~tacounty. Sarasota County Parks, Recreation and Natural Resources Rules and Regulations

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1 Policy Name: ~tacounty Sarasota County Parks, Recreation and Natural Resources Rules and Regulations Commercial Recreation and Tour Operator (CRTO) Non-Motorized Water Vessel Access Number: Authority: Board of County Commissioners - August 26, 2014 Adopted: 1/17/14 Approved By: Carolyn Brown, Director Revised: 3/7/17 Signature: / ) Version: 4 Date: 3)8'} 1? Pages: 7 Reviewed By: Nicole Rissler, Deputy Director of Operations Signature/Date: A. Purpose: Define the rules and regulations for CRTOs launching non-motorized vessels within county parks. B. Objective: To define clear site usage guidelines for CRTOs, both for-profit and not-for-profit, in order to provide equal and fair access to all users, including the general public, while protecting our natural resources. C. Authority/ Supporting Policy: Sarasota County Code of Ordinances, Chapter 90 - PARKS, RECREATION AND PUBLIC LANDS, Sec 'Fees for use ofpublic recreation areas, beaches, public beach parks and public natural areas' provides County Parks and Recreation the authority to charge fees for entrance, admission, facility usage, and space rental. D. Background: The use of non-motorized water vessels, such as kayaks and canoes, has become very popular for the general public and has created a demand for CRTOs. Certain launch sites within Sarasota County are very desirable locations for CRTOs, and as such, it has been determined that site specific rules and guidelines will aid in site management, natural resource protection and fair and equal site access for all users. E. Definitions Commercial Recreation and Tour Operator ("CRTO"): any person who provides launches of nonmotorized water vessels tours, water vessel rentals, lessons or offers any other type of eco-tourism activity or programs from any Sarasota County owned or operated park, beach or other property, and accepts compensation for such activity; any person who rents non-motorized water vessels for pick up at a Sarasota County owned or operated park, beach or other property. Non-Motorized Vessel: water vessels propelled by paddles, or oars such as canoes, kayaks, rowing boats, paddleboards, inflatable boats, rafts, sculls, dories and driftboats. Guide Vessel: non-motorized water vessel used by CRTO employee to guide a tour or provide a lesson for customers. Page 1 of7

2 F. Procedure 1. Permit Application: a. Any CRTO wishing to launch non-motorized water vessels, or provide water vessel rentals, lessons and programs from Sarasota County Parks, Recreation and Natural Resources launch areas must complete a permit application annually and pay the appropriate permit fee. b. Permits expire on March 31 of each year. c. Registration is non-transferable. d. With the completed permit application, CRTO must provide: i. A certificate of insurance evidencing Commercial General Liability coverage with limits not less than $1,000,000 each occurrence, and naming Sarasota County Government as an additional insured. ii. The policies of insurance shall be primary and written on forms acceptable to the County and placed with insurance carriers approved and licensed by the Insurance Department in the State of Florida and meet a minimum financial AM Best Company rating of no less than "A- Excellent: FSC VII." iii. Names and addresses of employees or agents acting on behalf of the registered company at launch locations. e. Any CRTO that does not complete the permit application, provides false information, does not supply or maintain current appropriate documentation, and/or whose permit has expired, will not be permitted to launch vessels from Sarasota County Parks, Recreation and Natural Resources launch areas. 2. General Tour Scheduling: a. Launch limits, fees and scheduling have been developed and are incorporated herein. b. Individuals not part of a tour/commercial rental, are not required to register, preschedule launches or pay any fees and may launch at any time. 3. Equipment: a. All CRTOs must provide appropriate safety equipment as required by all applicable Local, State and Federal laws and/or ordinances. b. All vessels, personal floatation devices, paddles, and additional equipment must remain in good condition at all times. c. CRTO name must be clearly visible on all vessels. d. Tour guides must have U.S. Coast Guard approved visual and auditory signaling device(s). e. All CRTOs must provide a safety orientation briefing to all guests prior to the start of any tour/rental. 4. Fees and Charges: a. Upon applying for a permit to launch a water vessel, CRTOs shall be required to pay a permit fee. b. All CRTO vessels launching from a designated park must have a medallion securely attached prior to launching, during all time on the water, and upon return to the launch. The only exception to the medallion requirement for CRTO vessels is for the vessel being used by a guide during the tour. c. CRTOs are to maintain an up-to -date list of guides employed by their company. Upon registration, CRTOs must provide this list to Sarasota County. Updates to the list must be Pagel of7

