§ 20-172. Objective; policy; authority of enforcement officials.

(a)

The objective of this article is to provide motor vehicular access to the beach during daylight hours subject to conditions that will promote separation of motor vehicles and people on the beach, conserve as much as possible of the beach for use by pedestrians, promote an even, uncongested flow of traffic along the beach and onto and off approaches, discourage unnecessary beach traffic, and give notice of hazards that remain. No provision of this division shall be deemed to create a duty of care not otherwise existing as a matter of law.

(b)

The beach director and all law enforcement officers with authority for traffic enforcement on the beach shall provide by the placement of signage and by traffic direction and enforcement that traffic is restricted to a single lane of northbound traffic and a single lane of southbound traffic. A single driving lane will be approximately ten feet wide. The western edge of the southbound lane will be set at the mean daily high tide line and extend eastward ten feet. The northbound lane will extend an additional ten feet east. The parking area will begin at the mean daily high tide line and continue 30 feet west. At no time will the parking area encroach into the conservation zone, except in those areas specifically delineated in subsection 20-272(a). The beach director may authorize one driving lane in those areas deemed appropriate by the director. The beach director and all law enforcement officers shall direct that drivers park their motor vehicles in an orderly fashion to conserve parking spaces. In the discretion of the beach director or his designee, if there is not at least 15 feet of hard packed sand not under high tide inundation, the driving lanes may be temporarily shut down until the high tide recedes. The beach may be closed to driving during this time period; parked vehicles may remain. The beach director and all law enforcement officers shall have the discretion to move these designated areas according to circumstances on the beach.

(c)

When the westerly row of parking has been filled, and provided that tidal conditions permit, the beach director and law enforcement personnel may allow parking on the east side of the traffic lanes. If there is to be a high tide during peak hours of beach use, tidal conditions ordinarily would not be deemed to permit a second row of parking until after the tide has turned and receded far enough to allow beach users a pedestrian area east of the easterly row of parked motor vehicles. The need for a second row of parking is to be determined by looking at the beaches north and south of the inlet, respectively, as a whole, and not the smaller segment of the beach.

(d)

The beach director and law enforcement officials shall have the authority:

(1)

To implement traffic measures necessary to regulate traffic in a manner consistent with the provisions of this chapter.

(2)

When necessary to deal with congestion, to close vehicular ramps or to direct motor vehicles entering such ramps to proceed in one direction along the beach.

(3)

When tide, sand or weather conditions make driving conditions unsafe on the beach or on any area of the beach, to close the beach or the affected area.

(4)

To alter traffic conditions and parking regulations as necessary to conform to conditions of a duly permitted special event.

(5)

To take any action necessary to alter the traffic patterns established by this article to clear the beach when storm or other emergency conditions arise on the beach.

(6)

To cause any motor vehicle to be removed from the beach by wrecker when the vehicle is illegally parked or is in danger because of changing tides or weather and no person can be found in the immediate vicinity to move such vehicle, provided that all towing and storage costs incurred in the enforcement of this power shall be borne by the owner of such vehicle.

(Ord. No. 87-36, § 6.00, 11-16-87; Ord. No. 92-17, § II, 6-18-92; Ord. No. 95-15, § III, 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)