§ 18-74. Definitions.  

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  • For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The pronouns "he" and "his" include the pronouns "she" and "her."

    Alcoholic beverage means distilled spirits and all beverages containing one-half of one (0.5) per cent or more alcohol by volume, including beer and wine. Medicines or drugs dispensed pursuant to a physician's prescription are excluded.

    Amplified sound and/or sound-emanating equipment means music, sound wave, vibration or speech projected or transmitted by electronic equipment, including, but not limited to, public address systems, amplifiers, horns and megaphones.

    Animal means any cat, dog, horse, fowl and living creature other than a human.

    Applicant means any person seeking a permit to use or conduct an activity in a park or recreation area or facility.

    At large. Any animal not under restraint while off the premises of the owner.

    City means the City of Lake Wales.

    City Commission means the governing body of the City of Lake Wales.

    City Manager means the chief administrative officer of the City of Lake Wales or his designee.

    Civic, educational or community service group means any not-for-profit group primarily devoted to the advancement of civic, educational or community service purposes.

    Community facility means a building owned, leased or otherwise controlled by the city which is open to the public for reserved use.

    Domestic animal. Any animal not deemed to be a wild or exotic animal pursuant to Florida Game and Freshwater Fish Commission regulations.

    Facility means any building or area owned, equipped and maintained by the city for public use.

    League means an organized group engaging in a team sport utilizing a specific facility on a regular scheduled basis whose participants pay a fee to participate or have sponsors.

    Limited membership group means denominational groups, partisan political groups, labor organizations and other such groups where membership is limited or not open to the general public.

    Nonrecurring use means infrequent use of a specific facility or the use of a facility on a special event basis (i.e., annual picnics, private parties or company-sponsored events).

    Organized play means six (6) persons or more engaging in a team sport athletic contest, such as, but not limited to, soccer, baseball, softball, football, basketball, or volleyball; this shall not apply for infrequent use.

    Park means all real properties owned or controlled by the city and designated on a map maintained in the office of the city clerk, regardless of the extent of development or official designation, which serve as picnic grounds, recreation areas, nature areas and public fishing waters. Use of the term "park" in this article generally refers to those parks which are not used for organized scheduled activities. Park facilities include, but are not limited to, open space play areas, picnic shelters or pavilions, park benches, bike trails, fishing piers, boat ramps, restrooms, etc. The term "park" also refers to urban open spaces such as the Downtown Marketplace which are maintained for public use. In accordance with the City's comprehensive plan, city parks are classified as follows:

    Mini-park: Mini-parks are small parks or landscaped areas of generally less than 1 acre in size. Often having playground equipment, benches and picnic tables, mini-parks are usually intended to serve sub-neighborhood areas. A typical service radius is less than one-fourth (¼) mile. Access is by foot or bicycle.

    Neighborhood park: Neighborhood parks are intended to serve an entire neighborhood. They generally range in size from one (1) to fifteen (15) acres. Development often included playgrounds, ball fields, multi-purpose courts, athletic fields, tennis courts, free play areas, etc. Access is also by foot or bicycle and the service radius is between one-fourth (¼) and one-half (½) mile.

    Community park: Community parks serve an entire town or community and generally range in size from sixteen (16) to one hundred (100) acres. Development includes those facilities found in neighborhood parks but may also include such facilities as athletic complexes, swimming pools, recreation buildings, and natural areas for walking, sitting, and picnicking. Access is generally by car. The service radius is two to three miles.

    Linear park: Linear parks are special parks developed along natural or man-made corridors for recreational modes of travel, such as horseback riding trails, bicycle trails, hiking trails and canoe trails. They have no size or standard service area. Some may be intended for local users, others with unique scenic or cultural features may attract users from a wide area.

    Permit means any written license issued by or under the authority of the city manager or the city commission permitting a use, event or activity in a park or recreation area or facility.

    Person means any individual, child, firm, association, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, and all other groups or combinations.

    Political activities means activities engaged in by candidates for public office, political groups, political parties or political committees.

    Professional association means a group formed by practitioners of a specific profession or occupation.

    Recreation commission means the citizen board established by section 2-161, Lake Wales Code of Ordinances.

    Recreation facility means a building, structure, field, court, or park which has organized recreational activities for teams and individuals or which provides active facility sites for non-organized leisure play. Recreation facilities include, but are not limited to, ballfields, tennis courts, shuffleboard courts, playgrounds and the Albert Kirkland Sr. Gymnasium.

    Recurring use means repeated use of a specific facility on a regularly scheduled basis (i.e., leagues, organized play, monthly meetings, etc.).

    Reserved use means exclusive, permitted use for one or more occasions.

    Resident means a person or the minor children of the person who owns or leases real property within the city limits or who maintains either a voting residence or bona fide occupancy within the city limits. For the purpose of assessing fees for use of city facilities, the term "resident" also includes persons who reside outside the city limits but are customers of the city's water utility.

    Service animal means any animal such as a seeing-eye dog or hearing-ear dog used to assist a person with a disability or an animal trained for law enforcement purposes and under the control of a law enforcement officer.

    Special event means an event that takes place on public property which, because of its scope and impact on surrounding areas and the potential need for provision of extra services by the city, requires a permit issued by the city manager in accordance with Chapter 14, Lake Wales Code of Ordinances. Special events include, but are not limited to, circuses, carnivals, festivals, parades and filming for commercial purposes. Events requiring the closure of a public street shall require the approval of the city commission. The location of a circus, carnival or other similar special event shall require the approval of the city manager.

    Vehicle means every device in, upon or by which any person or property may be transported or drawn upon a highway, excepting devices used exclusively upon station rails or tracks.

(Ord. No. 2006-48, § 1, 12-19-06; Ord. No. 2012-24, § 1, 12-4-12)