Chapter 5 BEACHES, BOATS, PARKS AND RECREATION

ARTICLE I. IN GENERAL

 Sec. 5-1. Enforcement of chapter.

This chapter shall be enforced by the police department of the town. (Ord. No. 247, 10, 5‑15‑79)

Sec. 5-2.  Hours of operation.

 The following parks shall remain open to the public from 6:00 am until 9:00 pm: Dewey, Ernest Kouwen-Hoven Riverside, Gus Carey, Indialantic Ocean Beach (south of Lot 20, Block 38, Indialantic by-the-Sea, Plat Book 3, Page 35, Public Records of Brevard County, Florida), Indian River, Lily, Orlando, Sea Park, Sunrise,  Tradewinds, Vincent Benevente Sunset, Wavecrest and Wavecrest Extended.  Douglas Park shall remain open to the public from 5:00 am until 10:00 pm.  Nance Park and Indialantic Ocean Beach Park (which runs from Nance Park to the southern boundary of  Lot 20, Block 38, Indialantic by-the-Sea, Plat Book 3, Page 35, Public Records of Brevard County, Florida) shall remain open to the public from 6:00 am to 1:30 am.

a)   The permitted hours of operation for a Town park may be extended by the Town Manager for special occasions.

(Ord. No. 01-12, 1, 7-17-01; Ord. No. 02-17, 1, 8-20-02; Ord. 04-10, 1, 8-17-04; Ord. 15-04, 1, 6-10-15; Ord. 15-09, 1, 9-9-15)

Sec. 5-3.  Closing of ocean or river during dangerous conditions.

During any period when the Atlantic Ocean or Indian River is declared by the town manager to be dangerous for any reason, a notice will be posted closing such areas to the use of the public and no protection will be offered or provided to persons using the area during such period.

(Ord. No. 01-12, 2, 7-17-01)

Sec. 5-4.    Vehicle Access.

No car, truck, camper, bus or recreational vehicle of any type shall be driven onto park property other than in regularly designated facilities provided for that particular type of vehicle, unless directed otherwise by a police officer or authorized park attendant when conditions so warrant. The above shall not be construed as prohibiting town‑owned or town authorized utility vehicles from entering upon park lands for maintenance purposes.

(Ord. No. 01-12, 3, 7-17-01)

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 *Cross reference—Animals prohibited in parks, on beaches, 4-21; misuse of public trash receptacles, 8-17; sleeping, camping in a public place, 10-24; trees and shrubs generally, Ch. 16

Sec. 5-5.  Parking.

The town manager shall cause to be erected certain signs outlining those areas where parking is permitted or prohibited.

(Ord. No. 01-12, 4, 7-17-01)

Sec. 5-6.  Animal Access.

No person shall be permitted to take any domestic animal into any park whether on a leash, in arms, or running at large.  Dogs trained to assist or aid disabled or handicapped persons when such dogs are actually being used to assist or aid such person are permitted.

(Ord. No. 01-12, 5, 7-17-01)

Sec. 5-7.  It shall be unlawful to build a fire, open flame or containerized (e.g. in or on a grill or hibachi), in or on any park structure (e.g. gazebo, pier, boardwalk, parking lot.

 Sec. 5-8.  Special events.

(a)    The Town Manager or his designee may issue permits for special events within Town parks.  Special events may include but are not limited to art shows, craft shows, surfing contests and paddle board contests.

(b) A special events sponsor is liable for and shall in writing indemnify and hold harmless the Town for any injury (including death) to person or property occurring at, or as a direct or indirect result of, any special event.  Prior to engaging in a special event, the sponsor shall present to the Town a copy of a liability insurance policy in the amount of at least $200,000 per person/$300,000 per occurrence insuring the sponsor and the Town, as an additional insured.  The policy, paid for by the sponsor, shall be written by a company authorized to write insurance within the State of Florida and shall be rated as a standard company rated at A+ or better by A.M. Best’s Rating Guide or equivalent specifications as approved by the Town Manager.  The policy shall be non-cancelable without at least ten (10) days written notice to the town prior to cancellation. (Ord. 13-02, 1, 11-20-12)

5-9-5-13.  Reserved.

