TITLE IV:  COMMUNITY RELATIONS AND RECREATIONAL FACILITIES
Chapter
   4-1.   PUBLIC PARKS
   4-2.   STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
   4-3.   EDUCATIONAL FACILITIES BENEFIT DISTRICT
CHAPTER 4-1:  PUBLIC PARKS
Section
General Provisions
   4-1-1   Parks to be open daily; exceptions
   4-1-2   Recreational impact fee for public uses
   4-1-3   Policy of fees and charges
City Park Rules and Regulations
   4-1-15   Intent and purpose
   4-1-16   Definitions
   4-1-17   General regulations
   4-1-18   Idle speed zones
   4-1-19   Prohibited acts
GENERAL PROVISIONS
§ 4-1-1  PARKS TO BE OPEN DAILY; EXCEPTIONS.
   (A)   Except for unusual and unforeseen emergencies, city parks shall be open to the public every day of the year during designated hours. The opening and closing hours for each individual park or portion thereof shall be posted therein for public information.
   (B)   Any section or part of any park may be declared closed to the public by the manager at any time, and for any interval of time, either temporarily or at a regular and stated interval, and either entirely or merely for certain uses as the manager shall find reasonably necessary. 
   (C)   No person shall remain upon park property after a lawful command to leave by any law enforcement officer or by the City Manager or his designee.
('76 Code, § 5-41)  (Ord. 2228, passed 5-5-98)
§ 4-1-2  RECREATIONAL IMPACT FEE FOR PUBLIC USES.
   (A)   Title, authority and applicability. This section shall be known and may be cited as the Kissimmee Parks and Recreational Impact Fee Ordinance. The provisions of this section shall apply to all land development in the incorporated areas of the city, unless otherwise provided hereinafter. This section and the obligations herein for payment of parks and recreational impact fees shall apply to all development projects that apply for a building permit and/or a certificate of occupancy, unless otherwise provided hereinafter.
   (B)   Findings. To ensure development of adequate parks and recreational facilities for residents of the city; it is determined to be to the benefit of all residents of the city for there to be a parks and recreational impact fee to guarantee the acquisition, development and capital improvements for city parks and recreation areas to remain concurrent with growth. The City Commission specifically finds that:
      (1)   The city parks and recreational areas benefit residents of the city as well as the county.
      (2)   Development necessitated by the residential growth contemplated in the Comprehensive Plan will require improvements and additions to parks and recreational facilities.
      (3)   Future growth should contribute its fair share to the costs of improvements and additions to parks and recreational facilities to accommodate the demand of such growth.
      (4)   The imposition of a parks and recreational impact fee is to provide a source of revenue to partially fund the construction of various improvements to the parks and recreation system of the city.
      (5)   The city has the legal responsibility to collect parks and recreational impact fees for the city park system.
      (6)   The purpose of this section is to regulate the development of land within the city by requiring payment of parks and recreational impact fees by residential development and to provide for the costs of capital improvements to the city park system which are required to accommodate growth. This section is not to be construed to permit the collection of parks and recreational impact fees in excess of the amount reasonably anticipated to offset the demand on the city park system generated by residential development.
      (7)   The City Commission has reviewed and considered the Final Report on the Parks and Recreation Impact Fee Study conducted by Tinsdale-Oliver and Associates, Inc. dated September 9, 2008 and hereby adopts and incorporates by reference its facts, findings and conclusions as the basis for this/impact fee ordinance. A copy of the report is in the office of the City Clerk.
   (C)   Impact fee. There is hereby imposed for all dwelling units constructed within the city, an impact fee as follows:
      Single family detached   $1,200.00
      Multiple family      $985.29
      Mobile home         $867.06
In the event a development project involves a mixed use project, the impact fees shall be calculated upon each separate residential use included in the mixed use project.
