Submitted by Suanne Z. Thamm
Reporter – News Analyst
March 8, 2018 – 11:23 a.m.
Few issues polarize local opinion as much as beach driving and beach parking. For those old enough to remember the thrill of driving on the beach “back in the day,” recent efforts to curtail cars on the beach for reasons of safety or environment are merely another attempt to restrict their freedom. On the other side, those who promote environmental issues such as dune protection, bird migration and turtle nesting believe that the time has come and gone for motor vehicles on the beach.
The Fernandina Beach City Commission (FBCC) has been grappling with an ordinance change involving the beach parking area at the Sadler Road beach access. Proposed as Ordinance 2018-02 and first read at the FBCC’s February 6, 2018 Regular Meeting, the proposed changes would reduce the parking area on the beach at Sadler Road from 600 feet to 300 feet, placing the terminus of this parking area at the southern property boundary line of Seaside Park.
Parking on the beach has been permitted at the Sadler Road public access since the City Commission approved an “on-beach” parking area south of the north right-of-way line of Sadler Road to a point 600 feet south in the late 1980’s. But over time, the location of the markers delimiting the parking area have moved, resulting in the current 300-foot parking area. The purpose of the ordinance change was to reflect the reality of the 300-foot parking area, which has been uncontested over many years. However, beach parking proponents were vocal in opposition to the official restriction, calling instead for a return to what the current ordinance states: a 600-foot beach parking area.
Following First Reading of the ordinance, Commissioner Chip Ross met with City Fire Chief Ty Silcox, ocean rescue personnel and Mr. Lowell Hall representing Citizens for the Preservation of Public Beaches to draft a compromise as an alternative to resolving the current beach parking issues.
Ross presented a draft of an alternative ordinance during Commissioner Comments at the end of the March 6, 2018 FBCC meeting. He sought comments from other commissioners.
Ross suggested retaining the 600-foot length of the beach parking area at the Sadler Road access, but shifting it north. The new area would roughly run from the north edge of Sliders Seaside Grill property to the south end of Seaside Park. The shift would mean that there would be no beach parking permitted in front of residential property.
Whereas the ordinance change originally was limited to the size of the beach parking area, Ross has proposed extensive changes to other areas of the city code in an attempt to address the variety of concerns raised by the public during the first reading. Additional items the Ross proposal addresses, primarily with respect to beach safety concerns, include:
- Personal watercraft regulations
- Beach closures and restricted use
- Swimming
- Safety devices
- Sailboats, windsurf boards, and sailboards
- Personal water craft and boats
- Open fires prohibited
- Dog control
- Fishing lines
- Parking
- Traffic regulations and speed limit
Ross said that he was distributing his alternate draft to the commissioners and the media in hopes of encouraging public discussion prior to the Second Reading of the ordinance on March 20, 2018. He expressed his belief that his proposed changes increase beach safety, preserve the dunes and responds to what he characterized as a local cultural need to preserve beach parking.
Reaction from commissioners was mixed.
Commissioner Roy Smith cited previous problems with Sliders patrons destroying dunes in crossing from beach parking to the restaurant. “Everybody’s big fear,” Smith said, “is that people will climb those dunes to get to Sliders. I’ve heard it was bad before [when there was beach parking east of Sliders property]. I’m sure Sliders doesn’t care, but I’d be very careful in putting parking behind those dunes.”
Vice Mayor Len Kreger said that in quickly reviewing Ross’ proposal, he did not see anything about nighttime or protecting endangered species.
Ross allowed that the alternate proposal could be amended in any way the FBCC chose. He said he strove for transparency in the process. He said that there was a 25-foot buffer between the parking area and the dunes, but that a fence could be added. He suggested that perhaps a year following the adoption of the final ordinance, the issue should be revisited to see if it was working. Ross emphasized that his proposal was a compromise “between two volatile groups of people” that also included input from ocean safety staff.
Commissioner Phil Chapman expressed his desire to include fees for beach parking in the ordinance. Because there is a finite capacity for what is viewed as premium parking space, Chapman felt that lot would need to be monitored and closed when at capacity, necessitating a paid person. He also wanted assurances that “what happened recently at Peter’s Point doesn’t happen on our beach.” He said that what will amount to an expansion of current beach parking will result in additional trash and increased need for policing.
