§ 20-82. General policy.

The intent of section 205.1 of the Charter is to determine as a legislative fact binding on county government that since time immemorial the public has enjoyed access to the beach and has made recreational use of the beach; that such use has been ancient, reasonable, without interruption, and free from dispute; and that, because of this customary access and use, the public has the right of access to the beach and a right to use the beach for recreation and other customary purposes. The intent of section 205.1 of the Charter is to mandate that county government define, protect and enforce the public's customary rights of beach access and use. It is not the intent of the Charter or of this chapter to affect in any way the title of the owner of land adjacent to the Atlantic Ocean, or to impair the right of any such owner to contest the existence of the customary right of the public to access and use any particular area of privately owned beach, or to reduce or limit any rights of public access or use that may exist or arise other than as customary rights.

It is therefore declared and affirmed to be the public policy of this county that the public, individually and collectively, subject to the provisions of this chapter, shall have the right of personal ingress and egress to and from the beach and the right to make recreational and other customary uses of the beach; and that to facilitate this right of access, all county property between the beach and easternmost north-south roadway is an approach.

The county legal department shall be authorized to take all steps legally necessary to protect and defend the public right of access and use declared by the Charter and this chapter.

(Ord. No. 87-36, § 3.01, 11-16-87; Ord. No. 2017-24, § I, 10-5-17)