ARTICLE II. BOATS AND BOATING

 Sec. 5‑14. Exemption from certain regulations for boats on Intracoastal; Definitions.

 (a)  The provisions of this article relating to the operation or equipment of boats shall not apply to boats operated on the Florida Intracoastal Waterway, if, but only if, such applicability is prohibited by Section 327.60, Florida Statutes.

(b) For the purposes of this article, the following terms shall be defined to mean:

(1)  Boat means and refers to a “vessel” as defined herein.

(2) Causeway means and refers to the causeway connecting the town and the city of Melbourne by way of U.S. 192.

(3) Personal watercraft means and refers to a “personal watercraft” as defined in Section 327.02, Florida Statutes.

(4) Vessel means and refers to a “vessel” as defined in Section 327.02, Florida Statutes.

(Ord. No. 97-8, 1, 5-6-97)

Sec. 5‑15. Observance of health, sanitation, conduct regulations.

 All persons on board boats or vessels docked, moored or tied to land, docks, piers or wharves, abutting the public waterways in the town, shall observe all the health and sanitary regulations of the town, and all ordinances of the town relating to the conduct of persons and prohibiting acts contrary to public health, morals, safety or public peace, including ordinances prohibiting disorderly conduct and loud and boisterous noises which disturb the peace of the neighborhood. (Code 1962, 8-21)

Sec. 5-16. Garbage disposal.

It shall be unlawful for persons upon such boats to dump or throw garbage, paper, bottles, cans, fishing paraphernalia or other refuse or debris into such waterways. (Code 1962, 8-22; Ord. 01-12, 6, 7-17-01)

Cross reference–Garbage and trash generally, Ch. 8.

Sec. 5-17. Abandonment prohibited.

 It shall be unlawful for any person to abandon any boat or watercraft in the public waterways within the town. (Code 1962, 8-20)

State law reference–Abandoned and derelict vessels, F.S. 823.11.

Sec. 5-18. Use of searchlights, warning devices.

The indiscriminate use of searchlights, horns, whistles, or bells on any watercraft within the corporate limits of the town is prohibited. (Code 1962, 8-19)

 Sec. 5-19. Speed causing harmful wake.

No boat or vessel shall be operated upon any waterway in the town at a rate of speed which causes waves to damage docks, wharves, sea walls, or boats moored or tied to docks or wharves along such waterway. (Code 1962, 8-14)

Sec. 5-20. Deleted (Ord. No. 01-12, 7, 7-17-01)

 Sec. 5-21. Operation near shore of causeway.

 (a)  It shall be unlawful to operate any boat, vessel or personal watercraft within one hundred (100) feet of the shore line portion of the  causeway within the town, except as hereinafter provided.

(b)   No boats or personal watercraft shall be launched or retrieved from the causeway.

(c)   No boats or personal watercraft may be beached on the causeway except: (A) for the purpose of effectuating emergency repairs to said boat or personal watercraft; or (B) to protect life or property.

(d)   Boats or personal watercraft operating within one hundred (100) feet of the causeway shall operate at a speed not in excess of ten (10) miles per hour.

(Code 1962,  8‑13; Ord. No. 97-8, 2, 5-6-97)

Sec. 5‑22. Skiing, aqua‑planing south of causeway.

 It shall be unlawful for any person to engage in water skiing or aqua‑planing within one hundred yards of the south side of the causeway within the town. Water skiing or aqua‑planing south of the causeway shall proceed in a counter‑clockwise circular pattern. (Code 1962,  8‑3)

Sec. 5‑23. Docking on private property without permission.

 No vessel or watercraft of any kind whatsoever shall moor to or tie up to a private sea wall or dock or be beached upon private property without the permission of the owner thereof. (Code 1962,  8‑16)

State law reference – Similar provisions, F.S.  823.11.

Secs. 5‑24–5‑33. Reserved.

ARTICLE III. OCEAN BEACH*

 DIVISION 1. GENERALLY

 Sec. 5‑34. Applicability.

The provisions of this article shall apply to that portion of the Atlantic Ocean beach in the town which is devoted to public use and is under the control of the town. (Ord. No. 01-12, 8, 7-17-01)

Sec. 5‑35. Powers of lifeguards; obedience to commands.