Ross said that he felt that including parking fees would delay implementation at a time when the upcoming beach season was looming. He understood the concern, but asked that beach parking fees be handled as a separate discussion.
Kreger also supported beach parking fees. He expressed concerns that by moving the parking north, the city was in effect creating free parking for Sliders, a commercial concern. He felt that charging for parking would help pay for damage to dunes at that location. Kreger felt that a parking fee at this location could be handled outside the general discussion of beach parking fees.
Miller stopped discussion, in light of the fact that the Ross alternate proposal had not been advertised as part of the meeting agenda. He also asked for an amendment that would ban plastic bags from the beach.
City Attorney Tammi Bach reaffirmed that Ordinance 2018-2 would come before the FBCC for second reading at the March 20, 2018 FBCC meeting. Ross thanked Bach for working with him to get his changes into proper format for his alternate proposal.
Bach asked that commissioners forward to her their additions for inclusion into a final, revised draft to be advertised for Second Reading at the March 20, 2018 FBCC meeting. If the FBCC decides against approving the modified Ordinance 2018-2, opting instead to substitute Commissioner Ross’ alternative resolution, several more readings will probably be required.
Commissioners seek your input on proposed changes.
Below is the full text of the revised draft presented by Commissioner Chip Ross. While the Fernandina Observer does not routinely publish the text of proposed ordinances, we have made an exception here because of the breadth of changes proposed between First and Second Reading. This draft is subject to change between now and the publication of the ordinance for Second Reading at the March 20, 2018 meeting. Note that underlined portions represent additions, and strikethroughs represent deletions to current code language.
PROPOSED ALTERNATE DRAFT AFTER FIRST READING
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FERNANDINA BEACH, FLORIDA, AMENDING CHAPTER 90, ARTICLE II, BEACHES, OF THE CODE OF ORDINANCES; CREATING SECTION 90-33 PERSONAL WATERCRAFT REGULATIONS; CREATING SECTION 90-34 BEACH CLOSURES AND RESTRICTIONS; CREATING SECTION 90-35 SWIMMING REGULATIONS; CREATING SECTION 90-36 FLOTATION DEVICES; CREATING SECTION 90-37 SAFETY DEVICES; CREATING SECTION 90-38 SAILBOATS AND SAILBOARDS; CREATING SECTION 90-39 LAUNCHING PERSONAL WATERCRAFT AND BOATS FROM BEACHES; CREATING SECTION 90-40 PROHIBITING OPEN FIRES; AMENDING SECTION 90-45 REQUIRING DOGS BE UNDER CONTROL; AMENDING SECTION 90-46 RESTRICTING FISHING NEAR LIFEGUARD TOWERS; AMENDING SECTION 90-47 PROHIBITING PARKING NEAR LIFEGUARD TOWERS; AMENDING SECTION 90-48 BY MODIFYING THE DESIGNATED PARKING AREA FOR VEHICLES ON THE BEACH AT THE SADLER ROAD ACCESS BY ADJUSTING THE NORTH AND SOUTH BOUNDARIES TO INCLUDE 600 FEET OF PARKING; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF FERNANDINA BEACH, AS FOLLOWS:
SECTION 1. That the Code of Ordinances, City of Fernandina Beach, Florida, is hereby amended by adding a section to be numbered 90-33, which section shall read as follows:
Sec. 90-33. – Personal Watercraft Regulations.
