§ 5-34. Use of municipal beaches and facilities.

(a)

Beach rangers. The duly appointed and identified beach rangers, under the purview of the Cocoa Beach Police Department, shall be responsible for identifying violations and pursuing compliance from persons violating the City Code provisions and/or ordinances. The chief of police or designee, may assign to a beach ranger, code enforcement officer responsibilities, as defined in Chapter 30 of the City of Cocoa Beach Code.

(b)

Reasonable command. It shall be unlawful for any person to deliberately disobey any reasonable command of a duly appointed and identified city beach ranger while in the legitimate performance of his duties, such commands being intended to ensure the safety of persons using the beach or structures erected thereon.

(1)

A reasonable command shall be preceded by a verbal warning to such person to cease the activity or behavior, which is jeopardizing the safety of those using the beach or the structures thereon; such person shall be given a reasonable opportunity to comply with the warning. Said reasonable command shall be made in the presence of or by a certified law enforcement officer or other code enforcement officer acting on behalf of the City of Cocoa Beach.

(2)

A reasonable command shall include, but not be limited to adherence to those rules and regulations found in subsection 5-34(c).

(c)

Rules and regulations. Absent a permit issued by the city, all persons entering or on the beach, or structures erected thereon, when directed by a beach ranger, police officer or other enforcement official of the city, shall comply with the following rules and regulations, and failure to follow the reasonable command of said official shall constitute a violation of this section. A reasonable command shall include, but not be limited to, the following commands:

(1)

To refrain from engaging in any activity or to act in any way which is likely to cause endangerment to himself or others.

(2)

To cease doing any act or creating any condition which does or is calculated to encourage, aid, abet, or start a riot, public disorder or disturbance of the peace; and it shall not be necessary to prove that that person was solely responsible for that riot, public disorder or disturbance of the peace.

(3)

To refrain from loitering so as not to obstruct the free flow of pedestrian travel in the marked beach safety access lanes.

(4)

To cease digging a hole, trench or depression in the sand deeper than eighteen (18) inches, or no deeper than the knees of the shortest person in the group, or dig into any vertical sand embankment deeper than eighteen (18) inches. It shall be unlawful to then depart from the area of digging without having first completely filled such hole, trench or depression.

(5)

To refrain from entering the Atlantic Ocean when, in the opinion of a beach ranger, police officer or other enforcement official of the city, a person is impaired by alcohol or any other substance to the extent that entering the Atlantic Ocean endangers that person or other persons.

(6)

To refrain from placing tents or canopies, individually or combined, to be larger than ten (10) feet by ten (10) feet; each tent or canopy, individually or combined, shall be separated from such adjacent tents and canopies by a minimum of ten (10) feet. This restriction shall be effective from First Street North to First Street South east of the seawall.

(7)

To refrain from placing objects or structures such as tents, umbrellas or canopies such that it would impair a lifeguard's ability to monitor the safety of bathers or to perform the duties of a lifeguard.

(8)

To cease producing and/or using an amplified sound device such as a mobile DJ (disc jockey) set-up producing sound of type and loudness to cause a crowd to gather or either annoys, disturbs or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensibilities.

(9)

To cease climbing, sitting on, or moving lifeguard stands or towers.

(10)

To refrain from swimming in the Atlantic Ocean during unsafe conditions.

(11)

To refrain from swimming under or around the pier, or jumping or diving off the Pier or any other public structure.

(12)

To cease intentionally feeding wild birds on the beach.

(13)

To refrain from building or maintaining any type of open fire on the beach, including any type of charcoal fire.

(14)

To refrain from using grills that are larger than two (2) feet by two (2) feet, this does not include gas grills using one-pound throw-away propane cylinders, which grills are used solely for cooking. Said grills must be located at least ten (10) feet or more from other nearby beachgoers. No flammable or combustible liquids shall be utilized to ignite grills.

(15)

To cease use of volume drinking devices. For purposes of this section a volume drinking device means an object used, intended for use or designed for use in artificially increasing the speed from which, and/or amount of, alcohol is ingested into the human body by carrying the liquid from a higher location into the mouth by force of gravity or mechanical means, including but not limited to funnels, tubes and hoses.

(16)

The reasonable command protocol defined in subsection 5-34(b)(1), may also be used, when directed by a beach ranger, police officer or other enforcement official of the city with regard to the following violations already found in city code as follows;

a.

Sec. 5-33 of Chapter 5 - City Code of Ordinances - Ocean—Extreme conditions.

b.

Sec. 5-33.1 of Chapter 5 - City Code of Ordinances - Same—Parking, fueling and towing.

c.

Sec. 5-33.2 of Chapter 5 - City Code of Ordinances - Vessels in ocean.

d.

Sec. 5-33.3 of Chapter 5 - City Code of Ordinances - Ocean surf fishing.

e.

Sec. 5-33.4 of Chapter 5 - City Code of Ordinances - Ocean surfboarding.

f.