 The duly employed lifeguards on the beach are authorized to require persons using the beach and public property adjacent to such beach serving such beach to obey reasonable commands designed to protect the public and public property in the use of such beaches and adjacent property as aforesaid, and the failure to obey any lawful command of the guards shall be a violation of this Code. (Code 1962,  6‑13)

Sec. 5‑36. Damaging property.

It shall be unlawful to injure or destroy any buildings, tables, chairs, or other town property situated on the public beach. (Code 1962,  6‑15)

State law reference — Criminal mischief, F.S.  806.13.

Sec. 5‑37. Misuse of property and equipment.

It shall be unlawful to use or occupy buildings, tables, chairs, or other town property situated on the public beach, other than for the purposes for which the property was constructed, placed and intended to be used on the beach. (Code 1962,  6‑15)

Sec. 5‑38. Destroying, damaging or altering beach front.

 It shall be unlawful for any person to destroy, damage, or alter in any way the beach front. (Code 1962,  6‑2)

Sec. 5‑39. Removing sand or other earth.

 It shall be unlawful for any person to remove and carry away for commercial use or purposes any sand, shell, gravel or other earthen material from the ocean beach within the limits of the town between the ocean bluff and the low water mark of the spring tides. (Code 1962,  6‑1)

Sec. 5‑40. Vehicles prohibited.

(a)     For the purpose of this section, the following terms shall be defined to mean:

(1)  Beach means and refers to that area, referenced in section 5‑34, within the town and running landward from the low waterline of the Atlantic Ocean.

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*Cross reference–Possessing, consuming alcoholic beverages in vicinity of beach, 3‑6; animals prohibited on beaches, 4-21.

(2) Motor vehicle means and refers to any self‑propelled vehicle operated by gas, diesel, electric, or other engine power, and not operating upon rails or guideways. Motor vehicles shall include but not be limited to beach buggies, all terrain vehicles, tractors, buses, automobiles, mopeds, motor­cycles, boats, and personal watercraft.

(3)   Personal watercraft means and refers to “personal watercraft” as defined in Section 327.02, Florida Statutes.

(b)     It shall be unlawful for any motor vehicle to be operated on or along the beach, or for any motor vehicle to be launched from or landed upon any beach. This section shall not apply to motorized equipment or motor vehicles lawfully used by governmental authorities or their agents in the maintenance of the beach; used solely for emergency rescue of boaters, swimmers, sunbathers, or other persons in distress; or used by law enforcement personnel in the pursuit of their governmental duties. (Code 1962,  6‑3; Ord. No. 90‑6,  1, 2‑20‑90; Ord. 97-8, 3, 5-6-97)

Sec. 5‑41. Dangerous games.

Any game which may endanger the safety of others on the beach may be prohibited at the discretion of the chief of police. (Code 1962,  6‑6)

 Sec. 5-42. Area reserved for swimmers.

From the first day following the last day of school under the Brevard County school district’s schedule to and including Labor Day of each year, the beach and water area between Sixth Avenue and Eighth Avenue is reserved for the exclusive use of swimmers and bathers between the hours of 10:00 a.m. and 5:00 p.m. Lifeguards on duty may, due to weather or density of bathers, reduce this restricted area as appropriate. This area will be marked by signs showing the limits in order that people may identify such boundaries. (Code 1962, 6-21; Ord. No. 86-15, 1, 5-20-86; Ord. No. 01-12, 9, 7-17-01)

Sec. 5‑43. Use of floats and float boats

(a)   No float or float boat shall be rented or used in the Atlantic Ocean during west winds having a velocity of over twenty (20) miles per hour.

(b)   No child under the age of twelve (12) years shall be allowed or permitted to rent or use any float or float boat unless accompanied by his parents or a responsible adult.

(c)   The use of floats and float boats shall be prohibited in the Atlantic Ocean when the beach and ocean have been closed for swimming purposes by order of town manager.

(Code 1962,  6‑35, Ord. No. 01-12, 10, 7-17-01)

Sec. 5‑44. Safety ropes for floats and float boats.

No float or float boat shall be rented or used in the Atlantic Ocean unless it shall be equipped with safety ropes, such safety ropes to extend around the perimeter of the float or float boat and be securely fastened at each corner in such a manner as to be easily grasped by swimmers. (Code 1962, 6‑36)

 Sec. 5-45. Picnicking; fires.

