HISTORIC MEMORIALS CHAPTER 265-1 RULES FLORIDA BOARD … · 2014. 10. 1. · HISTORIC MEMORIALS...

HISTORIC MEMORIALS CHAPTER 265-1

RULES

OF

FLORIDA BOARD OF PARKS AND

HISTORIC MEMORIALS

CHAPTER 265-1

265-1.01 Definitions 265-1.02 Traffic 265-1.03 Park property 265-1.04 Recreational activities 265-1.05 Nuisances 265-1.06 Behavior

265-1.01 Definitions.-For the purposes of Chapter 592, F. S., and this chapter, the following words have the meaning indicated:

(1) State parks and historic memorialsAll the real property situated in the State of Florida acquired by or under the jurisdiction of the Florida Board of Parks and Historic Memorials or which may be acquired by this Board or come under its jurisdiction. Specifically this includes all areas so far designated as Park areas whether or not wholly or partially developed, all Historic Memorials whether or not wholly or partially developed. Wherever herein the words "Park" or "Parks" or "Historic Memorial" may be used, reference is made to such State land areas as described herein.

(2) Member or board member-The members of the Florida Board of Parks and Historic Memorials.

(3) Service or park service--The Florida Park Service.

(4) Director or director of parks-The director of the Florida Park Service.

(5) Park superintendent-Any person immediately in charge of any Park area and of its activities and to whom all Park attendants of such area are responsible. The superintendent is directly responsible to the Director of Parks. All superintendents, as well as such Park attendants as have demonstrated their capacity and sense of responsibility, shall be commissioned as County Deputy Sheriffs, who shall have authority to enforce the provisions of this chapter.

(6) Person-Any individual regardless of age or sex, or any corporation, company, association, firm, co-partnership, club or society, or any association of persons, or any agent or employee thereof.

(7) Vehicle-Any wheeled conveyance (except a baby carriage or invalid wheelchair) for the transportation of persons or materials whether (1) powered or drawn by motor as an automobile, truck, motorcycle-, or scooter; (2) or animal-drawn as a carriage, wagon, or cart; (3) or any self-propelled bicycle or tricycle; (4) or any trailer in tow of any size, kind or

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265-1.07 Merchandising, advertising and signs 265-1.08 Sanitation 265-1.09 Cottages 265-1.10 Miscellaneous 265-1.11 John Pennekamp Coral Reef State

Park

description. Exception is made as to any recreational or park transportation service, on rails or otherwise, where especially authorized by the Director of Parks.

(8) Bus-Any vehicle, for hire or rent that is adapted to carrying more than six (6) passengers.

(9) Parking area-Any designated part of any park road, drive, or special area contiguous thereto, set apart for the standing or stationing of any vehicles.

(10) Park roads-All surfaced areas either paved or unpaved designated for vehicular traffic, and passing through any legally defined park area or part thereof. All other traffic ways, not designated for vehicular traffic are classified as work-trails, bridle-trails, or simply trails or paths.

(11) Bathing beach or bathing area-Any beach or bathing area designated by the Service as such, in or at any park, either on the ocean, or inland, including the actual sand beach, if any, and the adjoining land area as well as the adjacent waters used for bathing and swimming.

(12) Adult-Any individual regardless of sex, who is 21 years of age or older.

General Authority 592.07 (2), 592.071 FS, Law Implemented 592.07 (2), 592.071 FS

265-1.02 Traffic.-(1) STATE LAW. All applicable provi

sions of laws and rules regulating the equipment and operation of motor vehicles on Florida highways will be strictly enforced in the parks, together with such rules provided in this chapter. .

(2) DIRECTIONS OF TRAFFIC. All traffic ' officers and park employees are authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of this chapter and such supplementary rules as may be issued by the Park Service or other state agency. No person shall fail to comply with any lawful order, signal, or direction of such officer or employee. All persons shall observe carefully all traffic signs indicating speed, direction, cau-

CHAPTER 265-1 HISTORIC MEMORIALS

tion, stopping or parking, and all others posted for proper control and to safeguard life and property.

(3) SPEED OF VEHICLES IN PARKS. No person shall drive a vehicle at a speed greater than is reasonable or pr.udent, having due regard for the surface, width and condition of paving and the traffic thereon, particularly when near children or bicyclists. In no event shall such speed exceed 30 miles per hour and at the more congested centers and near park buildings, beaches, and picnic and play areas, it shall not exceed 15 miles per hour. .

(4) RESTRICTION TO ROADS: No person shall drive any motorized or horse-drawn vehicle on any area except the park roads or parking areas, or such other areas as are designated as temporary parking areas by the Park Service.

