§ 98.02 PROHIBITED ACTS.
   It shall be unlawful for any person to do any acts hereafter set out on the cultural or recreational facilities described in § 98.01 or on other public properties.
   (A)   Sell, peddle, or carry on any business on or within 50 feet of the municipal public beach and any park recreational or cultural facility. This provision shall not apply to persons having express permission to do so from the City Commission or its authorized agents or personnel.
   (B)   Engage in or play rough or potentially dangerous games or practice for same; practice or exercise involving thrown or otherwise propelled objects, stones, arrows, javelins, shuttlecocks, except where such acts are specifically authorized and posted with appropriate signage on such property in a reasonably conspicuous place and manner, subject to such reasonable rules and regulations as may be established and permitted by the Department.
   (C)   Fish or surf cast from any part of the municipal beach between the hours of 9:00 a.m. and 6:00 p.m. on any day. Fishing on beach street ends is exempted from this prohibition with the exception of SE 2 Street and SE 4 Street.
   (D)   Take, carry, lead, or permit dogs or other pets to come on any cultural or recreational facilities, including the east side of Pompano Beach Boulevard, in the right-of-way thereof consisting of the curb, gutter, grass, sidewalks, or other public improvements adjacent thereto but not including the west side of Pompano Beach Boulevard. However, this restriction shall not apply to any such facility which permits dogs or to any service dog as defined by federal or other applicable law or standards for such dogs.
   (E)   (1)   Drive or operate motor vehicles on the municipal cultural or recreation facilities or the municipal public beach; however, this provision shall not apply to regular employees of the city working under the direction and supervision of the city, nor to operation by any person of any motor vehicle for which permission to operate on a specific cultural or recreational facility has been granted by the City Commission.
      (2)   Park in non-designated parking areas.
   (F)   Solicit for commercial photographers or take pictures in connection with commercial photography upon the municipal cultural or recreational facilities unless invited to do so by the person desiring that the picture be taken.
   (G)   Dress or undress, either by changing from ordinary street clothes into bathing or beach attire, or from beach attire into ordinary street clothes, on the municipal beach or municipal swimming pools or while riding in a motor vehicle on any public street or park in the city. This provision shall not apply to children under the age of six years, nor to restrooms or locker rooms provided for that purpose by the city.
   (H)   Throw, place, deposit, sweep, or scatter, or cause to be thrown, deposited, swept, or scattered any paper, food, trash, fruit peeling, or other refuse on a municipal public beach or any other municipal cultural or recreational facility, or on any street, sidewalk, alley, vacant lot, or municipal area near any municipal cultural or recreational facilities.
   (I)   Picnic or eat or consume food upon a municipal cultural or recreational facility except in approved areas.
   (J)   Build or maintain a fire on a municipal beach, except in areas designated for that purpose.
   (K)   Swim outside of the area extending 50 yards eastward from the high tide watermark of the Atlantic Ocean at the municipal beach beyond control and supervision of the lifeguard, unless express permission has been obtained from the supervising lifeguard to do so. Any person requested by the lifeguard to come in must do so, and any failure to do so shall constitute an offense.
   (L)   Operate, pilot or launch a boat, vessel or watercraft from all beach areas within any restricted areas as designated by signs and/or buoy markers located within 100-yard distance off-shore as measured at low-tide, in all beach areas within city limits. However, wind-driven, paddle-driven or other non-propeller-driven watercraft, sailboard, kiteboard or similar device, but not jet-driven or combustion engine-driven watercraft, may ingress and egress through the designated launch area located at Northeast 16th Street, and Northeast 13th Street. Operators of all such water recreation equipment must utilize appropriate safety gear and are responsible for the safe operation of their equipment. All such operators shall also maintain a 100-yard distance off-shore at all times, and shall not interfere with bathers. The above requirements shall not apply:
      (1)   In areas where a Special Outdoor Use Permit has been obtained pursuant to § 155.077 of the City Code.
      (2)   When a boat, vessel or watercraft is being used for underwater archaeological or other scientific purposes, and first obtains a valid marine research permit from the city and all of the following conditions are met:
         (a)   Applicants desiring to conduct the above-listed underwater activities within the restricted area must first obtain a valid permit and any other necessary approvals from the State of Florida for such purposes;
         (b)   Application for a marine research permit must be made in writing to the City Manager and shall include:
            1.   The purpose and nature of the requested activities.
            2.   The dates and times that the activities will take place.
            3.   The name, owner and registration information for the boat or vessel from which the activities will take place.
            4.   The location of the proposed activities, with reference made to city streets, landmarks and GPS coordinates.
            5.   Notice of any proposed activities that will generate noise or sound that is likely to be audible on land west of the high water mark.
            6.   Copies of permits and all other required approvals and authorization from the State of Florida.
         (c)   The City Manager will respond in writing to the applicant either granting or denying the application. Any such denial shall provide the reasons for same. The applicant may appeal the City Manager’s decision to the City Commission, by filing a written request with the City Manager.
