§ 5-61. Customary use of dry sand areas of beach.

(a)

The City Commission of the City of Cocoa Beach hereby makes a legislative fact determination based on fact finding, that since time immemorial the public has enjoyed access to the beach and has made recreational use of the dry sand beaches of Cocoa Beach; that such use has been ancient, reasonable, without interruption, and free from dispute; and that, because of this customary access and use, the public has the right of access to the dry sand beaches of the City of Cocoa Beach, and a right to use the dry sand beaches for recreational purposes. The dry sand area of the beach is defined as the sandy area of the beach that extends landward from the mean high-water line, or erosion control line, as applicable, up to the sea dune area, as defined in section 5-50, regardless of the ownership.

(b)

It is not the intent of this section to affect in any way the title of the owner of land adjacent to the beaches of Cocoa Beach, or to reduce or limit any rights of public access or use that may exist or arise other than as customary rights.

(c)

It is declared and affirmed to be the public policy of the City of Cocoa Beach that the public, individually and collectively, subject to the provisions of this code of ordinances, shall have the right of personal ingress and egress to and from the beach and the right to make recreational use of the city's dry sand beaches.

(d)

Except as stated in subsection (f) hereof, no individual, group, or entity shall impede or interfere with the right of the public at large, including the residents and visitors of the city, to utilize the dry sand areas of the beach that are owned by private entities for the uses as described in subsection (e) hereof.

(e)

The following are the sole uses permitted for members of the public on the dry sand beaches that are owned by private entities: traversing the beach; sitting on the sand, in a beach chair, or on a beach towel or blanket; using a beach umbrella that is ten (10) feet square or less; sunbathing; picnicking; fishing; swimming or surfing off the beach; placement of surfing or fishing equipment; and building sand creations. The limitations listed in this subsection shall not apply to the owner(s) and guest(s) of any private property that is part of the dry sand beaches of the city.

(f)

The following are specifically prohibited for members of the public on the dry sand beaches that are owned by private entities: erection or use of tents. These restrictions shall not apply to the owner(s) and guest(s) of any private property that is part of the dry sand beaches of the city.

(g)

Activities on the beach, including by the owner(s) and guest(s) of any private property that is part of the dry sand beaches of the city, are also subject to the other provisions of the city's code of ordinances.

(h)

Any person who violates or fails to comply with any provisions of this section, "customary use of dry sand areas of beach" shall be subject to the following. Each day a violation occurs or continues, constitutes a separate offense.

(1)

The issuance of Class V citation in accordance with the provisions of City Code chapter 30; or,

(2)

Enforcement by other means including, but not limited to: a summons; a notice to appear in the county or circuit court; an arrest; an action before the special magistrate/code enforcement board; or a civil action for injunctive relief; or,

(3)

Punished in accordance with general penalty set forth in chapter 1, section 1-8 of this Code.

(Ord. No. 1624, § 2, 6-21-2018)