§ 20-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Webster's New Collegiate Dictionary (G & C Merriam Co., eleventh edition, 2016) shall be used for the definition of any words not defined in this chapter.

A-weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated dBA.

Alcoholic beverage means a beverage containing more than one percent of alcohol by weight.

Animal means any animate being other than a human which is endowed with the power of voluntary motion.

Approach means property over which there exists a public right-of-way by title, dedication, prescription, custom or otherwise for beach ingress and egress between the beach and the easternmost north-south roadway.

Beach means lands and waters lying seaward of the seawall or line of permanent vegetation and within three miles seaward of the mean low-water mark.

Beach director means the director of beach management of the county.

Beach patrol means a corps of employees certified as law enforcement officers, emergency medical technicians and ocean rescue lifeguards.

Beach revenues means revenues derived by the county from vehicular access fees after the direct cost of collection thereof has been deducted (i.e., net revenue), fines collected from convictions of violations of this chapter, beach concession fees, and all net revenue derived directly from the operation of the beach.

Beach service includes lifesaving; maintenance of and cleaning of the beach, the public improvements thereon and the approaches thereto; the cost of acquiring and operating off-beach parking; first aid care and law enforcement, which shall be construed to include crowd control, traffic control, enforcement of all county, state and federal laws, regulations and permits, the enforcement of this chapter and the enforcement of observed violations of county, state, or federal law, provided that nothing in this definition shall be construed as a limitation upon the authority of beach patrol to perform any act or exercise any part of the authority available to such beach patrol officer under state law.

Bicycle means every vehicle propelled solely by human power, upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device.

Bloodbaiting means the use of blood or bloody fish parts to attract sharks.

Boat and vessel are synonymous with the term "boat" as referenced in article VII, section 1(b), Florida Constitution (1968), and F.S. § 327.02(27), as includes every description of watercraft, barge and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. The term "boat" or "vessel" shall not include surfboards, windsurfboards, rafts, floats, belly boards and other similar flotation devices.

Boogie board means a device similar to a surfboard constructed of soft rubber or styrofoam which frequently is of shorter length than a surfboard and which may or may not have a fin or skeg attached.

Bus means any motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and any motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

Camping means the erection of shelter or similar structures for the purpose of sleeping; or sleeping or lying upon the beach either under or outside of any shelter, vehicle, bedroll, blanket or other protective garb.

Chumming means the throwing of bait or fish parts into the water to attract fish.

Coastal area. The term "coastal area," defined within section 205.7 of the Charter to include all lands east of Interstate 95 as well as contiguous urbanized areas, shall be construed to mean all those lands within the Ponce DeLeon Inlet and Port District as constituted by chapter 110, article VIII.

Commercial fisherman means a commercial fisherman licensed under the laws of the state engaged on a bona fide basis in fishing as a major portion of his livelihood.

Commercial solicitation means an act, delivery or exchange not initiated by the prospective customer or which directs attention to any business, mercantile or commercial establishment, or any other commercial activity, for the purpose of directly or indirectly promoting commercial interests through sales, rentals or any exchange of value.

Conservation zone means a distance measured from the seaward toe of the most seaward dune, dune scarp or manmade structure, or one-half the distance to mean high-water level, whichever is the lesser.

Core means that area of the Atlantic Ocean beach predominately urban in character, generally abutted by commercial business, with the highest concentration of beach users.

County manager means the manager appointed by the county council to be the head of the administrative branch of county government and responsible to the county council for the proper administration of all affairs of the county.

Decibel (dBA) is a unit for describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micronewtons per square meter.

Driving area means the hard sandy portion of the beach designated by signs or other traffic control devices 20 feet east of the mean daily high tide line wherein driving on the beach shall be permitted in a single lane of northbound traffic and a single lane of southbound traffic, together with that portion of the soft sand in front of open vehicular approaches wherein driving shall be permitted in an east or west direction for the purpose of entry to or exit from the beach. The driving area shall not include traffic-free zones or natural areas established by this chapter or regulations adopted pursuant to this chapter. The beach director shall have the discretion of moving the driving area west of the daily mean high tide land as long as the driving area and the parking area do not encroach into the conservation zone.

