Exh 7FAGENDA ITEM #7F
JANUARY 27, 2003
Ordinance No. 95-03-33
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
1 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 emer~7encies.
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(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 arse-er refuse, when ordered, to
remove +The~jeT~ him/herself from any area which has been closed by the director of public -
r safety.
' Sec. 5-2.~n~ °~~~ ^~ ^~°~~;~~-~ ^t^+~-^°. Sleeping on the Beach
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~he~ity: It shall be unlawful for anyone to camp or sleep on the beach from 11:00 PM to 6.00
' AM. without first receiving_permission from the City Manager
Sec. 5-3. ~ieale>f~i-nb Li~htin~ of Fires Q
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~e-amity: It shall be unlawful for anyone to start maintain allow or have an omen fire on the
beach unless permission is approved in writing, by the City Manager or his designee The City
may require a $25.00 non-refundable application fee and a deposit not to e~cceed two (2 times
the estimated costs of clean-up to assure that the requesting entity complies with all conditions
1 of the aermit.
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AGENDA ITEM #7F
JANUARY 27, 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. 5-4. Litterin ;.
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-~. 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
surfboazd.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 t•vo 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. ~-8. Parkin ; 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 ,~~ixe~r~-'~ seventy-two (72) hours without first
notifying and receiving permission from the chief of police or his designee. A ~e sailboat,
catamazan, or vessel shall only be allowed to park pared-fer over seventy-two_~ ~,~e~~e-~1?~
hours between Nlay 1 to September 30 of each year. At no time will any
sailboat, catamazan, 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 oft-he a sailboat,
catamaran, or other vessel to be parked over seventy-two (72) *~~=°'T.~~~~ 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 pazking 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.
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Ordinance No. 95-03-83
AGENDA ITEM #7F
JANUARY 27, 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.
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 '*'~' +~ * f the ocean
beach spe~~~~~d-;n-se~e~ ~ ~ ~, ~'-~'•~ unless permission is approved in writing by the City
Manager or his designee. The City may rectuire a $25 00 non-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.
~~ . c ~ o, u sides:
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Secs. 5-X318---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:
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Ordinance No. 95-03-83
AGENDA ITEM #7r
JANUARY 27, 2003
(a) Between.the hours of sunset and sunrise or 8:00 p.m. and 6:00 a.m., whichever is later,
eYCept 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.;
(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.
' JOHN S. MESERVE
Mayor
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest: -
MAUREEN KING
- City Clerk
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Ordinance No. 95-03-83