Exh 7CAGENDA ITEM #7C
NOVEMBER 11, 2002
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Amendments to Chapter 5 of the City Code
DATE: November 5, 2002
SUBMITTED BY: David E. Thomp o ,Chief of Police/DPS
BACKGROUND:
At the October 28, 2002 City Commission meeting, several concerns were discussed
relative to the proposed updates to Chapter 5 of the City Code. After additional research
and consideration, several additions have been made to the proposal to incorporate
suggestions from the elected officials. ~ ~ ~ .
Section 5-3 Lighting of Fires
In this section, fires maybe approved on the beach as long.as they serve a public purpose
and they have been approved in writing by the City Manager.
Fire Background: Fires have been prohibited on Atlantic Beach for many years,
primarily for public safety reasons.
Fires near the sea oats and vegetation could spread very quickly under the right
weather and wind conditions.. This endangers houses and vegetation.
Fires could create possible environmental problems for animal and plant life.
The remnants of fires including charcoal, wood, etc. may remain hot for many
hours after a fire is no longer being. attended. This may create a hazard for
barefoot people on the beach:
If fires are not self contained and completely removed from the beach, then they
leave ashes, wood, or other residue that may be unsightly.
Fires are often utilized for cooking, and litter is often a byproduct of cooking on
the beach. '
If fires are to be allowed, then what limitations should be placed on them? What
accelerants will be.acceptable on the beach (many accelerants are oil based
products)? What materials will be acceptable to burn on~the beach?
Based on the proposed language, the City Manager may approve fires on the beach
including public bon fires for special occasions,.
AGENDA ITEM #7C
NOVEMBER•11, 2002
Section 5-7 Operation of motorized apparatus within trvo hundred feet of the beach.
Wording was added to this section to state that "Personal watercraft, sailboats, and
similar watercraft, which require transport by use of a motor vehicle, will only be
launched at the Atlantic Boulevard ramp." This clarified the intent of this section of the
code to limit launching boats, with the use of a motor vehicle, to the Atlantic Blvd ramp.
Section 5-17 Use of vehicles and riding of animals prohibited.
Language was added to this section stating that "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 ~~~~*~~r *~^* ^~°^ °fthe ocean beach spc°~~°a ~-' ~° *'
'"~o~ unless it serves a public purpose and permission is approved in writing by
the City Manager or his desi ee.
This language recognizes that there are sea turtle volunteers, trash companies, and other
vehicles that need access to the beach to perform jobs that serve public functions. This
additional language allows the city manager to allow vehicles that serve a public purpose.
HORSES
The idea of allowing horses on the beach was discussed among staff members, and the
recommendation to prohibit horses on the beach has not been changed. Horses have been
prohibited for many years, and the language has not been changed at this point. The
justification behind prohibiting horses on the beach was based on a number of concerns.
Horses are large animals, and they are not particularly smart. They can easily injure a
person without intending to do so. They can also be very reactionary and unpredictable
when confronted by unusual events or circumstances, and a crowded beach would not be
a safe environment for a horse.
Another consideration is the fact that horses will defecate on the beach. Requiring the
rider to remove the feces would be cumbersome, labor intensive, and difficult to police.
The possible consequences of allowing horses on the beach would open the door to
multiple horses on the beach. Instead of envisioning a single horse on the beach, we
should anticipate and expect groups of horses on the beach. The impact of several horses
would be considerable.
Atlantic Beach Animal Control Officers are not trained or.equipped to handle horses. In
Atlantic Beach there are no stables, parking areas, or facilities for the care or horses.
If the elected officials wish to allow horses on the beach, then the language prohibiting
horses can easily be deleted.
AGENDA ITEM #7C
NOVEMBER 11, 2002
WIND PROPELLED VE>FIICLES
In 1988, an ordinance was introduced in Atlantic Beach to prohibit "any vehicle
propelled by the wind." However, it failed on the second and final reading in October
1988.
The wind-propelled vehicles are typically used in open areas away from crowds. They
do not generate any significant noise, and they do not pollute the air with fumes. Staff is
not aware of any complaints relative to the use ofwind-propelled vehicles on the beach.
