§ 20-121. Surfing, boating and swimming.
(a)
Objectives and policies. The recreational use of the Atlantic Ocean is a treasured asset of this county which is afforded to the public at large. By its provision of lifeguards, the county intends to make that recreational use as safe as possible for all. Nevertheless, the natural state of those waters is of an ever-changing and potentially turbulent nature and renders it impossible for the county to ensure that the ocean is safe at all times for all users, and nothing in this section shall be construed as the creation or assumption of such a duty. The county further is without power to ban uses which are not in themselves inherently dangerous, and confining certain of those uses to too small an area can create an even more dangerous situation. Certain conditions necessary for the public safety have been found to be necessary at all times and are incorporated in this section. However, since circumstances on the beach do continually vary, certain authority of necessity has been delegated by the county council to administrative officials to be exercised in accordance with the provisions of this section.
(b)
Authority to close or restrict use of beach and ocean. The county manager, the director of public safety or the beach director shall have the authority in case of storm or other like conditions to declare that an emergency exists and temporarily close the entire beach and, except as may be preempted to the federal or state government, the waters of the Atlantic Ocean for use by the public. The county manager, the sheriff/director of public safety, the beach director or any lifeguard or law enforcement officer shall have the authority, because of crowd conditions, the presence of sharks, electrical storms, tidal, current or wind conditions, or some other like condition endangering the safety of the public, to temporarily close or restrict the use of the beach or use of the ocean for any purpose not preempted for regulation by the federal or state government. It shall be a violation of this chapter for any person, having been given actual or constructive notice such as by the posting of signs or the making of public announcements, to violate any restriction or order given under the terms of this section.
(c)
Swimming. No person except a lifeguard or other person actually engaged in a rescue attempt shall:
(1)
Swim or bathe more than 300 feet perpendicular from the water's edge except as a necessary incident to other activities permitted beyond such distance.
(2)
Swim or bathe within 300 feet measured in any direction from a pier or jetty.
(3)
Swim or bathe in an area designated exclusively for personal watercraft use by subsection (i) of this section when personal watercraft are present.
(4)
Swim or bathe in violation of an order given pursuant to subsection (b) of this section.
(d)
Use of rafts, floats and other flotation devices. No person shall:
(1)
Use any raft, float, boogie board, belly board or other flotation device of any description, except for a boat, surfboard, windsurfboard or sailboard, more than 300 feet from the water's edge, or in violation of an order given pursuant to subsection (b) of this section.
(2)
Rent or use any raft, float or other flotation device of any description which fails to meet the safety requirements established by subsection (j) of this section.
(e)
Sailboats. No person shall operate a sailboard closer than 600 feet perpendicular 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, or in violation of an order given pursuant to subsection (b) of this section. Sailboats must be pulled west of the lifeguard towers while parked on the beach during daylight hours.
(f)
Surfing regulations. No person shall surf:
(1)
In an area of the beach not permitted for surfing, or in violation of an order given pursuant to subsection (b) of this section.
(2)
Without the safety device required under subsection (j) of this section.
(g)
Permitted surfing areas. Surfing shall be permitted from the Saturday preceding Memorial Day through Labor Day during the hours of 9:30 a.m. through 5:30 p.m., in that portion of the ocean adjacent to the following locations:
(1)
All the unincorporated area north of the City of Ormond Beach.
(2)
In the City of Ormond Beach;
a.
From a point at the extension of the centerline of the Granada approach to the north city limits of Ormond Beach.
b.
From a point south of the extension of Seminole Avenue to a point at the centerline of Cardinal approach.
c.
From the centerline of the extension of Harvard Drive south to the city limits.
(3)
In the City of Daytona Beach:
a.
From the centerline of the Plaza Drive approach to the north city limit of the City of Daytona Beach.
b.
From the centerline of the Hartford Avenue approach to the centerline of the Seaview Avenue approach.
c.