3 submitted in writing prior to the guide launching or performing any services on behalf of the CRTO. d. CRTOs requesting an exception to item b., above, for special tours, such as a non-profit event or school outing, must provide this request, in writing, to Sarasota County Parks, Recreation and Natural Resources a minimum of two weeks prior to the event date. e. Sarasota County Parks, Recreation and Natural Resources will evaluate the request and will provide a written response noting acceptance or denial of the exception. 5. General Site Requirements: a. CRTOs shall provide a briefing to all guests prior to any tour or rental, to include an overview of proper environmental interaction, safety guidelines and applicable laws, such as: i. Adherence to the ethical eco-tourism guideline of "Leave only footprints, take only pictures." ii. Prohibition against feeding, touching or disturbing any plant, wildlife or habitat. iii. Prohibition against gathering, trimming or removing any vegetation. iv. Fishing pursuant to Federal, State, and local guidelines is permissible only with a valid Florida Fishing License. v. Identification of appropriate public locations to explore, moor, beach and picnic; reminder to avoid private property. b. CRTOs are responsible to clean up after themselves, their employees and guests. c. CRTOs must launch from the designated launch area(s) only. d. The launch area(s) must remain clean, hazard-free and safe at all times. e. CRTOs may not leave unattended vessels on shore before, after or in-between tours. All vessels must be returned to a trailer that is parked within the designated trailer parking area or to a designated staging area. f. CRTOs are required to stage vessels as outlined by onsite management. g. CRTOs are not to interfere with the use and/or enjoyment of any Sarasota County park and/or beach by the general public. h. CRTOs are not permitted to trim, alter or remove any vegetation on park property or within the mangrove tunnels. i. CRTOs and CRTO staff may not engage in profane, rude or aggressive behavior towards other CRTOs, park visitors, or Sarasota County or City staff. j. While conducting CRTO activities at any Sarasota County park, the CRTO and CRTO staff shall refrain from drinking alcoholic beverages. k. CRTOs must abide by all applicable laws and ordinances regarding the proper treatment of water, land and animals on the site and in the surrounding areas. I. Unless otherwise designated, no dogs or animals are allowed, except for service animals. 6. Terms and Conditions: a. Registration does not convey any contract or exclusive rights to the CRTO, or any obligations on behalf of the County to the CRTO. b. The CRTO and CRTO staff must comply with all relevant City and County ordinances and regulations. c. CRTOs are prohibited from: i. Solicitation of any kind, including canvassing, verbal call-outs, give-a-ways, or requesting sign-up for any membership or marketing/ distribution list; ii. Discussion of another company's offers, costs, schedule in an effort to undermine competitors; Page 3 of7

