§ 20-174. Prohibited acts.

It shall be unlawful for any person to:

(1)

Violate any of the provisions of the Florida Uniform Traffic Control Law, F.S. ch. 316, which is incorporated as part of this article by reference.

(2)

Operate a motor vehicle or moped on any portion of the beach other than in the driving area, except roving concession vehicles operating adjacent to the driving area under the guidelines established by the beach department.

(3)

Operate any vehicle or moped on the beach at a speed of more than ten miles per hour.

(4)

Park or operate a motor vehicle on the beach at any time other than the hours established in this article.

(5)

Operate any motor vehicle or moped on the beach so as to pass any other motor vehicle, except under circumstances indicating that such other vehicle is in a temporarily disabled condition.

(6)

Park any motor vehicle on any portion of the beach other than in the parking area.

(7)

Cause any motor vehicle to enter the beach other than through an open vehicular approach.

(8)

Cause any motor vehicle to enter the beach without having paid the required vehicular access fee.

(9)

Fail to obey any directive of a law enforcement officer authorized under the provisions of this chapter or regulations adopted pursuant to this chapter.

(10)

Walk in the driving area other than for entry to or exit from the hard sandy portion of the beach by the most direct means possible.

(11)

Sit or lie on the beach in the driving or parking area except while in a vehicle or place personal property in the driving or parking area.

(12)

Operate any vehicle with a seat height of less than 36 inches, without a brightly colored banner or flag of a type approved by the beach director prominently displayed not less than four and not more than six feet above the vehicle.

(13)

Operate any motor vehicle upon the beach without a valid operator's license or a chauffeur's license if otherwise required to operate a vehicle under the laws of the state, unless exempt from obtaining a license under the provisions of F.S. § 322.04.

(14)

Park in front or behind another vehicle in the designated parking area of the beach, also known as double parking.

(15)

Operate any motor vehicle on the beach while using a mobile electronic device to write, send, or read a text-based communication. However, this provision shall not apply to:

a.

A person reporting a traffic accident, medical emergency, fire, serious road hazard, or a situation in which the person reasonably believes a person's health or safety is in immediate jeopardy;

b.

A person reporting the perpetration or potential perpetration of a crime;

c.

A law enforcement officer, firefighter, emergency medical services personnel, ambulance driver, lifeguard, or other similarly employed public safety first responder during the performance of his or her official duties;

d.

A person entering a telephone number or name in a mobile electronic device for the purpose of making or receiving a telephone call;

e.

A person inputting, selecting, or reading information on a global positioning system or navigation system;

f.

A person using a voice-operated or hands-free device if the driver of the motor vehicle does not use his or her hands to operate the device, except to activate or deactivate a feature or function of the device.

(16)

Operate any motor vehicle on the beach without having the driver-side window, or front passenger window if the driver-side window is not functioning, rolled completely down. However, this provision shall not apply to:

a.

Where inclement weather is present;

b.

Persons operating a vehicle specially equipped to be operated by a physically disabled individual or operating a vehicle specially equipped to transport a physically disabled individual and displaying a valid disabled parking permit or license plate issued under F.S. §§ 320.0843 or 320.0848, as amended, or a similar permit issued by another state or county;

c.

Convertibles with the roof fully retracted; or

d.

Emergency medical services personnel operating an ambulance or other transport vehicle.

(17)

Operate any motor vehicle on the beach without having the headlight or headlights of such motor vehicle turned on.

All operators shall at all times yield the right-of-way to pedestrians and shall take such precautions as may be necessary before parking, or before moving a vehicle previously parked, to avoid accident or collision with or injury to any persons or property.

(Ord. No. 87-36, § 6.02, 11-16-87; Ord. No. 88-19, § I, 7-7-88; Ord. No. 88-32, § II, 10-13-88; Ord. No. 92-8, § IV, 5-21-92; Ord. No. 92-86, § I, 10-1-92; Ord. No. 95-15, § III, 4-20-95; Ord. No. 2004-08, § I, 7-22-04; Ord. No. 2012-04, § II, 4-5-12)