copying.

(g)

Any judicial or quasi-judicial action to contest the validity of the procedure in adopting the park rules may not commence more than 120 days after the adoption of the rule.

(Ord. 2007-839-E, § 7)

Sec. 28.705. - Daily park hours.

(a)

The parks and other recreational facilities shall normally be open daily to the public from sunrise to sunset unless otherwise posted; provided however, the Director may extend or limit the times herein specified. It shall be unlawful for any person, other than authorized personnel, to go upon or remain in any park or other recreational facility at any time the same is closed to the public.

(b)

The beaches shall normally be open from sunrise to sunset, unless otherwise posted; provided however, the Director may extend or limit the times herein specified when circumstances of public safety, necessity or other cause, where such action is taken in the public interest and is not to the detriment of the public, at large.

(1)

The Director shall develop and implement a uniform warning and safety flag system from use on beaches consistent with the provisions of F.S. § 380.276.

(2)

It shall be unlawful for any person, other than authorized personnel, to go upon or remain in any beach at any time the same is closed to the public.

(c)

The docks and marinas shall normally be open daily to the public as follows: the docks and marinas shall be open as designated by the Director; provided however, the Director may extend or limit the times herein specified. It shall be unlawful for any person, other than authorized personnel, to go upon or remain in any dock or marina at any time the same is closed to the public.

(d)

The Director may at his or her discretion, for special events requiring the use of certain parks, allow or require the sponsors of, promoters of, or participants in special events to erect, construct or otherwise prepare and dismantle and remove the facilities for and clean up the area in and around such events during specific times including hours between 11:00 p.m. and 5:00 a.m., so as not to disrupt traffic in the streets surrounding the location of the special event.

(e)

The Director may, for special events in the Downtown Events Area, issue permits for special events which will occur during the times that the parks are not normally open and may additionally allow or require the sponsors of, promoters of, or participants in such events to erect, construct or otherwise prepare and dismantle and remove the facilities for and clean up the area in and around such events during specific times including the hours between 11:00 p.m. and 5:00 a.m., so as not to disrupt traffic in the streets surrounding the location of the special event.

(Ord. 2007-839-E, § 7)

Sec. 28.706. - Closure or restriction of areas.

Except as otherwise specifically provided in this Chapter, in accordance with the rules adopted by the Director, any park, beach, dock, marina or other recreational facility, or any section or part thereof, may be closed to the public by the Director, or any duly authorized agents, at any time and for any interval of time, whether temporarily or at regular and stated intervals (daily or otherwise), and whether entirely or merely to certain uses, as the Director shall find reasonably necessary. It shall be unlawful to swim, boat or otherwise enter or go upon any area or part of any park, beach, dock, marina or other recreational facility when it is closed to the public by the Director or any duly authorized agent.

(Ord. 2007-839-E, § 7)

Sec. 28.707. - Reservation of areas.

In accordance with the rules adopted by the Director, written permits reserving recreation areas and structures may be issued. It shall be unlawful for any person to violate the terms and conditions of written permits issued by the Director or any duly authorized agent, or for persons other than the permittee and the permittee's guests and invitees to intrude on the reserved area(s) during the reservation period. When no permit has been issued, then the use of such areas shall be in accordance with the rules adopted by the Director.

(Ord. 2007-839-E, § 7)

Sec. 28.708. - Destruction of park property unlawful.

(a)

It shall be unlawful for any person, other than authorized personnel, to cut, mark, remove, break or climb upon or in any way injure, damage or deface the trees, shrubs, plants, turf or any of the buildings, fences, bridges, monuments, fountains, back stops, goal posts, coin meters or other structures or property within or upon any park, beach, dock, marina or other recreational facility.

(b)

It shall be unlawful for any person, other than authorized personnel, to pick or remove any vegetation in any park, beach, dock, marina or other recreational facility, or to go or enter areas of any park, beach, dock, marina or other recreational facility which are posted for no entry or no trespass.

(Ord. 2007-839-E, § 7)

Sec. 28.709. - Camping and erection of tents and buildings prohibited.

Unless authorized by rule:

(a)

It shall be unlawful for any person to camp or otherwise sleep overnight in or upon any park, beach, dock, marina or other recreational facility, without first having obtained a permit to do so from the Director; provided however, no permit shall be required at Katherine Abby Hanna Park or Huguenot Park, provided any applicable fees have been paid.

