Item 7AAGENDA ITEM #7A
NOVEMBER 25, 2002
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Adoption of Ordinance No. 95-02-78
SUBMITTED BY: Maureen King, City Clerk ~,~,~
DATE: November 14, 2002
BACKGROUND: Ordinance No. 95-02-78 amending the Beaches and Pazks section of the
City Code was listed for introduction and first reading on the Commission
agenda on October 28, 2002. During discussion several amendments were
suggested and Commissioners were asked to submit their. suggestions to
staffto be incorporated into the ordinance which would then be brought
back to the City Commission on November 11, 2002 for a second "first
reading." Anticipating that the ordinance would be amended substantially,
we did not advertise it for a public hearing on November 11.
While a public hearing was held on this ordinance on November 11, it was
not advertised and did not meet statutorial requirements. Therefore, in
order to make sure that we have met the legal requirements for adoption of
this ordinance we have advertised a public hearing for November 25, 2002
and the ordinance is listed on the agenda for final action.
BUDGET: N/A
RECOMMENDATION: Adopt Ordinance No. 95-02-78 on final reading
ATTACHMENTS: Ordinance No. 95-02-78
REVIEWED BY CITY MANAG
AGENDA ITEM #7A
NOVEMBER 25, 2002
Ordinance No. 95-02-78
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 5, BEACHES AND PARKS, ARTICLE 1, IN
GENERAL, ARTICLE II, BEACH SAFETY ZONE, ARTICLE III, PUBLIC
PARKS, PROVIDING FOR SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 5, Beaches and Parks, Articles I, II, .and III of the Code of
Ordinances of the City of Atlantic Beach, Florida, are hereby amended to read as follows:
Chapter 5
BEACHES AND PARKS
ARTICLE I. IN GENERAL
Sec. 5-1. Closing during emergencies.
(a) During such times as, in the opinion of the director of public safety or, in his absence,
the city manager, swimming or bathing in the Atlantic Ocean or use of the beach between the
bulkhead and the waters of the Atlantic Ocean is deemed dangerous and hazardous to the safety,
life and health of persons using the. ocean or beach, or any condition shall exist or threaten to
occur that will imperil the peace and good order of the city, the director of public safety is
authorized to close the ocean or beach or both or any part thereof and prohibit all swimming or
bathing in the ocean or use of the beach or both in any manner, and require all persons thereon
forthwith to remove themselves therefrom, or any part thereof, until the ocean, beach or
dangerous areas are considered safe again for use.
(b) It shall be unlawful for any person to knowingly ~se-er refuse, when ordered, to
remove *~ him herself from any area which has been closed by the director of public
safety.
Sec. 5-2. .Sleeping on the Beach
t-he-c~3~ It shall be unlawful for anvone to camp or sleep on the beach from 11:00 PM to 6:00
AM. without first receivingLpermission from the City Manager.
Sec. 5-3. ~a~ie~ng Lighting of Fires
die-sue: It shall be unlawful for anvone to start, maintain, allow or have a fire on the beach
unless it serves a public purpose, and permission is approved in writing by the City Manager or
his designee. This includes, but is not limited tos_wood, charcoal, or gas, whether or not the fire
is self-contained or an open fire.
AGENDA ITEM #7A
NOVEMBER 25, 2002
Sec. 5-4. Littering.
It shall be unlawful for any person to leave any paper, glass, cans, food, fish, crab,
cigarette butts, or other type of refuse upon the beach in the city.
Sec. 5-5. Surfboards.
It shall. be unlawful for any person to surf or to use or ride a surfboard in the surf adjacent
to the beach within the corporate limits of the city at any time and at any location unless the
surfboard has securely fastened to it a tether not exceeding eight (8) feet in length, the free end of
which must be securely bound to either the ankle or wrist of the surfer.
Sec. 5-6. Parking of sailboats not to obstruct lifeguard activities.
It shall be unlawful- for any person to park a sailboat or catamaran on the beach in any
manner which will obstruct the view of lifeguards performing lifeguard activities.
Sec. 5-7. Operation of motorized apparatus within two hundred feet of beach.
It shall be unlawful for .any person to operate any motorized boat or other motorized
apparatus within two hundred (200) feet of the beach. Personal watercraft, sailboats, and similar
watercraft, which require transQort by use of a motor vehicle, will only be launched at the
Atlantic Boulevard ramp.
Sec. 5-8. Parking of sailboats, catamarans, and vessels.
(a) It shall be unlawful for any person to park or leave unattended a sailboat, catamaran, or
other vessel on the beach for more than ~,.~ seventy-two (72) hours without first
notifying and receiving permission from the chief of police or his designee. A ~a sailboat,
catamazan, or vessel. shall only be allowed to park pal-~ over seventy-two (72) ~~t~p~~}
hours between May 1 to September 30 of each year. At no time will any
sailboat, catamaran, or other vessel be allowed to park west of the dune line, on a beach access,
or public right-of--way.
(b) Before the chief of police or his designee gives permission for the owner of tie a sailboat,
catamaran, or other vessel to be pazked over seventy-two (72) ~~el~e-(~'~ hours on the beach,
the owner must provide proof of ownership, description, serial number, hull number or other
identification number, and the location desired for parking same. Permission to park, and the
location requested, is at the sole discretion of the chief of police. The chief of police may
develop additional rules to govern such parking to protect the public's safety.
(c) Any person who parks a sailboat or catamaran or other vessel in violation of this section
is subject to having such sailboat,. catamaran, or other vessel towed at the owner's expense.
Secs. 5-9--5-1316. Reserved.
AGENDA ITEM #7A
NOVEMBER 25, 2002
Ordinance No. 95-02-78
ARTICLE II.
BEACH SAFETY ZONE
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Sec. 5-17. Use of vehicles and riding of animals prohibited.
It shall be unlawful for any person to propel, operate or drive any motorized vehicle or
any vehicle drawn by a draft animal or to ride any animal at any time on ~~~~*'~~~ *~~* ~~-~~ ~~the
ocean beach eYcciftc~~~ *' ` ~ ~, '' unless it serves a public purpose and permission is
approved in writing by the Citv Manager or his designee
Secs. 5918--5-30. Reserved.
ARTICLE III. PUBLIC PARKS
Sec. 5-31. Public parks use prohibited after dark.
It shall be unlawful for any person or groups of persons to congregate in or about or traverse
through any public parks:
(a) Between the hours of sunset and sunrise or 8:00 p.m. and 6:00 a.m., whichever is later,
except as follows:
(1) When using lighted public facilities in public parks, such as ball fields and tennis
courts, provided such use shall never be later than 10:00 p.m.;
AGENDA ITEM #7A
NOVEMBER 25, 2002
Ordinance No. 95-02=78
(2) When an organized event has been approved by the parks and recreation
department.
(b) When a park or parks have been officially closed by the city for maintenance,
construction, repairs, and the like, and has been so posted.
SECTION 2. Severability.
If any section, sentence, clause, word or phrase of this ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, then said holding shall in no way .affect the
validity of the remaining portions of this ordinance.
SECTION 3. This ordinance shall become effective immediately upon final passage.
PASSED by the City Commission on first reading this 28th day of October, 2002.
PASSED by the City Commission on second reading this 11 `h day of November, 2002.
PASSED by the City Commission on third and fmal reading this day of
2002.
JOHN S. MESERVE
Mayor
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
MAUREEN KING
City Clerk