4 iii. Displaying signs, banners, or other advertisements for the purpose of soliciting business on property owned or managed by Sarasota County. Logos and signs painted on or attached to vehicle bodies are permissible, provided they are permanently affixed to said vehicle; and iv. Canvassing the park with any brochures, flyers, or other promotional literature. 7. Recording and Reporting: a. CRTOs must maintain a record of each client's name, local contact number and kayak identification number to aid with locating the client in the event of an emergency. b. Rental vessel clients must be provided with a map of the adjacent water area, clearly depicting all Water Activity Zone Areas, known hazards and off limits areas, reinforcing that any violations may result in a citation and/or injury. c. If a client reports an injury or accident to a CRTO or if a CRTO is aware of an injury or accident that requires medical services incurred at any time while at the County park, during launching, paddling or beaching, in addition to alerting the proper medical respondents the CRTO shall file an accident report with the County Park Ranger within 24 hours of notification of the injury or accident. If the Park Ranger is not onsite, the CRTO shall contact PRNR staff or the County Contact Center at to report the injury or accident. d. CRTOs shall keep a record of all accident reports for two (2) years after each event; all records shall be available to Sarasota County personnel during regular business hours. 8. Violations/Permit Revocation: a. The County reserves the right to perform inspections and/or reviews with or without advanced notice. These inspections and/or reviews may be for any or all aspects related to the Sarasota County Parks, Recreation and Natural Resources Rules and Regulations regarding Commercial Recreation and Tour Operators Non-Motorized Water Vessel Rules and Regulations, including but not limited to safety issues, fee payments, adherence to tour scheduling, and insurance requirements. Violation of any aspect of the Non-Motorized Water Vessel Rules and Regulations may result in suspension or revocation of the permit. b. With regard to safety, the County or any other officer with authority to enforce Local, State or Federal law, has the right to terminate any tour or individual kayak rental if there is a violation of safety requirements. c. If a CRTO or its agent violates the Non-Motorized Water Vessel Rules and Regulations the following actions will occur: i. First Notice of non-compliance with the Non-Motorized Water Vessel Rules and Regulations and Regulations in a one (1) year period from first incident date: CRTO is provided notification of violation and violation must be corrected prior to resuming launches. ii. Second notice of non-compliance with the Non-Motorized Water Vessel Rules and Regulations in a one (1) year period from first incident date: Violation shall be evaluated by the County for an appropriate and reasonable sanction, up to and including suspension or revocation of the registration. CRTO is provided notification of violation and violation must be corrected prior to resuming launches. iii. Third Notice non-compliance with the Non-Motorized Water Vessel Rules and Regulations in a one (1) year period from first incident date: The Commercial Recreation and Tour Operator's registration may be revoked. Violation must be corrected prior to resuming launches. Page 4 of7

5 iv. Depending on the severity of the non-compliance or violation, Sarasota County reserves the right to, at its sole discretion, revoke permit immediately, regardless of whether or not the CRTO had any other violations. v. The determination that a violation will result in suspension or revocation or permitted activities may take into consideration the facts and circumstances of the individual situation, including, but not limited to, the following: 1. The gravity of the alleged violation; 2. The CRTO's refusal to conform to any verbal requests or warnings to desist or cease the violation; 3. Any previous violations committed by the CRTO; or 4. The harm or potential harm to the public or public property by the CRTO's actions. d. A CRTO whose permit is revoked pursuant to this section must immediately cease all business operations at any park location, and may reapply for the following year. e. A CRTO may appeal a violation, notice of suspension or revocation in writing to the Director of Parks, Recreation and Natural Resources. The appeal must be received within 15 days of the violation, suspension or revocation notice issuance. f. Fees for suspended or revoked permits will not be refunded. g. Failure to follow park guidelines may result in trespass. Page 5 of7

6 APPENDIX A SITE SPECIFIC GUIDELINES AND REQUIREMENTS In addition to the Rules and Regulations set forth in the Non-Motorized Water Vessel Rules and Regulations, Ted Sperling Park at South Lido Beach has specific guidelines and requirements. Failure to comply with these site specific guidelines and requirements may result in actions as set forth in Item 8, Violations/Permit Revocation of the Non-Motorized Water Vessel Rules and Regulations. South Lido Beach, including Ted Sperling Park Nature Park at South Lido Beach As part of South Lido Beach, Ted Sperling Nature Park at South Lido Beach features a non-motorized water vessel launch that provides access to Sarasota Bay, Brushy Bayou and the South Lido Mangrove Tunnels. Due to the ease of kayaking/ canoeing in the bayou and access to the tunnels, Gulf of Mexico and overall site properties, this location has become very popular with kayak/ canoe tour operators and individuals alike. The location has restroom facilities, twenty-seven paved parking spaces, two of which are designated as handicap parking, and two are designated as short-term loading/unloading parking spaces. Additionally, there is a 150' wide by 51' deep grass section informally designated as parking for vehicles with trailers. Commercial Recreation and Tour Operators wishing to launch from South Lido Beach are only permitted to launch at the designated launch space located at Ted Sperling Nature Park, 190 Taft Road. Commercial Recreation and Tour launching from the any other area at South Lido Beach is prohibited. 1. General: a. Park is open from 5 am to Midnight. b. Park Ranger is on-site during varying hours. c. This is a county owned park within the City of Sarasota, and therefore County park rules and City of Sarasota Codes and ordinances apply to all CRTOs and park visitors. d. Commercial launches may occur only between 9:00 a.m. and 11:00 p.m., seven days per week. e. Commercial operators are permitted to launch from the designated launch area at the Nature Park at Ted Sperling Park, located at 190 Taft Drive. CRTOs are prohibited from launching tours or rentals for any other location within South Lido. f. CRTOs may unload equipment for scheduled tours or rentals only. The vessels may be placed in the launch area no earlier than 40 minutes before a tour/rental and must be removed from the launch and stored on /in the CRTO trailer or vehicle no later than 40 minutes after completion of the tour/rental. g. CRTOs must remove all equipment and leave the park within 90 minutes of the return of their last scheduled tour or rental. h. All CRTO vessels in the launch area must have a medallion attached in an easily visible location with the wording on the medallion unobstructed. Medallions must remain on the vessel during the entire time of their use from launching, during all time on the water and upon return. i. CRTOs may use the kayak/canoe wash area. However, no soaps or chemicals of any kind may be used. Immediately after cleaning, the vessels are to be properly stored on a trailer or vehicle and may not remain in the wash area. j. No motorized water vessels are allowed to launch from Ted Sperling Park. k. CRTOs shall provide launch numbers to the Park Ranger prior to the scheduled launch or rental. If the Park Ranger is not onsite at the time of arrival, launch information must be written and deposited into the box attached to the restroom building or ed to the Park Page 6 of7