From a point 600 feet north of the centerline of the Main Street approach to a point 150 feet north of the Main Street Pier.
d.
From a point 150 feet south of the Main Street Pier to a point 700 feet south from the centerline of the Main Street approach.
(4)
In the City of Daytona Beach Shores:
a.
From 1601 South Atlantic Avenue south to the centerline extension of the Botefuhr approach.
b.
From 2209 South Atlantic Avenue south to the centerline extension of the Minerva approach.
c.
From the south edge of Frank Rendon Park to the centerline extension of the Van Avenue approach, excluding the designated personal watercraft area.
d.
From a point 150 feet south of the Sunglow Pier to the extension of the centerline of Emilia Avenue.
(5)
All of the unincorporated area between the City of Daytona Beach Shores and the Town of Ponce Inlet, commonly known as Wilbur-by-the-Sea, excluding the designated personal watercraft area.
(6)
All of the Town of Ponce Inlet, excluding the designated personal watercraft area.
(7)
In the City of New Smyrna Beach, excluding the designated personal watercraft area:
a.
From the Ponce de Leon Inlet to the point at the extension of Esther Street.
b.
From the centerline of the extension of 6th Street south to the centerline extension of 24th Avenue.
c.
From the south edge of 27th Avenue Park to the Volusia County line.
(8)
Surfing shall be permitted on all other portions of the beach at all times of the day between the day following Labor Day and the Friday preceding Memorial Day of the following year, and before 9:30 a.m. and after 5:30 p.m. at all times of the year. Surfing may also be permitted between the hours of 9:30 a.m. and 5:30 p.m. in all areas of the ocean, other than the designated surfing areas, when it is determined by the lifeguard in charge of that zone that surfing may occur without hazards to the bathers in that vicinity. Surfing shall not be permitted within 150 feet measured in any direction from a pier extending into the Atlantic Ocean or in an area designated for personal watercraft use under the provisions of subsection (i) of this section.
(h)
Personal watercraft regulations. No person except a lifeguard, a law enforcement officer and authorized emergency personnel, when necessary to the performance of their official duties, or any other person actually engaged in a rescue attempt, shall operate in the ocean or launch from the ocean beach a personal watercraft:
(1)
Except in a designated personal watercraft area, and except in that portion of the ocean no closer than 1,500 feet from the existing shoreline.
(2)
In an unsafe or careless manner endangering the life, limb or property of any person (provided that the exceptions set forth above shall not in any event authorize unnecessary or unreasonable conduct).
(3)
In violation of an order given pursuant to subsection (b) of this section.
(4)
In violation of the provisions of Laws of Fla. ch. 89-136, §§ 3 and 4, amending F.S. ch. 327, which, except where in conflict with other provisions of this article, are adopted as part of this article and incorporated in this section by reference.
(5)
In violation of the provisions of F.S. § 327.65(2)(a)1 and 2, which are adopted as part of this article and incorporated in this section by reference, prohibiting operation of a vessel in such a manner as to exceed a maximum sound level of 90 dBA at a distance of 50 feet from the vessel, and providing for a penalty for refusal to submit to a sound level test when requested to do so by a law enforcement officer.
(6)
Unless the personal watercraft is registered with the beach department and the annual registration fee has been paid. Such fee shall be set by resolution of the county council. The registration permit shall be affixed to the personal watercraft and displayed in a manner which can be readily viewed by the lifeguard on duty. The language of F.S. § 327.29, is adopted and incorporated herein by reference as being applicable to personal watercraft inspection decals.
(7)
Unless the personal watercraft meets the safety regulations and safety equipment requirements mandated by F.S. § 327.50, which is adopted and incorporated herein by reference.
(8)
Unless the person operating a personal watercraft equipped by the manufacturer with a lanyard type engine cutoff switch attaches such lanyard to his or her person, clothing, or personal flotation device, as is appropriate for the specific craft and is required by F.S. § 327.39, which is adopted and incorporated herein by reference.