(5) PARKING. (a) All motor cars shall be parked only in

the established and indicated parking areas or in such other areas and at such times as the Park Service may designate, except as hereinafter specified otherwise.

(b) Full parking on the roads or driveways is forbidden at all times. In event of blowout, puncture, or motor trouble, or in order to enjoy some special natural scenic feature, automobiles may be parked with the two left wheels near the right edge of the paving or road for not more than fifteen (15) minutes. No stopping or parking is permitted even briefly on the lefthand side of any road or driveway.

(c) Parking at any established parking concourse shall be done in accordance with the markings thereon and the instruotions of any park attendant who may be· present.

(d) No person shall park or station any vehicle in any zone designated and marked "NO PARKING" or, otherwise marked for restricted use except briefly' for tqe expeditious loading or unloading of passengers or freight, and in no case in excess of five (5) minutes for passengers and ten (10) minutes for freight.

(e) No vehicle shall be left standing or parked at night without lights clearly visible for at least two hundred (200) feet from either front or rear on any driveway or road area except legally established parking areas. In the event of such emergency as a bre'akdown, tlie driver shall report at once the occurence to a park officer or attendant.

(6) TOWING OR TRAILING. No person shall park within any park area a vehicle in tow of another vehicle, except that boats, camping trailers and house trailers may be so brought in under special permit for use in park areas.

(7) SOLICITING RIDES OR FARES. No pedestrians shall solicit rides from any driver ,

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nor shall any driver of any vehicle solicit riders for money or fares.

(8) DOUBLE-PARKING. No person shall double-park any vehicle at any time or on any road or parkway or parking concourse unless so directed by an officer or park attendant.

(9) MUFFLERS. All drivers of vehicles using gasoline or other explosive mixture as a source of power shall at all times use an adequate muffler or otherwise provide to deaden the sound of explosives.

(10) BUSES, TAXIS, FOR-HIRE CARS, OTHER PUBLIC CARRIERS. No person shall drive or operate within the parks, except on a through highway, any automobile, bus, or other vehicle carrying one or more passengers for which a 'fare is charged 'without first securing a permit and parking assignment.

(11) 'TRUCKS, ETC. No private or public trucks, carts, wagons, or other vehicles carrying building materials, merchandise, or other articles of freight or merchandise for sale, or which . are commonly used for the carrying thereof, shall, unless traversing the park, enter any park area or make use of park roads except on special authorization of the Park Service or in connection with park work and activities. Exception is made for empty trucks not for hire and used solely at .the time for transporting persons to a park for recreational purposes.

(12) BICYCLES. (a) Persons riding bicycles shall keep to

the paved vehicular roads. As a convenience only, they may be wheeled or pushed by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use, but the machines shall not be ridden on any such trails or areas.

(b) When riding, bicyclists shall at all times keep to the righthand side of the road paving as close as conditions permit, and they will keep in single file when two or more bicycles are operating as a group. Bicyclists shall at all times operate their machines with reasonable regard to the safety or other, signal all turns, pass to the left of any vehicle they are overtaking and to the right of any vehicles they may be meeting.

(c)' No more than one person shall ride on anyone bicycle at a time; no operator shall ride any other person on handlebars or frame or extra seat, and it shall be unlawful for any person to so ride.

Cd) Where bicycle racks are provided they must be used for parking bicycles if space is available. Owners or operators shall not leave the machines lying on the ground or paving, or set against trees, or in any place or position where other persons may trip over or be injured by them.

HISTORIC MEMORIl\LS CHAPTER 265-1

(e) No person shall ride a bicycle on any parkway, road, street, or drive between thirty (30) minutes after sunset or thirty (30) minutes before sunrise without an attached headlight plainly visible at least two hundred (200) feet from in front of, or without a red taillight or red reflector plainly visible at two hundred (200) feet from the rear of, such bicycle. No person under sixteen (16) years of age shall ride a bicycle in any park at night after nine (9) o'clock P.M.

(13) THROUGH HIGHWAYS. Where a road traverses a state park, and is available for public use at all times, said road shall be open to all through traffic permitted on any county road or highway, but such through traffic shall conform to park speed and traffic regulations, and vehicles otherwise not permitted to operate in park areas shall not stop therein except in case of emergency, whereupon prompt report must be made by the driver to a park officer or attendant.

(14) PARK ENTRANCE. No person or persons sh'aU .enter any state park via land, except through the designated park entrance gate. No vehicle shall enter any state park until the required fee has been paid, except those entering on park business. -

General Authority 592.07 (2), 592.071 FS, Law Implemented 592.07 (2), 592.071 F:S

265-1.03 Park property.-(1) BUILDINGS AND OTHER PROPERTY.

