Tarpon Springs Ordinance 2019-05 Page 8

Page 8ordinance 2019 05 In Tarpon Springspup 3033professorintroduction

Ordinance in Tarpon Springs PUP 3033 Professor Introduction The national government constitutionally gives both the state and the local governments the mandate to make and at the same time amend laws concerning their respective jurisdictions. The focus of this research paper is on the move to approve ordinance that seeks to make specific changes to the city code of ordinances, Chapter 25.5: - parks and recreation by regulating the activity on public land and city parks. This issue was legislated by the city council of Tarpon Springs, Florida.

Issue The state and local government have the authority to either make or amend laws. In this discussion, the case study focuses on an ordinance of the City of Tarpon Springs to delete recreation card requirements.

The purpose of the ordinance was to preserve and protects public land and parks in the city. However, there is a proposal to update the ordinance and create legal and regulated means for allowing and recognizing any potential commercial activity in the parks. Consequently, such activities that may occur on the city's public land and parks shall face scrutiny and licensing requirements as part of a deliberate effort to promote compliance on diverse measures of public interest. These measures include adherence to health standards, safety requirements, and advancing the welfare of its citizens, residents, and visitors. The proposed ordinance will require a franchise or a license agreement granted by the city for; “Retail and wholesale of food, beverage or any other products; Vendor, vending or caterer operations; Rental of any products or equipment, such as chairs, bicycles, umbrellas, blankets, kayaks, jet skis, sailboats, motorized and unmotorized boats; Recreation programs, including camps, schools, athletic teams, yoga, karate, aerobics or any other exercise classes or athletic instructions†(Smith and Dolan).

The process of removal of recreation card requirements involves the deletion of article 1, “chapter 12.5:-parks and Recreation of the state constitution of the City of Tarpon Springs, which acts as a guideline for commercial activities on public land use of city parks†(Smith and Dolan). Currently, the code of ordinances of the city of Tarpon Springs requires permits for recreation uses in the city parks. The Board of Commissioners intends to update the code of ordinance in a manner that captures the operations and expectations of the city’s division that manages recreation matters. Moreover, the board also desires to update this code so that it can reflect the policies of the recreation division.

Other desires that the board desires to make are: to apprise those Code of Ordinances in a way that effectively addresses commercial activities that occur in the city parks and public land, which may not be sanctioned; to offer and facilitate the promotion of health practices in park activities, ensure the welfare of the public in such spaces, and protect the welfare of the citizens and visitors in such recreational facilities; and finally, to create a mechanism that allows for regulation and legally binding techniques for the recognition and regulation of businesses and other activities to promote the welfare of citizens and visitors in such public parks and lands in the City of Tarpon Springs.

Background of the study The history of the case study begins with the fact that for the preservation of the parking space, people should use recreation cards for them to access the city parks. Though these permits, the city authorities could monitor the usage of the public facilities and identify the users of such facilities for record purposes and further follow-up where necessary. However, this requirement is set for deletion to accommodate other changes that the city intends to incorporate in the management and handling of parks and public spaces. The deletion shall encourage the usage of recreational parks and public land while enforcing the impartibility aspect of these public resources Additionally, one of the main agenda for the deletion of this requirement is to promote the identification and regulation of commercial undertakings that operate and utilize spaces in public parks and land.

Such recognition of these facilities is helpful for accountability purposes in the use of these public spaces (American Water Works Association). Furthermore, these businesses and commercial activities can generate license fees and taxes to the authorities. The deletion and the subsequent amendments empower the city with the capability of monitoring the activities of the users in parks as a way of ensuring compliance with the set regulations and policies on peoples’ welfare, health, and safety. Additionally, there have been cases of unscrupulous traders who infringe public parks and land with the aim of defrauding people and committing other atrocities. Therefore, the requirements that form part of the amendments in the ordinance aim to preserve the public lands and parks for the best interest of the public.

Laws The laws applicable to the case study are article 1 section 12.5-6 titled “Commercial Activity on Public Land and Use of City Parks,†which shall have the amendment incorporating the need for franchising and licensing of commercial activities operating in public spaces within the law’s jurisdiction (Smith and Dolan). Additionally, Article VIII of the constitution of Florida is an applicable law in this study. The article confirms the formation of local government authorities and empowers them to make by-laws and rules that govern their jurisdictions, which should be consistent with the constitution and other federal laws (Drake). Moreover, there could be issues and considerations in making the amendments, which should be consistent with the bill of rights.

