§ 20-173. Vehicles authorized on beach; traffic-free zones.

(a)

Subject to the provisions of this chapter, vehicular traffic shall be authorized on the beach; provided that, motor vehicular traffic shall be authorized only between 8:00 a.m. and 7:00 p.m. or sundown whichever is earlier from May 1 through October 31, and between sunrise to sunset from November 1 to April 30, tides permitting. Notwithstanding any provision of this section, governmental and emergency transport vehicles of all types necessary for public safety, when in the course of official duty, shall be authorized at all times and at all places on the beach.

(b)

Commercial fishermen shall, upon the issuance of a permit issued under the provisions of article V of this chapter, be authorized vehicular access to the beach between 8:00 a.m. and 7:00 p.m. from May 1 through October 31, and between 6:00 a.m. and 10:00 p.m from November 1 through April 30 upon the conditions imposed in such permit. In addition, commercial fishermen shall be required to obtain endangered species and vehicle operational instructions prior to issuance of a permit.

(c)

The county council will consider implementing traffic-free zones between the University Boulevard and Seabreeze Boulevard beach approaches and between the International Speedway Boulevard and Silver Beach Avenue beach approaches to encourage economic development. The implementation of these traffic-free zones will be considered only upon compliance with the following conditions:

(1)

The beachfront property owner redevelops or constructs an internationally recognized luxury brand resort franchise with an international centralized booking system, including a multi-lingual customer contact center, and global and divisional brand support designed to proactively fill hotel space.

(2)

Prior to opening the luxury resort and full-service hotel, the beachfront property owner shall, at its sole expense, provide replacement off-beach motor vehicle parking, including, but not limited to, the cost of paving, landscaping and stormwater. The number of replacement parking spaces will be calculated at:

a.

One new parking space for every 15 linear feet of beach if the replacement parking is adjacent to the beach; or

b.

One new parking space for every ten linear feet of beach if the replacement parking is not adjacent to the beach but is immediately adjacent to the west boundary of A1A.

(3)

Replacement parking adjacent to the beach shall include a dune walkover or other direct means of access to the beach.

(4)

Replacement parking on the west boundary of A1A shall include a safe and convenient pedestrian access to the beach as determined solely by the county council.

(5)

Any proposed traffic-free zone shall not obstruct motor vehicle movement to an area of the beach that has authorized vehicle access, unless the beachfront property owner agrees to provide replacement parking for the proposed traffic-free zone and the entire impacted area of the beach.

(6)

The replacement off-beach parking will be granted to the county by fee simple or an exclusive perpetual non-revocable easement shall be under the sole control of the county, and shall not be used as overflow parking for any resort development described in this section.

(7)

The property owner shall grant a perpetual and non-revocable dedication to the public of the beach for the traffic-free zone described in this section.

(d)

Motor vehicular access shall not be authorized to the following areas of the beach, which are established as traffic-free zones:

(1)

All the beach north of the northernmost boundary of the extension of Granada Avenue in Ormond Beach.

(2)

From the southernmost boundary of the extension of Emelia Avenue in Daytona Beach Shores to the northernmost boundary of the extension of Beach Street in the Town of Ponce Inlet.

(3)

From 100 feet north of the north jetty of the Ponce deLeon jetty southward to the southernmost limits of the Town of Ponce Inlet.

(4)

North of the rock jetty along that portion of the beach bordering the south side of the Ponce deLeon Inlet channel.

(5)

From the southernmost boundary of the extension of 27th Street in New Smyrna Beach south to Canaveral National Seashore Park.

(6)

From the southern boundary of the extension of Seabreeze Boulevard to the northern boundary of the extension of International Speedway Boulevard.

(7)

From a point 300 feet south of the southerly extension of University Boulevard extending southward 410 feet.

(Ord. No. 87-36, § 6.01, 11-16-87; Ord. No. 88-19, § I, 7-7-88; Ord. No. 94-1, § I, 1-20-94; Ord. No. 95-47, § I, 12-7-95; Ord. No. 96-37, § I, 12-19-96; Ord. No. 97-2, § I, 2-6-97; Ord. No. 2004-08, § I, 7-22-04; Ord. No. 2015-06 , § I, 5-7-15; Ord. No. 2015-07, § 1, 5-7-15)

State law reference

Vehicular traffic on coastal beaches, F.S. § 161.58.