No person shall willfully mark, deface, or injure in any way, or displace, remove, or tamper with, any park buildings, bridges, · tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, p'ark signs, notices or placards, whether 'temp'orary or permanent, monuments, stakes, posts, ' or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

(2) CLIMBING ON PROPERTY. No person or persons shall climb, clamber on or over any buildings, structures, forts or ruins in any state park or historic memorial area unless he or they are conducted by the park superintendent or his authorized representative.

(3) FIRE. No person shall build or attempt to build any fire or fires against or adjacent to any park building or other structure, tree, or any park property whatever, or against or near the property of others, except in such areas as are designated by the Park Service. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material, within any park area or on any highway, road or street abutting or contiguous thereto.

(4) REMOVAL OF PROPERTY. No per-

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son shall dig, move, mar, deface or remove from any park area and beach sand, gravel or minerals, whether submerged or not, or any soil, rock, stalactities, stalagmites, artifacts, relics, stones, trees, shrubs, or plants, downtimber or other wood or materials, or make any excavation by tool, equipment, blasting, or other means or agency, or construct or erect any building or structure of whatever kind whether permanent or temporary in character, or run or string any public service utility into, upon, or across such lands, except on special written permit and by authority of the Park Service.

(5) TREES, SHRUBBERY, LAWNS, ETC. , (a) Trees, shrubbery, lawns, etc. are prop

erty assets of the park and no person shall cut, ~ carve, or injure the bark, or break off limbs or . branches or mutilate in any way, or pick the fl0wers or seeds, of any tree or plant. Nor

> shall any person dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty ·or , usefulness of any area, nor shall he pile debris or material of any kind on or about any tree ,or plant, or attach any rope, wire, Qr other contrivance thereto,

,whether temporary or permanent in character or use'.

(b) Np person shall transplant or remove any tree, plant, vine or fern thereof, or collect or remove flowers, except that scientists or students of botany may procure from the superintendent special permission to collect plant specimens. , .

(c) No person shall tie or hitch a horse or other animal to any tree or plant.

(6) WILD ANIMALS, BIRDS, ETC. (a) No person shall molest, harm, frighten,

.kill, trap, .hunt, chase, capture, shoot, or throw missiles at any mammal, bird, reptile or amphibian; nor shall he remove or have in his possession the young of any. wild animal, or the eggs, nests or young of any reptile or bird; nor shall he collect, remove, have in his possession, give away, sell or offer to sell, or buy or offer to buy, or accept as a gift, any specimen, 'alive or dead, of any of the group of tree snails. Exception to the foregoing is made in that snakes known to be deadly poisonous such as rattlesnakes, moccasins, coral snakes, or other deadly reptiles, mllY b.e killed on sight.

(b) No person .shall feed or attempt to pet any wild animals.


265-1.04 Recreational activities.(1) BATHING AND SWIMMING. (a) No persons regardless of age or manner

of dress, shall swim, bathe, or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places


as are provided therefor, and in compliance with this chapter.

(b) No person shall frequent any park waters or bathing beach for the purpose of swimming or bathing, or congregate thereat, except between such hours of the day as shall be designated by the Service for such purposes for each individual area.

(c) Bathing beaches may be closed to the public and bathing therein be prohibited at any time when in the opinion of the Park Service such bathing is dangerous or otherwise inadvisable.

(d) No person shall erect, maintain, use or occupy on or in any beach or bathing area, any tent, shelter or structure of any kind unless there shall be an unobstructed view into said tent, shelter or structure from at least two sides; nor shall any guy wire, rope or extension or exterior brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object outside thereof.

(e) In each and every bathing area all persons shall be so covered with a bathing suit as to prevent any indecent exposure of the person or call forth merited criticism. No person shall dress or undress on any beach, or in any vehicle, toilet or other place in any park area, except in such bathing houses or structures as may be provided and maintained by the park for that purpose. All bathing costumes shall conform to commonly accepted standards at all times.

(f) No person, dogs or pets shall wash or be washed with or without soap or other cleaners in bathing areas.

(g) No domestic animals shall be allowed in or on bathing areas.

(2) BOATING. (a) No person shall bring into, or operate

any boat, yacht, cruiser, canoe, raft, or other watercraft (except toys) whether motor-powered or not, upon any park watercourse, bay, lagoon, lake, canal, pond or slough, except at such places as are or may be designated for such use or purpose by the Service. Such operation or use shall be in accordance with this chapter.

(b) No watercraft shall be launched into or removed from any park waters, except at such places as are designated for such use or purpose by the Service.