(9)
Unless the personal watercraft is equipped with a standard manufacturer's muffler, commonly referred to as a water box. Modified or nonstandard muffler systems are not permitted.
(10)
Except as provided in section 20-121 (k)(3), (4).
The following violations committed by a personal watercraft operator are punishable by suspension of the inspection permit decal on the personal watercraft being used in commission of the violation; leaving the personal watercraft zone; operating outside the established hours of operation; refusing to leave the water upon being ordered to do so by a lifeguard; operating without proper registration; failing to maintain an operating standard manufacturer's muffler; fueling a personal watercraft within 25 feet of the water's edge; failing to maintain or use requisite safety equipment; and starting a personal watercraft out of the water. The first commission of any of the above offenses by an operator of personal watercraft shall result in suspension of the inspection decal for the personal watercraft for ten days. The second commission of an offense within one year of the first violation by an operator of the personal watercraft shall result in a suspension of the inspection decal for the first violation by an operator of the personal watercraft shall result in a suspension of the inspection decal for the personal watercraft for 30 days. The third commission of an offense within one year of the first violation by any operator of the personal watercraft shall result in a suspension of the inspection decal for the personal watercraft for one year. A lifeguard on duty shall have the authority to remove a decal from a personal watercraft upon observing any offense and shall file a sworn report supporting the suspension. All violations, including but not limited to operating a personal watercraft without an inspection decal and operating a personal watercraft in a reckless manner, are punishable as provided in section 1-7 and as permitted by state law.
(i)
Personal watercraft areas. Personal watercraft areas will be open no more than ten hours a day from February 1 through Labor Day and eight hours a day from the Tuesday after Labor Day to January 31. The precise hours of operation will be set by the beach department. In no event may a person operate a personal watercraft at any time between the hours from one-half hour after sunset to one-half hour before sunrise. Personal watercraft must be fueled on land and not within 25 feet of the water's edge. Personal watercraft may not be started unless the personal watercraft is in the water or at the water's edge. The following areas of the ocean adjacent to the beach are designated as being exclusively for personal watercraft use during the daily hours established by the beach department. The lifeguard on duty may temporarily expand the area to 1,000 feet and designate such expansion by buoys when the number of users and surf conditions warrant the need for additional space for safe operation of the personal watercraft. The decision to expand an area must take into consideration any concessions located with 200 feet.
Personal Watercraft Zones
(1)
North beach. This zone shall be open seven days a week and may be manned by a lifeguard as determined by the beach director.
a.
During the off-season months, the zone shall be easterly of the Beach Patrol Stations extending 400 feet north and south of the station on the following schedule:
October—Ormond Beach
November—Daytona Beach Shores
December—Dunlawton
January—Ormond Beach
February—Daytona Beach Shores
March—Dunlawton
b.
During the peak months, the zone shall be easterly of the following shoreline distances according to the following schedule:
1.
During even numbered years:
April—A point 500 feet south of Seminole and extending 800 feet south
May—A point 2,200 feet north of the Vann Avenue approach and extending 800 feet north
June—Centerline of Plaza Blvd. approach and extending 800 feet north
July—Starting at a point 800 feet south of Frank Rendon Park walkover and extending 800 feet south
August—Centerline of the Beach Street approach extending 800 feet south
September—Centerline of Hartford extending 800 feet south
2.
During odd numbered years:
April—Starting at a point 1600 feet south of the Frank Rendon Park walkover and extending 800 feet south
May—Centerline of Rockefeller to a point 800 feet north
June—Starting 200 feet south of centerline of Seaview approach and extending 800 feet north
July—A point 800 feet north of the Vann Avenue approach and extending 800 feet north
August—Starting at the centerline of Williams Avenue and extending 800 feet north
September—Starting at the Frank Rendon Park walkover and extending 800 feet south
(2)
South beach. This zone shall be open weekends and holidays only. This zone shall rotate sequentially between the fourteen designated sites. The rotation shall occur in the following order:
a.