7 Ranger or such other address as may be designated by Sarasota County from time to time. I. Guests are welcome to take pictures of themselves, their friends and family, their group, and the scenery in general, for their own personal use. No one is permitted to take photographs of others who object, or which are harassing, stalking, or threatening. Image taking or recording is strictly prohibited, under all circumstances, in bathrooms, changing rooms, and locker areas. m. CRTOs are prohibited from selling any items other than non-motorized vessel rentals or tours, as contemplated by this program. n. CRTO may not secure 190 Taft Drive, Ted Sperling Park, or South Lido Beach on Google Maps, or similar applications. 2. Parking: a. CRTOs may use one (1) trailer parking spot within the CRTO parking area per day, as spaces are available and on a first come - first served basis. b. CRTOs may not park vehicles related to their business (trailers, trucks, vans, guide's vehicles) in the paved parking lot on the east side of the park or in any other undesignated space within the park. c. CRTOs may leave one trailer, detached from a tow vehicle, in the park, during normal park hours for no more than 2 hours, regardless if the CRTO or CRTO staff is onsite (including on the water). 3. Permit Fees: a. Permits for CRTOs are $ per vessel per year. 4. Tour Scheduling: a. CRTOs may launch the lesser of sixteen (16) vessels per guide per launch or other such maximum ratio that that may be imposed under any insurance policy covering CRTO. Guide vessels, carrying guides only, are not included in the sixteen count. b. Launches shall depart approximately every 20 minutes. c. Additional launch times may be accommodated based on launch schedule and site usage. Page 7 of7