   (D)   Alternate impact fee calculation. In the event an applicant believes that the impact to the city park system necessitated by its development project is less than assumed under the applicable impact fee category adopted in division (C), such applicant may, prior to issuance of a building permit for the development project, file with the City Manager or his or her designee an alternative impact fee study that seeks to establish an alternative fee using the methodology contained in the 2008 Impact Fee Study adopted by the Commission. The City Manager shall review the alternative calculations of the fee and make a determination within 30 days of receipt from the applicant as to whether such calculation complies with the requirements of this section. Failure to render a decision within 30 days shall be deemed a denial.
   (E)   Donation of land in lieu of money. When the payment of parks and recreational impact fee exceeds $250,000, the (City Commission) may at its sole discretion accept the dedication of land in lieu of money. The minimum useable acreage for each parcel eligible for this donation shall be five acres. The lands must have adequate road access, be dry and be suitable for recreational purposes. Such lands deemed acceptable to the (Commission) shall be conveyed to the city, fee simple absolute, free and clear of encumbrances.
   (F)   Other recreational restrictions. The provisions of this section are the minimum standards. Nothing in this section shall be construed as prohibiting a developer from reserving other lands for recreational purposes in addition to the requirements of this section. Furthermore, nothing contained in this section shall be construed as a waiver, satisfaction, or omission of other open space or recreational standards or requirements required in Chapter 14-2 of the City Code.
   (G)   Exemptions. Commercial development/subdivisions shall be exempt from the requirements of this section.
   (H)   Payment.
      (1)   Except as otherwise provided in this chapter, prior to the issuance of a building permit for a residential development project, an applicant shall pay the parks and recreational impact fee, as applicable. The applicable impact fee shall be paid directly to the City Manager or his or her designee.
      (2)   The obligation for payment of the impact fee shall run with the land.
      (3)   The payment of the impact fee shall be in addition to any other fees, charges or assessments of the city due upon the issuance of a building permit.
   (I)   Alternative collection method. In the event impact fee is not paid prior to the issuance of a building permit for the affected residential development project the city may elect to collect the impact fee by any other method which is authorized by law.
   (J)   Refund of fees paid.
      (1)   Any funds not expended or encumbered by the end of the calendar quarter immediately following ten years from the date the impact fee was paid, shall upon written application of the fee payer submitted to the city within 180 days of notification as hereafter provided, be returned to him with no interest. Failure to submit a timely written application shall result in remittance of the fees paid to the Parks and Recreation Fee Trust Fund and the fee payer’s claim shall be barred. The city shall send written notice to the fee payer of eligibility to make application for refund within six days of the date the fee becomes eligible for refund. Mailing to the fee payer’s address as set forth on the building permit application shall be deemed sufficient.
      (2)   The petition for refund shall be submitted to the City Manager and shall contain:
         (a)   A notarized sworn statement that the petitioner is the current owner of the property on behalf of which the impact fee was paid.
         (b)   A copy of the dated receipt issued for payment of such fee or such other record as would indicate payment of such fee.
         (c)   A certified copy of the latest recorded deed.
         (d)   A copy of the most recent ad valorem tax bill.
      (3)   Within three months from the date of receipt of a petition for refund, the City Manager will advise the owner of the status of the impact fee requested for refund, and if such impact fee has not been spent or encumbered within the applicable time period, then it shall be returned to the petitioner. The city shall retain 3% of the impact fee to offset the costs of administering the refund. For the purposes of this section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in, shall be the first fee out.
      (4)   All impact fees paid for a building permit which subsequently expires or is otherwise invalidated prior to completion of the permitted land development activity shall be nonrefundable subject to the appeal provisions in division (L).
   (K)   Use of impact fee proceeds.
      (1)   The Commission hereby establishes one separate trust account for the parks and recreation impact fee, which account shall be maintained separate and apart from all other accounts of the city, to ensure that all impact fee collections and expenditures are properly deposited, accounted for, reported, and appropriated in accordance with this section and any other applicable legal requirements.
      (2)   All impact fees shall be deposited into this trust account immediately upon receipt. Interest accruing thereto shall be deposited into this account.
