§ 98.02. Prohibited Acts.

It shall be unlawful for any person to do any acts hereafter set out on the recreational facilities described in § 98.01 or on other properties described subsequently herein.

(A)   Sell, peddle, or carry on any business on or within 50 feet of the municipal public beach and any park.  This provision shall not apply to persons having express permission to do so from the City Commission or its authorized agents or personnel.

(B)   Engage in or play ball or any other games or activities on the municipal beach or at the municipal swimming pools wherein a hard ball or hard object is used which might endanger persons upon the beach or in the swimming pools except in designated activity areas, clearly marked, and under the control of the lifeguard supervisor as to type of activity permitted.

(C)   Fish or surf cast from any part of the municipal beach between the hours of 9:00 a.m. and 6:00 p.m. on any day. Fishing on beach street ends is exempted from this prohibition with the exception of SE 2 Street and SE 4 Street.

(D)   Take, carry, lead, or permit dogs or other pets to come on any recreational facilities, including the east side of Pompano Beach Boulevard, in the right-of-way thereof consisting of the curb, gutter, grass, sidewalks, or other public improvements adjacent thereto but not including the west side of Pompano Beach Boulevard.  However, this restriction shall not apply to any such facility which permits dogs or to any service dog as defined by federal or other applicable law or standards for such dogs.

(E)   (1)   Drive or operate motor vehicles on the municipal recreation facilities or the municipal public beach; however, this provision shall not apply to regular employees of the city working under the direction and supervision of the city, nor to operation by any person of any motor vehicle for which permission to operate on a specific recreation facility has been granted by the City Commission.

(2)   Park in non-designated parking areas including grassy areas and around park pavilions.

(F)   Solicit for commercial photographers or take pictures in connection with commercial photography upon the municipal recreational facilities unless invited to do so by the person desiring that the picture be taken.

(G)   Dress or undress, either by changing from ordinary street clothes into bathing or beach attire, or from beach attire into ordinary street clothes, on the municipal  beach  or  municipal swimming pools or while riding in a motor vehicle on any public street or park in the city.  This provision shall not apply to children under the age of six years, nor to restrooms or locker rooms provided for that purpose by the city.

   (H)   Throw, place, deposit, sweep, or scatter, or cause to be thrown, deposited, swept, or scattered any paper, food, trash, fruit peeling, or other refuse on a municipal beach or any other municipal recreational facility, or on any street, sidewalk, alley, vacant lot, or municipal area near any municipal recreational facilities.

(I)   Picnic or eat or consume food upon a municipal recreational facility except in approved areas.

(J)   Build or maintain a fire on a municipal beach, except in areas designated for that purpose.

(K)   Swim outside of the area extending 50 yards eastward from the high tide watermark of the Atlantic Ocean at the municipal beach beyond control and supervision of the lifeguard, unless express permission has been obtained from the supervising lifeguard to do so.  Any person requested by the lifeguard to come in must do so, and any failure to do so shall constitute an offense.

(L)   Operate, pilot or launch a boat, vessel or watercraft from all beach areas within any restricted areas as designated by signs and/or buoy markers located within 100-yard distance off-shore as measured at low-tide, in all beach areas within city limits. However, wind-driven, paddle-driven or other non-propeller-driven watercraft, sailboard, kiteboard or similar device, but not jet-driven or combustion engine-driven watercraft, may ingress and egress through the designated launch area located at Northeast 16th Street, and Northeast 13th Street.  Operators of all such water recreation equipment must utilize appropriate safety gear and are responsible for the safe operation of their equipment.  All such operators shall also maintain a 100-yard distance off-shore at all times, and shall not interfere with bathers. The above requirements shall not apply:

(1)   In areas where a Special Outdoor Use Permit has been obtained pursuant to § 155.077 of the City Code.

(2)   When a boat, vessel or watercraft is being used for underwater archaeological or other scientific purposes, and first obtains a valid marine research permit from the city and all of the following conditions are met:

(a)   Applicants desiring to conduct the above-listed underwater activities within the restricted area must first obtain a valid permit and any other necessary approvals from the State of Florida for such purposes;

(b)   Application for a marine research permit must be made in writing to the City Manager and shall include:

1.   The purpose and nature of the requested activities.

2.   The dates and times that the activities will take place.

3.   The name, owner and registration information for the boat or vessel from which the activities will take place.

4.   The location of the proposed activities, with reference made to city streets, landmarks and GPS coordinates.

5.   Notice of any proposed activities that will generate noise or sound that is likely to be audible on land west of the high water mark.

6.   Copies of permits and all other required approvals and authorization from the State of Florida.

(c)   The City Manager will respond in writing to the applicant either granting or denying the application. Any such denial shall provide the reasons for same. The applicant may appeal the City Manager’s decision to the City Commission, by filing a written request with the City Manager.

(d)   Any dredging, excavation or other activities conducted from or in connection with the boat, vessel or watercraft shall not be permitted to cause any ecological damage, shall not interfere with the use of any beach area by others, and must be conducted in accordance with the required state permit.

(e)   Failure to comply with any requirement of this subsection or failure to conduct all activities after a city permit is granted in the manner specified by the applicant in its permit application shall constitute a violation, punishable under § 10.99 .

