Beach Chairs Pre-setting Ordinance
By Robert C. Solera, Community Development Director

An ordinance that regulates the pre-setting of beach chairs in the ROS (Recreational Open Space) zone, more specific the public beach area on the East side of Collins Ave. was adopted on February 15, 2007, and will become effective ten (10) days from the adoption date.

This ordinance was drafted with the help and input of representatives from the East side and West side of Collins Ave., after a number of meetings and workshops were held. It incorporates elements being used by comparable surrounding municipalities. The purpose of the Ordinance is to ensure the placement of private beach chairs and equipment on publicly-owned or controlled beach area, to assure compliance with the aesthetic objectives of the City, preserve the health, safety, welfare of residents and visitors, and mainly to assure public access and encourage the residents/public to use the beach.

In a nutshell the Ordinance outlines various requirements affecting the owners of properties along the East side of Collins Ave.

• Owners are described as “any person, entity, hotel, hotel operator, condominium, condominium association or representative, that owns or controls a beach chair(s) and/equipment and allows another party to use such beach chair and/or equipment for a fee, or as part of a short-term paid lodging or residency arrangement”;
• It requires an application and an application fee (applications can be obtained in the Code Enforcement and Licensing Department, 3 rd floor);
• The Department will provide an aerial plan layout specific to each location for the pre-setting of beach chairs and equipments, any beach chair or equipment outside of the designated area needs to be attended or relocated to the approved pre-setting area;
• Maintenance in good condition of the chairs and equipment, and free from deterioration, weathering and discoloration will be enforced;
• There shall be no obstruction of the emergency response path;
• All beach chairs and equipments are required to be stored and removed from the public beach in the event of a declaration of emergency by the National Weather Service, and all chairs and equipment are required to be stored in the private property overnight and at the end of the day. Violation of any of the section of the Ordinance can be penalized with a $200.00 per day fine and failure to obtain the required license and to provide the required application will result in the issuance of civil violation of $500.00 per day.
• All necessary precautions need to be taken for the preservation of nesting grounds for Sea Turtles, and the owner shall comply with any order issued by the State of Florida and/or cooperate with Miami Dade County Parks Department regulations regarding Sea Turtle nesting.

In an effort to allow the owners/operators to become familiar with this new Ordinance, the Code Enforcement and Licensing Department is preparing a package that will include: a cover letter outlining the requirements, the required application and a copy of the ordinance advising owners/operators of a grace period (which will end on March 8, 2007). Once the grace period expires, the Department will begin issuing warnings to owners/operators who violate this Ordinance. Civil violations will follow for those that do not comply within the time indicated. It is the expectation of the Department that all owners/operators make the most of the grace period to come into compliance with the requirements of the Ordinance. The Department will strongly enforce this issue once the grace period ends.

If you have any questions or concerns in reference to this issue please contact the Code Enforcement and Licensing Department at (305) 792-1705.

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