(c) No boat owner or operator shall use the public docks of any park either for dockage or other purpose without making arrangements for such accommodation with the park superintendent who shall assign space and collect reasonable rental charged in accordance with established regulations and rates, as well as

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lend emergency assistance if such should be required.

(d) No person, his representative or agent, shall moor or anchor or tie up to the bank or any wharf, dock, tree, building or any object or structure on the bank, any boat, houseboat, barge, vessel or watercraft of any kind in waters within or contiguous to any park area within one hundred (100) feet of the shore line, without written permission, except boats belonging to the United States Government.

(e) All dockage, anchorage or other charges, fees or costs shall be assessed on a graduated scale according to size of vessel. All such charges, fees or costs shall be due and collectable in advance, and failure to meet any such payment or harbor costs within thirty (30) days after due date will automatically cancel any rights or benefits acquired under a permit.

(f) No person under eighteen (18) years of age shall be allowed to operate or have charge of any motor-powered boat and no person under sixteen (16) years of age shall be permitted to operate any sailboat, rowboat, or canoe unless accompanied by an adult, unless and except a special permit therefor has been granted upon written application by parent or guardian, and the granting of such permit shall be solely at the discretion of the superintendent, and shall be subject to revocation at any time.

(g) No motor boat shall be permitted to operate at a speed of over twenty (20) miles per hour in open park waters, or four (4) miles per hour in channels, or two (2) miles per hour in narrow waterways or under bridges.

(h) No person shall navigate, direct or handle any boat in such manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupants of any other boat. All motor boats must be kept out of the way of sailboats, rowboats, canoes, or other unmotorized vessels. Rowboats, canoes, and other hand-operated boats must avoid sailboats and all due diligence and caution must be used to avoid collision with other boats. All motor boats, sailboats and hand-operated boats or crafts will not be operated or allowed in any designated swimming area.

(i) No motor boat shall be operated on park waters unless it is equipped to divert its exhaust under water or otherwise to completely muffle the sounds thereof.

(.i) No person shall consume, or permit to be consumed any alcoholic liquors on any boat using public facilities or in park waters, nor shall the ownership, possession, sale or transportation of such liquors be permitted on any boat.

(k) No person shall display any sign, pla-


card, notice or commercial announcement of any kind upon any boat or vessel while occupying dockage or mooring space, except that "FOR SALE" signs may be so posted with written permission of the superintendent, except that boat concessionaires of the Florida Park Service may, with written approval of the director, display limited signs.

(1) No person other than a concessionaire of the Florida Board of Parks and Historic Memorials through the Park Service shall be permitted to rent, hire, or operate for charge, any kind of boat or watercraft, whether powered or not, on any park waters. Nor shall any boat, operating for hire, or carrying passengers for money, or contemplating same, land or receive such passengers at any dock or wharf or landing place or anchorage in the park jurisdiction, except by special permit.

(m) No person operating passenger launches or excursion boats from without the parks that are for rent or hire, or carrying passengers for money, shall land or anchor or tie up in any park area. Persons operating such boats desiring to maintain a scheduled boat line for such purpose, either annual or seasonal, may make formal written application to the director. All persons operating such boat lines or liveries shall be subject to all the rules governing the operation of boats in park waters.

(3) FISHING. (a) Commercial fishing for food and bait

fish in the John Pennekamp Coral Reef State Park shall not apply to paragraphs (b) and (c).

(b) Commercial fishing, or the buying or seIling of fish caught in any park waters, is strictly forbidden.

(c) No person shall fish in any park waters, whether fresh or salt, and whether by the use of hook-and-line, seine, net, trap, spear, gig, or other device, except in such waters as are designated by the Service for that use and under the provisions of this chapter, and under restrictions and rules of the Game and Fresh Water Fish Commission and the State Board of Conservation. Any device such as above enumerated which is employed to remove or capture or attempt to capture fish in any waters not declared open to fishing, or otherwise used in violation of this chapter is declared a nuisance and may be seized and confiscated by any officer, superintendent or attendant.

(d) No person shall at any time fish offshore from the ocean beaches except from such portions thereof as may be staked off and posted therefor, nor shall any person at any time fish in any area where bathing is permitted.

(e) Spearfishing, in fresh or salt water, is strictly forbidden.

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(4) HUNTING AND FIREARMS. Hunting, trapping or the pursuit of wild life is forbidden at all times, everywhere in the parks. No person shall use, carry or possess in the parks, firearms of any description, or air rifles, spring guns, bows and arrows (except in designated archery ranges), slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.

