Exh 7FAGENDA ITEM #7r
JANUARY 13, 2003
STAFF REPORT
City of Atlantic Beach
Commission IVleeting
AGENDA ITEM: Updates to Chapter 5 of Municipal Code
DATE: December 18, 2002
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
BACKGROUND:
At the City Commission Workshop on Monday, December 9, 2002, suggestions were
_made relative to Chapter 5 of the Municipal Code. Specifically, guidance was provided
to staff relative to horses and fires on the beach. These modifications have been
incorporated into the language for Chapter 5.
Fires on the Beach
The language in the code has been revised to read:
1 "It shall be unlawful for anyone to start maintain allow or have an open fire on the
beach unless permission is approved in writing by the City Manager or his designee The
Citk~ may require anon-refundable application fee and a deposit not to exceed two (21
times the estimated costs of clean-up to assure that the requesting entity complies with
all conditions of the permit.
This section does not prohibit fires in self contained commercially available heating devices
fueled by aas. Heating devices fueled by wood> charcoal or similar materials shall be
prohibited." '
.This language will allow the cit to collect anon-refundable fee for acce tin and rocessin
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each request. Every request will follow a review and approval process, and such processes
require city resources. The city may or may not require such a fee at the discretion of the City
Manager.
Additionally, a deposit may be required to encourage people to adhere to the restrictions and
clean-up requirements. If the city has to clean up after an event, then the deposit will provide
funds to cover the expenses.
1 The new lan ua a will all
g g ow people to cook on gas gulls on the beach, but rt w:ll prohibit
cooking with charcoal/wood fires.
Horses
The language iri this section has been changed to read:
C
AGENDA ITEM #7T
JANUARY 13, 2003
"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 v~hi~hat-~e&
e€ the ocean beach unless permission is approved in
writin~y the City Manager or his designee. The City may require anon-refundable
application fee, and a deposit not to exceed two (2~ times the estimated cost of clean-up,
to assure that the requesting entity complies with all conditions of the permit."
This language will allow the city to collect anon-refundable fee for accepting and processing
each request. Every request will follow a review and approval process, and such processes
require city resources. The city may or may not require such a fee at the discretion of the City
Manager.
This will allow people to request permission to have a horse on the beach, and the City
Manager will be able to set reasonable restrictions. A deposit may be required to encourage
people to adhere to the restrictions and clean-up requirements. If the city has to clean up after
an event, then the deposit will provide funds to cover the expenses.
General:
It is recommended that the City adopt administrative .guidelines to identify concerns and
set reasonable limitations on both issues, Horses and' Fires.
Process
We recommend that the applications for horses and for fires follow the same process as
"Special Events" requests. The persons or organization will submit a special event
request form, and the department heads will have. the opportunity to sign off before the
event/fire is approved. Restrictions and guidance can be addressed on a case-by-case
basis.
General Guidelines
Fires:
No fires will be permitted near vegetation i.e. sea oats, sea grapes, and other
vegetation in dune areas
No ashes, wood, coals, grease, oil, food scraps, shells, bones, or other materials will be
dumped, buried, or Ieft on the beach
No permits will be issued when open fire prohibitions are in effect through the State of
Florida and/or the Jacksonville Fire and Rescue Department
Fires must be kept at least 50' away from any sea turtle nesting sites on the beach.
AGENDA ITEM #7F
JANUARY 13, 2003
Horses:
Permits will not be issued for days, dates, or times when the beach is expected to be
crowded with people
The person issued the permit by the City will be responsible to see that all
excrement is cleaned up and removed from the beach as soon as possible
Horses must be kept away from the dunes and vegetation on the beach i.e. sea oats and
sea grapes
Horses must be kept at least 50' away from sea turtle nesting sites on the beach.
BUDGET:
None
RECOMMENDATIONS: To approve updates and revisions to Chapter 5 of the City
Code
ATTACHMENTS: Chapter 5 Revisions
REVIEWED BY CITY MANAGER: ~
AGEDYbA ITEM NUMBER:
AGENDA ITEM #7F
JANUARY 13, 2003
' Ordinance No. 95-03-83
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, aze hereby amended to read as follows:
Chapter 5
BEACI3ES AND PARKS
1 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
1 dangerous areas are considered safe again for use.
(b) It shall be unlawful for any person to knowingly use-er refuse, when ordered, to
remove t~~r:=e~ him/herself from any area which has been closed by the director of public
safety.
1 Sec. 5-2. b b Sleeping on the Beach
the-Eity. It shall be unlawful for anyone to camp or sleep on the beach from 11:00 PM to 6:00
AM. without first receivingpermission from the City Manager.
Sec. 5-3. ~ie~-iel£Ing: Li~htin~ of Fires
the-city: It shall be unlawful for anemone to start, maintain, allow, or have an open fire on the
' beach unless permission is approved in writing by the City Manager or his designee. The City
ma require anon-refundable application fee, and a deposit not to exceed two (2) times the
estimated costs of clean-up, to assure that the requesting entity complies with all conditions of
the permit.
AGENDA ITEM #7F
JANUARY 13, 2003
This section does not prohibit fires in self contained, commercially available heating devices fueled by
gas Heating devices fueled by wood charcoal or similar materials shall be prohibited.
Sec. S-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.
1 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 e:cceeding eight (8) feet in length, the free end of
which must be securely bound to either the ankle or wrist of the surfer.
1 Sec. 5-6. Parkins of sailboats not to obstruct lifeguard activities.
b
' 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 transport by use of a motor vehicle, will only be launched at the
Atlantic Boulevard ramp.
Sec. 5-8. Parkin of sailboats, catamarans, and vessels.
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(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 ~~+el~e-{~-?~ seventy-two (72~ hours without first
notifying and receiving permission from the chief of police or his designee. A q'lie sailboat,
catamaran, or vessel shall only be allowed to park par-lEed-fer over seventy-two 72~ +~~~~,.z.-'~•°-~~'-''_-~
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 the a sailboat,
' catamaran, or other vessel to be parked over seventy-two (72), t•~~r..~~~ 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.
1
AGENDA ITEM #7F
JANUARY 13, 2003
(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~-516. Reserved.
' Ordinance No. 95-02-78
ARTICLE II.
BEACH SAFETY ZONE
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Scc. 5-17. Use of vehicles and riding of animals prohibited.
It shall be unlawfizl 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 sp°^~~°~' ~^ °°^*~eu-5-l-~beve unless permission is approved in writing, by the City
Manager or his designee. The City may require anon-refundable application fee, and a deposit
not to exceed two (2) times the estimated cost of clean-up, to assure that the requestin~~entitY
complies with all conditions of the permit.
nze:-S 1- ~t~ea~es:
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Secs. 5-X918---5-30. Reserved.
' ARTICLE III. PUBLIC PARKS
Sec. 5-31. Public parks use prohibited after dark
'~
AGENDA ITEM #7F
JANUARY 13, 2003
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.;
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 day of , 2002.
PASSED by the City Commission on second and final reading this day of ,
2002.
' Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
' Attest:
MAUREEN KING
City Clerk
Ordinance NQ. 95-02-78
JOHN S. MESERVE
Mayor