Picnicking is permitted on the beach, provided that all trash and rubbish are promptly removed and properly disposed of. It shall be unlawful to build a fire on the beach, whether for cooking or otherwise, without a permit from the fire department. (Code 1962,  6‑5)

Sec. 5-46. Reserved.

 Editor’s note–Ord. No. 84‑351,  1, adopted Sept. 18, 1984, repealed  5‑46, pertaining to littering on beaches, derived from Code 1962,  6‑5.

 Sec. 5‑47. Deleted (Ord. 01-12, 11, 7-17-01)

 Sec. 5‑48. Nudity; indecency.

 It shall be unlawful to appear at the beach in the nude, or to appear in improper dress on the beach, or to permit an indecent exposure of the person, or to be guilty in any way of indecent or lewd behavior. (Code 1962,  6‑8)

Cross reference--Indecency generally,  10‑10.

State law reference–Indecent exposure of the person, F.S.  800.03.

Sec. 5‑49. Deleted (Ord. 01-12, 11, 7-17-01)

 Sec. 5‑50. Dressing, undressing.

It shall be unlawful for any person to dress or undress, or change to or from a bathing suit, from or in any automobile or other vehicle, vacant lot or other place at the beach exposed to public view. (Code 1962,  6‑12)

Cross reference–Indecency generally,  10-10.

 Sec. 5‑51. Urination or defecation.

It shall be unlawful to urinate or defecate on the beach. (Code 1962,  6‑9)

Sec. 5‑52. Tents for overnight occupancy.

It shall be unlawful to place any tent or other temporary structure on the beach for overnight occupancy. (Code 1962,  6‑4)

Secs. 5‑53–5‑62. Reserved.

 DIVISION 2. CONCESSIONS

Sec. 5‑63. Procedure for issuance of franchise.

(a) When the town council shall, by ordinance or resolution, provide for one or more concessions on the beach, or on the streets or property adjacent thereto, the franchise for each concession shall be awarded to the highest or best responsible bidder determined on the basis of sealed bids.

(b) Invitation to bid shall be published in a newspaper of general circulation in the town one or more times not less than ten (10) days prior to the date for receiving such bids.

(c) The invitation to bid shall require that all bidders furnish complete personal histories, the names and addresses of one or more character references, and such further information as the council shall determine.

(d) The council may, in its discretion reject any or all bids.

(e)  The town manager may enable concessions and/or vendors to locate on the beach, or on the streets or property adjacent thereto, for special events.

(Code 1962,  6‑26; Ord. 02-14, 3, 6-18-02; Ord. 14-12, 1, 9-16-14)

Sec. 5‑64. Duration.

Franchises to operate concessions on the public beach, or on the streets or property adjacent thereto, shall be limited to a time period of up to one year, and shall expire no later than the first day of October of each year.  Any franchises issued by the town manager shall not exceed twenty-four (24) consecutive hours in duration.  Franchises may be renewed on an annual basis by the town council. (Code 1962,  6‑27; Ord. 02-14, 4, 6-18-02; Ord. 14-12, 2, 9-16-14)

 Sec. 5‑65. Permit required.

 It shall be unlawful to operate any concession of any nature whatsoever upon the public beach, or upon property or streets adjacent thereto, without a franchise evidenced by a permit issued by the town council or the town manager. (Code 1962,  6‑28; Ord. 02-14, 5, 6-18-02)

Sec. 5‑66. Transfer of permit.

 No permit issued by the town council under the provisions of this division shall be transferable except upon the express written consent of the council. The town clerk shall collect a transfer fee of one hundred dollars ($100.00) from the transferee prior to the transfer or assignment of the permit. (Code 1962,  6‑29)

Sec. 5‑67. Suspension or revocation of permit.

(a) Any permit issued under the provisions of this division may be suspended or revoked for failure to observe reasonable standards of safety and sanitation, or for a violation of a state law or any provision of this Code.

(b) A hearing shall be held by the council, upon not less than twenty‑four (24) hours’ notice, to determine whether cause, as provided in subsection (a), exists, and whether the permit should be suspended or revoked.

