§ 6-11. Customary use of the dry sand beach.

(a)

For purposes of this section, the term, "dry sand beach," shall mean the entirety of the dry sandy areas of the Atlantic Ocean beaches located within the jurisdictional boundaries of the city extending landward of the mean high water line to the easternmost seaward side of any sea wall, dune bluff, dune toe, rock revetment toe or any permanent dune vegetation.

(b)

Public access and use.

(1)

The public's longstanding customary use of the dry sand areas of all of the dry sand beach for recreational purposes is hereby recognized and protected. The public, individually and collectively, subject to the provisions herein, shall have the right of personal ingress and egress to and from the dry sand beach and the right to make recreational and other customary uses of the dry sand beach.

(2)

It is prohibited for any person to obstruct or hinder the right of the public, individually and collectively, to enter or leave the dry sand beach by way of any public approach or public dune crossover or to use lawfully any part of the dry sand beach for recreation and other customary purposes. It is further prohibited for any person to display any warning, in whatever form, in an attempt to prohibit or hinder public access to, or use of, the dry sand beach.

(c)

Limitations.

(1)

This section does not authorize the access and use of privately owned areas of the dry sand beach after 10:00 p.m. and before sunrise, nor any commercial use at any time.

(2)

It shall be unlawful for any person to walk upon or otherwise traverse the dune areas of the dry sand beach except when utilizing designated crossovers, provided however, that this provision does not apply to those engaged in government permitted activity or activities otherwise authorized by law.

(3)

This section authorizes only the following activities by the public on privately owned beachfronts: swimming, fishing, hiking, jogging, bicycling, picnicking, shelling, surfing, sunbathing, kiting and building sand castles.

(c)

Exceptions.

(1)

This section shall not apply to individuals authorized by federal, state, or local law to engage in activities otherwise prohibited herein, including, but not limited to, Sea Turtle Patrol, emergency responders, and those engaged in permitted dune restoration and flood control.

(2)

Notwithstanding anything in this section to the contrary, the city, through its appropriate officers shall have the authority to temporarily close the dry sand beach or any portion thereof for use by the public during storms or other emergency situations.

(Ord. No. 2018-08, § 3, 5-24-18)