(5) PICNIC AREAS AND USE. (a) No picnicking shall be done in any park

areas except such as may be set apart and designated for that purpose. The park superintendents and their assistants will regulate the activities in such areas when so required to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.

(b) Use of the individual fireplaces together with tables and benches, follows generally the rule of "first come, first served."

(c) No person shall use any portion of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons for an unreasonable time if the facilities are crowded. The determination of what is "unreasonable" will be at the discretion of the superintendent.

(d) Use. To maintain cleanliness and order, as well as to reduce fire hazard, each picnic party shall see that its fire is completely extinguished before leaving and that all trash such as boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacle where provided. If there are no such trash receptacles available, then refuse shall be carried away from the park area to be properly disposed of elsewhere.

(6) CAMPING. (a) General. No person shall set up tents,

shacks, or any other temporary shelter for the purposes of overnight camping anywhere in the parks, nor shall any person bring into a park any movable structure or special vehicle to be used or that could be used for such purpose, such as house trailer, camp trailer, camp wagon, or the like, without written permit from the superintendent; nor shall any road or park facility be used for camping except at place designated by the Service or superintendent.

(b) Supervised or organized camping. Camping in permanent cabins constructed by the Park Service and used by groups of persons under adequate supervision is allowed in those parks so designated as group camp areas.

(7) GAMES, ETC. No person shall take


part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes except in such areas as are specifically set apart for such forms of recreation. The playing of rough or dangerous games such as football, baseball and quoits is prohibited except on the fields and courts or areas provided therefor.

(8) ROLLER SKATING. No person shall do any roller skating except in such areas as may be specifically assigned for this purpose.

(9) HORSEBACK RIDING. Horseback riding is forbidden in the parks except in such parks and park areas where provision is made for this with bridle trails and other necessary facilities. Where so provided for and permitted, horses shall be thoroughly broken and properly restrained, and ridden with due care and shall not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree or shrub.

(10) SKIN OR SCUBA DIVING. Skin diving or scuba diving is forbidden in Manatee Springs or boil, at Manatee Springs State Park, Levy County.

General Authority 592.07 (2). 592.071 FS. Law Implemented 592.07 (2). 592.071 FS

265-1.05 Nuisances.-(1) INTOXICATING BEVERAGES. Drink

ing within, . or bringing alcoho)ic liquors or beverages into any park area is prohibited.

(2) FIREARMS, TOY FIREARMS AND WEAPONS. Possession or discharging within, or . bringing into any park area any firearm, air rifle, air gun, water gun, toy cannon, sling shot, bow and arrow, or any toy or instrument that discharges projectiles by air, elastic, explosive sub,stance or any other means, is prohibited. ProviQ.ed, however, this subsection shall not apply to bows and arrows used within restricted areas provided for such use. '

(3) FIREWORKS AND EXPLOSIVES. (a) Possessing, exploding, discharging or

burning within, or bringing into any park area or public lands or highways adjacent thereto, any firecrackers, torpedoes, rockets, or other fireworks or explosives of inflammable material, or any other substance, compound mixture, or article that in conjunction with any other substance or compound would be explosive or inflammable, or discharging or throwing such fireworks or other explosive or inflammable materials into any such area ' from lands or highways adjacent thereto, is prohibited. In an emergency the discharge of distress signals is permitted.

(b) Parents or guardians shall be held responsible for violations of paragraph (a) by minors, and may be prosecuted ' for any such violation.

(4) FORTUNETELLING. Telling fortunes or foretelling futures for money by any means

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or method whatsoever within any park area or portion thereof or in any building within or used in conjunction therewith, or on any highway, road or street adjacent thereto, is prohibited.

(5) DOMESTIC ANIMALS. (a) No domestic animals shall be allowed

in the parks at any time or place except as provided in this subsection.

(b) Dogs. Dogs shall be excluded from any place where food or drinks are served, except within automobile parking areas and walks immediately adjacent thereto. Nothing herein contained, however, shall be construed as permitting the running of dogs at large. On the contrary, all dogs in all portions of state parks, beaches and play areas where dogs are permitted shall be restrained or kept at all times on adequate leashes not greater than six (6) feet in length. Dogs and fur bearing animals belonging to patrons shall not be permitted to remain overnight within any state park or memorial.

(c) Horses. Horses are forbidden, except in specially designated areas where horseback riding is permitted, and there the animals must be thoroughly broken, kept under control and not left unattended and they shaH not be hitched to any rock, tree or shrub.

