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ORDINANCE CODE City of JACKSONVILLE, FLORIDA Codified through Ord. No. 2000-15-E, effective Jan. 13, 2000. (Supplement No. 1)

TITLE XVIII LIBRARY AND RECREATION

Chapter 664 PARKS AND RECREATIONAL AREAS, FACILITIES AND ACTIVITIES

PART 5. RECREATIONAL EXCAVATIONS

 

PART 5.  RECREATIONAL EXCAVATIONS

Sec. 664.501.     Definitions.

As used in this part:

(a)     Administrator means the Mayor or his designee.

(b)     Antique bottle means any glass or pottery container, regardless of age, having a fair market value of fifty dollars or less, which has been abandoned.

(c)     Controlled area means any portion of land at a city-owned site under the jurisdiction and control of the Administrator which lies in a natural or undeveloped condition.

(d)     Digger means a person, group of persons, club, association or combination of persons or organizations of whatever description, empowered by law to contract and be contracted with, to sue and be sued, and to buy, hold, mortgage, sell, convey, lease or otherwise dispose of real and personal property, engaged either in part or in whole in the excavation or inspection of land in search of antique bottles exclusively for recreational and non-commercial purposes.

(e)     Digging means any excavation, regardless of depth, made in the course of a search for antique bottles.

 (f)       Prospecting means the digging by a digger of a hole in a controlled area, which hole has a depth of two feet or less and a diameter of one foot or less, for the purpose of locating an area likely to produce antique bottles for which the prospector may wish to apply for a digging permit under section 664.502.

(Ord. 72-159-103, 1; Ord. 83-591-400, 1)

Note--Former 261.101.

  

Sec. 664.502.     Permit.

 (a)     A digger desiring to commence a digging in a controlled area shall make application for a permit to do so upon a form to be provided by the Administrator.

(b)     An application shall be accompanied by a fee of ten dollars.

(c)     No one application shall be made for commencement of more than a single digging, but this provision shall not be construed to prohibit a person from engaging or participating in more than one digging simultaneously.

(d)     The application shall be signed by the digger or, if the digger is not an individual, by a person empowered by law to contract for and on behalf of the digger, and shall state:

(1) The proposed controlled area for the digging with specificity.

(2) The proposed duration of the digging.

(3) The proposed maximum depth of the digging.

(4) The name, address and age of every person who proposes to engage in the digging.

(5) A concise statement of why the subject controlled area is considered by the digger as a proper and useful site for the proposed digging.

(e)     Each application for a permit shall, by its terms, bind the digger to defend and hold harmless the city for injury to persons or private property occasioned by the digging if the requested permit is used.

(f)       Each application for a permit hereunder shall also by its terms bind the digger to comply with each and every provision of this part, as it may be amended or administratively interpreted by the city from time to time, if the requested permit is issued; provided, that this subsection shall not be applicable to section 664.509.

 (Ord. 72-159-103, 1; Ord. 83-591-400, 1)

Note--Former 261.102.  

 

Sec. 664.503.     Approval of application.

The Administrator shall approve an application for a permit under section 664.502 if he finds:

(a)     The application is complete and has been accompanied by the proper fee.

(b)     The application is for a single digging.

(c)     The application has been properly signed by a proper person as required by this chapter.

(d)     The application contains a specific description of the proposed controlled area.

(e)     The duration of the digging will not in any way interfere with ongoing or projected plans, construction, improvements or any other considerations whatsoever.

(f)       The proposed maximum depth of the digging will not interfere with any of the considerations enumerated in subsection (e) of this section nor with the uses to which the land is now or may later reasonably be put, nor with underground pipes, wires, streams, sewers or other conduits regardless of kind or description.

(g)     None of the persons named in the application for a permit is under the disability provided for in section 664.514.

(h)     The digging will not constitute a hazard to the general public.

(i)       The digger does not propose a multiplicity of diggings simultaneously.

(Ord. 72-159-103, 1; Ord. 83-591-400, 1)

Note--Former 261.103.

 

Sec. 664.504. Insurance required.

Upon receiving approval for commencement of a digging in a controlled area, no digger shall commence such digging without first procuring and filing with the Corporation Secretary a public liability insurance policy, approved by the Office of General Counsel as to form, and containing substantially the following conditions:

(a)     The insurance policy shall insure the applicant and the city against liability in an amount not less than one hundred thousand dollars for any one person injured and twenty-five thousand dollars for all property damaged in one incident, and three hundred thousand dollars for more than one person injured in any one incident caused by, resulting from, or related to the commencement of the digging for which application for a permit has been made.

(b)     The insurance policy shall be noncancellable without thirty days' advance notice being given, in writing, to the Administrator.

(Ord. 72-159-103, 1; Ord. 83-591-400, 1)

Note--Former 261.104.

 

Sec. 664.505. Issuance.

Upon receipt and approval of the public liability insurance policy, the Administrator shall issue the permit provided for in section 664.502, except that the permit shall not be issued if any affirmative requirement of this part has not been met.

