As used in this article the following terms shall have the meanings ascribed to it in this section:
Nuisance
The term nuisance shall mean any of the following:
1. Any accumulation of rubbish, trash, junk, and other abandoned materials, metals, lumber, piles of dirt, etc.
2. Any excessive accumulation of untended growth of weeds, undergrowth, or other dead or living plant life upon a parcel of land, developed and not in a natural state.
3. Any grass, underbrush, or weeds which exceed twelve (12) inches in height.
4. Any unsafe dwelling, structure, or boat dock/pier which has any of the following conditions, such that life, health, property, or safety of its occupants or the general public are endangered:
a. Any means of egress or portion thereof is not of adequate size or is not arranged to provide a safe path of travel in case of fire or panic.
b. Any means of egress or portion thereof, such as, but not limited to, fire doors, closing devices, and fire resistive ratings, is in disrepair or in a dilapidated or nonworking condition such that the means of ingress could be rendered unsafe in case of fire or panic.
c. The stress in any material, member, or portion thereof, due to all imposed loads, including dead load, exceeds the stresses allowed in the Florida Building code.
d. The building structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the building or structure is less than it was prior to the damage and is less than the minimum requirements established by the Florida Building code.
e. Any exterior appendage or portion of the building or structure is not securely fastened, attached, or anchored such that it is capable of resisting wind, seismic or similar loads as required by the Florida Building code.
f. If for any reason the building, structure, or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is being used.
g. The building, structure, or portion thereof as a result of decay, deterioration, or dilapidation is likely to fully or partially collapse.
h. Any building, structure, or portion thereof that is in such a condition as to constitute a public nuisance.
i. Any building, structure, or portion thereof that is in violation of the housing, building, electrical, plumbing, mechanical, sanitation, and fire codes of the City.
j. Unfit for human habitation, if so intended or used.
k. Any building, structure, or portion thereof that is dangerous to life or property of the occupant thereof or of the surrounding areas.
l. Any building, structure, or portion thereof that is habitually used as a place from which criminal activity is conducted.
5. Unsheltered storage for a period of thirty (30) days or more within the corporate limits of this City of vehicles, boats, machinery, implements, or equipment or personal property of any kind which are no longer safely usable for the purposes for which they were manufactured.
6. For the purposes of this article, the term nuisance shall include, but is not limited to, any of the following: abandoned, discarded, unused objects or equipment such as automobiles, boats, furniture, stoves, refrigerators, freezers, cans, or containers.
7. All disagreeable or obnoxious odors and stenches, as well as the conditions, substances, or other causes which give rise to the emission or generation of such odors and stenches.
8. Except as otherwise authorized in the Stormwater Management Regulations, any wholly or partially manmade pool, pond, other body of water; depression or excavation, or any other condition on the premises wherein water may accumulate and stand in such a manner as to make possible the propagation or production of disease vectors, biting insects, pests, or the like.
9. Any of the conditions that occurs or exists in or upon any structure, lot, tract, or parcel in the City to an extent that may reasonably cause to be infested with or inhabited by rodents, vermin, reptiles, or wild animals, or that may create a breeding place for such in a manner that and/or may threaten or endanger the public health, safety, or welfare.
10. The unsheltered storage of any vehicle, boat, or parts thereof, without a valid license plate shall be prima facie evidence that said property is scrapped, non-operative, unusable, or discarded.
11. Any vehicles undergoing repairs of duration of more than seventy-two (72) hours must be stored and repaired out of sight of the general public and not in the front yard of the residence or property.
12. Any dead or dying trees of any height within the proximity of another’s property which would endanger the safety of other people or the property of another person by falling over or dropping over broken branches and limbs. This includes trees which, being dead or dying have a high potential of falling and damaging public utility wires or poles. This will be considered a public safety hazard.
13. Unlawful accumulations of dirt or similar materials.
a. It shall be unlawful for any person to permit to accumulate on any premises, anywhere within the corporate limits of the City, improved or vacant, any piles of dirt or similar materials that may be permitted to remain thereon unless such materials are to be used immediately thereafter for lawful development purposes.
b. The purpose and intent of the regulation is to prevent any accumulation for any extended time, which creates a public eyesore.
14. Operation of vehicles.
It shall be unlawful for any person to drive or operate a motor vehicle upon the public beach; provided with exception that this provision shall not apply to regular employees of the City working under the direction and supervision of the City or those persons authorized by the City Administrator or his designee for specific purposes such as City contractors, outside maintenance crews, the Turtle Patrol, or special event work crews under the terms and conditions contained in such organizations.
15. Soliciting, Collecting, etc., upon streets.
a. No person shall approach a motor vehicle being operated on a public street open for vehicular traffic for any of the following purposes:
1. Soliciting or attempting to solicit donations of money or of property of any kind of charitable, religious, educational, benevolent, or any other purposes from any occupant of the motor vehicle.