Dune means a mound or ridge of loose sediment, usually sand-sized, lying upland of the beach or shore, deposited by any natural or artificial mechanism. The term may also include a beach ridge, dune ridge, chenier or similar topographic feature.

Ice cream products includes milkshakes and flavored ice products which are served in a container by firmly filling with ice to the extent it is either rounded or peaked and stands up a minimum of approximately one inch above the rim of the container, to be measured at the maximum height.

Inclement weather means a temperature below 50 degrees Fahrenheit, the presence of lightning, precipitation, high wind, or other abnormal weather circumstances.

Jet ski. See Personal watercraft .

Line of permanent vegetation means the extreme seaward boundary of natural vegetation which extends continuously inland.

Littoral owner means the owner of land adjacent to the shore, and includes anyone acting under the littoral owner's authority.

Mean daily high tide line means a line set at the intersection of the tidal plane of the expected daily high tide with the beach.

Mobile electronic device means any hand-held or other portable electronic equipment capable of providing data communication between two or more persons, including, without limitation, a mobile telephone, a text messaging device, a paging device, a personal digital assistant, a laptop computer, a tablet computer, electronic equipment that is capable of playing a video game or digital video disk, equipment on which digital photographs are taken or transmitted or any combination thereof, or equipment that is capable of visually receiving a television broadcast; provided, however, that "mobile electronic device" shall not include any audio equipment or any equipment installed, or affixed, either temporarily or permanently, in a motor vehicle for the purpose of providing navigation or emergency assistance to the operator of such motor vehicle or video entertainment to the passengers in the rear seats of such motor vehicle.

Motor vehicle means any vehicle which is self-propelled, including golf carts and any rented concession vehicle, but not including bicycles.

Noncommercial solicitor means any person traveling from place to place on the beach of the county, without stopping at any one location for longer than one hour, collecting funds for or promoting any nonprofit organization.

Non-predominately natural coastline (non-PNC) means areas predominately armored with seawalls, bulkheads or revetments, or which are less than 200 feet from any adjacent existing structurally sound seawall, bulkhead or revetment, existing on the effective date of the ordinance from which this chapter is derived.

Nonprofit organization means any benevolent, charitable, philanthropic, patriotic, political or religious group, association, committee or corporation, or such organization purporting to be such, which uses solicitors to collect funds for the furtherance of its purposes.

Parking area means:

(1)

An area delineated by signs separating it from the driving area, in which vehicles shall be allowed to park in one row perpendicular to the seawall or line of permanent vegetation and the edge of the water; and

(2)

When authorized by this chapter, that area east of the driving area on the hard sand delineated by signs separating it from the driving area in which vehicles shall be allowed to park in one row perpendicular to the seawall or line or permanent vegetation and the edge of the water.

(3)

At no time may a vehicle encroach into the areas designated as the conservation zone except in those areas specifically delineated in subsection 20-272(a).

Person means any natural person, firm, co-partnership, association or corporation.

Personal watercraft means a small class A-1 or A-2 vessel which uses an outboard motor, or an inboard motor powering a water jet pump, as its primary source of active power and which is designed to be operated by a person sitting, standing or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

Predominately natural coastline (PNC) means areas which are predominately natural and contain a stable primary dune network. These areas shall be at least 200 feet from any adjacent existing structurally sound seawall, bulkhead or revetment existing on the effective date of the ordinance from which this chapter is derived.

Primary dune means the first natural or manmade mound or bluff of sand which is located landward of the beach which has substantial vegetation, height, continuity and configuration.

Public right-of-way means any property over which the public has a right of passage to the beach; includes any property owned by the county between the beach and the easternmost north-south roadway; but excludes property owned by a municipality used primarily for the purposes of a park or parking.

Rafts, floats and flotation devices mean any device, whether of canvas, vinyl, rubber, styrofoam or other substance, intended or capable of assisting in the flotation of a person on or in the water of the ocean. The term shall not include boats or surfboards, but shall include boogie boards unless the context shall clearly indicate otherwise.

Seawall means a structure separating land from water areas, primarily designed to prevent upland erosion and other damage as a result of wave action. A seawall is a form of rigid armoring.

Solicit and canvass mean and include any one or more of the following activities:

(1)

Seeking to obtain orders for the purchase of goods, merchandise, foodstuff, services or any other thing of any kind, character or description whatsoever for any kind of consideration whatsoever.

