Information is still being developed, however solely thanks to Joe's efforts and to Marc for letting us know about this in the first place, some insights into complaints and proposed restrictions contemplated by Sarasota County have been found. Proposed ordinances carry major impacts on not only residents but also visitors in pursuing some beach activities. These changes appear to be motivated over concerns regarding protected birds. Some excerpts appear below. There are extensive documents that warrant careful review and comment. The following has been posted after only rapid cursory scanning of part of the documents.
"The definition of “Beach” should not be changed to distinguish “private” versus “public”
beaches. To do so would create significant enforcement problems and may tend to
undercut whatever rights have accrued under Florida law (e.g., prescriptive and customary rights). Mean high water lines are only officially established via a survey. A true mean high water line survey involves data collected over an 18.6 year metonic cycle. It would be impractical to have SSO enforcement staff use a surveyed line in order to enforce provisions of the Code."
"It is staff’s recommendation that the “Beach” areas be treated comprehensively as a shared and migrating public and private resource without separate rules for the protection of safety and resources."
COMMENT: The apparent intent of this language is to REMOVE privileges customarily and historically afforded to residents and to visitors in "customary" private beach areas to increase ease of enforcement for the entirely of the coastline of Sarasota County.
"In addition, staff’s observations of kiteboarding on beaches where people recreate has noted some concerns, including collisions between the fast moving boards and beachgoers, entanglement in the lines, and destruction of dune vegetation. Further, the sails and associated shadows from the kiteboard kites, parachutes and parasails will often flush protected shorebirds form their well camouflaged ground nests and nesting habitat, leaving their eggs and chicks unprotected and easily depredated by natural and introduced avian and land predators (e.g., crows, crabs, raccoons). For this reason, staff is
proposing a new prohibition be added to the Sec 90-33(a) of the draft Code as follows:
90-33 (a)(18) Towing or manipulating any person attached to any flying device or
parachute below an altitude of five hundred (500) above the land and/or within 500
feet off a Beach waterline where one exists. Further, it shall be unlawful for any
person to operate, engage in, be a passenger in or control any flying device carrying
a person or persons below an altitude of five hundred (500) above the land and/or
within 500 feet of a Beach waterline where one exists. Exceptions will be made to
this prohibition for handheld kites not attached to a person and by County
authorized permit.
It should be noted that handheld kites have been documented to flush nesting shorebirds. For this reason, the Board may wish to consider setback limitations for handheld kites from posted shorebird nests during the nesting season (February 1st through August 31st). Staff if consulting with FloridaFish and Wildlife Conservation Commission (FWC) staff to determine what setback recommendation, if any, they may have."
COMMENT: The apparent intent of this language is to ban kiteboarding, parasailing, paragliding within 500 ft. of shore and of the surface for the entire length of the Sarasota County shoreline. That looks close to be 40 miles of coastline.
This information and the other documents are located at:
http://edmsweb01w.scgov.net/sirepub/...doctype=AGENDA
Under item #34, in the pdf files that appear on the right side of the page. (THANKS again Joe for the document links/contact and to Marc for giving us an heads up on this situation in the first place!)
This is appears to be an extensively researched and orchestrated attempt to curtail beach privileges. Obviously, considerable legal and public resources have been employed in the drafting of these documents over time. As lay people we can do our best to read and comprehend these documents but there comes a point when legal input would be advantageous. I think we may be at that point even though this just came to light.
If anyone knows a kiteboarding attorney or attorney who would be inclined to assist us in this matter, please pass their information along. I not familiar with another instance in which customary beaches were in effect declared in effect "public" for an ENTIRE county for something like this. In several other cases that come to mind, I believe it was concluded it couldn't be done. In this case, who knows?
I understand local kiting interests are getting organized at this time, more to come on this soon. We may well need a show of numbers, through a letter campaign, petition, appearance at the public hearing on June 26, 2010 or through other means. In the meantime, intelligent, ideally legal input on what is being proposed and viable counter positions for the public including kiteboarders would be most welcome.
That is a lot of coastline to be subject to such restrictions. Surely, something more even handed can be worked out to both protect threatened birds and maintain privileges of residents and visitors at large. The restrictions, what appears to be a kiteboarding ban may extend to 40 miles of coastline?