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  § 21-39. Enforcement of ordinances pertaining to Park Property.  


Latest version.
  • (a)

    When enforcing City ordinances applicable to Park Property, Park Property includes:

    (1)

    All property to the curbline of any street adjacent to a park (to the curbline closest to the Park) but does not include any portion of the paved right-of-way of such street designed for public vehicular traffic;

    (2)

    All water completely surrounded by land owned by the City or by rights-of-way or by a combination thereof;

    (3)

    In Parks which contain a stream, creek or other flowing waterbody, the portion of the waterbody within the Park;

    (4)

    In Parks which do not completely surround a fresh or brackish waterbody (e.g., Lake Maggiore), the entire waterbody up to the water's edge abutting the private property, subject to any riparian rights that a private property owner may possess;

    (5)

    In Parks which abut a saltwater waterbody (e.g., Tampa Bay), all property up to the water's edge (whether the water's edge abuts a seawall or beach);

    (6)

    Any City-owned manmade structure (e.g., dock, pier, boat ramp) which extends from a Park into any of the waters described in the preceding subsections (a)(2) through (a)(5) of this section; and

    (7)

    All other property defined as Park Property pursuant to this chapter.

    (b)

    When enforcing City ordinances applicable to Park Property, sidewalks which are parallel to the paved street shall be open 24 hours per day and shall not be subject to the Park closing times set forth in this chapter provided the street side edge of the sidewalk is within 20 feet of the curbline closest to the Park, and provided such sidewalks are not otherwise closed by the City pursuant to other sections of the Code (e.g., if sidewalks are closed for a special event). Use of such sidewalks shall be in accordance with the Code and applicable laws.

    (c)

    When used in this section, curbline shall mean the edge of the curb closest to the street. Where there is no curb, curbline shall mean the edge of the paved portion of the street.

(Code 1992, § 21-61; Ord. No. 774-G, § 1, 4-6-2006)