(A) All acts prohibited by § 98.02 shall also be prohibited on the municipal fishing pier. In addition to those acts, the following provisions shall also govern the conduct of persons on the pier.
(1) Loitering. Any person or persons not patronizing the pier or any of the businesses thereon are prohibited from loitering on the pier, patio area, or adjacent parking area.
(2) Prohibited areas. It shall be prohibited to fish in any areas so designated by appropriate signage.
(3) Disposal of refuse and fish. All refuse, waste, or unusable matter shall be placed in receptacles provided, except fish, which shall be cut or rendered into small pieces deposited in the ocean. Any disposal of refuse, waste or unusable matter off the pier into the ocean is prohibited.
(4) Flame-type lanterns. There shall be no open flame-type lights or lanterns of any nature whatsoever in or about the pier.
(5) Diving, swimming, netting. There shall be no diving or jumping from the pier into the waters surrounding it nor within 100 feet therefrom, unless such activity is sponsored, endorsed or approved by the city. There shall be no spear fishing, underwater fishing, or swimming of any nature whatsoever in, under, or about the pier or within 100 feet therefrom. There shall be no netting of any nature of fish or other sea life in, on, under, or about the pier or within 1,000 feet therefrom.
(6) Boating. There shall be no boating, fishing boats, or any floating surface within 1,000 feet of the pier.
(7) Children prohibited. No children under ten years of age, unless accompanied by a parent, legal guardian or other person fifteen years of age or older responsible for the care and custody of the child, shall be allowed on the pier.
(8) Dogs and pets. No dogs or any other pets shall be allowed on the pier unless a Service Animal as defined under Titles II and III of the Americans With Disability Act and F.S. § 413.08.
(9) Fishing gear. All fishing gear and equipment must be kept at least 3½ feet from the railing of the pier, except fishing poles and gear in use. The use of hand lines and fly rods are prohibited.
(10) Bait cutting. All bait and fish shall be cut only on tables provided for that purpose and there shall be no cutting of bait or fish on rails, seats, or flooring of the pier.
(11) Running or climbing, or sitting on pier railings. Running or climbing on any part of the pier or rails or sitting on pier railings is prohibited.
(12) Bait sale. The sale of bait or fish by any person or persons except the lessee or the owner of the pier is strictly prohibited.
(13) Disturbances. Any person or persons creating a disturbance on the pier or acting in violation of any rule, regulation, or ordinance governing or pertaining to the use of the pier shall leave the pier when ordered to do so by the city or its duly-authorized employees or agents, including the pier lessee. Failure to leave when so ordered shall constitute a Trespass. In addition, the Recreation Programs Administrator or authorized designee may evict and suspend any person from the Pier pursuant to the provisions of § 98.22 of this Code.
(14) Shark fishing. Shark fishing from the pier is prohibited.
(15) Parking of motorcycles, and similar vehicles. Motorcycles, motorbikes, mopeds, motorized scooters, and bicycles shall be parked only in those areas specifically designated for motorcycle, motorbike, moped, motorized scooters, and bicycle parking, and no such vehicle or device shall be operated on or otherwise brought onto the pier. The use of bicycles, skateboards, roller blades, scooters and surfboards are prohibited on the pier.
(16) Coin-operated games. It shall be unlawful for any person, firm, or corporation to install or operate any mechanical amusement device or machine which, upon the insertion of a coin, slug, token, plate, or disc, is operated generally for use as a game, entertainment, or amusement, whether or not registering a score, and which includes such devices as marble machines, pinball machines, skill ball, mechanical grab machines, and all games, operations, or transactions similar thereto under whatever name they may be indicated, without the prior written consent of the pier lessee and the City Commission.
(B) The municipal fishing pier shall be open daily to the public from 6:00 a.m. until 11:00 p.m. There will be no holiday closures. The city shall reserve the right to close the municipal fishing pier or adjust the pier operating hours due to inclement weather, emergencies, special events or incidents determined in the city's best interest.
(C) Any person violating any provision of this section shall, upon conviction thereof, be punished as provided in § 10.99.
(‘58 Code, § 33.042.1) (Ord. 64-46, passed 2-25-64; Am. Ord. 70-13, passed 1-6-70; Am. Ord. 79-24, passed 12-19-78; Am. Ord. 79-40, passed 3-27-79; Am. Ord. 2012-12, passed 11-22-11; Am. Ord. 2020-32, passed 1-28-20; Am. Ord. 2022-33, passed 3-8-22) Penalty, see § 10.99