Starting at the centerline of the Due East Street walkover and extending 600 feet north.
b.
Extending 400 feet north and 200 feet south of the centerline of the extension of Beachway Avenue.
c.
Extending 600 feet south of the centerline of the 8th Street walkover.
d.
Starting at a point 500 feet north of the centerline of the Ocean Drive walkover and extending 600 feet north.
e.
Starting at point 600 feet south of the centerline of the extension of Beachway Avenue and extending 600 feet south.
f.
Extending 250 feet south and 350 feet north of the centerline of the 20th Street walkover.
g.
Starting at the centerline of the Cortez Street walkover and extending 600 feet north.
h.
Starting at the centerline of the 15th Avenue walkover and extending 600 feet north.
i.
Starting at a point 100 feet north of the centerline of the extension of Crawford Avenue and extending 600 feet north.
j.
Extending 100 feet south and 500 feet north of the centerline of the 12th Avenue walkover.
k.
Extending 100 feet north and 500 feet south of the centerline of the Ocean Drive walkover.
l.
Starting at a point 100 feet north of the centerline of the extension of Crawford Road and extending 600 feet north.
m.
Starting at the center of the 18th Avenue walkover and extending 600 feet north.
n.
Starting at a point 800 feet north of the centerline of the extension of Beachway Avenue and extending 600 feet north.
From September 15 through May 15, the location will rotate to the next zone after four complete weekends in the current location. From May 16 through September 14, the location will rotate to the next zone after two complete weekends in the current location. For the purposes of determining rotation, weekends shall include any holiday preceding or following a weekend. In the event September 14 or 15 or May 15 or 16 fall on a Saturday or Sunday, the zone will rotate on the following Monday.
(j)
Safety devices. Surfboards and boogie boards shall at all times while in the ocean be attached to the user by a surf leash. This requirement does not pertain to windsurfboards or sailboards. Boats shall be equipped as provided by applicable law and regulation. Effective January 1, 1998, all personal watercraft operators shall wear a helmet of hard polyethylene plastic or fiberglass shell with shock absorbing foam contained therein, such as, but not limited to, a kayak, bicycle, motor cross or personal watercraft helmet.
(k)
Motorized boats; water skiing. No person except a lifeguard, law enforcement officer, authorized emergency personnel or other person actually engaged in a rescue attempt shall:
(1)
Launch a motorized boat from the Atlantic Ocean Beach or operate such a boat closer than 1,500 feet perpendicular from the water's edge, or in violation of an order given pursuant to subsection (b) of this section; except in designated areas and pursuant to the requirements set forth in numerals (3) and (4) below or pursuant to a permit for a special event issued under section 20-145.
(2)
Water ski closer than 1,500 feet perpendicular from the water's edge, or in violation of an order given pursuant to subsection (b) of this section.
(3)
Personal watercraft and boats less than or equal to 18 feet in length that are registered may be launched from the beach in the designated areas described in numeral (4) below provided:
a.
The boat and personal watercrafts are privately owned by an oceanfront property owner of a single family residential home.
b.
The boat and personal watercrafts are registered with the beach department and the annual registration fee has been paid. Such fee shall be set by resolution of the county council. The registration permit shall be affixed to the boat or personal watercraft and displayed in a manner which can be readily viewed.
c.
One privately owned boat and two privately owned personal watercraft may be registered per owner occupied single family residential oceanfront property.
d.
Boats may be no greater than 18 feet in length and motors may be no greater than 40 horsepower and neither boats nor personal watercraft may contain any modified or nonstandard motor or motor pieces or motor parts or muffler systems.
e.
No person may use a motorized vehicle to launch a boat or personal watercraft from the beach.
f.