         (d)   Any dredging, excavation or other activities conducted from or in connection with the boat, vessel or watercraft shall not be permitted to cause any ecological damage, shall not interfere with the use of any beach area by others, and must be conducted in accordance with the required state permit.
         (e)   Failure to comply with any requirement of this subsection or failure to conduct all activities after a city permit is granted in the manner specified by the applicant in its permit application shall constitute a violation, punishable under § 10.99.
   (M)   Have or use surfboats or sailing devices or anything of a hard surface which can injure persons; use underwater spear-fishing guns, gigs, slings, bows or other type guns, excluding firearms which are subject to regulation under Chapter 790 F. S., on the beach or in the waters of the public beach.
   (N)   Scuba diving within 50 yards eastward from the high tide line of all Public Beach areas, except when entering or leaving the water. Snorkeling shall be permitted from the Public Beach. Divers must have an approved diver’s down flag displayed in accordance with state requirements.
   (O)   Have or use surfboards or stand up paddle boards by whatever name called, on the public beach or waters adjacent thereto except as follows:
      (1)   Surfboards and stand up paddle boards may be used in public beach waters in a designated area, but at no time shall be operated at a distance closer than 100 yards (300 feet) to the municipal pier. All surfing on public beach will be in a designated area clearly marked by checkered flags posted at the top of the berm. At such times when the boards are being launched or returned to this confined area, they shall not be ridden into shore but instead shall be handled or brought into shore in such a manner as to cause the least possible hazard to other persons in the vicinity of the board. Styrofoam boogie boards, or similar devices, are not restricted to the confined board area. Boards shall be used as described in this subsection only from sunup to sundown.
      (2)   At no time shall surfboards or stand up paddle boards be launched or returned to the beach at any other point on the public beach except in the designated surfing area. At no time shall a surfboard, paddle board, or boogie board be used in a careless or wanton fashion. All surfboards, stand up paddle boards or boogie boards must have a leash cord attaching the board and user. Surfing shall be permitted on waters adjacent to the public beach. Those persons using surfboards and stand up paddle boards on the public beach or waters adjacent thereto, shall be subject to all other ordinances of the city. If the stand-up paddle board operator wishes to paddle outside the vessel exclusion buoys, they must have a life vest.
   (P)   Bring onto any cultural or recreational facility or the municipal public beach any type of container made of glass for any purpose unless authorized by the City Manager or his designee.
   (Q)   Operate a motorized device by which any person may be transported having not more than three wheels. For this paragraph, motorized device shall include, but not limited to, mopeds and motorized scooters as defined in F.S. § 316.003(77) as it presently exists or as it may hereafter be defined, go-peds and self-propelled bicycles. However, this provision shall not apply to the operation by any person of any such motorized vehicle for which permission to operate on a specific cultural or recreational facility has been granted by the City Commission, nor to city owned vehicles in the course of official business, nor to motorized disability access vehicles as defined in F.S. § 320.01(34) as it presently exists or as it may hereafter be defined or such similar vehicles designed for disabled persons when used by disabled persons.
   (R)   While upon any cultural or recreational facility or the municipal public beach, possess, display or discharge any BB gun, air gun, paintball gun or gas-powered gun, or any similar device that expels a projectile of any type, excluding firearms which are subject to regulation under F.S. Chapter 790. Emergency or life-saving equipment shall be exempt from the provisions of this subsection when utilized for any such emergency, or when in the possession of authorized personnel.
   (S)   Create a disturbance or otherwise engage in conduct while at or on a municipal recreational or cultural facility which causes a breach of the peace that interferes with or prevents others from utilizing the facility for its intended recreational, artistic or cultural purpose, or which interferes with the operation of the facilities by city staff.
   (T)   The performance of non-emergency maintenance or repair of any boat, automobile, or other mechanical equipment while on, or attached to, any municipal recreational or cultural facility.
   (U)   The assembly or unpermitted construction of a structure or equipment on municipal property, that interferes with or prevents others from using all or a portion of the municipal recreational or cultural facility for its intended purpose.
   (V)   Conduct business or otherwise engage in private commercial activity on any city recreational or cultural facility, without the express authorization of the City Commission or its designee.
   (W)   In any conflict between this section and the rights of the owner or holder of riparian or littoral property, the rights of the owner or holder of the riparian or littoral property shall prevail.
   (X)   Possess or consume alcoholic beverages unless at an event, or within designated areas at city recreational or
cultural facilities where approval by the city has been obtained pursuant to this section, or through other authorization from the city.
   (Y)   Possess, set up, or use mechanical trains, rides, inflatable pools or other similar inflatable devices for other activities.
   (Z)   Set up or operate generators, or play amplified music.
   (AA)   Sell food, beverages or any items by vendors, or set up or operate concession stands except if authorized by the city.
   (BB)   Bring or provide animals for entertainment purposes, other than at facilities designated for animals in accordance with city regulations for said facilities.
