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SARASOTA COUNTY GOVERNMENT
Community Services
INTEROFFICE MEMORANDUM
To: Sarasota County Commission
Through: James L. Ley, County Administrator
From: Larry Arnold, Executive Director, Community Services
Subject: BCC Assignment No. 10033: Public Hearing to Consider Proposed Revisions to Article II, Chapter 90, Sarasota County Code of Ordinances
Date: June 23, 2010
Recommended Motion(s) or Action(s):
To consider the proposed revisions to Article II, Chapter 90, Sarasota County Code of Ordinances.
Background:
On March 23, 2010, the Sarasota Board of County Commissioners (BCC) requested that staff conduct a discussion to consider proposed revisions to Article II, Chapter 90 (Use of Parks, Beaches, and Public Lands). In particular, the BCC had received a letter (attached) from the presidents of the Casey Key, Manasota Key, and North Manasota Key Associations (Associations) requesting:
1. Section 90-32 (Definitions) of the Code be altered to differentiate “public” from “private” beaches utilizing the “mean high tide line to establish a division line between each;
2. Section 90-33 (Prohibited Activities and Uses) of the Code be altered to apply only to the “public” sections of the beaches;
3. That a new section be added to the Code to provide for prohibited activities and uses for “private” beaches.
On May 11, 2010, the Board of County Commissioners discussed the proposed revisions to Chapter 90 and authorized staff to advertise a public hearing to consider said revisions.
Report:
At the discussion held on May 11, 2010, the Board requested some revisions to the draft Ordinance amending Chapter 90, including:
 The addition of language to 90-33(a) that would insure that the existing prohibitions continued to apply to the Beaches of Siesta Key until a subsequent new public hearing could consider possible changes;
 Modifications proposed by the Office of the County Attorney to Section 90-33(b).
Both of these changes have been incorporated.
Air Sport Prohibitions/Restrictions
At the discussion held on May 11, 2010, the Board indicated that the language concerning air sport prohibitions/restrictions should be clarified. In particular there was confusion about hand held kites
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and whether they were prohibited. Staff met with a primary representative of this sport and jointly crafted the following revisions:
 A new definition of Air Sports is proposed [Section 90-32(1)]. This includes kiteboarding, kitesurfing, landboarding, parachuting, parasailing, and paragliding. It does not include hand held kites;
 Parachuting, paragliding, and landboarding Air Sports are prohibited for the dangers that they pose to public safety, risk to County liability, and adverse impacts that often occur to nesting shorebirds [Section 90-33(a)(18)];
 Persons engaging in kiteboarding shall launch the associated kites no closer than 200 feet from a swim area designated by buoys and shall stay out of said swim areas. Pedestrians and swimmers shall have the right-of-way when kiteboarding [Section 90-33(a)(18)(i)];
 Persons engaging in parasailing shall be no closer than 500 feet from the water’s edge of a Beach located waterward of a Public Beach Park [Section 90-33(a)(18)(ii)].
Protected Wildlife Considerations
Uses and activities prohibited by Section 90-33(a) and (b) have an ancillary benefit of protecting federally and state listed wildlife species, specifically marine turtles and beach nesting birds. If the proposed ordinance is approved and certain activities are now allowable on private beach areas, all activities are still required to be consistent with federal and state wildlife standards, and any County standards such as the Sarasota County Marine Turtle Protection Ordinance. In order to help clarify this, the Commission may consider adding language to the Ordinance that acknowledges the existing federal, state, and local wildlife protection standards and their continued applicability.”
Attachments
Exhibit 1: Draft Amendments to Ch 90, SCCO