PAGE 8 Ordinance 2019-05 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 2019-05 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 prot.

1. PAGE 8
Ordinance 2019-05 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
2019-05 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

2. 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

3. 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

4. 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

5. 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.
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 Parks”. 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

6. 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 84.6 (1992).
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 84.1 (2018): 217-218.
Kensler, Lisa AW, and Cynthia L. Uline. Leadership for green
schools: Sustainability for our children, our communities, and

7. our planet. Routledge, 2016.
Smith, Paul, and Dolan, Craig. Memorandum: Ordinance 2019-
05; 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 2019-05; Commercial Activity on Public
Land Including City Parks
Recommendation
Approve Ordinance 2019-05 to make specific changes to the
City Code of Ordinances, Chapter
12.5: - Parks and Recreation regulating activity on public land
and City parks.

8. Background
The Code of Ordinances of the City of Tarpon Springs currently
requires recreation permits for
individuals actively using City parks. While this requirement
was based in preserving park space for
use, it is recommended that the requirement be deleted for
several reasons, including the need for
overall encouragement of recreational park usage and the
impracticability of enforcement.
Additionally, there is a need to better address commercial
activity that is not sanctioned by the City
occurring on public land and in City parks. This Ordinance is
proposed to update and create a legal
and regulated means to allow and recognize any potential
commercial activity that occurs on public
land and in City parks in order to provide for the health, safety,
and welfare of its citizens, residents,
and visitors.
Per this proposed ordinance, the following commercial
activities on any public lands (including parks)
owned by or dedicated to the City would require a franchise or
license agreement granted by the City:

9. (1) Retail and wholesale of food, beverage or any other
products;
(2) Vendor, vending or caterer operations;
(3) Rental of any products or equipment, such as chairs,
bicycles, umbrellas, blankets, kayaks,
jet skis, sailboats, motorized and unmotorized boats;
(4) Recreation programs, including camps, schools, athletic
teams, yoga, karate, aerobics or any
other exercise classes or athletic instructions.
The ordinance provides for an exemption through special
permitting, such as the special events
process.
ORDINANCE 2019-05
AN ORDINANCE OF THE CITY OF TARPON
SPRINGS, FLORIDA, AMENDING CHAPTER 12.5:
- PARKS AND RECREATION, ARTICLE 1 - IN
GENERAL, SECTION 12.5-6 – DELETING THE
RECREATION CARD REQUIREMENT AND

10. REQUIRING A FRANCHISE OR LICENSE
AGREEMENT FOR COMMERCIAL ACTIVITY ON
PUBLIC LAND AND USE OF CITY PARKS;
PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF TARPON
SPRINGS, FLORIDA; AND PROVIDING FOR THE
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Code of Ordinances of the City of Tarpon
Springs currently requires
recreation permits for recreation uses in City parks, however,
city staff has recommended that that
requirement be deleted; and
WHEREAS, the Board of Commissioners of the City of Tarpon
Springs desires to update
the Code of Ordinances to better reflect the policies of the
Tarpon Springs Recreation Division; and
WHEREAS, the Board of Commissioners of the City of Tarpon
Springs desires to update
the Code of Ordinances to better address commercial activity
that is not sanctioned by the City
occurring on public land and in City parks; and
WHEREAS, the Board of Commissioners of the City of Tarpon
Springs desires to provide
for the health, safety, and welfare of its citizens, residents and

11. visitors; and
WHEREAS, the Board of Commissioners of the City of Tarpon
Springs desires to update
the Code of Ordinances to create a legal and regulated means to
allow and recognize any potential
commercial activity that occurs on public land and in City parks
in order to provide for the health,
safety, and welfare of its citizens, residents, and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF
TARPON SPRINGS
THAT:
SECTION 1. That Chapter 12.5: - Parks and Recreation, Article
I – In General, Section 12.5-6,
shall hereinafter be amended to read as follows:
ARTICLE I – IN GENERAL
§12.5-6. – COMMERCIAL ACTIVITY ON PUBLIC LAND
AND USE OF CITY
PARKS.
(a) The following commercial activities on any public lands
owned by or dedicated
to the City or any parks located in the City are prohibited,

12. except for any commercial
activities performed under a franchise or license agreement
granted by the City or
any business conducted by the City:
(1) Retail and wholesale of food, beverage or any other
products;
(2) Vendor, vending or caterer operations;
(3) Rental of any products or equipment, such as chairs,
bicycles, umbrellas,
blankets, kayaks, jet skis, sailboats, motorized and unmotorized
boats;
(4) Recreation programs, including camps, schools, athletic
teams, yoga,
karate, aerobics or any other exercise classes or athletic
instructions.
(b) Notwithstanding the prohibitions set forth in subsection (a)
of this section, the
city manager or his designee may suspend the operation of this
section through the
issuance of a special permit.
SECTION 2. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed to
the extent of such conflict.

13. SECTION 3. In the event a court of competent jurisdiction finds
any part or provision of this
Ordinance unconstitutional or unenforceable as a matter of law,
the same shall be
stricken and the remainder of the Ordinance shall continue in
full force and effect.
SECTION 4. The keeper of Code of Ordinances for the City of
Tarpon Springs is directed to
include this Ordinance in the Code of Ordinances and may
renumber and reclassify
the same as may be required for inclusion in the Code of
Ordinances of the City of
Tarpon Springs.
SECTION 5. This ordinance shall take effect immediately upon
its passage and adoption in the
manner provided by law.
Ordinance 2019-05_Commercial Use in Parks_BOC
mem.pdfOrdinance2019-05.CommercialActivity.pdf