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HomeMy WebLinkAboutResolution No. 26-49RESOLUTION NO. 26-49 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ESTABLISHING A POLICY FOR COMMERCIAL BEACH ACCESS AND VEHICLE OPERATIONS PURSUANT TO CITY CODE SECTIONS 5-16 AND 5-30; PROVIDING FOR OPERATIONAL LIMITS, SAFETY STANDARDS, AND ENFORCEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach's planning documents identify beach accesses as vital assets for nature and recreation; and WHEREAS, unregulated commercial vehicle traffic on the beachfront poses a risk to public safety, infrastructure, and sustainable coastal access; and WHEREAS, City Code Sections 5-16 and 5-30, respectively, grant the City Manager the authority permit commercial motorized vehicles on the beach, and supervise and regulate business activities in public facilities and parks; and WHEREAS, the City Commission desires to establish clear, consistent standards for commercial entities seeking to operate motorized vehicles or equipment on the beach. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. ADOPTION OF POLICY. The City Commission hereby adopts the "Commercial Beach Access and Vehicle Operation Policy," the full text of which is attached hereto as Attachment A and incorporated herein by reference. SECTION 2. COMPLIANCE. All permissions issued for commercial beach activity pursuant to Sections 5-16 and 5-30 of the City Code shall be subject to the conditions set forth in Attachment A. SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 23rd day of March 2026. Curtis Ford, Mayor Attest: 1;�7�2 Donna L. Bartle, City Clerk Resolution No. 26-49 Page 2 of 2 Approved as to form and correctness: Jason Gab el C�1to--m—ey--J Resolution No. 26-49 Page 2 of 2 ATTACHMENT A Policy on Commercial Beach Use/Access and Vehicle Operations Purpose and Authority: The purpose of this Policy is to establish guidelines for commercial entities permitted to operate motorized vehicles on the beach. This policy ensures public safety in high -traffic areas and maintains equitable public access to shared spaces. City Manager Approval: Pursuant to the City's Code of Ordinances, including Section 5-16, and applicable Florida law, all requests for commercial beach access and vehicle operation must be submitted to and approved by the City Manager. Approval is granted on a case-by-case basis and is issued in the form of a revocable permit that may include such reasonable conditions as the City Manager deems necessary for safety and compliance. Commercial Capacity Cap: To prevent the overcrowding of public beach space and mitigate safety risks, a maximum of two (2) commercial entities shall be permitted to operate on the beach at any given time. Permits shall be issued on a first-come, first-served basis. Once this cap is reached, no further applications will be considered until a permit expires or is revoked. Authorized Access Points: - Atlantic Boulevard Access: All authorized commercial vehicles must enter and exit the beach via Atlantic Boulevard only. - Prohibited Access: Use of the Ahern Street access point is strictly forbidden. Operational Hours and Safety Standards: - Hours: Access is strictly limited to early morning (6-8 a.m.) setup and late afternoon (5-7 p.m.) teardown on all days. No vehicle operations are permitted during the hours.of 8:00 a.m. to 5:00 p.m. - Equipment: All permittees must utilize anchored umbrellas (no unanchored wooden/spiked poles or tops). - Vehicle Training: Proof of beach -driving training (from a City -approved provider or program) must be provided, and vehicle types (e.g., UTVs) must be pre -approved in writing by the Police Department and Lifeguard Captain. Enforcement: Code Enforcement is authorized to drive on the beach to ensure compliance with permit conditions. Failure to adhere to access points, hours, equipment standards, or any other term of the permit will result in immediate revocation of the permit after reasonable notice to the permittee (except in emergencies posing immediate safety risk). Insurance Requirements: As a condition of permit issuance and continuation, each permittee shall procure and maintain, at its sole expense, the following insurance coverages from insurers licensed and authorized to do business in the State of Florida, with an A.M. Best rating of no less than A- VII (or equivalent): • Commercial General Liability insurance, including coverage for premises/operations, products/completed operations, contractual liability, and personal/advertising injury, with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate. • Automobile Liability insurance (if motorized vehicles are used), covering owned, non - owned, and hired vehicles, with combined single limits of not less than $1,000,000 per occurrence. • Workers' Compensation insurance as required by Florida law, and Employer's Liability with limits of not less than $100,000 per accident/disease. The City of Atlantic Beach, its officials, employees, agents, and volunteers shall be named as additional insureds on the Commercial General Liability and Automobile Liability policies (via endorsement). Permittee shall provide the City with certificates of insurance evidencing the required coverages prior to permit issuance and annually thereafter (or upon renewal). Policies shall provide for at least 30 days' advance written notice to the City of cancellation, non- renewal, or material reduction in coverage. Compliance with these insurance requirements does not relieve permittee of any liability under this Policy or the permit. Indemnification and Hold Harmless: Permittee agrees to defend, indemnify, and hold harmless the City of Atlantic Beach, its City Commission, City Manager, officers, employees, agents, and volunteers (collectively, the "Indemnified Parties") from and against any and all claims, demands, suits, actions, proceedings, losses, damages, costs, expenses (including reasonable attorneys' fees and costs at all levels of trial and appeal), judgments, fines, penalties, or liabilities of any kind or nature whatsoever arising out of or in any way related to: • Permittee's use of the beach, access points, or operation of vehicles/equipment under the permit; • Any act, omission, negligence, or willful misconduct of permittee, its employees, agents, contractors, subcontractors, invitees, or customers; or • Any injury to persons (including death) or damage to property arising from or connected with permittee's activities on City property or the public beach. This indemnification shall apply to the fullest extent permitted by law and shall survive the expiration, revocation, or termination of the permit. Notwithstanding the foregoing, permittee shall have no obligation to indemnify the Indemnified Parties for claims or liabilities arising solely from the gross negligence or willful misconduct of the Indemnified Parties. Nothing herein shall constitute a waiver of the City's sovereign immunity under § 768.28, Florida Statutes, or increase the City's liability limits beyond those established by law.