(a) Any person, except a lifeguard or law enforcement officer when necessary to the performance of his/her duties, shall operate in the Atlantic Ocean or launch from the beach, a personal watercraft in the following manner:
- No closer than fifteen hundred (1,500) feet in either direction of the lifeguard tower;
- Not in a reckless, unsafe, or careless manner endangering life, limb, or property of any person (provided that the exceptions set forth above shall not, in any event, authorize unnecessary or unreasonable conduct);
- Not in violation of the provisions of Florida Statutes, §327.65(2)(a)1 and 2, which is adopted as part of this article and incorporated in this section by reference;
- The personal watercraft must meet the safety regulations and safety equipment requirements mandated by Florida Statutes, §327.50, which is adopted and incorporated herein by reference;
- Each person riding on or being towed behind such vessel must be wearing a Type I, Type II, Type III, or Type V personal flotation device, other than an inflatable device, as approved by the United States Coast Guard;
- The person operating a personal watercraft equipped by the manufacturer with a lanyard type engine cut-off switch attachment must have such lanyard attached to his/her person, clothing, or personal flotation device as is appropriate for the speed of the craft;
- The person operating any personal watercraft on the waters of this state and city shall not be under fourteen (14) years of age; and
- A person born after September 30, 1980 may not operate a personal watercraft, unless such person has in his/her possession aboard the personal watercraft, a photographic identification and a boater safety identification card issued by the Florida Fish and Wildlife Conservation Commission.
(b) Penalties.
(1) Any person who is found guilty of reckless operation of a personal watercraft shall be deemed to have committed a misdemeanor of the first degree punishable as provided in Florida Statutes, §§775.08 or 775.083.
(2) Any person who is the owner of a personal watercraft or any person having charge over or control of a personal watercraft, who authorizes or knowingly permits the personal watercraft to be operated by a person under fourteen (14) years of age or to be operated by any person who has not received instruction in the safe handling of personal watercraft in compliance with the rules established by the Florida Fish and Wildlife Conservation. Commission, commits a misdemeanor of the second degree punishable as provided in Florida Statutes,
- §775.082 or 775.083.
(3) Any person cited by a law enforcement officer for violation of the provisions of section 90-33(a)(1), (4), (5) or (6) shall be deemed to be charged with a non- criminal infraction and shall be issued a civil citation pursuant to Florida Statutes, §327.73.
SECTION 2. That the Code of Ordinances, City of Fernandina Beach, Florida, is hereby amended by adding a section to be numbered 90-34, which section shall read as follows:
Sec. 90-34. – Beach Closures and Restricted Use.
The Fernandina Beach Police or any Fernandina Beach lifeguard have the authority to temporarily close or restrict the use of the beach or ocean because of crowd conditions, presence of sharks, electrical storms, tides, currents, wind conditions, or other dangers to public safety.
Lifeguards and the sheriff’s deputies may utilize all available means pursuant to this authority and may indicate the closure through signage, or other available means, or utilize the assistance of any other law enforcement agency.
SECTION 3. That the Code of Ordinances, City of Fernandina Beach, Florida, is hereby amended by adding a section to be numbered 90-35, which section shall read as follows:
Sec. 90-35. – Swimming.
No person, except a lifeguard or other person engaged in a rescue attempt, shall swim or bathe more than three hundred (300) feet perpendicular to the water’s edge, or in an area designated exclusively for personal water craft, when personal water craft are present. Any lifeguard has the authority to order anyone violating this section out of the water as well as utilizing the assistance of a law enforcement officer.
SECTION 4. That the Code of Ordinances, City of Fernandina Beach, Florida, is hereby amended by adding a section to be numbered 90-36, which section shall read as follows:
Sec. 90-36. – Rafts, floats, and other flotation devices.
No person shall utilize any raft, float, “boogie” board, belly board, or other flotation device of any description, except for a boat, surfboard, wind surf board, or sailboard, more than three hundred (300) feet from the water’s edge. Any lifeguard has the authority to order anyone violating this section out of the water as well as utilizing the assistance of law enforcement.
SECTION 5. That the Code of Ordinances, City of Fernandina Beach, Florida, is hereby amended by adding a section to be numbered 90-37, which section shall read as follows:
Sec. 90-37. – Safety devices.
Surfboards and/or boogie boards shall at all times while in the ocean be attached to the user, by a surf leash. A surf leash is a neoprene, rubber or other elastic cord not exceeding 12 feet in length, one end attached to the surf board and the other end to the ankle of the user. All other types of flotation devices, including rafts and floats, but excluding boats, wind surf boards, or sailboard, shall be equipped with safety ropes which shall extend around the perimeter of the flotation device and be securely fastened in such a manner as to be securely grasped by swimmers. None of the foregoing requirements shall pertain to wind surfboards or sail boards. Any lifeguard has the authority to order anyone violating this section out of the water as well as utilizing the assistance of law enforcement.