      (3)   The monies deposited into this impact fee trust account shall be used solely for the purpose of purchase, constructing or improving parks and recreation projects included in the city and may be used for:
         (a)   Design and construction plan preparation;
         (b)   Permitting;
         (c)   Property acquisition, including any costs of acquisition or condemnation;
         (d)   Construction of new parks and recreation facilities and landscape when built concurrent with and part of a construction project;
         (e)   Construction of new drainage facilities in conjunction with park construction;
         (f)   Purchase an installation of traffic signals, pavement markings with park construction;
         (g)   Construction of new curbs, medians, and shoulders when built concurrent with part of a park construction project;
         (h)   Relocating utilities to accommodate new park construction;
         (i)   Construction management and inspection;
         (j)   Surveying and soils and material testing;
         (k)   Repayment of monies transferred or borrowed from any budgetary fund of the city which were used to fund any growth impacted construction or improvements as herein defined;
         (l)   Payment of principal and interest, necessary reserves and costs of issuance of any bonds or other indebtedness issued by the city to provide funds to construct or acquire growth capital improvements for parks and recreation;
         (m)   Park and recreation planning, design, development and engineering.
      (4)   The monies deposited into the impact fee trust account shall not be used for any expenditure that would be classified as a maintenance or repair expense.
      (5)   Any monies on deposit which are not immediately necessary for expenditure may be invested by the city. All income derived from such investments shall be deposited in the impact fee trust account and used as provided herein.
      (6)   Each fiscal year the City Manager shall present to the City Commission, a proposed capital improvement program, which shall assign funds, including any accrued interest, from the Impact Fee Trust Fund, to specific park and recreation improvement projects and related expenses. Monies, including any accrued interest, not assigned to any fiscal year, shall be retained in the Impact Fee Trust Fund until the next fiscal year, except as provided by the refund provision.
      (7)   The city may enter into an interlocal agreement with the county to contribute a portion of funds collected under this section. The purpose of this agreement is to assist the county to defray the costs of county park or recreational facility that meets the needs of the city’s park and recreational programs or services the city residents.
      (8)   The city may enter into an interlocal agreement with the state to contribute a portion of the funds collected under this chapter. The purpose of this agreement is to assist the state to defray the costs of state parks and recreational facilities that meets the city’s park and recreational programs and services city residents.
      (9)   The city may retain up to 3% of all impact fees received, based on its actual costs, as an administrative fee to defray the costs of administering the impact fees.
   (L)   Review hearings.
      (1)   An applicant or owner who is required to pay a impact fee shall have the right to request a review hearing.
      (2)   Such hearing shall be limited to the review of the following:
         (a)   The application or calculation of the impact fee;
         (b)   The rejection of the alternative impact fee calculation.
      (3)   (a)   Such hearing shall be requested by the applicant or owner within 30 days of the date of first receipt of the following:
            1.   Notice that the impact fee is due;
            2.   Negative determination on a proposed alternative road impact fee.
         (b)   Failure to request a hearing within the time provided shall be deemed a waiver of such right.
      (4)   The request for hearing shall be filed with the City Manager and shall contain the following:
         (a)   The name and address of the applicant or owner;
         (b)   The legal description of the property in question;
         (c)   If issued, the date the building permit and certificate of occupancy were issued;
         (d)   A description of the nature of the construction being undertaken;
         (e)   If paid, the date the impact fee was paid; and
         (f)   A statement of the reasons why the applicant or owner is requesting the hearing.
      (5)   Upon receipt of such request, the City Manager shall schedule a hearing before the Commission at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant and owner written notice of the time and place of the hearing. Such hearing shall be held within 60 days of the date the request for hearing was filed.
      (6)   Such hearing shall be before the Commission and shall be conducted in manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence.
      (7)   Any applicant or owner who requests a hearing pursuant to this section and desires the immediate issuance of a building permit, or if a building permit has been issued without the payment of the impact fee, shall pay prior to or at the time the request for hearing is filed, pay the applicable impact fee as applicable. Said payment shall be deemed paid “under protest” and shall not be construed as a waiver of any review rights.
      (8)   An applicant or owner may request a hearing under this section without paying the applicable impact fee, but no building permit shall be issued until such impact fee is paid in the amount initially calculated or the amount approved upon completion of the review provided in this section.