To avoid arguments and contradictions that may emanate from the restriction on the usage of public parks and land, a review of the bill of rights is essential to ensure consistency and compliance with its provisions on equality. Stakeholders One of the stakeholders in this case study is Mark LeCouris, who is the city manager. Being the person in charge of city affairs, LeCouris has the responsibility of ensuring that the citizens and visitors in the area have the best services and experience the city in a positive way. Craig Dolan, who is the recreation superintendent, is another stakeholder whose docket experiences the direct impact of the amendments. Craig shall work have to work closely with the city management in ensuring the compliance of recreational division policies that extend the commercial use of public land and parks.

Additionally, the mayor is a stakeholder because he is one of the signatories in the approval of the ordinance and has to ensure the protection of public interest to assent the amendments. The board of commissioners join as stakeholders in this legal process through their recommendations for the ordinance. The board members set policies and carry out an oversight role in the legislative process. Stakeholder Perspectives Expert Interview For this project, I interviewed Paul Smith, the Public Services Director of City of Bradenton, Florida. He thinks my points of this case study are good.

He would add one more reason to approve this ordinance: risk management (for the City). What he means is that unless the City is aware of the activities that are occurring through an organized process that requires proof of insurance, we cannot reliably have the coverage needed to protect the City in the event of an accident or injury claim resulting from activities in our parks. That is very impartial for a city board that is supposed to make recommendations to the elected officials, not to mention proper record keeping by the city. That is very impartial for a city board that is supposed to make recommendations to the elected officials, not to mention proper record keeping by the city. Recommendation The welfare of the people regarding health and safety should be the main concern. Therefore, the City of Tarpon Springs Board of Commissioners should amend SECTION 1, Chapter 12.5 that addresses the “Commercial Activity on Public Land and Use of City Parksâ€.

Effective and efficient commercial activities on public resources come as a result of efficient ploys put in place by those in authority. Additionally, accountability and transparency result when the authorities keep proper records and account for all activities that they carry out. Consequently, the city should proceed to amend the ordinances and delete the obsolete assertions to pave way for the new effective management of the parks and public land (Blue). These amendments shall benefit the residents and visitors by offering some level of guarantee about their safety, welfare, and health. The issues of franchising and licensing will play an important role in ensuring that residents are protected against the unauthorized commercial activities that might take advantage of the ones who have not yet been informed regarding recreation places and public lands.

This, therefore, means that the overall supervision and the management of the city are very important, more so when the protection and the usage of public land, that is taken into account. This will help to prevent the implications that might come up regarding the traders who might want to carry on their businesses in a dishonest way. Finally, the city should ensure it incorporates its laws and makes reference to other relevant laws regarding the matter. For instance, the city should comply with the bill of rights in licensing and franchising to ensure transparency and equality of opportunity among all people who carry out commercial activities.

References

• American Water Works Association. "Law and Water--Impact Fees Found Arbitrary; Tarpon Springs v. Tarpon Springs Arcade, District Court of Appeal of Florida, July 26, 1991, rehearing denied Sept. 18, 1991 (AWW/04/Ju.-$10)." Journal-American Water Works Association 84.
• Blue, Jeanie. "Stellar Crowd Honors Dr. King At Leadership Awards Breakfast." (2010).
• Carter, Luther J. The Florida experience: BLUE, JEANIE. "Stellar Crowd Honors Dr. King At Leadership Awards Breakfast." (2010).
• Land and water policy in a growth state . RFF Press, 2013.
• Drake, Ian J. "Making Modern Florida: How the Spirit of Reform Shaped a New State Constitution by Mary E. Adkins." Journal of Southern History 84.
• Kensler, Lisa AW, and Cynthia L. Uline. Leadership for green schools: Sustainability for our children, our communities, and our planet . Routledge, 2016.
• Smith, Paul, and Dolan, Craig. Memorandum: Ordinance ; Commercial Activity on Public Land Including City Parks Memorandum Date: February 26, 2019 To: Honorable Mayor and Board of Commissioners Through: Mark LeCouris, City Manager From: Paul Smith, Public Services Director Craig Dolan, Recreation Superintendent Subject: Ordinance ; Commercial Activity on Public Land Including City Parks
• Additional legal and policy sources relevant to municipal regulation and public land management.
• Florida Statutes, Chapter 125 (Local Government Comprehensive Planning and Land Development Regulation Act).
• American Planning Association. "Planning & Parks. Citizen Engagement in Local Park Planning." Journal of Urban Planning, 2020.