(A)   The following activities are permitted on all sections of Hollywood Beach:
      (1)   Swimming in an area within 150 feet from the shore, except in designated vessel launching areas. Beyond 150 feet swimmers must have a "Diver Down Flag".
      (2)   Non-alcoholic beverages and snacks are allowed on the sandy beach. However, in areas of the sandy beach where the Broadwalk wall is located, the area where non-alcoholic beverages and snacks are permitted shall commence ten feet eastward of the Broadwalk wall. When such beverages are contained in coolers, such coolers shall not to exceed 36 inches in length. No food or drinks may be placed upon or near the Boardwalk wall.
      (3)   The playing of casual beach games, such as catching, throwing balls, Frisbees or similar toys, and kite flying, provided that no object is used which reasonably might endanger persons upon said beach.
      (4)   Snorkeling or scuba diving with the display of a State of Florida approved "diver down" flag.
      (5)   The use of inflatable rafts, inner tubes, or similar floatation devices which are designed to accommodate or hold no more than two people.
      (6)   Open air canopies with no single side greater than ten feet and no sides enclosed, except canopies designed for babies or small children no greater than 36 inches, and lounge chairs with attached cabanas are permitted on the sandy beach westward of a line parallel to the front edge of the Beach Towers/Lifeguard Stands and ten feet eastward of the Broadwalk wall. Canopies will be placed no closer than 20 feet apart from another canopy within ten feet of a dune.
      (7)   Single pole umbrellas are permitted on the sandy beach except in the areas designated by markers and/or cones surrounding the Beach Towers/Lifeguard Stands, including a clear path from the Beach Tower/Lifeguard Stands to the ocean's edge equal in width to the markers and/or cones. Umbrellas will be placed no closer than ten feet apart from another umbrella, tent or canopy.
      (8)   Surf fishing is permitted between the hours of 6:00 p.m. and 9:00 a.m. Beach Safety personnel may open or close areas and extend restricted hours to fishing depending on bather load/capacity, weather or other conditions.
   (B)   The following activities are permitted in the designated areas set forth herein:
      (1)   Surfing and skimboarding are permitted from Dania Beach Boulevard to Douglas Street and Madison Street to Eucalyptus Terrace. Other areas of the beach may be designated for surfing and skimboarding at the discretion of the Fire Chief or his/her designee. Such areas will be designated by the appropriate Black Flag being posted in the area. These additional areas will be opened or closed on a case by case basis depending upon bather load, weather or other appropriate conditions. Board leashes will be worn by surfers at all times.
      (2)   Volleyball may be played at designated locations on courts and nets installed by the City of Hollywood only. Private installation of volleyball nets is not permitted without the prior approval of the Director of Parks, Recreation and Cultural Arts or his/her designee. Appropriate county, state or other environmental permits will be required, if applicable. Hours of use will be designated on permit.
      (3)   (a)   Launching and landing of wind powered watercraft. For purposes of this subsection, wind-powered watercraft shall include: sailboards, catamarans, small sailboats, kite boards, and any other non-motorized vessels which use wind as their primary source of motive power. The launching and landing of wind- powered watercraft, except kite boards, is permitted between Meade Street and Custer Street and between Bougainvillea Terrace and Azalea Terrace. The launching and landing of kite boards is only permitted between Meade Street and Custer Street, Monday through Friday, excluding holidays. Non-motorized vessels, including wind-powered watercraft, launched from the designated area must exit the launch area and proceed on a generally straight line east to a point 300 yards from shore where they may then operate on a north-south course.
         (b)   Launching and landing of paddlecraft. For purposes of this subsection, paddlecraft shall include: kayaks, rowboats, paddleboards, canoes, and any other non-motorized vessels which use human physical effort as their primary source of motive power. The launching and landing of paddlecraft shall be permitted at all times between Dania Beach Boulevard and Liberty Street and between Madison Street and the southern municipal border of the City of Hollywood. In all other areas of the municipal beach, paddlecraft shall be permitted from 5:00 p.m. to 10:00 a.m. During the hours of 10:00 a.m. to 5:00 p.m., paddlecraft must remain a distance of 100 yards from shore when south of Liberty Street and north of Madison Street.