      (9)   The decision of the City Commission shall be final.
('76 Code, § 5-42)  (Ord. 1641, passed 9-19-89; Am. Ord. 1706, passed 9-11-90; Am. Ord. 2709, passed 3-10-09)
§ 4-1-3  POLICY OF FEES AND CHARGES.
   (A)   Rate and fee schedules and security deposit policy adopted and approved. The Parks and Recreation Department facility rates schedule, security deposit policy, and fee schedule contained in the exterior facility usage regulations for outside organizations/groups is hereby approved and adopted by the City Commission.
   (B)   Available for public review. A current copy of the facility rates schedule, security deposit policy, and fee schedule shall be available to the general public at the City of Kissimmee's Parks and Recreation Department. 
('76 Code, § 5-43)  (Ord. 1682, passed 4-3-90)
CITY PARK RULES AND REGULATIONS
§ 4-1-15  INTENT AND PURPOSE.
   It is the intent and purpose of this section to regulate city parks so as to protect the health, welfare and safety of persons using the parks and the general welfare of residents and visitors of surrounding areas and of the city. It is to be liberally construed to effect that result.
('76 Code, § 5-44(a))  (Ord. 1687, passed 5-29-90)
§ 4-1-16  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.  In those cases wherein a word or words are not defined, its definition shall be as found in Black's Law Dictionary, latest edition, or in American Heritage College Dictionary, third edition.
   CITY PARK.  A land, water or building site, publicly owned, operated or controlled, that is used for public recreational purposes. It shall also include land which has been deeded or dedicated for public use and/or public access across private or public property. Such examples of city parks include, but are not limited to, lakefront property, boat ramps, indoor facilities, playgrounds, athletic fields and courts, parkways, picnic areas, monuments, walkways, gazebos, marinas, boat slips, community centers.
   DIRECTOR.  The Chief Administrator who oversees all Parks and Recreation Department functions, employed by the city and reporting to the City Manager.
   PARKS AND RECREATION DEPARTMENT.  A Department established by the Commission, responsible for administering the city parks and recreation system.
   PARKS AND RECREATION PROGRAM.  An organized and supervised recreation, athletic, cultural, social, educational or park-related activity, sponsored or co-sponsored by the Parks and Recreation Department.
   STAFF MEMBER.  An employee of the Parks and Recreation Department.
('76 Code, § 5-44(b))  (Ord. 1687, passed 5-29-90)
§ 4-1-17  GENERAL REGULATIONS.
   Each person, firm, corporation, civic association or group using the city parks, grounds, facilities and public waterway access areas shall clean up debris, extinguish all fires when such fires are permitted, and leave the premises in good order and the facilities in a neat and sanitary condition. No person shall dump, deposit or leave any bottles, broken glass, ashes, paper or other trash anywhere on the grounds of the parks other than in proper receptacles provided therein, and no such refuse or trash shall be placed in any waters in or contiguous to the park. When receptacles are not provided, all such rubbish or waste shall be carried away from the park or water access area by the person responsible for its presence and properly disposed of elsewhere.
('76 Code, § 5-44(c))  (Ord. 1687, passed 5-29-90)
§ 4-1-18  IDLE SPEED ZONES.
   Idle zones are hereby established within 300 feet of any public park, boat ramp, marina, breakwater, dock, swimming area, picnic area, seawall or any other public area which is located on water edge.
('76 Code, § 5-44(d))  (Ord. 1687, passed 5-29-90)
§ 4-1-19  PROHIBITED ACTS.
   No person shall within city park boundaries or on any boat ramp or piers:
   (A)   Disobey the lawful and reasonable order of a police officer or city staff member in the discharge of his or her duties or disobey or disregard the notices, prohibitions, instructions or directions on any park sign, including rules and regulations posted on the grounds or buildings in said city parks.
   (B)   Willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, bridge, table, bench, fire place, railing, paving or paving material, waterline or other public utility or parts appurtenant thereof; signs, notices or placards, whether temporary or permanent; monuments, stakes, posts, or equipment; facilities or park property or appurtenance whatsoever, either real or personal.