(2)

Selling goods, merchandise, foodstuff, services or other things of any kind, character or description whatsoever, for any kind of consideration whatsoever.

(3)

Selling or seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication for any kind of consideration whatsoever.

(4)

Seeking to obtain gifts or contributions of money, clothing or any other thing for any reason whatsoever.

(5)

Seeking to obtain orders for or selling real estate of any kind, character or description whatsoever, for any kind of consideration whatsoever.

(6)

Renting or seeking to obtain orders for the rental of goods, merchandise, foodstuff, services, real estate or any other thing of any kind, character or description whatsoever, for any kind of consideration whatsoever.

(7)

Promoting sales or rentals of real estate, services or goods by the offering of any free services or goods of any kind, character or description whatsoever as an inducement to examine the desirability of such purchase or rental.

(8)

Placing or carrying, or causing to be placed or carried, any showboard, placard or sign for the purpose of accomplishing any of the activities set forth in subsections (1) through (7) of this definition.

Special events means:

(1)

Any use, activity or event conducted or promoted on the beach that would, if not permitted under this chapter, constitute a violation of any provision of this chapter or any rule or regulation issued under the authority of this chapter;

(2)

Any activity or event that is organized and promoted to attract, and is likely to attract, a crowd of more than 50 persons to a certain place on the beach at a certain time under circumstances that are likely to interfere with the public's right of access and use of the beach or create a need for additional police, lifesaving or other services; or

(3)

Any activity or event on the beach that is promoted or sponsored by commercial interests and will advertise or promote private commercial interests.

Surf leash means a neoprene, rubber or other elastic cord not exceeding 12 feet in length, one end of which shall be securely attached to the surfboard and the other end of which shall be attached to the ankle of the surfboard user. A surf leash is also known as a shock cord, safety cord or tether line.

Surfboard means a fiberglass, epoxy, closed-cell neoprene or styrofoam instrument with one or more fiberglass fins or skegs attached or inserted into the belly or bottom of the surfboard. This definition shall include windsurfboards and sailboards. This definition shall not include rubber rafts, floats, belly boards or boogie boards.

Surfing means the riding or paddling of a surfboard within the waters of the Atlantic Ocean abutting or adjacent to the beach.

Surfing area means those areas on the beach designated and described by this chapter as areas within which surfing shall be permitted.

Tandem trailer truck means any combination of a truck tractor, semitrailer and trailer coupled together so as to operate as a complete unit.

Text-based communication means digital communication that is designed or intended to be transmitted between a mobile electronic device and any other electronic device; provided, however, that "text-based communication" shall include, but not be limited to, a text message, media message, instant message, electronic mail, electronic message, social media status update or message (e.g., facebook/twitter), command or request to access an internet site, or any message that includes a keystroke entry sent from a mobile electronic device.

Toe means the lowest part of an embankment.

Truck tractor means any motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway.

Water's edge means that portion of the shore at any given time of the day where the tide flows and reflows.

Water gun means a toy gun with a reservoir which expels or discharges liquids.

Windsurfboard means a surfboard equipped with a sail and designed to be propelled by the wind. The term "windsurfboard" shall be synonymous with the term "sailboard."

Windsurfing means a form of surfing where the surfboard is propelled by wind.

(Ord. No. 87-36, §§ 1.06, 2, 11-16-87; Ord. No. 89-34, § 1, 8-25-89; Ord. No. 90-37, § I, 9-27-90; Ord. No. 92-8, § I, 5-21-92; Ord. No. 92-17, § I, 6-18-92; Ord. No. 92-73, § I, 7-2-92; Ord. No. 92-76, § I, 7-2-92; Ord. No. 94-11, § I, 6-16-94; Ord. No. 94-16, § I, 9-22-94; Ord. No. 95-15, § I, 4-20-95; Ord. No. 95-32, § I, 8-3-95; Ord. No. 95-47, § I, 12-7-95; Ord. No. 96-7, § I, 3-28-96; Ord. No. 97-2, § I, 2-6-97; Ord. No. 2004-08, § I, 7-22-04; Ord. No. 2012-04, § I, 4-5-12; Ord. No. 2017-24, § I, 10-5-17)

Cross reference

Definitions and rules of construction generally, § 1-2.