General Authority 592.07 (2). 592.071 FS. Law Implemented 592.07 (2). 592.071 FS

- 265-1.06 Behavior.-(1) PUBLIC DEMONSTRATIONS, GATH

ERINGS, PERFORMANCES, SPEECHES, ETC. (a) No person or persons or representatives

of any political party, social club or society, office aspirant, religious sect, theatrical or circus group, or other public exhibition, shall hold or attempt to hold any meeting, make any speeches, perform any act or ceremony, hold any parade or drill, without special written permission from the director of parks. If, in his judgment,. there is no objection, such permit shall define clearly the nature of the activity and limit its scope and time, and define any other restrictions deemed desirable.

(b) No person shall perform any acrobatic aCt or feats, make any display or exhibit whatever, or carryon any performance or do anything that will cause numbers of persons to congregate to the interference or obstruction to traffic or to other proper use of the park.

(c) ' No person shaH hold, conduct or address any assembly, meeting or gathering of persons, or make or deliver any public speech, lecture or discourse, or take part in any public debate or discussion in any park without a written permit from the Service; and no person shall be permitted to discuss, advocate or approve the overthrow of government of the United States.

(d) No company, society or organization of


more than fifty (50) persons shall hold or conduct (nor shall any person take part therein) any parade, celebration, service or exercise in any park without first obtaining a permit from the Park Service.

(2) DRUNKENNESS. No intoxicated person shall enter, be or remain in any park, and any such person so found in a park in a drunken condition or under the influence of intoxicating liquor, may be fined, arrested, ejected therefrom · and permanently barred from all parks.

(3) RESERVATION OF FACILITIES. No person over the age of eight (8) years shall occupy any seat or bench, or enter into or loiter or remain in any pavilion or other park structure or section thereof whicl,l may be reserved and designated by the Park Service for the use of the opposite sex.

(4) PUBLIC NUISANCE. No person or persons shall conduct himself or themselves by improper or immoral actions or dress, or obscene or profane language which shall be offensive to common moral decency. Such conduct shall subject the violator to a refusal of the park's privileges.

(5) ALMS, CONTRIBUTIONS AND PETITIONS. No person shall solicit alms or contributions for any purpose, whether public or private nor shall any person circulate petitions of any character in state parks.

(6) GAMBLING. No persons shall engage in any form · of gambling.


265-1.07 Merchandising, advertising and signs.-

(1) VENDING, PEDDLING, ETC. No person shall expose or offer for sale any article or thing, nor shall ' he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or merchandise, within the limits of any park. Exception is here made as to any regularly licensed concessionaire acting by and · under the authority and regulation of the Florida Board of Parks and Historic Memorials through its Park Service and providing foods, goods or services for the benefit of the public.

(2) ADVERTISING AND PUBLICITY. (a) No person shall use the park drives or

parkways or enter any park area for the purpose of announcing, displaying, advertising or calling attention to any person, political party, religious institution, or meetings or assemblies thereof, or for the purpose of demonstrating, advertising or calling attention to any article or service for sale or for hire, nor shall any signs, slogans, loud speakers or advertising display of any nature whatever be used for such purposes; no person shall place or station on any public land or highway adjacent to

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any park any vehicle whatsoever displaying any such advertising or used for such purposes as hereinbefore mentioned.

(b) No person shall display, distribute, post or fix any handbill, pamphlet, circular, placards, or any other printed matter containing advertising within any park area or upon any public land or highway or road adjacent thereto. Exception is made as to programs describing authorized concerts, entertainments, or public gatherings, and as to authorized signs located entirely within concession rooms or structures.

(c) No person shall drive or park or station on any park road or parkway or parking lot any vehicle displaying a sign or notice that it is for sale or exchange, or otherwise display advertising.

(d) Miscellaneous Signs. No person or his agent or representative, shall carve, paint, mark, or in any way deface any tree, fence, wall or building or other structure in the parks, or paste, glue, tack, or otherwise post any sign, placard, advertisement, or inscription whatever, nor shall any person or agent erect or cause to be erected any sign whatever, on any park area or on any public lands or highways or roads adjacent thereto.

General Authority 592.07 (2) , 592.071 FS, Law Implemented 592.07 (2). 592.071 FS

265-1.08 Sanitation.-(1) POLLUTION OF WATERS. No person

shall throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.

(2) REFUSE AND TRASH. No person, or agent, servant, employee, or minor responsible to such person, shall take into, dump or deposit on land of, or in waters of any pond, lake or stream, bay, or on any other body of water, or leave in, any park or any highway, road or street abutting such park, any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left anywhere on the · grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbi"sh or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.

General Authority 592.07 (2), 592.071 FS, Law Implemented 592.07 (2) , 592.071 FS

265-1.09 Cottages.-(1) FAMILY USE. Park Vacation cottages

are for family use rental only.