The boat and personal watercrafts launched from the beach shall proceed at idle, no wake to and from shore directly in front of the property to which it is registered by the most direct means possible and shall operate no closer than 1,500 feet perpendicular from the shore.
g.
The boat and personal watercrafts are only permitted to launch, recover, or be grounded on the beach from sunrise to sunset daily directly in front of the owner occupied single family dwelling address for the boat and personal watercrafts listed on its registration with the county. Boat and personal watercraft storage on the beach from sunset to sunrise is prohibited.
h.
Boats and personal watercraft are prohibited from launching, recovering, or grounding on the beach in the designated launch areas from sunrise on the preceding Friday through sunset of the Monday during the following holidays: Mother's Day, Memorial Day, and Labor Day. This same prohibition applies from sunrise on July 2 through sunset on July 5.
(4)
The following areas are designated launch areas where boats and personal watercraft may launch from the beach if the all conditions set forth in numeral (3) above have been met:
a.
From the Flagler County and County of Volusia border south to a point 250 feet north of the extension of the centerline of the Granada Boulevard approach.
b.
From the centerline of the extension of the Emelia Avenue approach to a point 500 feet north of the centerline of the extension of the Toronita Avenue approach.
c.
From a point 500 feet south of the centerline of the extension of the Toronita Avenue approach to a point 500 feet north of the north boundary of Winterhaven Park.
d.
From a point 500 feet south of the south boundary of Winterhaven Park to a point 500 feet north of the centerline of the extension of the Oceanview Avenue approach.
e.
From a point 500 feet south of the extension of the centerline of the Oceanview Avenue approach to a point 500 feet north of the north property boundary of the Inlet Harbor off beach parking lot.
f.
From a point 500 feet south of the south property boundary of the Inlet Harbor off beach parking lot to the centerline of the extension of the Beach Street approach.
g.
From the centerline of the extension of the 27th Avenue approach to a point 500 feet north of the centerline of the extension of the Hiles Boulevard approach.
h.
From 500 feet south of the centerline of the extension of the Hiles Boulevard approach to 500 feet north of the north property boundary of the Mary McLeod Bethune Beach Park.
i.
From 500 feet south of the south boundary of the Mary McLeod Bethune Beach Park to north boundary of Cape Canaveral National Park.
(l)
Swimming or operation of boat or other equipment while intoxicated. No person shall swim, operate a personal watercraft or boat of any description, whether motorized or not, surf or otherwise use any other equipment in the Atlantic Ocean when under the influence of any alcoholic beverage, or any chemical substance set forth in F.S. § 877.111, or any substance controlled under F.S. ch. 893, to the extent that the person's normal faculties are impaired.
(Ord. No. 87-36, § 4.10, 11-16-87; Ord. No. 88-14, § I, 4-7-88; Ord. No. 89-34, § 2, 8-25-89; Ord. No. 89-50, § I, 12-7-89; Ord. No. 90-24, § I, 7-5-90; Ord. No. 90-32, §§ I, II, 9-6-90; Ord. No. 90-40, § I, 12-6-90; Ord. No. 91-23, § I, 7-25-91; Ord. No. 92-8, § II, 5-21-92; Ord. No. 92-74, § I, 7-2-92; Ord. No. 92-85, § I, 10-1-92; Ord. No. 93-1, § I, 1-21-93; Ord. No. 93-29, § I, 12-16-93; Ord. No. 94-16, §§ II, III, 9-22-94; Ord. No. 95-15, § II, 4-20-95; Ord. No. 96-7, § I, 3-28-96; Ord. No. 97-2, § I, 2-6-97; Ord. No. 97-26, § I, 9-18-97; Ord. No. 99-34, § I, 12-17-99; Ord. No. 2004-08, § I, 7-22-04; Ord. No. 2016-22, § I, 12-8-16; Ord. No. 2016-23, § I, 12-8-16)
State law reference
Vessel registration and water safety, F.S. ch. 327.