(c) The revocation or suspension of a permit hereunder shall also operate to automatically revoke or suspend the business tax of the permittee and no portion of the business tax or any other fees paid to the town shall be refunded. (Code 1962,  6‑30; Ord. 14-03, 1, 1-21-14; Ord. 14-12, 3, 9-16-14)

Sec. 5‑68. Business tax required.

Concessionaires hereunder shall also be licensed in accordance with Chapter 9 of this Code. (Code 1962,  6‑31; Ord. 14-03, 2, 1-21-14)

 Sec. 5‑69. Expiration of license terminates permit.

 If a business tax receipt is required and the required business tax receipt fee has not been paid on the first day of October, the concession permit shall be deemed to have been terminated, and the operator shall be required to obtain a new permit from the council prior to obtaining a new business tax receipt. (Code 1962,  6‑33; Ord. 14-12, 5, 9-16-14)

Sec. 5‑70. Insurance required.

 Before a concession permit shall be issued, a liability insurance policy providing coverage of one million dollars ($1,000,000) per person/per occurrence, and a property damage policy providing coverage of fifty thousand dollars ($50,000) shall be purchased.  Said insurance shall insure the concessionaire and list the town as an “additional insured” or “loss payee,” as the case may be.  As a condition of issuance of the concession license, these policies must be continuously maintained in effect at all times during which the concession license is in effect.  If at anytime the insurance shall be non-renewed or cancelled, the concession license shall terminate. All insurance shall be occurrence based in nature.  Claims made insurance shall not be acceptable.  All insurance shall have a deductible of no more than five thousand dollars ($5,000) and shall be issued by an insurance company approved to write insurance of the type required by this code in the State of Florida by the Florida insurance commissioner.  The insurance company shall be rated as “A” or better by Best’s Rating Guide and have a financial quality rating of VII or better.  To the extent feasible the insurance policy shall include a provision that the policy can not be non-renewed or cancelled without at least thirty (30) days’ prior notice to the town.  The concessionaire shall also complete an agreement containing an indemnification clause in favor of the town, indemnifying the town for the concessionaire’s activities within the town pursuant to concession to be permitted.  A copy of such policy shall be furnished to the town clerk at the time of application for a permit.  (Code 1962,  6‑34; Ord. 01-10, 1, 6-19-01; Ord. 14-12, 6, 9-16-14)

Sec. 5‑71. Personnel required on duty at float conces­sion.

 Each person operating a beach concession evidenced by a permit from the council shall keep on the beach at all times when floats or float boats are rented or leased or otherwise supplied to users thereof, a person to supervise and direct the use of the floats or float boats, and to instruct persons in the proper use thereof. (Code 1962,  6‑37)

Secs. 5‑72–5‑79. Reserved.

DIVISION 3. TURTLE PROTECTION*

 Sec. 5‑80. Definitions.

For the purpose of this division, the following terms shall have the meaning set forth in this section:

(a) Artificial light: Any source of light emanating from a man­made device, including but not limited to, incandescent mercury vapor, metal halide, or sodium lamps, flashlights, spotlights, street lights, vehicular lights, construction or security lights.

(b) Beach: That area of unconsolidated material that extends landward from the mean low water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation (usually the effective limit of storm waves).

(c) Coastal construction control line (CCCL): The line established pursuant to the provisions of Section 161.053, Florida Statutes.

(d) Floodlight: Reflector type light fixture which is attached directly to a building and which is unshielded.

(e) Low profile luminaire: Light fixture set on a base which raises the source of the light no higher than forty‑eight (48) inches off the ground, and designed in such a way that light is directed downward from a hooded light source.

(f) New development: Shall include new construction and remodeling of existing structures when such remodeling includes alteration of exterior lighting.

(g) Person: Any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit or federal, state, county or municipal government.

(h) Pole lighting: Light fixture set on a base or pole which raises the source of light higher than forty‑eight (48) inches off the ground.

(i) Tinted or filmed glass: Window glass which has been cov­ered with window tint or film such that the material has:

(1)     An industry-approved inside-to-outside light transmittance value of forty-five percent (45%) or less, and

(2)     A minimum five‑year warranty, and

(3)     Adhesive as an integral part, and

(4)     Performance claims which are supported by approved testing procedures and documentation.