(Ord. 72-159-103, 1; Ord. 83-591-400, 1)

Note--Former 261.105.

 

Sec. 664.506. Diggings to be fenced and patrolled.

Except as provided in section 664.507, no digging in a controlled area, once commenced, shall be left unfenced or unpatrolled until it is filled and returned to its original condition or as close to its original condition as is reasonably possible. A patrol under this section shall be, at the minimum, one person on duty at all times during the digging who shall continuously patrol the perimeter of the digging. Fencing shall be of such a quality as will prevent persons from entering the digging unless such persons are permitted diggers. No fence shall be less than six feet in height and no fence shall be constructed until the Administrator finds that the proposed fencing meets the requirements of this section.

(Ord. 72-159-103, 1; Ord. 83-591-400, 1)

Note--Former 261.106.

 

Sec. 664.507. Voluntary limitations on digging.

If the digging proposed in the application is limited to three consecutive days and is further limited to Saturdays, Sundays and holidays, and if the digger further agrees to remain at the digging site for the duration of the proposed digging, then section 664.506 shall not apply.

(Ord. 72-159-103, 1; Ord. 83-591-400, 1)

Note--Former 261.107.

 

Sec. 664.508. Restoration of digging site.

At the termination of digging in a controlled area, the digger shall promptly return the digging site to its original condition or as close to its original condition as is reasonably possible. No digging shall be considered satisfactorily restored under this section until the fencing, if any, has been removed, the ground level restored to its original height and vegetation, exclusive of shrub, has been replanted. No fence or patrol required by section 664.506 shall be removed until the ground level has first been restored in compliance with this section.

(Ord. 72-159-103, 1; Ord. 83-591-400, 1)

Note--Former 261.108.

 

Sec. 664.509. Prospector's permit.

(a) A digger desiring to search for a digging site may apply to the city for a prospector's permit. An application shall be submitted upon a form to be provided by the Administrator and shall contain the following information:

(1)     Name, address and age of every person who proposes to engage in the prospecting.

(2)     Identification of each club, association or organization of which the applicant is a member which is engaged either in part or in whole in the excavation or inspection of land in search of antique bottles.

(3)     Identification of any outstanding permits issued pursuant to section 664.502 to the digger or any club, association or organization of which the applicant is a member.

(b)     Each application shall be accompanied by a fee of five dollars.

(c)     Each application for a prospector's permit shall, by its terms, bind the digger to defend and hold harmless the city for injury to persons or private property occasioned by the prospecting if the requested permit is issued. 

(d) Upon submission of an application for a prospector's permit, which application complies with the above requirements, the Administrator shall issue a prospector's permit which will authorize the person named in the permit to prospect in a controlled area for one year from the date of issuance; provided, that a prospector shall restore the ground level to its original height and replant any vegetation, exclusive of shrub; and provided further, that no prospector shall dig a prospecting hole closer than thirty feet to a hole which he shall have previously dug.

(e)The provisions of sections 664.502, 664.503, 664.504, 664.505, 664.506, 664.507 and 664.508 shall not apply to this section.

(Ord. 72-159-103, 1; Ord. 83-591-400, 1)

Note--Former 261.109.

 

Sec. 664.510. Disposition of property found at digging.

A digger may retain whatever antique bottles, china or artifacts he finds at a digging in a controlled area; provided, that an article having a fair market value of over fifty dollars and any property of value other than an article found at a digging shall promptly be turned over to the Administrator. Property delivered to the Administrator shall be deemed property of the city and disposed of accordingly.

(Ord. 72-159-103, 1; Ord. 83-591-400, 1)

Note--Former 261.110.

 

Sec. 664.511. Production of permit required.

A digger who is authorized by permit under this part to engage in any of the acts specified herein shall, at all times while engaged in any act, have on or about his person the permit, or a copy thereof, and shall, upon demand by the Administrator or by a law enforcement officer, produce the permit or copy for inspection.

(Ord. 72-159-103, 1; Ord. 83-591-400, 1)

Note--Former 261.111.

 

Sec. 664.512. Penalty for noncompliance.

Violation of any provision of this part shall be a class C offense.

(Ord. 72-159-103, 1; Ord. 83-591-400, 1)

Note--Former 261.112.

 

Sec. 664.513. Cancellation of permit.

The Administrator may cancel and revoke a permit issued pursuant to this part if cancellation and revocation is required to protect the best interests of the public health, safety and welfare, or if the Administrator finds that the permit holder is in violation of this part. A digger whose permit is cancelled and revoked shall, upon request, be provided with a statement of reasons for the cancellation and revocation by the Administrator.

(Ord. 72-159-103, 1; Ord. 83-591-400, 1)

Note--Former 261.113.

 

Sec. 664.514. Violator not to receive permit.

A digger, prospector or person found to be in violation of this part by the Administrator is prohibited from receiving a permit under this part until such time as the violation ceases. A violator shall, upon request, be provided with a statement of reasons by the Administrator.

(Ord. 72-159-103, 1; Ord. 83-591-400, 1)

Note--Former 261.114.

 

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