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The LBTS town commission meeting is coming up next week. Michael, a kiting LBTS resident has been working hard to craft a document to serve as a guide to the Town in regulating kiting. The text follows:

"Lauderdale by the Sea, Florida Kitesurfing Proposal

July 28, 2009

Overview

The purpose of this proposal is to provide a recommendation to the Lauderdale by the Sea, Florida, Town Commission to set appropriate rules, regulations and procedures to help ensure safe and responsible guidelines for kitesurfing (also known as kiteboarding) in the township of Lauderdale by the Sea (LBtS), Florida.


Summary

Anyone wanting to kitesurf in LBtS will have to complete a registration form applying for a permit with the city of LBtS (administered by BSO), pay an annual fee (estimated at $100), fly a streamer and comply with kitesurfing guidelines.

The registration form, besides indemnifying the city of claims, will set forth basic rules, regulations, standards and penalties. In summary the rules will be:

• No flying a traction kite (larger than 1 square meter) on the beach, other than to enter and exit the water.
• No teaching/instruction of kitesurfing, to include use of “trainer kites” (whether in the water or on the beach).
• Kitesurfing will not be allowed within 100 feet of any person on the beach or in the ocean.
• Kitesurfing will not be allowed within the swim buoy area (i.e. within 100 yds from shore) from Pine Street to the Southernmost town city limits.
• Permit holders are expected to abide by the aforementioned guidelines as well as to assist the city in the enforcement thereof.

All permit holders will have to show proof of current registration at all times while on the beach when requested by any city official (to include, but not limited to: BSO, VFD, parking or Code/Zoning enforcement, etc). Any violation of the foregoing rules will subject the permit holder to surrender of their permit, as well as will be in violation of a LBtS Code of Ordinance. All minors will have to have consent from a parent/guardian, who will execute the registration application and assume responsibilities therein.

Proposal's Details

Registration Application – Attached as exhibit 1 is a registration application for the City of St. Petersburg, Florida, city owned skate park. Although obviously St. Petersburg's registration is for minors and it is for skateboarding (and not kitesurfing), the fundamentals remain the same. It is recommended LBtS adopt a similar form which in summary requires the applicant to:

1 . Comply with all rules and regulations.
2 . Carry self funded insurance for injury or liability claims.
3 . Release, waiver of claims, hold harmless, and indemnify the city from all liability.
4 . Will not sue the city.
5 . If a minor is the applicant, parent will assume full responsibility of minor.
6 . Accept realization of risks.
7 . Notice to seek legal counsel before signing agreement, as one will be releasing and/or waiving valuable legal rights.
8 . The registration will be valid for one year (as will the $100 fee), beginning October 1, 2009, and will have to be renewable yearly every first day of October.

Fee – The most important aspect of determining a fee is to realistically estimate the cost associated with implementing this proposal, and setting a fee structure that will cover all associated costs – i.e. no taxpayer funds to be used. To do this, costs of signs, attorney's fees, and administration costs for the registration/forms will need to be estimated. Following which a realistic estimate of how many permits will be sold needs to be established.

As a very rough estimate, costs could be around $2,000, and permits sold could be estimated at around 20, for an estimated fee of $100. There will be no difference made between a resident and a non-resident permit holder, other than residents may:

• Be accompanied by one kitesurfing guest or family member(s) (all will be subject to the kitesurfing rules)
• If it is determined that a limitation is required on number of permits issued (see next section), resident/property owners of LBtS will be exempt.

Limitation of Number of Permits – At the onset, there should be no limitation on the number of Permits issued. However, there could come a time in which the number of issued permits may need to be suspended due to overcrowding (which would in turn affect public health, safety or welfare). This overcrowding, could be determined by the Town Manager with input from BSO and/or VFD and/or current permit holders. This would be based on and similar to LBtS's existing Code of Ordinance for Parks:

Sec. 14.3-3. Regulation of public use.
(a) Park hours
(2) The Town Manager, his/her designee or an on-duty law enforcement supervisor is authorized to close any park or portion thereof at any time for the protection of park property or the public health, safety or welfare.

Rules – As stated above, the rules are basic and simple. No flying a kite on the beach, no teaching, stay away from beach-goers (100 ft) and no kiting 100 yds from shore from Pine Street southward to the city limit.

An argument could be made about testing the competency of a kiter. However, the rule in which prohibits a kiter from flying a kite on the beach, other than entering and exiting the water, should eliminate any non-competent kiters. As non-competent kiters will need to fly their kites for extend periods on the beach (typically know as “walking it up the beach”).

Furthermore, these rules, along with the requirement of having a fee-based permit could be amended to the existing LBtS Code of Ordinance of:

Sec. 5-6. Surfboards, boats or watercraft prohibited in proximity of bathers.
It shall be unlawful for any person or persons to use or operate surfboards, boats, or watercraft or to surf or boat within the Town in the proximity of bathers so as to cause a hazard to bathers' safety, or to other persons using the beaches.
(Code 1962, 5-8)

Jurisdiction of the Beach – Notwithstanding there are a number of LBtS ordinances which regulate activities on the beach (ie Sec. 5-6 referenced above), I reference an opinion by Florida State Robert A. Butterworth dated 5/24/2002, subject-Regulation of Dry Sand Portion of Beach, in summary states:

“The City of Destin may regulate in a reasonable manner the beach within its corporate limits to protect the public health, safety, and welfare. This regulation must have a rational relation to and be reasonably designed to accomplish a purpose necessary for the protection of the public.”

Streamers – It is recommended that permit holders be issued a small (say 2”x 16”) bright colored streamer to be attached to the trailing edge of their kites. It is believed that some sort of visible identification is needed to readily identify properly registered kiters.

Given it will be cumbersome for the local authorities to do an ID check on everyone, a kite without a streamer will be easy to spot and enforce by both the authorities and registered kiters.

Although an argument could be made that it would be easy for someone to obtain a fake or counterfeit streamer, once a “community” of registered kiters is established, those using such “fake” streamers will be identified and cited.

Launch Area Lane/”Pathways” - It is not recommended that a launch area with a pathway through the surf be a favorable approach at this time. This is because of the cost involved and determination of location. First, to align, anchor, and maintain approximately 6 – 8 swim buoys through the surf-line would be very expensive. Second, given the general area in which a pathway would be located (ie in the “backyard” of a condominium) numerous LBtS residents are likely to object to this solution.

Without a “pathway”, and the rule which maintains kiters are to stay 100 ft away from beach-goers, kiters will be encouraged to “spread out” to less populated areas of the beach – thereby maintaining a safer environment.

Conclusion

Since roughly 2000 local kitesurfers have been enjoying the beaches of LBtS. During this time there have been no reports of serious injury or sustained complaints by beach-goers. However, approximately 18 months ago, due primarily to the growth of the sport and certain individuals who decided to establish an unauthorized kitesurfing school(s) in LBtS, various concerns have arisen by city officials, residents and responsible resident/non-resident kitesurfers.

As a result of this growth and these certain irresponsible individuals, it is prudent at this time to put forth a formal “structure” to ensure safe and responsible kitesurfing guidelines in LBtS. In doing so, representatives made up of LBtS resident kitesurfers, local non-resident kitesurfers, and a representative of the kitesurfing community, came together and collaborated on the details contained herein. Albeit, the details may be lengthy, the basis of the proposal are based solely on what we believe is “common sense”.

We ask that you please accept this proposal for consideration. Thank you for your time and service."