(b)

It shall be unlawful for any person, other than authorized personnel, to build or place any tent (except for tents designed for sun shelter and used during daylight hours), building, shack, booth, stand or other structure in or upon any park, beach, dock, marina or other recreational facility, without first having obtained a permit to do so from the Director; provided however, no permit shall be required at Katherine Abby Hanna Park or Huguenot park.

(Ord. 2007-839-E, § 7)

Sec. 28.710. - Fires prohibited.

(a)

It shall be unlawful for any person, other than authorized personnel, to light or tend any open fire within any park, beach, dock, marina or other recreational facility, unless such fire is contained in a fireplace or grill constructed for that purpose, is located in an area approved for such fire, and is tended in accordance with rules adopted by the Director. All fires permitted by the Director shall be completely extinguished before leaving the area.

(b)

It shall be unlawful for any person to light or tend any fire in a fireplace, grill, or other receptacle within a park, beach, dock, marina or other recreational facility in violation of a fire ban declared by the Fire Chief, whenever the Fire Chief has for public safety reasons declared a fire ban at any park, beach, dock, marina, or other recreational facility, or in any areas or sections thereof.

(c)

The minimum fine for violation of this Section while a fire ban is in effect shall be $500.

(Ord. 2007-839-E, § 7)

Sec. 28.711. - Fireworks prohibited.

(a)

It shall be unlawful for any person, other than authorized personnel, to possess, sell, ignite, or discharge any fireworks within any park, beach, dock, marina, or other recreational facility.

(b)

The minimum fine for violation of this Section while a fire ban is in effect shall be $500.

(Ord. 2007-839-E, § 7)

Sec. 28.712. - Alcoholic beverages.

(a)

It shall be unlawful to sell or possess alcoholic beverages at any place within any park or other recreational facility except at those places where an existing and current retailers license or permit for the sale thereof shall have been issued pursuant to the laws of the state.

(b)

Beer, wine and liquor may be sold in the parks listed in the Downtown Events Area, as defined in Section 154.107, Ordinance Code, as modified from time to time, when the Director has issued a special events liquor permit. A special events liquor permit may only be issued to persons holding an appropriate liquor license.

(Ord. 2007-839-E, § 7)

Sec. 28.713. - Peddling prohibited.

It shall be unlawful to offer any goods, services or things for sale or trade within any park, beach, dock, marina or other recreational facility, or on the streets and sidewalks within 300 feet of the boundary of the same, without first having obtained a license or permit to do so in the manner and pursuant to terms and conditions fixed by law, including Section 614.106, Ordinance Code, as may be amended from time to time.

(Ord. 2007-839-E, § 7)

Sec. 28.714. - Disturbance of the peace.

It shall be unlawful for any person within any park, beach, dock, marina or other recreational facility of the City to disturb the peace of others by violent, tumultuous, offensive or obstreperous conduct, or by loud or unusual noises, or by unseemly profane, vulgar, obscene, or offensive language or conduct, or to assault, strike or fight another, or to in any other way breach the peace.

(Ord. 2007-839-E, § 7)

Sec. 28.715. - Fishing.

Fishing shall be permitted at designated fish management areas. It shall be unlawful for a person to fish, use a seine, or cast or use drag nets from City-owned property posted "NO FISHING" by the Director or other authorized official. The following areas shall be posted "NO FISHING": adjacent to boat approaches to boat ramps and within 30 feet along the shoreline on either side of the ramp; pedestrian ways and picnic tables; within 15 feet of playgrounds and other planned active recreation areas; and, floating docks designated for boat mooring, and attached gangways.

(Ord. 2007-839-E, § 7)

Sec. 28.716. - Sanitation controls.

(a)

It shall be unlawful for any person to send any animal into, or throw or deposit any article or thing into the waters of any park or other recreational facility.

(b)

It shall be unlawful for any person to fail or refuse to remove and properly dispose of solid animal waste of pets or other animals brought into any park, beach, dock, marina or other recreational facility by said person.

(c)

It shall be unlawful and an offense for any person to bathe, swim, or be in, or to wash any object in, any fountain in any City park.

(d)

It shall be unlawful and an offense for any person to bathe, swim, or be in, or to wash any object in any City lake, pond or other body of water if a sign is posted prohibiting such activity.

(e)

Any person violating a provision of this Section shall be guilty of an offense and shall upon conviction and adjudication of guilt be punished as follows:

(1)

For a first offense, by a fine of not more than $25 or by imprisonment of not more than ten days or by community service of not less than 50 hours; and

(2)

For a second and any subsequent offense, by a fine of not more than $500 or by imprisonment of not less than 15 days nor more than 90 days or by community service of not less than 500 hours.

