(A) Obstructions on the beach.
(1) It shall be unlawful for any person or business to leave an item of personal property unattended on the beach between 7 p.m. and 7 a.m., except as otherwise permitted by ordinance.
(2) Exceptions. This prohibition does not apply to:
(a) Items placed by the city or another governmental agency in furtherance of health, safety, and welfare purposes;
(b) Trash containers;
(c) Lifeguard stands and lifeguard storage containers and safety devices;
(d) Signs placed by the city or another governmental entity;
(e) Items placed by persons acting under authority of the City Administrator or other governmental agency on behalf of the city or the governmental agency;
(f) Structures, including without limitation boardwalks, decks, and dune walkovers constructed and permitted by the city, Bay County or the State of Florida;
(g) Items placed on the beach by persons who have authorization or a permit to engage in marine turtle nesting research issued by the United States Fish and Wildlife Service of State of Florida; and
(h)
Items expressly exempted by city ordinance from the “Leave No Trace” requirement, either in all cases or pursuant to a specific permit or approval.
(3) State of Emergency. All items, whether permitted or not, shall be removed from the beach within 24 hours following a declaration of a state of emergency for Bay County or the city due to and in advance of a hurricane or other severe weather systems.
(4) Discarded items. Any item of personal property left on the beach unattended in violation of this chapter shall be deemed discarded by its owner and shall become the property of the city if removed by the city pursuant to this chapter, which may dispose of the item in any manner it sees fit. Items meeting the definition of "litter" under any Florida civil or criminal statute will be disposed of immediately. All other items will be placed in a designated outdoor space on city property while they await disposal. Members of the public may contact City Hall or Public works and may retrieve items they left on the beach once they have provided an accurate description of the discarded items, if the items have not been disposed of yet. The city will not be responsible for damage to or loss of items that were collected due to a violation of this chapter.
(5) Glass of any kind is hereby prohibited on the beach within city limits.
(B) Digging holes on beach.
(1) It shall be required that all holes dug on the beach are to be attended at all times and shall be completely filled and restored to their original level condition prior to leaving the beach the same day it is created unless part of a construction project permitted under the Florida Building Code or similar law.
(2) No holes dug on the beach within city limits may exceed a depth of two feet and any hole dug on the beach must be filed in by the person or persons who dug the hole before leaving the hole unattended for any length of time.
(Ord. 664, passed 2-28-2017; Ord. 687, passed 11-14-2017; Ord. 783, passed 5-10-2022) Penalty, see § 97.99