SECTION 6. That the Code of Ordinances, City of Fernandina Beach, Florida, is hereby amended by adding a section to be numbered 90-38, which section shall read as follows:
Sec. 90-38. – Sailboats, windsurf boards, and sailboards.
No person shall operate a sailboat closer than five hundred (500) feet from the water’s edge, except to go to and from the shore by the most direct means possible in a safe and reasonable manner. Sailboats must be pulled west of the lifeguard towers while parked on the beach during daylight hours. Any lifeguard has the authority to order anyone violating this section out of the water as well as utilizing the assistance of law enforcement.
SECTION 7. That the Code of Ordinances, City of Fernandina Beach, Florida, is hereby amended by adding a section to be numbered 90-39, which section shall read as follows:
Sec. 90-39. – Personal water craft and boats.
(a) No person, except a lifeguard or law enforcement officer, shall operate in the ocean or launch from the beach a personal water craft, except on that portion of the ocean or beach, no closer than fifteen hundred (1,500) feet in either direction of the lifeguard tower.
(b) No person shall operate a personal water craft or boat closer than five hundred (500) feet from the water’s edge, except to go to and from the shore by the most direct means possible at idle speed.
(c) Penalties for violation of this section shall be in accordance with Section 1-12 of this Code of Ordinances, including but not limited to fines up to $500 and/or up to 60 days in county jail.
SECTION 8. That the Code of Ordinances, City of Fernandina Beach, Florida, is hereby amended by adding a section to be numbered 90-40, which section shall read as follows:
Sec. 90-40. – Open Fires Prohibited.
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 city may require a one-hundred dollar ($100.00) refundable application fee 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 gas. Heating devices fueled by wood, charcoal, or similar materials shall be prohibited.
SECTION 9. It is hereby proposed that Article II, In General, Section 90-45 of the Code of Ordinances, City of Fernandina Beach, Florida is hereby amended to read as follows:
Sec. 90-45. – Dog control.
(a) Dogs may be permitted on the Atlantic Ocean beaches, but must be under leash not exceeding 16 feet in length, as defined by the city’s animal control regulations, at all times.
(b) It shall be the duty of each person who is in the company of or responsible for a dog on areas other than the property of such person to remove any feces left by the dog on any yard, sidewalk, gutter, street, right-of-way, beach or other public or private place.
(c) It shall further be the duty of any person while in direct control of a dog to have in his/her possession a plastic bag or “pooper scooper” or other such device sufficient for use in the removal of canine waste.
(d) Any person who violates this section may receive a citation and penalty in the amount of $75.00, and if such violator wishes to appeal the citation, the appeal shall be to the special magistrate in accordance with section 2-399 of this Code.
SECTION 10. It is hereby proposed that Article II, In General, Section 90-46 of the Code of Ordinances, City of Fernandina Beach, Florida is hereby amended to read as follows:
Sec. 90-46. – Fishing lines.
No person shall employ or use any fishing lines or equipment in a manner which prohibits or interferes with the rights of the general public to pass on the Atlantic Ocean beaches or within 300 yards north and south of any staffed Ocean Rescue Tower (lifeguard). It is specifically prohibited to extend any fishing line across the entire width of the beach, from the mean high water mark to the actual water line, which interferes, restricts or prohibits passage.
SECTION 11. It is hereby proposed that Article II, In General, Section 90-47 of the Code of Ordinances, City of Fernandina Beach, Florida is hereby amended to read as follows:
Sec. 90-47. – Parking on or near beaches.
(a) Parking of vehicles on the Atlantic Ocean beaches and in other designated parking areas within street rights-of-way abutting the Atlantic Ocean beaches shall be prohibited at certain hours to be designated by the city manager. Vehicles parked at the Sadler Road beach parking access, shall not at any time restrict the view of the Ocean Rescue lifeguard towers.