2. Collecting or attempting to collect donations of money or of property of any kind for charitable, religious, educational, benevolent, or any other purposes from any occupant of the motor vehicle.
3. Soliciting or attempting to solicit employment or the purchase of property or of services of any nature whatsoever from any occupant of the motor vehicle. Public Street means those publicly owned streets upon which the public has the right to travel by use of motor vehicle, including the travel lane of City-owned garages and parking lots.
16. Use of skateboards, bikes, roller skates, and in-line skates prohibited on specific public or private property.
a. It is unlawful for any person to operate or ride a skateboard, roller skates, or inline skates in or upon any of the following locations:
1. In any public parking garage, including the access/egress ramp.
2. In any public access ramps or access ramps for handicapped persons providing pedestrian access to any building.
3. On any publicly owned benches, railings, planters, ceramic-tiled walkways, steps, and curbs.
4. On any public or private property where prohibited by conspicuously located signs having lettering at least two (2) inches high and containing a minimum wording which states: "No Skating," "No Skateboarding," or a substantially similar message.
b. It is unlawful for operators or riders of skateboards, roller skates, or in-line skates to fail to yield the right-of-way to any other pedestrians or to otherwise endanger or interfere with pedestrian traffic on any street or sidewalk within the City.
17. Fish cleaning, disposal of fish wastes, swimming, diving restricted.
a. It shall be unlawful for any person to clean any fish upon the piers, seawalls or walks, or upon any other portion of City owned piers or marina property within the City.
b. It shall be unlawful for any person to dispose of fish carcasses, wastes, or other fish byproducts into the canal system of the City.
c. It shall be unlawful for any person to swim or dive from any City owned piers, seawalls, or walkways of the canal property, or from any watercraft docked at the marina. The provisions of this subsection shall not be applicable to any City employee, watercraft owner, or their agent from entering into the waters in or around the marina to inspect or clean the bottom of any watercraft docked in the marina or conduct maintenance to any seawall or dock.
18. False alarm calls.
a. The City will allow three (3) false alarms that result in a call be dispatched to law enforcement within any sixty (60) day period.
b. The City will charge a fee of $100.00 for every call that is dispatched after third false alarm.
19. Fireworks.
Any person who is involved in the use of fireworks which have been determined illegal by the State of Florida, shall be guilty of a violation under this section.
a. Any person who is involved in the use of fireworks which are illegal and results in a response by law enforcement or creates a public nuisance by the use of such.
b. Exception: Any approved public display as approved by the City Administrator.
20. Sleeping on municipal beaches in the nighttime prohibited.
a. Legislative intent. It is the intent of the City Council in the adoption of this section to preserve and protect the beauty of the City’s public beaches since such beaches are invaluable natural assets which are held in trust by the City for recreational use by residents and visitors alike. The City Council has made the following findings in reaching the determination that sleeping on the City’s beaches during nighttime hours must be prohibited.
1. The City’s beaches are its most valuable natural asset.
2. The City’s beaches are intended to be used solely for recreational purposes and are not intended to be used for sleeping during nighttime hours.
3. The City’s economic well being is substantially dependent upon tourism which is, in turn, dependent on maintaining attractive and inviting beaches. Permitting persons to sleep upon the City’s beaches during nighttime hours will negatively affect the appearance of the City’s beaches, will have a deleterious effect upon the City’s tourism industry, and will require an unwarranted expenditure of City funds in order to provide a reasonable safe and healthy sleeping environment for those who may choose to sleep upon the City’s beaches during nighttime hours.
4. Persons asleep on the City’s beaches during nighttime hours are exposed to the risk of harm from others and from the elements.
5. Prohibiting persons from sleeping upon the City’s beaches during nighttime hours will promote the public health, safety and welfare.
b. Prohibition. It shall be unlawful for any person to sleep on any public beach within the corporate limits of the City between the hours of 6:00 p.m. and 6:00 a.m. of the following day.
c. Sleeping on streets, avenues, etc. No person shall sleep on any of the streets, avenues, or other public property of the City.
21. Permit Required.
No person shall stage, promote, conduct, or manage either as owner, principal entertainer, or entrepreneur, within the City of Mexico Beach, a musical or entertainment festival unless he shall first secure from the City Administrator a special entertainment permit for such festival.
22. Right of Entry by the City.
The City Administrator and his or her agents shall have the right to enter upon real property, consistent with State and federal law, and shall be immune from prosecution, civil and criminal, for trespassing upon such real property, in the discharge of his, her, or their duties in the removing, termination, or abating a public nuisance under this article.
23. Such other acts or conditions which are declared by other ordinances to be or constitute nuisances.
(Ord. 711, passed 2-5-2019)