§ 16-43. Regulation of use and conduct at the beach, county parks, water bodies, and all recreational areas in unincorporated areas of Okaloosa County.

(a)

Overnight camping. Overnight camping is restricted to posted parks only. Otherwise it shall be unlawful to camp or leave non permitted items such as, but not limited to, collapsible structures, tents (including tent frames), umbrellas, sheds, trailers, etc. unattended overnight and/or those time periods during which the beaches, county parks, or recreational areas are closed.

(b)

Fires and fireworks. It shall be unlawful for any person, firm, corporation, or other legal entity to ignite any substance or material or to light or participate in the lighting of any fire between the vegetation line or mean high water mark (beach area), whichever is a greater distance from the water's edge, and the water's edge of the Gulf of Mexico in Okaloosa County, Florida. No person shall bring into, possess, or set off or otherwise cause to explode or discharge or burn any fireworks as defined herein in any county park or any other county owned or leased property unless approval has been granted by the board of county commissioners or their designee.

(1)

No open fires/flames are allowed at John Beasley Park, James Lee Park, Newman C. Brackin Park or the Okaloosa Island Pier. This includes but is not limited to sternos, Bar-B-Q grills, candles, tiki torches, fireworks, etc.

(2)

No fires are allowed in county public parks or recreation areas except in the grills and/or fire rings that have been provided by the parks division.

(c)

Fishing. It shall be unlawful for any person on property owned by Okaloosa County:

(1)

To fish in the Gulf of Mexico after having been warned by any law enforcement officer that the health and safety of bathers is being endangered; or

(2)

While on the beach to intentionally fish for sharks or to fish by those methods commonly known as "chumming" or "blood baiting."

(3)

Nothing in this section shall be construed to create a duty on the part of any governmental employee or agent to prevent fishing or to warn of the presence of sharks in the Gulf of Mexico.

(d)

Glass containers. No person, firm, corporation, joint venture, partnership, or other legal entity shall possess or utilize any glass or ceramic bottle or container in or on any public park, beach, or recreational area in the county.

(e)

Soliciting and canvassing. It shall be unlawful for any person to solicit or canvass within the boundaries or in front of at any county park, beach or recreation area, except those operating with a permit issued by the board of county commissioners or their designee.

(f)

Littering. It shall be unlawful for any person to discard or otherwise dispose or abandon any trash, garbage, bottles, containers, cans, dead fish or parts thereof, charcoal briquettes or ashes, or any other litter on the beach, county park or recreational area except in designated containers for that purpose. It is further unlawful to dispose of any household or commercial garbage on the beach, county park or any recreational area.

(g)

Obstructions on the beach. It shall be prohibited for all types of personal property, including by way of example and not limitation, canopies, cabanas, umbrellas and other shading devices, picnic tables, coolers, tiki huts, volleyball nets, hammocks, beach chairs, other furniture, tents (including tent frames), toys, towels, blankets and other personal articles to be left on the beach overnight or in such a manner that they interfere with beach maintenance, or cleaning, nesting turtles, emergency vehicles, or lifeguards' view of the water. It shall be prohibited for all types of personal property to remain on the beach from midnight and 7:30 a.m. Central Time (standard or daylight savings time, whichever is in effect).

There shall be a minimum setback of 25 feet from the gulf side of the dune on all public beaches on Okaloosa Island and James Lee Park for an emergency access lane.

(h)

Swimming, surfing, use of rafts, floats and other flotation devices.

(1)

The director of public safety or the Okaloosa County Sheriff shall have the authority to declare that a state of emergency exists and order the posting of double red flags prohibiting entry into the water. This shall apply to all county public beaches and beach access ways on Okaloosa Island and James Lee Park.