(Ord. 2007-839-E, § 7)

Sec. 28.717. - Abandoning animals prohibited.

It shall be unlawful for any person to abandon in any park, beach, dock, marina or other recreational facility any fish, water fowl, birds, reptiles or any animals whatsoever.

(Ord. 2007-839-E, § 7)

Sec. 28.718. - Hunting or disturbing animals prohibited.

(a)

It shall be unlawful for any person to hunt or disturb in any manner any of the fish, water fowl, birds, reptiles or any animals whatsoever present in, belonging to or preserved in any park or other recreational facility.

(b)

The foregoing prohibitions shall not apply to hunters with an access permit from the Division of Forestry, to take wildlife at the Cecil Commerce Center Conservation and Recreation Corridor during hunting seasons approved by the Director or to hunters on any Wildlife Management Area (including, but not limited to, Thomas Creek Wildlife Management Area - Kings Road Unit), Wildlife and Environmental Areas, Restricted Hunting Areas, Public Small Game Hunting Areas or Private Hunting Preserves established or permitted by the Fish and Wildlife Conservation Commission within the City of Jacksonville and Duval County.

(Ord. 2007-839-E, § 7; Ord. 2008-148-E, § 2)

Sec. 28.719. - Loose animals prohibited.

(a)

It shall be unlawful for any person to allow any animal to be loose upon any park, beach, dock, marina or other recreational facility, except at any dog park hereafter established expressly for such purpose.

(b)

It shall be unlawful for any person to allow any horses, cattle, sheep, goats, hogs, or any other livestock whatsoever to pasture, graze or run at large within the limits of any park, beach, dock, marina or other recreational facility; provided, however, this Section shall not apply to animals placed within enclosures by the City.

(c)

Any person employing or using the services of any person who violates the provisions of this Section shall be liable as principal for the breach hereof, and the person having control of such animals or livestock shall be liable for any breach hereof.

(Ord. 2007-839-E, § 7)

Sec. 28.720. - Bottles prohibited; littering prohibited.

(a)

It shall be unlawful for any person to bring, or to have in his or her possession, any glass bottle or glass container, in any park, beach, dock, marina or other recreational facility.

(b)

It shall be unlawful for any person to bring in and dump, deposit or leave any bottles or glass containers, any broken glass, ashes, papers, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash, in or upon any park, beach, dock, marina or other recreational facility.

(c)

It shall be unlawful for any person utilizing the facilities of any park, beach, dock, marina or other recreational area or facility to leave such area or facility without first having completely extinguished fires, nor before placing in disposal receptacles, where provided, all trash in the nature of boxes, papers, cans or other containers, garbage and other refuse in the possession of such person. If no disposal receptacle is available, then such person shall carry away all such refuse or trash in his or her possession from the area, to be disposed of in a proper and legal manner elsewhere.

(Ord. 2007-839-E, § 7)

Sec. 28.721. - Vehicles and bicycles.

(a)

It shall be unlawful for any person, other than authorized personnel, operating a vehicle, including bicycles and other human-powered devices or wind or motorized recreational vehicles, in any park, beach or other recreational facility to fail or refuse to obey all traffic signs or other traffic-control devices regulating the operation, stopping or parking of vehicles. This Section shall not apply to those operating motorized wheelchairs, vehicles designed to assist people with disabilities, and City registered Park vehicles.

(b)

It shall be unlawful for any person, other than authorized personnel, to park or drive a motorized vehicle or motorized recreational vehicle on lawns, fields, beaches or any places other than upon roadways and parking areas clearly constructed and established for such purposes within any park, beach, dock, marina or other recreational facility.

(c)

It shall be unlawful for any person, other than authorized personnel, operating a motorized vehicle or motorized recreational vehicle, in any park, beach, dock, marina or other recreational facility to ride anywhere except upon roadways, sidewalks, bike paths, parking areas, and other designated trails and pathways which have not been closed to such traffic by the Director. The operation of remote control cars, boats, airplanes, go-carts and skateboards shall be permitted in designated areas of designated parks only.

(Ord. 2007-839-E, § 7)

Sec. 28.722. - Solicitation of passengers prohibited.

It shall be unlawful for any person to solicit anyone utilizing the facilities of any park, beach, dock, marina or other recreational area or facility for passage in any vehicle for hire or gratis upon any park premises without special permission in writing from the Director.

(Ord. 2007-839-E, § 7)

Sec. 28.723. - Boating.