(j) Shading coefficient: A coefficient expressing that percentage of the incident radiation which passes through the window as heat. (Ord. No. 86‑9, 1(1), 4‑15‑86; Ord. No. 07-08, 1, 5-17-07)

Sec. 5‑81. Purpose.

 The purpose of this division is to protect the threatened and endangered sea turtles which nest along the south beaches of Brevard County, Florida, by safeguarding the hatchlings from sources of artificial light. (Ord. No. 86‑9, 1(2), 4‑15‑86)

Sec. 5‑82. New development.

 It is the policy of the Indialantic Town Council that no artificial light illuminate any area of the beaches of Indialantic, Florida. To meet this intent, building and electrical plans for con­struction of single‑family or multifamily dwellings, commercial or other structures including electrical plans associated with parking lots, dune walkovers or other outdoor lighting for real property if lighting associated with such construction or development can be seen from the beach, shall be in compliance with the following:

(1)  Floodlights shall be prohibited. Wall mounted light fixtures shall be fitted with hoods so that no light illuminates the beach.

(2)  Pole lighting shall be shielded in such a way that light will be contained within an arc of three (3) to seventy‑three (73) degrees on the seaward side of the pole. Outdoor lighting shall be held to the minimum necessary for security and convenience.

(3)  Low profile luminaires shall be used in parking lots and such lighting shall be positioned so that no light illuminates the beach.

(4)  Dune crosswalks shall utilize low profile shielded luminaires.

(5)  Lights on balconies shall be fitted with hoods so that lights will not illuminate the beach.

(6)  Tinted or filmed glass shall be used in windows facing the ocean above the first floor of multistory structures. Shade screens can be substituted for this requirement.

(7)  Temporary security lights at construction sites shall not be mounted more than fifteen (15) feet above the ground. Illumination from the lights shall not spread beyond the boundary of the property being developed, and in no case shall those lights illuminate the beach. (Ord. No. 86‑9, 1(3), 4‑15‑86)

Sec. 5‑83. Exemption for new development.

 The provisions of section 5‑82 of this division shall not apply to any structure for which a building permit has been issued by the Indialantic Building Official prior to the effective date of this division. (Ord. No. 86‑9, 1(4), 4‑15‑86)

Sec. 5‑84. Existing development.

 It is the policy of the Indialantic Town Council that no artifi­cial light illuminate any area of the beaches of Indialantic, Florida. To meet this intent, lighting of existing structures which can be seen from the beach shall be in compliance with the following within two (2) years of the effective date of this division.

(1)     Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they are not visible from the beach, or turned off after 9:00 p.m. during the period of May 1 to October 31 of each year.

(2)     Lights illuminating dune crosswalks of any areas oceanward of the dune line shall be turned off after 9:00 p.m. during the period of May 1 to October 31 of each year.

(3)     Security lighting shall be permitted throughout the night so long as low profile luminaires are used and screened in such a way that those lights do not illuminate the beach.

(4)     Window treatments in windows facing the ocean above the first floor of multistory structures are required so that interior lights do not illuminate the beach. The use of black‑out draperies or shade screens are preferred. The addition of tint or film to windows or awnings is also encouraged, as is turning off unnecessary lights if the light illuminates the beach. (Ord. No. 86‑9,  1(5), 4‑15‑86; Ord. No. 07-08, 2, 5-15-07)

Sec. 5‑85. Publicly owned lighting.

 Street lights and lighting at parks and other publicly owned beach access areas shall be subject to the following:

(1) Whenever possible, street lights shall be located so that the bulk of their illumination will travel away from the beach. These lights shall be equipped with shades or shields that will prevent backlighting and render them not visible from the beach.

(2) Lights at parks or other public beach access points shall be shielded or shaded or shall not be utilized during the pe­riod of March 1 to October 31 of each year. (Ord. No. 86‑9, 1(6), 4‑15‑86; Ord. No. 16-09, 1, 5-16-16)

Sec. 5‑86. Enforcement and penalty.

 This division shall be enforced in accordance with the provi­sions of Florida Statute 162.06 by the code enforcement board with the penalties set forth in Florida Statute 162.09. (Ord. No.

86‑9, 1(7), 4‑15‑86)