8 APPENDIX B SITE SPECIFIC GUIDELINES AND REQUIREMENTS In addition to the Rules and Regulations set forth in the Non-Motorized Water Vessel Rules and Regulations, Turtle Beach Park has specific guidelines and requirements. Failure to comply with these site specific guidelines and requirements may result in actions as set forth in Item 8, Violations/Permit Revocation of the Non-Motorized Water Vessel Rules and Regulations. Turtle Beach Park Turtle Beach Park is a unique multi-use park that offers beachfront water access as well as launches for motorized and non-motorized vessels in Blind Pass Lagoon. A recent renovation of the park added paved and unpaved parking and a playground, and also improved the non-motorized vessel launch adjacent to vehicle parking along the Lagoon. From Blind Pass Lagoon, vessels can explore Little Sarasota Bay, Jim Neville Marine Preserve and adjoining areas. Across the Lagoon, adjacent to the unpaved trailer parking area, there are motorized vessel launches as well as a tree-lined beach shoreline commonly used for non-motorized vessel launches. This area is available for permitted commercial launches, as well as for use by private park visitors. Commercial trailer parking spaces have been designated and marked next to this launch area for use by CRTOs only on a first available basis. Up to five (5) CRTOs may utilize the designated parking facilities at any one time. Unless otherwise authorized by the on-site Ranger, trailers must be disconnected and parked in designated areas in front of the non-motorized launch site. Tow vehicles must park in the designated parallel parking area to the south of the launch (one vehicle per CRTO). CRTOs must take care to ensure the drive area within the commercial launch is clear and accessible. The area immediately in front of the launch, between designated CRTO trailer parking spaces, is designated for pedestrian use only. Turtle Beach Park contains restroom facilities, a community room, and paved and unpaved parking which is shared by all users of the Park on a first come, first served basis. 1. General: a. Park is open from 6am to Midnight. b. Park Ranger is on-site during varying hours. c. CRTOs permitted to launch at Ted Sperling Nature Park are also permitted to launch at Turtle Beach Park. When launching at Turtle Beach Park, CRTOs shall adhere to the sitespecific guidelines and requirements established in this Appendix B. d. Activity within this Park is governed by Sarasota County Code and other applicable law. e. Commercial operators are permitted to launch from either non-motorized launch site but are encouraged to utilize the designated commercial launch site whenever possible. f. CRTOs may unload equipment for scheduled tours or rentals only. The vessels may be placed in the launch area no earlier than 40 minutes before a tour/rental and must be removed from the launch and stored on /in the CRTO trailer or vehicle no later than 40 minutes after completion of the tour/rental. g. CRTOs must remove all equipment and leave the park within 90 minutes of the return of their last scheduled tour or rental. h. All CRTO vessels in the launch area must have a medallion attached in an easily visible location with the wording on the medallion unobstructed. Medallions must remain on the Page 1 of 2

9 vessel during the entire time of their use from launching, during all time on the water and upon return. i. CRTOs may use the rinse hose adjacent to the launch area. No rinse rack is available at this location. No soaps or chemicals of any kind may be used. Immediately after cleaning, the vessels are to be properly stored on a trailer or vehicle and may not remain in the wash area. j. Motorized vessels are permitted to launch from the docks on either side of the nonmotorized launch area. CRTOs shall acquaint themselves and their Guides with the launch arrangement and shall take all possible precautions to avoid launching or returning nonmotorized vessels while the motorized launches are in use, or while motorized vessels are in proximity of the launches. In addition, CRTOs shall impress this safety requirement upon their rental and tour customers. k. CRTOs shall provide all launch numbers and times by to crtoprogram@scgov.net, prior to each scheduled launch. l. Guests are welcome to take pictures of themselves, their friends and family, their group, and the scenery in general, for their own personal use. No one is permitted to take photographs of others who object, or which are harassing, stalking, or threatening. Image taking or recording is strictly prohibited, under all circumstances, in bathrooms, changing rooms, and locker areas. m. CRTOs are prohibited from selling any items other than non-motorized vessel rentals or tours, as contemplated by this program. n. CRTO may not secure 8918 Midnight Pass Road, Turtle Beach Park, or Turtle Beach on Google Maps, or similar applications. 2. Parking: a. Five (5) trailer parking spaces are available in front of the commercial launch area, and are designated for detached trailer parking only. b. Five (5) parallel parking spaces are designated on the south side of the commercial launch area, and one space is available for each CRTO once trailer is detached. These spaces are intended for use in tandem with the trailer parking spaces in front of the commercial launch area. i. CRTOs are prohibited from using either parking area with trailer attached. ii. No other parking is available for CRTOs within Turtle Beach Park. iii. In the event that all five designated spaces are occupied, CRTOs may use a drop-off business model or wait for space to become available. c. CRTOs may not park vehicles related to their business (trailers, trucks, vans, guide s vehicles) within the park. d. CRTOs may not leave detached trailers in the park unattended. 3. Permit Fees: a. The initial program permit for CRTOs is $ per vessel for the initial program period of July 1, 2017 March 31, This rate is subject to change. $ permits may be utilized for launches at Turtle Beach Park only. 4. Tour Scheduling: a. CRTOs may launch the lesser of sixteen (16) vessels per guide per launch or other such maximum ratio that that may be imposed under any insurance policy covering CRTO. Guide vessels, carrying guides only, are not included in the sixteen count. b. Launches shall be scheduled at intervals of not less than 15 minutes. Additional launch times may be accommodated based on launch schedule and site usage. Page 2 of 2