(b) The city manager shall determine and designate which parking areas shall be subject to this section, and shall post sufficient signs to identify the areas.
(b) Any person who violates this section may receive a citation and penalty in the amount of $500.00, and if such violator wishes to appeal the citation, the appeal shall be to the special magistrate in accordance with section 2-399 of this Code.
SECTION 12. It is hereby proposed that Article II, In General, Section 90-48 of the Code of Ordinances, City of Fernandina Beach, Florida is hereby amended to read as follows:
Sec. 90-48. – Traffic regulations; speed limit.
(a) It shall be unlawful for traffic to proceed on the Atlantic Ocean beaches except as follows:
(1) There shall be no vehicular driving except in those areas designated by the city commission.
(2) No vehicular traffic shall be permitted except at the designated parking area at the Sadler Road access. and except as permitted in subsection (a)(4) and (a)(5) of this section.
(3) There shall be a designated parking area for vehicular traffic that shall extend from the north line of Parcel ID# 00-00-31-1460-0045-0000 according to public records of the Nassau County Property Appraiser of the Sadler Road access south boundary line of the Sadler Road right-of-way to a point approximately 600 300 375 feet south and terminating at the south line of public beach access #21 and extending approximately 225 feet north from the north boundary line of the Sadler Road right-of-way of the south line of the Sadler Road access along the Atlantic Ocean beach. There shall be no parking permitted within the Sadler Road right-of-way as it extends to the mean high water line of the Atlantic Ocean beach. This area may be changed, based upon demand, by action of the city commission; provided, however, that such areas may not be enlarged or reduced without a prior study and determination of a demonstrated need for such expanded or enlarged or reduced area.
(a) In the above-described parking area only, there shall be established an emergency access area for the use of first responders, lifeguards and official personnel where parking and vehicular traffic is prohibited. This emergency access area shall be measured from the toe of the primary frontal dune (as defined by the Federal Emergency Management Agency-FEMA) or terminus of any manmade structure seaward a distance of 25 feet, as established in the sole discretion of the City.
(4) The city commission may, by resolution, authorize an individual special permission to operate a vehicle on the Atlantic Ocean beach in areas not otherwise authorized to traffic. This permit shall be granted under consideration of hardship and shall be limited to the purpose stated in the resolution.
(5) Certain vehicles permitted; issuance of permits.
- In addition to the above, there shall be permitted two-way driving south of the Sadler Beach parking area only for:
(1) On a first come, first serve basis, disabled persons with a valid disabled person parking permit issued pursuant to F.S. § 320.0848. Each disabled person eligible to receive a beach-driving permit hereunder shall be a city resident and is solely responsible for providing proof of successful completion of beach driving training. The city has information and options available for completing such beach driving training.
(2) Only automobiles and trucks, as defined by F.S. § 320.01, are permitted to be driven on city beaches with a valid permit issued by the City pursuant to subsection 5 a.(1) above.
- It is the intent of this subsection (a)(5) to permit restricted beach vehicular driving to accommodate disabled persons and shall not be construed in any manner to authorize or permit unrestricted beach driving or cruising. The number of permits to be issued pursuant to this subsection shall be limited to no more than 15 such permits per year, and such permits shall each expire on September 30 th each year. The city manager shall promptly advise the city commission whenever the number of such permits outstanding equals 15.
(6) Upon presentation of proper identification, annual permits authorized by subsection (a)(5) of this section shall be issued at city hall. The fee for disabled persons shall be waived.
(7) Any permit holder determined to have violated any of the provisions of this section shall be subject to having his/her permit revoked upon written notice and hearing before the city manager on the same.
(b) It is unlawful to exceed the vehicular speed limit of 15 3 miles per hour, or to operate a vehicle in a careless or reckless manner on the Atlantic Ocean beaches. By resolution, the speed limit may be reduced upon determination of the city police department or the proper authorities.
SECTION 13. Severability. In the event that any word, phrase, clause, sentence or paragraph hereof shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence or paragraph hereof.
SECTION 14. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption.
It is my opinion that civilian driving on our precious beaches should be completely forbidden. For so many reasons!