Sec. 5-33.5 of Chapter 5 - City Code of Ordinances - Beach areas for boat launching.

g.

Sec. 5-57 of Chapter 5 - City Code of Ordinances - Glass containers prohibited on beach.

h.

Sec. 5-51 of Chapter 5 - City Code of Ordinances - Operation of motor vehicles prohibited in certain beach areas.

i.

Sec. 5-54 of Chapter 5 - City Code of Ordinances - Removal of sand and gravel.

j.

Sec. 5-58 of Chapter 5 - City Code of Ordinances - Obstruction of public dune crossovers prohibited.

k.

Sec. 5-60 of Chapter 5 - City Code of Ordinances - Sea dune protection.

l.

Sec. 15-1 of Chapter 15 - City Code of Ordinances - Inappropriate beach furniture prohibited.

m.

Sec. 15-17 of Chapter 15 - City Code of Ordinances - Restrictions on camping.

n.

Sec. 15-20 of Chapter 15 - City Code of Ordinances - Alcoholic beverages in public places.

o.

Sec. 15-21 of Chapter 15 - City Code of Ordinances - Alcoholic beverages on the ocean beach.

p.

Sec. 15-24 of Chapter 15 - City Code of Ordinances - Public urination/defecation prohibited; exceptions.

q.

Sec. 15-27 of Chapter 15 - City Code of Ordinances - Same (Noises) Prohibited; enumeration and definitions.

r.

Sec. 15-34 of Chapter 15 - City Code of Ordinances - Littering.

s.

Sec. 15-37 of Chapter 15 - City Code of Ordinances - Fireworks.

t.

Sec. 15-39 of Chapter 15 - City Code of Ordinances - Certain sales and leases along Atlantic Ocean beach area prohibited; punishment for violations.

(d)

Trespass warnings; authorization to issue trespass warning for public property.

(1)

Police officers of the city , having control over a facility, building, or outdoor area, including municipal parks and beaches, are authorized to issue a trespass warning to any individual who violates any city ordinance, rule or regulation, or state law or reasonable command of a city employee, beach ranger, police officer or other enforcement official of the city, which violation was committed while on or within a city-owned facility, building, or outdoor area, including municipal parks and beaches, for the specific property where the violation occurred.

(2)

Beach rangers, code enforcement officers and city employees having control over a facility; building, or outdoor area, including municipal parks and beaches, may verbally communicate an order to leave said property to any individual who violates any city ordinance, rule or regulation, or state law. A reasonable command of a city employee, beach ranger, police officer, or code enforcement officer of the city to leave the property must directly relate to a violation, which was committed while on or within a City-owned facility, building or outdoor area, including municipal parks and beaches. Orders to leave are for the specific property where the violation occurred.

(3)

Trespass warnings may be issued for a period not to exceed two (2) years.

(4)

Any person found on or within any city-owned facility, building, or outdoor area, including municipal parks and beaches, in violation of a trespass warning may be arrested for trespassing.

(5)

The city official having control over a facility, building, or outdoor area, including municipal parks and beaches, may authorize an individual who has received a trespass warning to enter property or premises to exercise his or her First Amendment rights or to conduct necessary municipal business. Such authorization must be in writing, shall specify the duration of the authorization and any conditions thereof, and shall not be unreasonable denied.

(e)

Exceptions to rules. Exceptions to any of the above rules and regulations may be allowed by way of a special permit grant by the city commission.

(f)

Enforcement and penalty.

(1)

The Cocoa Beach Police Department, a beach ranger who has been designated as a code enforcement officer, or code enforcement officer as designated by the city manager and or designee, shall enforce violations of this section.

(2)

Depending on the severity of the violation, violations of this section may be prosecuted in the same manner as second-degree misdemeanors. Anyone convicted of violating this section shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or both such fine and imprisonment,

(3)

In lieu of making an arrest or issuing a notice to appear, a police officer, a beach ranger who has been designated as a code enforcement officer, or a code enforcement officer of the city, as designated by the city manager and or designee, may issue a citation pursuant to Chapter 30 of this Code. Each violation of any provision of this section shall constitute a separate offense.

(4)

Any person who willfully refuses to sign and accept a citation issued by a police officer, a beach ranger who has been designated as a code enforcement officer or a code enforcement officer of the city, shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. 775.082 or 775.083. A written warning to this effect shall be provided at the time any citation is issued hereunder.

(5)

Any person responsible for a violation under this section upon receiving a citation as provided by City Code, Chapter 30, may be ordered to leave the beach by the Cocoa Beach Police Department or code enforcement officer of the city, as designated by the city manager and or designee.

(6)

Fines for citations, failure to obey a reasonable command by a beach ranger, police officer or a code enforcement officer of the city shall be set by city code and or by city resolution.

(Ord. No. 1545, § 2, 3-15-2012; Ord. No. 1562, § 2, 5-2-2013; Ord. No. 1605, § 2, 5-4-2017)