   (CC)   Skateboard, rollerblade, roller skate, operate a Segway, hoverboard, motorized scooter or ride a bicycle whether or not motorized upon the sidewalk on the east side of Pompano Beach Boulevard or on city recreational or cultural facilities and any adjacent common areas.
   (DD)   Build or maintain a fire, or utilize any cooking device, equipment, or combustible devices containing fuel of any kind except in locations permitted and approved by the City Manager and/or his designee.
   (EE)   While in any park or recreational facility or cultural facility or upon park grounds willfully mark, deface, disfigure, damage, tamper with or displace or remove any tables, benches, cameras, public art, fountains, fireplaces, railings, electrical outlets or panels, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities, or appurtenances whatsoever, either real or personal.
   (FF)   Loiter in or around any restroom, dressing room, courtyard, outdoor shower, playground, or plaza located in city recreational or cultural facilities and any adjacent common areas.
   (GG)   Damage or remove plants or plant materials, trees or parts thereof, or any flowers or nuts or seeds whatsoever, except that park personnel may be empowered to make such removals and scientists and students of botany may be given special written permission by the city.
   (HH)   Make any excavations by tool, equipment, blasting or other means or agency, nor construct or erect any building or structure of whatever kind either permanent or temporary or run or string any public utilities into, upon, across, or over any park, cultural or recreation facility or lands, unless authorized by permit and easement.
   (II)   Build any fire against or adjacent to any park building, structure, tree or plant or adjacent to property of others or in any area of any park, except in such areas as are specifically designed for fire building, nor dump, throw or permit to be scattered, by any means, lighted matches, burning tobacco products or any other inflammable material within any park area or highway or road or street abutting thereto.
   (JJ)   Climb any tree or walk, stand or sit upon monuments, vases, fountains, railing fences, tables or upon any other property not designated or customarily used for such purposes, or otherwise lodge and store personal property on public property as prohibited in Chapter 131 of this Code.
   (KK)   Allow or provide access into the dog park to an unpermitted user who does not have an authorized key fob. The key fob shall only be utilized by the registered owner as defined in § 90.38.
   (LL)   Use any nicotine vaporizers as defined in § 115.30(A) of this Code within or upon any city parks, recreational, or cultural facilities.
   (MM)   For any adult 18 years or older to enter or remain in a designated play area as defined in § 98.01, unless the adult is supervising and/or accompanying children who are utilizing the play area.
   Penalties. Any person violating the provisions of § 98.02(B), (D), (E)(1) and (E)(2), (H), (I), (J), (P), (R), (V), (Y), (Z), (AA), (BB), (CC), (DD), (EE), (FF), (GG), (HH), (II), (JJ), (KK) and (LL) shall be deemed guilty of a civil infraction. During a one-year period, each violation of the above-referenced subsections of § 98.02 shall constitute a separate offense. Violations of the above-referenced section shall be punished as follows:
      (1)   For the first violation, by a civil penalty of $100.
      (2)   For a second violation, by a civil penalty of $150.
      (3)   For each additional violation, by a civil penalty of $250.
      (4)   Any person who fails to pay the appropriate civil penalty within the time allowed or who fails to appear in court to contest the citation shall be deemed to have waived his/her right to contest the citation, and judgment may be entered against the person for an amount not to exceed $500.
      (5)   In addition to the above penalties, an individual found to be in violation of section (KK) above for improper use of a key fob, shall be subject to a revocation of the key fob and prohibited from using the dog park for a period of one year from the date of revocation. Individuals may appeal the decision to prohibit use of the dog park according to § 90.38(D)(2).
      (6)   The city's Law Enforcement Officers and Park Rangers shall have the authority to issue civil citations to violators of this subsection.
(‘58 Code, § 33.042) (Ord. 713, passed 7-28-59; Am. Ord. 79-40, passed 3-27-79; Am. Ord. 81-78, passed 8-25-81; Am. Ord. 86-21, passed 12-3-85; Am. Ord. 91-42, passed 4-2-91; Am. Ord. 93-80, passed 9-28-93; Am. Ord. 97-12, passed 11-12-96; Am. Ord. 98-4, passed 10-14-97; Am. Ord. 99-13, passed 11-24-98; Am. Ord. 2001-54, passed 5-8-01; Am. Ord. 2001-67, passed 6-26-01; Am. Ord. 2001-74, passed 7-24-01; Am. Ord. 2002-08, passed 11-13-01; Am. Ord. 2003-14, passed 11-12-02; Am. Ord. 2005-49, passed 4-26-05; Am. Ord. 2009-37, passed 5-26-09; Am. Ord. 2012-03, passed 10-11-11; Am. Ord. 2012-12, passed 11-22-11; Am. Ord. 2014-27, passed 2-25-14; Am. Ord. 2019-02, passed 10-9-18; Am. Ord. 2019-109, passed 9-24-19; Am. Ord. 2022-25, passed 2-8-22; Am. Ord. 2022-33, passed 3-8-22) Penalty, see § 10.99
Cross-reference:
   Acts prohibited on city golf course, see § 98.33