(2) RE-RENT AL. Rentors shall not rerent their time or space or reservation to other persons, unless written permission is secured from the park superintendent.

(3) PETS. No dogs or other pets shall be allowed in the cottages.

(4) CHECK-OUT HOURS. Check-in and check-out hours as indicated on the rental permit must be followed, unless permission to do otherwise is secured from the park superintendent.

(5) OUTBOARD MOTORS. Outboard motors and similar equipment shall not be taken inside the cottages.

(6) CONDITION. Cottages must be left in a clean condition at check-out time.

(7) FIRES. No fires shall be built or started other than in the provided indoor fireplaces and space heaters.


265-1.10 Miscellaneous.-(1) PUBLIC UTILITIES. Public utilities

serving park areas, or traversing park areas and serving adjacent lands, shall be subject to such reasonable regulations as may hereafter be adopted in the public interest, to protect state parks from unsightly and inconveniently located fixtures, installations and facilities.

(2) AIRPLANES, ETC. No person operatin~, directing, or responsible for any airplane, ghder, balloon, parachute, or other aerial apparatus, shall cause any such apparatus to take off from, or land in, any state park except in an emergency when human life is endangered; nor shall any person do any "stunt" flying or fly closer than 1500 feet over any such park.

(3) FIRES. No person shall build a fire anywhere in state parks except in the areas where fireplaces are provided.

(4) HOURS. (a) Except for unusual and unforeseen

emergencies, the state parks are to be open to the public every day of the year during designated hours. The opening and closing hours for each individual park shall be posted therein for public information.

(b) Any section or part of any park may be declared closed to the public at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as public interest demands and at the discretion of the director. This applies particularly to night use of the larger park areas when and where control becomes difficult. Permit for special night use of any park area may be granted by the director to any group of persons deemed responsible by him.

(5) PHOTOGRAPHY. No person shall take still or motion pictures, either commercial or

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private, involving the use of special settings or structures, or the performance of a cast of persons, either amateur or professional, without first obtaining written permission from the director. Otherwise there shall be no restriction on photographic activities.

(6) LOST AND FOUND ARTICLES. The finding of lost articles shall be reported to the park superintendent. While the Park Service can assume no responsibility for search, every reasonable effort to find valuable lost property will be made, or to locate the owners of found items.


265-1.11 John Pennekamp Coral Reef State Park.-

(1) GENERAL. The John Pennekamp Coral Reef State Park has been established for the protection of the coral reef formation and its associated marine life. The provisions of this section are intended to provide maximum public use of the area consistent with the preservation of its scenic and scientific values.

(2) REMOVAL OR DESTRUCTION OF NATURAL FEATURES AND MARINE LIFE. No person shall destroy, injure, deface, mar, move, dig, harmfully disturb or remove from this state park any beach sand, gravel or minerals, corals, sea feathers and fans, shells and shell fish, starfishes or other marine invertebrates, seaweeds, grasses, or any soil, rock, artifacts, stones or other materials. No person shall cut, carve, injure, mutilate, move, displace or break off any bottom formation or growth. Nor shall any person dig in, or in any other way injure or impair the natural beauty or usefulness of this state park. No rope, wire or other contrivance shall be attached to any coral, rock or other formation, whether temporary or permanent in character or use.

(3) DREDGING, FILLING, EXCAVATING AND BUILDING ACTIVITIES. No dredging, excavating, or filling operations of any kind are permitted in this state park and no materials of any sort may be deposited in or on the waters thereof. No building or structure of any kind, whether permanent or temporary, may be constructed or built, and no public service facility may be constructed or extended into, upon or across this state park.

(4) REFUSE AND POLLUTING SUBSTANCES. No person shall dump or deposit in or on the waters of this state park any oily liquids or wastes, acids or other deleterious chemicals, bottles, broken glass, paper, boxes, dirt, rubbish, waste, garbage, refuse or other debris or polluting substance.

(5) WRECKS. No Person shall wilfully destroy, molest, remove, deface, displace, or tamper with any wrecks, parts of wrecks or any


cargo pertaining to such wrecks within the state park.

(6) MARKERS. No person shall wilfully mark, deface or injure in any way, or displace, remove or tamper with any park signs, notices or placards, whether temporary or permanent, or with any monuments, stakes, posts or other boundary markers.

(7) FISHING. (a) Sport and commercial fishing with hook

and line for the purpose of taking surface or bottom fishes, in accordance with the fishing laws of the State of Florida and the rules of the Florida State Board of Conservation, is permitted within this state park.

