§ 90-3. Definitions.

When used herein, the following definitions shall apply:

Activity means the doing of any act or the failure to do any act by a person.

Administrator means the county administrator for Pinellas County.

Adverse impact means actual or potential harm or injury to any property, wildlife or plant life or other natural resource within county-owned or managed lands.

Beach means the zone of unconsolidated material that extends landward from the mean high-water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves.

Bicycle means a transportation device composed of a single frame and wheels usually propelled by pedals and steered with handlebars, including passenger bicycles; for purposes of this article, "bicycle" does not include a motorized bicycle regardless of speed capabilities.

Board means the Pinellas County Board of County Commissioners.

Boardwalk means an elevated walkway structure across sand or marshy ground.

Bounce house means a temporarily inflatable structure of any size that people jump in or on.

Citizen support organization means a not-for-profit corporation incorporated pursuant to the provisions of F.S. ch. 617, as may be amended, and approved by the department of state that is organized and operated to conduct programs and activities; raise funds; request and receive grants, gifts, and bequests of money; and make expenditures for the benefit of the department and/or any county-owned or managed land.

Code means the Pinellas County Code and the Pinellas County Land Development Code.

Commercial activity means a transaction for the sale, barter, or other exchange of value; for goods, items, services, entertainment, or amusement, where any part of the transaction, including but not limited to the offer of sale, negotiation, agreement to sell, transfer of consideration, or the transfer, delivery, or performance of the goods, items, service, entertainment, or amusement occurs in any county-owned or managed land. Exchange of consideration for performance of a commercial activity, such as a payment, fee, coupon, or ticket, does not need to occur in a county-owned or managed land if any part of the activity is performed in a county-owned or managed land.

County means Pinellas County.

County-owned or managed lands means all parks, environmental lands, department-managed facilities, and public marinas owned by the county or managed by the department. County-owned or managed lands include all submerged lands owned by the county and waters managed by the department located within the boundaries of county-owned or managed lands.

Cultural resource means any prehistoric or historic site, structure, object, or other real or personal property of historical, architectural, or archaeological value as determined through criteria for designation contained in chapter 146 of the Code.

Department means the department of parks and conservation resources.

Department-managed facilities means all facilities other than parks, environmental lands, and public marinas managed by the department including, but not limited to neighborhood parks, community parks, and other facilities managed by the department.

Director means the director of the department.

Environmental lands means all preserves and management areas, including but not limited to the county-owned real property identified as environmental lands in section 90-14 of this article, and any real property leased, subleased, or licensed to the county and identified as environmental lands in the management plan for the individual preserve or management area.

Historic or prehistoric artifact means material remains of past human life of archaeological interest over 50 years old, including but not limited to pottery, basketry, bottles, weapons, and tools.

Large group means a gathering of a group exceeding 50 people that does not include a special event permit and/or an accompanying picnic shelter reservation.

Law enforcement officer means any person who is elected, appointed, or employed full or part time by the state, the county, or municipality who is vested with the authority to bear arms and make arrests; and whose primary responsibility is the detection and prevention of crime, or the enforcement of the penal, criminal, traffic, or highway laws of the state or county.

Live-aboard means the occupancy or use of a watercraft by one or more persons, as a place of habitation, residence, living quarters or for dwelling purposes, temporarily or permanently, continuously or transiently.

Management area means all environmental lands, including waterways, not designated as "preserve." Such lands shall be as referenced in the latest resolution of the board describing the legal boundaries of the particular management area. Properties designated as "management areas" generally do not have a public use component, depending upon the ecological impacts of such use.

Management plan means the management plan developed by the department, unique to an individual county-owned or managed land, as each such plan may be amended from time to time.

Nude, or any derivative thereof, means to display or expose:

(1)

The human male or female genitals or pubic area with less than fully-opaque covering;

(2)

The portion of the human female breast directly or laterally below a point immediately above the top of the areola with less than a fully opaque covering. This definition shall include the entire lower portion of the human female breast, including the areola and nipple, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided the areola is not exposed; and

(3)

For purposes of this definition, body paint, body dye, a tattoo, latex, or any similar substances shall not be considered an opaque covering.

