§ 78-76. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcoholic beverages shall mean and includes any beer, wine, fortified wine, liquor or alcoholic beverage defined in F.S. ch. 561.01(4).

Animal shall mean any mammal, reptile, amphibian, bird or invertebrate.

Applicant shall mean an individual or organization who sponsors an activity and/or who applies for a permit.

Closing hours shall mean that time period during which a park, recreational facility, and department managed lands is closed to the general public.

Commercial activity shall mean the sale, service or solicitation of any item for a set fee or donation, tangible or intangible, including, but not limited to, food and/or beverages; the charging of admission; the charging of fees for any service, entertainment or amusement.

Contracted services shall mean an arrangement for purchase of goods or services on a contractual basis.

Co-sponsor shall mean a mutual agreement providing leisure services in utilization of department managed lands or facilities between the parks and recreation director (county) or designee and an individual, group, or organization.

County shall mean the parks and recreation department acting on behalf of the Brevard County Board of County Commissioners.

Department shall mean the parks and recreation department of the county.

Department director shall mean the person appointed by the board of county commissioners to coordinate all park and recreation programs, parks, recreational facilities, and department managed lands.

Department managed lands shall mean a park, reservation, playground, beach, recreation center, refuge, sanctuary, conservation area and environmentally endangered lands or other area owned, leased, managed, operated or maintained by the county and devoted to active or passive recreation.

Designated area shall mean that geographical area which has been established by the department for a specific activity or activities within a park or recreation facility.

Environmentally endangered lands are environmentally unique, irreplaceable lands that are valued ecological resources and at risk of extirpation in the county.

Entertainment equipment shall mean, but is not limited to, moon walks, rock climbing walls, pony rides, dunking booths, ball crawls, kiddy trains, inflatables, and similar equipment used for the purpose of entertainment.

Fireworks shall mean and include any combustible or explosive composition or substance or combination of substances or, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation.

Law enforcement shall mean any governmental body which exercises jurisdiction over a park or recreational facility.

Material misrepresentation shall mean the falsification of information provided to request and/or obtain the use of a park, recreational facility or department managed lands.

Motor vehicle shall mean any vehicle, which is self-propelled and licensed by the state.

Motorized scooter shall mean any vehicle not having a seat or saddle for the use of the rider designed to travel on not more than three wheels, and not capable of traveling at speeds greater than 30 miles per hour on level ground.

Non-profit organization shall mean a not-for-profit tax exempt corporation, pursuant to F.S. ch. 617.

Not-for-profit organization shall mean a nonprofit charitable corporation, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual, and which has been held to be tax exempt under the provisions of sections 501(c)(3), (4), (7), (10), or (19) of the Internal Revenue Code of 1954.

Organized athletics shall mean any pre-arranged sport related game, contest, practice, clinic, competition, warm up, training, playoff, event, or activity.

Park includes a park, reservation, playground, beach, recreation center, refuge, sanctuary or other area owned, leased, operated or maintained by the county and devoted to active or passive recreation.

Permit shall mean a written document issued by the department granting permission for a specific activity.

Person shall mean an individual, group, and/or organization.

Public issue speech shall mean all speech and assembly protected by the First Amendment to the United States Constitution, as interpreted by case law; including, but not limited to, religious, political and philosophical speech and assembly as well as charitable solicitation for any purpose described in F.S. § 496.404(20) (2001), as amended.

Recreational facility shall mean any area devoted to active or passive recreation on property owned, leased, managed, operated or maintained by the county.

Recreation partner shall mean a group or organization which has a current recreation partner agreement with the board of county commissioners providing for nonexclusive use of a facility in order for the group or organization to provide recreation programs.

Recreational vehicle shall mean a unit designed as a temporary living quarter for recreational camping or travel use which does not include cars, boats, or conversion vans.

Security violation shall mean any activity, which results in an arrest by a certified law enforcement officer, resulting in the imposition, by a court of law, of a fine, imprisonment, probation and/or other criminal penalty. This term includes only those arrests which occurred during a permitted event and on the property of the park or recreational facility where such event is held.

Service animal shall mean an animal that is trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work done or tasks performed must be directly related to the individual's disability and may include, but are not limited to, guiding an individual who is visually impaired or blind, alerting an individual who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting an individual who is having a seizure, retrieving objects, alerting an individual to the presence of allergens, providing physical support and assistance with balance and stability to an individual with a mobility disability, helping an, individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors, reminding an individual with mental illness to take prescribed medications, calming an individual with posttraumatic stress disorder during an anxiety attack, or doing other specific work or performing other special tasks. A service animal is not a pet. The crime-deterrent effect of ail animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for purposes of this definition.

Special event shall mean an event characterized by one or more of the following: open to the public; anticipated attendance of 201 or more; requiring temporary closure of park roadways; and/or anticipated attendance exceeding facility capacity.

Sponsor shall mean an individual, group, or organization who vouches or is responsible for utilization of department managed lands or facilities. The sponsor may be the parks and recreation department.

Ultra-light aircraft shall mean any aircraft meeting the criteria established by part 103 of the Federal Aviation Regulations.

Vehicle shall mean any watercraft or wheeled conveyance, whether motor powered, animal drawn or self-propelled or any trailer in tow of any size, kind or description.

Vendor shall mean a person who provides food, beverage, products and/or services on a contractual basis at a parks and recreation sponsored function.

Weapon shall mean any dirk, knife, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt table knife.

(Ord. No. 96-31, § 1, 7-2-96; Ord. No. 98-53, § 1, 10-27-98; Ord. No. 08-12, § 6, 4-22-08; Ord. No. 2010-08, § 1, 3-23-10; Ord. No. 16-20, § 1, 10-4-16)

Cross reference

Definitions generally, § 1-2.