(b) The taking of crawfish, spiny lobsters and stonecrab with traps for commercial purposes, in accordance with the fishing laws of the State of Florida and the rules of the Florida State Board of Conservation, is permitted within this state park. All trap floats shall be marked with flags at all times. All traps must be removed from the waters of the state park during the closed season as specified by law.

(c) Spear fishing or possession of spear fishing equipment within the state park is prohibited.

(d) The use of poisons, electric charges, and similar methods for the taking or killing of fish is prohibited.

(e) Any device which is used in violation of the provisions of this subsection is hereby declared a nuisance and may be seized and confiscated by any officer authorized to enforce the provisions of this section.

(f) Tropical fish may be taken within the preserve only by hook and line.

(8) SKIN DIVING. Skin diving for photography, for observation and for pleasure is permitted and encouraged. All persons entering the water shall be so covered with a bathing suit a3 to prevent any indecent exposure of the person or call forth merited criticism.

(9) COLLECTION OF SCIENTIFIC SPECIMENS. Collection of natural objects and marine life for educational purposes and for scientific and industrial research shall be done only in accordance with the terms of written permits granted by the state park director. Such permits shall be issued only to persons representing reputable scientific, research, or educational institutions. No permits will be granted for specimens the removal of which would disturb the remaining natural features or mar their appearance. All permits are subject to cancellation without notice at the discretion of the state park director. Permits shall be for a limited term and may be renewed at the discretion of the state park director.

(10) OPERATION OF WATERCRAFT. (a) No watercraft shall be operated in such

a manner as to strike or otherwise cause dam-

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age to the natural features of the state park. Except in case of emergency endangering life or property, no anchor shall be cast or dragged in such a way as to damage any reef structure.

(b) No watercraft shall be operated at a speed of greater than four (4) miles per hour when in the vicinity of divers, sightseeing boats or fishermen.

(c) All watercraft from which diving operations are being conducted shall fly in a conspicuous manner the International Code diving flag. No boat under power shall approach closer than 100 yards to such a boat displaying the diving flag except at idling speed and with great caution.

(d) Boats anchored or proceeding at slow speeds for fishing or observation shall be approached or passed at such slow speed that the wake of the approaching or passing boat does not disturb the fishing or observation boats.

(e) No person shall operate or cause to be operated any watercraft in such a manner as to endanger or annoy the occupants of his or of any other watercraft.

(f) The operation of all watercraft within this state park shall be in accordance with such state and federal laws as may be applicable to the operation or navigation of watercraft on salt water areas.

(g) Operators of boats for hire and operators of sightseeing or observation boats shall possess such papers as may be required by the United States Coast Guard and an appropriate permit granted by the state park director. Such permits will be issued only upon the satisfaction of the state park director that the permittee is a qualified and trustworthy person and that his boat or boats are properly and safely equipped and designed for the purpose of underwater observation.

(11) PHOTOGRAPHY. No person shall take still or motion pictures, either commercial or private, involving the use of special setting or structures, or the performance of a cast of persons, either amateur or professional, without first obtaining written permission from the state park director. Otherwise there is no restriction on photographic activities within this state park.

(12) ADVERTISING OR PUBLICITY. No person shall erect or cause to be displayed within this state park any signs, slogans or markers containing any advertising or other kind of message.

(13) EXPLOSIVES AND DANGEROUS WEAPONS. No person shall carry, use or possess within this state park firearms of any description, air rifles, spring guns, bows and arrows, slings, spear guns, harpoons, or any other kind of weapon potentially harmful to fish or wildlife or to the reef structure and dangerous to human safety. The use of such


weapons from beyond the boundaries of this state park and aimed or directed into this state park is forbidden. The use or possession of explosives within this state park is prohibited.

(14) CLOSING OF STATE PARK. This state park may be closed to public use in the event of emergency conditions endangering life or property.

(15) REPORT OF ACCIDENTS. Accidents involving injury to life or property shall be reported as soon as possible by the person or

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persons involved to the officer in charge of the state park.

(16) DISORDERLY CONDUCT. Persons who render themselves obnoxious by disorder- . ly conduct or bad behavior, or who are under the influence of intoxicating liquor, narcotics or habit forming drugs, in addition to being subject to the penalty provisions of this section, may be summarily removed from this state park.


HISTORIC MEMORIALS CHAPTER 265-1 RULES FLORIDA BOARD … · 2014. 10. 1. · HISTORIC MEMORIALS...

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Transcript of HISTORIC MEMORIALS CHAPTER 265-1 RULES FLORIDA BOARD … · 2014. 10. 1. · HISTORIC MEMORIALS...