Parking area means any part of any county-owned or managed land road, or area contiguous thereto, specifically designated for the standing or stationing of any vehicle with appropriate signage.

Parks means regional parks and special purpose parks owned, operated, and maintained by the department, not including department-managed facilities and public marinas as defined herein, which are under the control of or assigned for upkeep, maintenance or operation by the department.

Person means any individual, including minors, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer, estate, trust, business trust, syndicate, fiduciary, public or private corporation, and all other groups or combinations of groups.

Pet means any domesticated animal typically kept for companionship, protection, transportation or amusement. "Pet" also includes domesticated species found in a feral, wild, or abandoned state, including but not limited to birds, ferrets, pot-bellied pigs, monkeys, and snakes. However, the term does not include service animals, as defined by the Americans with Disabilities Act, as may hereafter be amended, and F.S. § 413.08, as may be hereafter amended.

Pollution means the presence in the air, soil, or waters of any substance, noise, contaminant, or anthropogenic alteration of the chemical, physical, biological, or radiological integrity of the air, soil, or water in a quantity or at a level that is or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or that unreasonably interferes with the enjoyment of life or property, including outdoor recreation.

Preserve means property managed by the department as referenced in the latest resolution of the board describing the legal boundaries of the particular preserve and includes all streams, canals, channels, lagoons, waterways, water areas, submerged lands, shorelines and beaches, as well as all structures and other facilities located within such boundaries. All preserves shall have a board approved management plan.

Public marina means the Belle Harbour Marina, and any other county-owned facility, which provides public moorings or dry storage for vessels on a rental basis, and is designated as a public marina by resolution of the board.

Regional parks means A.L. Anderson Park, Boca Ciega Millennium Park, Eagle Lake Park, Fred Howard Park, Fort De Soto Park, John Chesnut, Sr. Park, John S. Taylor Park, Lake Seminole Park, Philippe Park, Ridgecrest Park, Sand Key Park, Sawgrass Lake Park, Wall Springs Park, Walsingham Park, War Veterans' Memorial Park, and any other facility designated as a regional park by resolution of the board.

Special event means any organized event or activity involving the use of or having a significant impact upon a county-owned or managed land, where the general public is invited to participate or be a spectator, including but not limited to races, tournaments, demonstrations, or festivals. A "musical or entertainment festival" as defined in section 10-26 of the Code involving the use of or having a significant impact upon a county-owned or managed land shall require separate permits under chapter 10, article II and this article.

Special purpose parks means Indian Rocks Beach Access Park, Madeira Beach Access Park, Redington Shores Beach Access Park, St. Pete Beach Access Park, Tiki Gardens/Indian Shores Beach Access Park, Belleair Causeway Boat Ramp, Park Blvd. Boat Ramp, Sutherland Bayou Boat Ramp, Fred Marquis Pinellas Trail, Duke Energy Trail, Florida Botanical Gardens, Heritage Village, Joe's Creek Greenway, Leach Park, Lealman Park, Live Oak Park, Ochs Park, Pinewood Cultural Park, and any other site or facility designated as a special purpose park by resolution of the board.

Vehicle means any passengered conveyance powered or drawn by motor for the transportation of persons or material, including but not limited to: automobiles, trucks, buses, motorcycles, motorized bicycles regardless of speed ability, scooters, minibikes, all-terrain vehicles, golf carts, or trail bikes, as well as trailers and vessel in tow of any size or description. "Vehicle" does not include an electric personal assistive mobility device as defined in F.S. § 316.003(83), as may be amended from time to time.

Vessel means every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

Volunteer means either an event volunteer, who agrees to participate either individually or as member of a group for a single event, or a long-term volunteer, who agrees to participate on an ongoing basis. An event volunteer registers and signs a county waiver of liability form; a long-term volunteer has passed a national background check, completed the county volunteer orientation, either in person or online, and has signed a county agreement to adhere to county policies and procedures for volunteering with the county.

Wildlife means any species living, growing, or occurring in a natural, non-domesticated state, including but not limited to animals.

(Ord. No. 10-44, § 1, 9-28-10; Ord. No. 16-40, § 3, 7-19-16)