(M)   Have or use surfboats or sailing devices or anything of a hard surface which can injure persons; use underwater spear-fishing guns, gigs, slings, bows or other type guns, excluding firearms which are subject to regulation under Chapter 790 F. S., on the beach or in the waters of the public beach.

(N)   Scuba diving within 50 yards eastward from the high tide line of all Public Beach areas, except when entering or leaving the water. Snorkeling shall be permitted from the Public Beach. Divers must have an approved diver’s down flag displayed in accordance with state requirements.

   (O)   Have or use surfboards or stand up paddle boards by whatever name called, on the public beach or waters adjacent thereto except as follows:

(1)   Surfboards and stand up paddle boards may be used in public beach waters in a designated area, but at no time shall be operated at a distance closer than 100 yards (300 feet) to the municipal pier. All surfing on public beach will be in a designated area clearly marked by checkered flags posted at the top of the berm.  At such times when the boards are being launched or returned to this confined area, they shall not be ridden into shore but instead shall be handled or brought into shore in such a manner as to cause the least possible hazard to other persons in the vicinity of the board.  Styrofoam boogie boards, or similar devices, are not restricted to the confined board area.  Boards shall be used as described in this subsection only from sunup to sundown.

(2)   At no time shall surfboards or stand up paddle boards be launched or returned to the beach at any other point on the public beach except in the designated surfing area.  At no time shall a surfboard, paddle board, or boogie board be used in a careless or wanton fashion.  All surfboards, stand up paddle boards or boogie boards must have a leash cord attaching the board and user.  Surfing shall be permitted on waters adjacent to the public beach.  Those persons using surfboards and stand up paddle boards on the public beach or waters adjacent thereto, shall be subject to all other ordinances of the city.  If the stand-up paddle board operator wishes to paddle outside the vessel exclusion buoys, they must have a life vest.

(P)   Bring onto any recreational facility or the public beach any type of container made of glass for any purpose unless authorized by the City Manager or his designee.

(Q)   Operate a motorized device by which any person may be transported having not more than three wheels. For this paragraph, motorized device shall include, but not limited to, mopeds as defined in F.S. § 316.003(77) as it presently exists or as it may hereafter be defined, go-peds and self-propelled bicycles. However, this provision shall not apply to the operation by any person of any such motorized vehicle for which permission to operate on a specific recreation facility has been granted by the City Commission, nor to city owned vehicles in the course of official business, nor to motorized disability access vehicles as defined in F.S. § 320.01(34) as it presently exists or as it may hereafter be defined or such similar vehicles designed for handicapped persons when used by handicapped individuals.

(R)   While upon any recreational facility or the public beach, possess, display or discharge any BB gun, air gun, paintball gun or gas-powered gun, or any similar device that expels a projectile of any type, excluding firearms which are subject to regulation under F.S. Chapter 790. Emergency or life-saving equipment shall be exempt from the provisions of this subsection when utilized for any such emergency, or when in the possession of authorized personnel.

(S)   Create a disturbance or otherwise engage in conduct while at or on a municipal recreational facility which causes a breach of the peace that interferes with or prevents others from utilizing the facility for its intended recreational purpose, or which interferes with the operation of the facilities by city staff.

(T)   The performance of non-emergency maintenance or repair of any boat, automobile, or other mechanical equipment while on, or attached to, any municipal recreational facility.

(U)   The assembly or unpermitted construction of a structure or equipment on municipal property, that interferes with or prevents others from using all or a portion of the municipal recreational facility for its intended purpose.

(V)   Conduct business or otherwise engage in private commercial activity on any city recreational facility, without the express authorization of the City Commission or its designee.

(W)   In any conflict between this section and the rights of the owner or holder of riparian or littoral property, the rights of the owner or holder of the riparian or littoral property shall prevail.

(X)   Possess or consume alcoholic beverages;

(Y)   Possess, set up, or use bounce houses, pools or other similar inflatable devices for other activities;

(Z)   Set up or operate generators, or play amplified music;

(AA)   Sell food, beverages or any items by vendors, or set up or operate concession stands except if authorized by the city;

(BB)   Bring or provide animals for entertainment purposes, other than at facilities designated for animals in accordance with city regulations for said facilities.

(‘58 Code, § 33.042) (Ord. 713, passed 7-28-59; Am. Ord. 79-40, passed 3-27-79; Am. Ord. 81-78, passed 8-25-81; Am. Ord. 86-21, passed 12-3-85; Am. Ord. 91-42, passed 4-2-91; Am. Ord. 93-80, passed 9-28-93; Am. Ord. 97-12, passed 11-12-96; Am. Ord. 98-4, passed 10-14-97; Am. Ord. 99-13, passed 11-24-98; Am. Ord. 2001-54, passed 5-8-01; Am. Ord. 2001-67, passed 6-26-01; Am. Ord. 2001-74, passed 7-24-01; Am. Ord. 2002-08, passed 11-13-01; Am. Ord. 2003-14, passed 11-12-02; Am. Ord. 2005-49, passed 4-26-05; Am. Ord. 2009-37, passed 5-26-09; Am. Ord. 2012-03, passed 10-11-11; Am. Ord. 2012-12, passed 11-22-11; Am. Ord. 2014-27, passed 2-25-14)  Penalty, see § 10.99

Cross-reference:

   Acts prohibited on city golf course, see § 98.33