(a)

It shall be unlawful for any person to bring into or operate any boat, raft or other water craft, whether motor-powered or not, upon any property owned or controlled by the City except at places and during such hours as may be designated for boating by the Director. Such activity shall be in accordance with applicable rules as are now or may hereafter be adopted. This Section shall not be construed to exclude the operation of model watercraft, if such operation is otherwise permitted under Section 28.721(c).

(b)

Docking at any City dock is subject to the provisions of Chapter 615 (Docking), Ordinance Code.

(c)

It shall be unlawful for any person to navigate, direct or handle any boat in a reckless, careless or unsafe manner.

(d)

It shall be unlawful for any person to dive from a City dock or any vessel tied to a City dock, unless the event has been authorized by City permit.

(Ord. 2007-839-E, § 7; Ord. 2015-213-E, § 1)

Sec. 28.724. - Swimming and beach activities.

(a)

It shall be unlawful for any person to swim in any bodies of water on or around public parks unless specifically designated for such use, or unless the event has been authorized by City permit. The beaches are open for swimming unless closed, pursuant to Sections 28.705 and 28.706, as may be amended from time to time.

(b)

It shall be unlawful for children at the beach, under the age of 12, not to be supervised by a person over the age of 18.

(c)

It shall be unlawful for children at City pools under the age of 10, not to be supervised by a person over the age of 18.

(Ord. 2007-839-E, § 7; Ord. 2015-213-E, § 1)

Sec. 28.725. - Gambling prohibited.

(a)

It shall be unlawful for any person to participate in gambling, including social gambling, within any park, beach, dock, marina or other recreational facility.

(b)

"Gambling" means risking any money, credit, deposit or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include:

(1)

Bona fide contests of skill, speed, strength or endurance in which awards are made only to entrants or to the owners of entries; or

(2)

Bona fide business transactions which are valid under the law of contracts; or

(3)

Other acts or transactions now or hereafter expressly permitted.

(Ord. 2007-839-E, § 7)

Sec. 28.726. - Unauthorized persons prohibited from golf facilities.

(a)

The Director may, upon such terms and conditions as the Director may provide, authorize the starter or other official to admit participants and spectators upon any City owned or operated golf facility.

(b)

It shall be unlawful for any person to go upon any City owned or operated golf facility in violation of the rules adopted by the Director. If any person persists in remaining thereon after being instructed to leave by the starter or other authorized official of the facility or the Recreation and Parks Department, said person shall be guilty of a class C offense.

(c)

The rules and provisions of Chapter 28 (Parks, Recreation and Community Services) shall apply to all City owned golf courses.

(Ord. 2007-839-E, § 7; Ord. 2011-732-E; Ord. 2013-209-E, § 40)

Sec. 28.727. - Unlawful to golf without paying fee.

It shall be unlawful for any person to enter upon any golf course owned or operated by the City and to play golf thereon, without first having paid the required fee and having secured a ticket from the person in charge of the golf course for the privilege of playing golf thereon.

(Ord. 2007-839-E, § 7)

PART 8. - TRESPASS IN PUBLIC PARKS; VIOLATION AND APPEAL

Sec. 28.801. - Issuance of trespass.

The Jacksonville Sheriff's Office, or any law enforcement officers designated by the Sheriff, are authorized to enforce the park rules, Jacksonville Ordinance Code and Florida Statutes generally and are authorized to issue notices of trespass after warning in accordance with this Chapter.

(Ord. 2007-839-E, § 7; Ord. 2017-1-E, § 1)

Sec. 28.802. - Trespass Procedures.

(a)

Trespass for violation of Certain State Statutes. If a person is arrested based upon probable cause to believe that the person has committed any of the offenses enumerated in F.S. Chs. 790 (Weapons and Firearms), 749 (Sexual Battery), 796 (Prostitution), and 800 (Lewdness; Indecent Exposure) or any felony involving violence within a City park, beach, dock, marina or other recreational area or facility, the Jacksonville Sheriff's Office shall exclude that person from all City parks, beaches, docks, marinas or other recreational areas or facilities for a period of one year. If a person is arrested based upon probable cause to believe that the person has committed any of the offenses enumerated in F.S. Ch. 806 (Arson and Criminal Mischief) within a City park, beach, dock, marina or other recreational area or facility, the Jacksonville Sheriff's Office shall exclude for a period of one year that person from the particular City park, beach, dock, marina or other recreational area or facility where the offense occurred. Upon arrest, every person excluded shall be provided a notice of trespass after warning, in accordance with this Part.