   (C)   Cut, break, mutilate, injure, disturb, sever from the ground or remove any growing thing, including, but not limited to, any plant, flower, flower bed, shrub, tree, growth or any branch, fruit or leaf thereof; or bring into or have in possession in any city park any tool or instrument intended to be used for the cutting or removal thereof; or set fire to any item thereof; or go upon any prohibited lawn, grass plot or planted area, except at such times and in such manner as the Director may designate.
   (D)   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 city park or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will result in the pollution of said waters.
   (E)   Disturb the peace, use any profane, obscene or blasphemous language or do any indecent act.
   (F)   Carry, possess or drink any alcoholic beverages in any park. Certain approved functions may allow the consumption of alcoholic beverages in city parks.
   (G)   Cause or permit a dog or any pet or animal, either domestic or otherwise, to enter, unless such dog, pet or animal is leashed and under the control of its handler. Permission may be given for unleashed animals to enter the park for organized city parks and recreational programs.
   (H)   Build fires except in specified areas in city parks on cooking grills provided therein.
   (I)   Possess, carry and/or transport on or about their person any uncovered or unsecured glass container in any city park and water access area.
   (J)   Reserved.
   (K)   Use powered or non-powered go-carts on any athletic court, field, bicycle or pedestrian way, boardwalk, or seawall at or in any city park. Skateboards and roller skates are permitted on bicycle trails or paths but not on pedestrian ways, public sidewalks, or on other city athletic or recreation properties.
   (L)   Sell, peddle, promote, solicit, advertise or announce any product, program or item without advanced written approval from the Director.
   (M)   Place, dump, abandon or leave any animal, reptile or bird, either wild or domestic, on the grounds or in the facilities of any city park.
   (N)   No person or organization shall conduct raffles, bingo games or card games for money or drawings for prizes or participate in any other form of gambling within the city parks, whether for charity or otherwise, without prior written approval of the Director. All state laws regulating such raffles and games, including, but not limited to, laws regulating use of municipal property for such games, must be complied with.
   (O)   Loiter in or around any restroom, dressing room, bathhouse or vacant building.
   (P)   Hold any rally, protest, entertainment, exhibit, organized event or other mass group gathering without obtaining a permit from the city. City-organized or sponsored events or programs shall not require a permit.
   (Q)   Parking of any vehicles in any park overnight or when the park is closed.
   (R)   Violate any rule for the use of the park which has been posted in a particular park pursuant to approval by the City Commission, City Manager or his or her designee.
   (S)   Unless otherwise approved by the City Commission, no person shall use the premises, and/or associated portions, of any city owned or operated park, city owned or operated public boat ramp or other recreational area or facility, owned by the city or under the care and/or custody of the city, for commercial purposes of any type, including but not limited to:
      (1)   Picking up and dropping off passengers;
      (2)   Soliciting or advertising commercial activity for hire at a city owned site;
      (3)   Designating the city owned site address as the physical address of a commercial business or the meeting location for commercial business activity;
      (4)   Collecting or attempting to collect any compensation at a city owned site. City sponsored events that allow temporary vendors are exempt from this division.
   (T)   No person shall dock, anchor or in any way secure a watercraft to any public boat ramp, or premises adjacent thereto, which is owned by the city or under the care and/or custody of the city, for more than 15 minutes, unless watercraft is inoperable and cannot be removed under its own power, or the owner of the watercraft has an emergency situation. The code enforcement office is allowed to use discretion in these regards.
   (U)   Unless authorized by the City Manager or his or her designee, no person shall replenish, or fill, or attempt to replenish, or fill, any type of watercraft, with a petroleum product of any type, while said watercraft is located on the premises, and/or associated portions, of any city owned or operated park, city owned or operated public boat ramp or other recreational area or facility, owned by the city or under the care and/or custody of the city.
('76 Code, § 5-44(e))  (Ord. 1687, passed 5-29-90; Am. Ord. 2639, passed 3-13-07; Am. Ord. 2793, passed 2-15-11; Am. Ord. 2809, passed 9-27-11)  Penalty, see § 1-1-99