BUDGET: No Impact on Budget
RECOMMENDATIONS: To.review and provide input for the update of Chapter 5 of
the Atlantic Beach City. Code. ~ . ~ •
ATTACHMENTS: ~ Revised Chapter 5 (November 1, 2002) •
Commission Record from 1988 regardi}.g Wind-propelled Vehicle
REVIEWED BY CITY MAMA
A ITEM NUMBER:
:`
AGENDA ITEM #7C
NOVEMBER.11, 2002
Ann and Richard DeVane
386 4~' Street
Atlantic Beach, FL 32233
November 4, 2002
To the Mayor and Commissioners of the City of Atlantic Beach:
I understand the City of Atlantic Beach is reviewing its ordinances regarding use of the beach and I would
like to make the following comments in this regard.
My concern is the large number of dogs which are on the beach when so many young children are present
during the'summer months. The solution I am seeking is to not allow dogs on the beach during the months
of June, July and August from 9 am to 5 pm. Both Jacksonville Beach and Neptune Beach prohibit dogs
from their beaches during the hours of 9 am to 5 pm for a1112 months of the year and I believe their dog
owners bring their animals to south Atlantic Beach during these hours ,adding to our problem.
We have seven grandchildren, ages 3 through 9, who come at various times during the summer to visit with
us at 386 4~' Street. My sister, who lives at 349 3'~ Street in Atlantic Beach also has her two young
grandchildren visit during the summer months. In addition to observing numerous violations of the leash.
law and failure of owners to clean up after their dogs, we have had the following specific incidents occur:
A loose dog ran up to my sister's grandson and bit him as he ran on the beach.
While I was tending our youngest grandson at the water's edge in ankle deep water, a loose dog
came within six feet of us and defecated in the water.
Three of our grandchildren were playing in a slough and I watched a dog come into the slough and
urinate in the water in which they were playing.
In all of these cases, the dogs had a leash but there was no owner on the end of it, a very, very, common
practice in the south end of the beach in Atlantic Beach. The regulations regarding dogs on the beach are
routinely violated and there is essentially no enforcement. Atlantic Beach's current ordinance requiring
AB dog licenses offers no help and I am certain many dog owners from neighboring areas routinely bring
their animals to our "doggie park" in the south end of our beach with impunity.
I believe the only practical solution to control this unsanitary and dangerous situation for small children is
to ban all dogs from the beach during the hours of gam to Spm during June, July and August, the times
when the kids are out of school and should have first priority to play on the beach free from harm and
waste from the dogs. In the other 9 months the current rules and regulations could apply.
I appreciate this opportunity to express my.concem in this matter
Respectfull ,
C~/~
Richard W. DeVane
AGENDA ITEM #7C
NOVEMBER I1, 2002
Ordinance No. 9~-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 SEVERABLLITY, 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 ~tse-e~ refuse, when ordered, to
removes him herself from any area which has been closed by the .director of public
safety.
Sec. 5-2. b .Sleeping on the Beach
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die-Ei~t~- 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. ~ie~-iel;~g: Lighting of Fires
~e-Ei~ It shall be unlawful for anyone 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 desienee. This includes, but is not limited to, wood, charcoal; or eas. whether or not the fire
is self-contained or an open fire.
AGENDA ITEM #7C
NOVEMBER 11, 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 Hide 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 transport 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 trrFel~e-~l-?~ seventy-two (72) hours without first
notifying and receiving permission from the chief of police or his designee. A ~e sailboat,
catamaran, or vessel shall, only be allowed to park }~r~ed~ over seventy-two (721 twelve-{-I?) .
hours u~;~,-r°~~^^~°-' ~-° 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 t-he a sailboat,
catamaran, or other vessel to be parked over seventy-two (72~ tw-elve-{~'~ 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-~5 16. Reserved.
AGENDA ITEM #7C
NOVEMBER 11, ZOOZ
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 :Y,;+'~~~ +'~~* ~Y°^ °~the
ocean beach ~-'°°~~°a ~~ ^°°+~°~ s ' ~, ^'~^~~° unless it serves a public purpose, and permission is
approved in writing by the City Manager or his designee.
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Secs. 5~ 18--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 #7C
NOVEMBER 11, 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 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
Ordinance No. 95-02-78