(b)

Trespass for violation of Park Rules, Jacksonville Ordinance Code and State Statutes not listed above. If a person is cited for violation of Park Rules, Jacksonville Ordinance Code or State Statutes not listed above, the Jacksonville Sheriff's Office may exclude for a period of one year that person from the particular City park, beach, dock, marina or other recreational area or facility where the offense occurred for a period of one year. However, if a person is cited for two or more violations within 30 days of the same Park Rule, Jacksonville Ordinance Code or State Statute, in two or more City parks, beaches, docks, marinas or other recreational areas or facilities, the Jacksonville Sheriff's Office may exclude for a period of one year that person from all City parks, beaches, docks, marinas or other recreational areas or facilities. Any person excluded under this subsection shall be provided a notice of trespass after warning in accordance with this Part.

(c)

The notice of trespass after warning shall be in writing with a case number and a copy delivered to the excluded person. The notice of trespass after warning shall specify the following:

(1)

The areas designated as public facilities by the Director and a list of the facility or facilities from which that person is excluded; and

(2)

Information concerning the right to appeal the exclusion to a hearing officer.

(Ord. 2007-839-E, § 7; Ord. 2017-1-E, § 1; Ord. 2025-432-E, § 14)

Sec. 28.803. - Appeal.

(a)

Appeal of trespass after warning. A person to whom a notice of trespass after warning is issued shall have a right to appeal as follows:

(1)

Appeals shall be filed with the Director to be assigned to a hearing officer, which shall be a lawyer assigned by the Office of General Counsel.

(2)

Copies of documents in the City's or Sheriff's control which are intended to be used at the hearing shall be made available, upon request, to the appellant.

(3)

An appeal of a one-year trespass exclusion must be filed, in writing, within 30 calendar days following the date of arrest or notice of trespass after warning.

(4)

Within five business days after the receipt of the appeal, or such longer period of time as agreed to by the parties, the hearing officer shall hold a quasi-judicial hearing on an appeal and shall render a decision on the appeal at the conclusion of the hearing. The decision of the hearing officer shall be based solely on the criteria set forth in this Section.

(5)

A one-year trespass exclusion shall take effect upon issuance of the notice of trespass after warning and shall remain in effect for one year thereafter. If the hearing officer grants the appeal, the trespass shall immediately thereafter be dissolved concerning the facts underlying the dissolved trespass.

(6)

At the hearing on an appeal of a one-year trespass exclusion, the Sheriff or his or her designated officer shall have the burden to show by a preponderance of the evidence that the appellant committed any of the offenses enumerated in this Part, and that the conduct supporting the exclusion occurred within a City facility.

(7)

At the hearing on an appeal of a one-year trespass exclusion, a judgment of conviction for any of the offenses that formed the basis for the exclusion, shall be conclusive evidence that the described conduct occurred.

(b)

Review of decision of hearing officer. The decision of the hearing officer is subject to review in the Circuit Court by petition for writ of certiorari. Any petition for writ of certiorari for review shall be filed with the Clerk of Circuit Court within 30 days after the appellant has received notice of the hearing officer's decision. Unless good cause exists to contest a petition for writ of certiorari, the City shall stipulate to certiorari no later than five business days after the petitioner requests such a stipulation. The City shall transmit the record to the court no later than five business days after receiving the order allowing certiorari.

(Ord. 2007-839-E, § 7; Ord. 2017-1-E, § 1)

PART 9. - DISABLED SERVICES DIVISION

Sec. 28.901. - Disabled Services Division.

The Disabled Services Division is created and shall be responsible for:

(a)

Disabled Services. This division shall also be responsible for increasing community awareness concerning the accomplishments and needs of disabled individuals, monitoring all federal and state legislation that relates to disability rights and issues and advising the Mayor and his or her staff about necessary City compliance. The Division will suggest and implement ordinances that favorably impact one's equal access and opportunity while changing any City policies that may adversely impact the same.

(Ord. 2013-209-E, § 9)

Sec. 28.902. - Division Chief.

The Chief of Disabled Services shall be the Division Chief of the Disabled Services Division. The Chief shall be appointed by the Mayor, subject to confirmation by the Council, and shall serve at the pleasure of the Mayor. The Chief shall have a bachelor's degree or higher from an accredited college or university and have at least five years of administrative experience in at least one of the areas of responsibility.

(Ord. 2013-209-E, § 9)

Sec. 27.104. - Special Events. Chapter 29 - PUBLIC HEALTH UNIT