November 2002
Sec. 110-34. Boats on the beach.
(a) Purpose. Sailboats, rowboats and similar small boats without motors which do not require registration by the state may be stored on the city beach provided the boat is registered annually with the city and the boat is stored on the beach as set forth in this section to ensure the safety of all the users of the beaches. No other vessels or items may be stored on the beach.
(b) Registration; duties of owner. All boats placed on the beach for longer than 24 hours shall be registered annually, from September 1 to September 30, with the city manager, or designee, and the registration sticker visibly displayed on the rear left side of the boat. Unless otherwise approved by the city manager, or his designee, registration and storage of more than one boat in any given space is prohibited. Property owners or lessees of property adjacent to the beach may store boats on the sandy beach immediately west of the vegetated dune on their property or on public property immediately west of their property, provided that the boat is registered as required in this subsection. Permission, in writing, may be given by beach property owners to store boats on private property as described in this subsection. The individual granted this permission assumes all liability for and must adhere to all regulations of this section.
(1) If the boat is stored on public property at one of the identified beach access points, the boat owner shall register the boat with the city, at which time the following items shall be required and the owner shall provide the following:
a. Provide a signed indemnification waiver for the right to place the boat on the beach.
b. Provide liability insurance coverage with a $100,000.00 minimum.
c. Prove residence to confirm local notification ability and local availability.
d. Provide a picture of the boat.
e. Provide a telephone number for emergency contact.
f. Provide documentation of permission from the owner of private property, if applicable.
(2) When a boat owner registers a boat to be stored on the beach, the boat owner agrees to:
a. Abide by all sections of this comprehensive development code.
b. Adhere to the following storm and emergency condition notifications for the removal of boats from the beach:
1. During Condition 1, the boat owner must immediately check the boat to ensure that the tiedown is properly attached. The boat owner is required to check the boat each morning prior to 10:00 a.m.
2. During Condition 2, the boat owner must immediately remove the boat from the beach but is permitted to store the boat on the paved parking areas of the beach ends owned by the city. Once Condition 2 has passed, the boat owner is required to place the boat back on the beach area within 48 hours.
3. During Condition 3, the boat owner is required to remove the boat from the general beach area due to a projected storm. The boat cannot be returned to the beach area until public announcements have been given that Condition 3 has ended.
c. Follow the storm and emergency conditions upon the broadcast of an emergency identified by the city manager or hurricane watch or warning from the National Weather Service by the city. The city natural resources manager or other designee of the city manager will issue a news release to local radio and television stations informing residents of the need to remove boats stored on the beach during an emergency, high tides or severe weather. However, if the city does not issue such news release or the local radio and television stations do not broadcast the news release, the boat owner is responsible for removing the owner's boat from the beach during extremely high tides or severe weather and is responsible for any damage to or any damage caused by his boat under any conditions. Under no circumstances may boats be permanently or temporarily placed on the vegetated dune.
d. Assume total responsibility for any damage to the boat or caused by the boat.
e. Maintain the boat in good repair and operating condition.
f. Tie halyards so as to prevent them from banging against the mast and creating noise.
g. Anchor the boat according to the following criteria:
1. Anchors shall be required, subject to subsection (b)(2)g.2 of this section, and shall be either a standard eight-inch by eight-inch by 16-inch cement block sunk at least three feet in the sand or a tiedown auger, with a chain attached to the boat. Once installed, the anchor shall remain yearround until the boat is removed from the beach. No other anchoring system or structure of any kind is permitted.
2. To avoid interference with turtle nesting season, anchors shall be installed only during the period from November 1 through April 30. Once installed, the anchor shall remain in place yearround and until the boat is removed from the beach. A boat initially stored on the beach during the period from May 1 through October 31 shall not be required to be anchored until November 1.
(c) Location for storage. Any boat stored on the beach shall meet all of the following criteria:
(1) Boats registered for storage on public property shall be stored as follows:
a. Boats shall be only on the public right-of-way which extends west of the following approved beach access points. Approved beach access points for storage of boats are as follows:
1. Via Miramar; Seven spaces.
2. Central Avenue: Six spaces.
3. First Avenue South: Six spaces.
4. 17th Avenue South: Six spaces.
5. 18th Avenue South: Six spaces.
b. All boats shall be stored on the sandy beach immediately west of these beach access points within the right-of-way.
c. The beach access points listed in this subsection have been identified as appropriate for the storage of boats because, at the time of adoption of the ordinance from which this section is derived, sufficient sandy beach exists during normal conditions to provide for the storage of boats without interfering with the safe use of the beach by the public.
d. The storage of any boat west of any other beach access point not listed in this subsection is specifically prohibited.
e. Any boat found on property not identified in this subsection as an approved beach access point and which does not meet the provisions of this comprehensive development code shall be considered to be in violation of this comprehensive development code, and enforcement shall be as provided in subsection (d) of this section.
(2) No boat shall encroach upon the vegetated dune, even on a temporary basis.
(3) No boat shall be located in front of or in such a way as to interfere with the pedestrian or handicapped dune cross-overs or other pedestrian accessways.
(4) All boats shall be located in such a way as to allow for and not interfere with pedestrians walking on the beach above the normal high tide line.
(5) No boat trailers or other boat storage devices shall be stored on the beach.
(d) Enforcement. The city police department, or other department designated by the city manager shall enforce this section through any of the following mechanisms:
(1) If the owner of a boat fails to comply with this section, a statement of violation following the initial notice of violation may be referred to the code enforcement board.
(2) If the owner of a registered boat violates any part of this section, the city may cancel the registration and require the removal of the boat by the boat's owner.
(3) If the owner of a boat violates any part of this section, the city may remove the boat. The city shall not be responsible for the condition of or any damage to the boat. Upon removal of the boat, the city shall impound the boat for 30 days, after which the city shall have full authority to sell or dispose of the boat. The owner of the boat shall be responsible for boat removal and towing charges, in addition to a fee of $4.00 per day for each day or part thereof that the boat is impounded. The city may place a lien on the boat owner's property if the costs are not paid. The lien shall accrue interest at the rate of 16 percent per annum from the date of recording.
(4) If a boat is in violation of any part of this section and the boat is located on private property, the private property owner is responsible for the removal from the property of any boats which are in violation of this section.
(e) Storage other than on beach. This section does not apply to boats stored on private property and not on the beach. See section 110-85, pertaining to boat and trailer storage in dwelling districts, for regulations regarding boats stored on private property and not on the beach.
(f) Reassignment of spaces. If a space is vacant for 60 days the space will be considered abandoned by the owner, and the space may be reassigned. If a boat owner is out of the area for more than 60 days, he shall notify the chief of police or his designee of the time period he will be gone. The space may be reassigned during the duration of the boat owner's leave. The boat owner will have the space returned to him upon his return.
(g) [Applicability of storage regulations to city residents only.] Storage of boats on the beach, as provided in this section, shall only be available to city residents. For purposes of this section "city residents" means individuals whose residence is within the city, whether full-time or part-time, regardless of domicile.
(Comp. Dev. Code 1990, § 9-1-23; Ord. No. 02-9783, §§ 1--4, 9-4-02)
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