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File #: 33-20    Version: Name:
Type: Ordinance Status: Passed
File created: 6/11/2020 In control: City Council
On agenda: 9/10/2020 Final action: 9/10/2020
Enactment date: 9/17/2020 Enactment #: 29-20
Title: PROPOSED ORDINANCE NO. 33-20 - AMENDING SECTION 6-3-2 OF THE CODE OF THE CITY OF PENSACOLA, RULES AND REGULATIONS GENERALLY, AND ADDING SUBSECTION (C) SPECIFYING PARK HOURS
Sponsors: Grover C. Robinson, IV
Code sections: 6-2-3 - Duties
Attachments: 1. Proposed Ordinance No. 33-20, 2. PROOF OF PUBLICATION ORDS 2ND READING

LEGISLATIVE ACTION ITEM

 

SPONSOR:                         Grover C. Robinson, IV, Mayor

 

SUBJECT:

 

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PROPOSED ORDINANCE NO. 33-20 - AMENDING SECTION 6-3-2 OF THE CODE OF THE CITY OF PENSACOLA, RULES AND REGULATIONS GENERALLY, AND ADDING SUBSECTION (C) SPECIFYING PARK HOURS                      

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RECOMMENDATION:

 

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That City Council adopt Proposed Ordinance No. 33-20 on second reading:

 

AN ORDINANCE AMENDING SECTION 6-3-2 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; PROVIDING RULES AND REGULATIONS GENERALLY; SPECIFYING PARK HOURS; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE

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HEARING REQUIRED:  No Hearing Required

 

SUMMARY:

                                          

Parks and Recreation would like to codify the park hours.  Upon review by the City Attorney’s Office, the recommendation is to change some of the verbiage, adding (c), and updating the title to parks and recreation, as well as removing “adjacent waters” from (a).

 

The addition of (c) of the existing ordinance 6-3-2, satisfies the “publication” requirement of park hours, and allows the rule to be enforced as an ordinance.  The addition of park hours will ensure conformity within the parks without the addition of multiple signs.  It also increases the ability of law enforcement and the state attorney’s office to better enforce and prosecute trespass violations, increase public safety and reduce the property damage that can accompany trespass violations in parks.

 

Section (a) currently allows the parks and recreation director to adopt rules and regulations, in order to prevent injuries and define appropriate behavior at City parks and also the “waters adjacent thereto”.  The term “waters adjacent thereto” is not defined making it hard to define its jurisdiction.  It is therefore desired that it should be removed from the code.

 

PRIOR ACTION:                     

 

August 13, 2020 - The City Council voted to approve Proposed Ordinance No. 33-20 on first reading.

 

FUNDING:                     

 

N/A

 

FINANCIAL IMPACT:

                     

None

 

CITY ATTORNEY REVIEW:    Yes

 7/17/2020

   

STAFF CONTACT:

 

Keith Wilkins, City Administrator

Kerrith Fiddler, Deputy City Administrator - Community Development

Brian Cooper, Parks and Recreation Director

 

ATTACHMENTS:

 

1)                     Proposed Ordinance No. 33-20

 

PRESENTATION:     No   end