(2)

Following a declaration of a state of emergency for any portion of any water body in Okaloosa County including the incorporated areas, and the posting of double red flags prohibiting entry into the water, failure to comply with directions of lifeguards or law enforcement officers shall be a violation of Section 843.02, Florida Statutes, or other applicable statute. Those persons surfing as defined herein with a surfboard attached to the surfer by a leash are exempt from this article.

(3)

No person, firm, corporation or other legal entity except a lifeguard or other person actually engaged in a rescue attempt shall:

a.

Operate any watercraft, swim, bathe, surf, wade or dive within 150 feet of the Okaloosa Island Pier extending into the Gulf of Mexico on Okaloosa Island.

b.

Swim or bathe in violation of an order given pursuant to subsection (h) of this section.

(i)

Flag warning system.

(1)

A flag warning system shall be adopted by the board of county commissioners.

(2)

All county beaches as referenced in subsection (h)(1) and public access points to beaches leading to the Gulf of Mexico shall display a sign informing the public of the beach flag warning system, and hours lifeguards are on duty and notification that when lifeguards are not on duty swimmers shall swim at their own risk. The sign shall not be less than 24 inches wide and 30 inches long.

(3)

Beach vendors and contractors and other governmental entities are encouraged to post the beach flag warning system sign in a prominent place at their place of business. The sign shall be in color and not less than 24 inches wide and 30 inches long.

(4)

Beach lifeguards at county beaches, as referenced in subsection (h)(1), shall post the appropriate flags depicting current conditions at each designated beach from the second Saturday in March through the second weekend in October. Warning flags will be raised when lifeguards are on duty and actively guarding and will be lowered when lifeguards leave the beach daily.

(j)

Sound amplification. No audio device, such as but not limited to, loudspeakers, television, radio, compact disc, tape, record player, iPod, phone, computer, or musical instrument, except equipment used by law enforcement, rescue or beach safety personnel, shall be used on the beach, county park, recreational areas and water bodies in any manner, that can be heard by a person using normal hearing facilities, at a distance of 100 feet or more from the source of the sound except if permitted by a county sanctioned event, e.g., a concert or other event.

(k)

Removal of beach sand. No beach sand may be removed from the beach except for permitted construction under guidelines established by the county.

(l)

Removal of water. No water may be pumped from the Gulf of Mexico except for permitted construction under guidelines established by the county.

(m)

Animals. Animals are prohibited in county parks, beaches or other recreational areas with the exception of those used for assistance as a service animal in accordance with Section 413.08, Florida Statutes, or law enforcement.

(n)

Use of illegal drugs, alcohol and fireworks shall be prohibited in any county park, beach or other recreational area. The prohibition of the use of alcohol does not apply within the appropriately licensed establishments at the Island Pier, Newman C. Brackin Park and James Lee Park and any other establishment in a county park as approved by the board of county commissioners or its designee.

(o)

Disorderly conduct will not be permitted at any county park, beach or recreational area. It shall include but not be limited to profanity, fighting, and disturbing the public peace.

(p)

Abandonment. Any item generally used for boating, swimming, sunbathing, beach recreation, advertised or non-advertised sports activities and/or gatherings which remains unattended on the beach or county recreational areas for more than the permitted time, or during a time that is prohibited, shall be deemed abandoned. Abandoned items of personal property in violation of this article are hereby declared a public nuisance.

(q)

The use of trampolines or bounce houses may not be used on the beach or at any county recreational area.

(r)

Enforcement.

(1)

The sheriff department, Okaloosa County Public Works Parks Department, and Okaloosa County Public Safety Department are hereby authorized and directed to remove from the beaches and recreation areas items of personal property that are abandoned as provided in this article.

(2)

Abandoned items removed from beaches or recreation areas shall become property of Okaloosa County which shall dispose of the items in any legal manner it deems appropriate.

(Ord. No. 08-06, § 3, 3-18-08; Ord. No. 11-13, § 3, 9-20-11; Ord. No. 13-07, § 3, 1-22-13; Ord. No. 17-18 , § 1, 9-5-17)