By Robert C. Solera, Community Development Director

The land use on the East Side of Collins Avenue is governed by the Land Development Regulations section 265 (Zoning) which defines zoning districts and boundaries for the City. All areas East of Collins Avenue are considered ROS (Recreational and Open Space Areas). As such these areas are public property areas and are subject to the jurisdiction of the City of Sunny Isles Beach. The property line determines where the property ends and where the public beach begins. As a rule of thumb the property line is located at the erosion control line on the East side of the property.

City of Sunny Isles Beach continues to enforce this ordinance to ensure beach goers are able to use the public beach. The following is an insert of Section 108 which was passed and adopted by the City Commission on February 22, 2001. Specifically Section 108-10(B) indicates: “No obstruction to general public. Beach chairs and/or equipment shall be deployed in a manner that will assure public access and will encourage public use of the beach.” As such the placement of the beach chairs through the permit process shall not prevent the public use of the beach. Any resident of visitor that wishes to install a beach chair in the area allocated to the property owner/managers and corporations for presetting by the City of Sunny Isles Beach is allowed to do so at any time. The property owner/corporation/operator shall allow the resident/visitor to access to this area at all times if requested.

This ordinance was drafted with public input which included a number of meetings and workshops held with representatives from the East side and West side of Collins Avenue. It incorporates elements 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.

The Ordinance also outlines the following requirements for owners of properties along the East side of Collins Avenue that provide beach chairs and equipment services.

• 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 3rd 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 outsideof 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.

The Department will strongly enforce these requirements at all times.

All residents are encouraged to notify the City if a violation or an issue related to this subject is encountered on a visit to our beach area. A letter was sent to each of the property owners in the East side of Collins Avenue as well as to all the companies that have employees providing these services to the various locations to re-enforce the fact that the beach is public and at no time has the City created a private beach.

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