         (c)   The city's Beach Safety personnel may close or restrict the hours of the wind-powered watercraft and paddlecraft launch areas. depending upon bather capacity, weather or other conditions.
         (d)   The City Commission may change the distance requirements of this subsection by resolution.
      (4)   The open consumption of alcoholic beverages will be permitted along the broadwalk and beach only on the occasion of limited duration during special events approved in advance by the City Manager or his designee, the Director of Parks, Recreation and Cultural Arts on a case by case basis pursuant to division (C) below or by patrons at a sidewalk café as permitted under Chapter 124 of the Code of Ordinances and Florida Statutes. The use of glass containers for any beverages is prohibited at all times.
      (5)   Roller skating and rollerblading are permitted at all times on the broadwalk in a safe manner. Roller skating or rollerblading in an unsafe or reckless manner including failure to yield may subject violators to being ejected from the beach and broadwalk by the appropriate city enforcement agencies and officials.
      (6)   Bicycling and the use of any human powered device that operates on wheels and is no greater than 48 inches wide (hereinafter collectively referred to as “device”) on the Broadwalk is permitted at all times, however, only within the designated bicycle path(s). For purposes of this subsection, any person using a device must control and operate their device in a safe manner in order to prevent endangerment to pedestrians as follows:
         (a)   Yield to pedestrians on the Broadwalk; and
         (b)   Remain within the designated bicycle path(s) on the Broadwalk; or
         (c)   Refrain from operating the device in a careless manner.
   (C)   For special events of a temporary nature, the City Manager or his/her designee, the Director of Parks, Recreation and Cultural Arts may grant variances from the provisions of this chapter. Applications for such variances must be received prior to the special event for which the variance is sought and should be received at least 60 days prior to the event. The City Manager or the Director of Parks, Recreation and Cultural Arts shall review the request based upon the following criteria:
      (1)   Whether the applicant requesting the variance is capable of executing the planned special event;
      (2)   Whether the budgetary considerations at the time the request for the variance creates a heavy burden upon the city's financial resources that it would not be practical to hold the proposed special event at the time requested;
      (3)   Whether the holding of the special event as planned would create an undue burden upon the staff resources of the city;
      (4)   Whether the timing of the proposed special event conflicts with other special events;
      (5)   Whether the organization producing the special event is a for profit entity;
      (6)   The historical experience, if any, of the event and its producers;
      (7)   The effect the proposed special event will have upon the city's resources and public health and safety;
      (8)   The frequency with which such special events are held;
      (9)   The special event must be approved by the city's Fire Marshal to ensure that all relevant fire and life safety issues have been adequately addressed;
      (10)   The event is approved by the police department, public works, parking division, neighborhood programs and building division;
   (D)   After reviewing the request based upon the aforementioned criteria, the City Manager shall approve, approve with conditions or deny the variance. The City Manager or his designee, the Director of Parks, Recreation or Cultural Arts shall refrain from approving a variance if he/she in good faith determines that allowing the variance for such temporary special event may endanger the public health, safety or welfare. A violation of any condition, stipulation or safeguard shall be deemed a violation of this code.
(Am. Ord. O-93-27, passed 7-7-93; Am. Ord. O-95-06, passed 2-1-95; Am. Ord. O-96-35, passed 9-18-96; Am. Ord. O-99-06, passed 1-6-99; Am. Ord. O-2003-41, passed 12-3- 03; Am. Ord. O-2008-01, passed 1- 9-08; Am. Ord. O-2013-26, passed 12-18-13; Am. Ord. O-2016-16, passed 7-6-16; Am. Ord. O-2017-10, passed 8-30-17; Am. Ord. 2020-08, passed 7-1-20; Am. Ord. O-2022-05, passed 4-6-22) Penalty, see § 99.99