IMPT. - LBTS Access

[ricki]

Just a reminder about tonight's meeting to talk about issues in LBTS, Pompano and Ft. Lauderdale. We need to work to secure things better for ourselves, through our actions on the beach. Looking forward to a good turnout and exchange of productive ideas.

There is some information about past issues involving kiting and the township at:

http://www.lauderdalebythesea-fl.gov...13_Minutes.pdf
- just search for "kite"

It looks like BSO and LBTS staff responded to a complaint regarding eight kiteboarders riding too near the shore in January, possibly before the above commission meeting. This may have led directly to our current problems.

[ricki]

IMPORTANT MEETING, KITERS SHOULD ATTEND TOMORROW NIGHT!

We've received some input from a few Commissioners on our proposal to preserve kitesurfing in LBTS. We have a shot at stabilizing things there but need your help. Things are heating up at some Broward and surrounding launches, we could use your support on this one.

One of the Commissioners said it was important that there is a strong turnout of kiters at tomorrow evening's commission meeting. They need to know that their decision is in the best interest of a substantial group of people, US!

So, please make a point of coming to the meeting, resident kiters by all means but KITERS IN GENERAL and in good numbers is what we need to keep things going.

Thank you in advance for showing up to keep us flying in LBTS.


Where:

LBTS Town Commission Meeting Room (north of breeze way)
4501 Ocean Dr.
Lauderdale By-The-Sea, FL

at 7 pm, Tuesday, May 26, 2009

Directions

[ricki]

Huge thanks to the 20 or so that made it to the commission meeting last night and hung in there until about midnight, AGAIN! That sort of commitment is golden and I thank you for it. I was dismayed after we said our piece in a hurry late last night, considering all the careful preparation, discussion, meetings to work up a pack of solutions and advanced discussion with Town staff. You think you cover the bases but in fact ... ?

I understand from Mike O'Keefe, we may not be that far away from a solution. Not too different from the registration concept "B" perhaps without a designated launch with greater emphasis on staying 100 ft. away from bystanders. The focus would shift to designating a "no ride zone" south of Pines Rd. AND INSIDE 100 yards of shore. Beyond 100 yards is fair game as long as you don't land on the beach to the south or come too close to the pier. This was part of last night's proposal of course. It would be nice to remove as much complexity from this as we can. There would be a general prohibition on instruction as well. This will be worked out, put into a real short proposal, discussed among ourselves, presented in private to commissioners and to the open commission in July. More to come but I don't think our time was wasted, when you're right and have a good approach, you're right ... right? Let's hope so.

A parting comment, think of the amount of time we've devoted to just the issue of LBTS. I would guess between a bunch of us sitting through 8 hours of commission meetings, kiter meetings, private discussions and more, we've collectively spent well over 300 man hours trying to fix this situation. I told this to the commission last night to underscore the level of concern and responsibility among most kiters. So, the next time you see someone threatening to toss YOUR access into the pirana tank, grab your kite buds and have an effective, tactful talk with the fellow. You've shown your constitution and commitment, now I would ask that you take it "to the beaches" and make it count. Think of all the commission meetings we might miss if we succeed. Over to you and thanks again!

[ricki]

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."

[John Moriconi]

Rick, I'm Intrested in starting out to Kiteboard in the South Florida area. I have not taked my first class yet. I want to know would it help the cause to show up at the up comming Lauderdale by The Sea meeting. I know numbers of people to show support of a cause are best. What time is the meeting being held? Thank you, john

[ricki]

John,

Thank you for your interest, it is appreciated. We usually go with two or so spokespersons and encourage as much of the kiting community as possible to show up. We've had a strong turnout the last two meetings. We need to be there by 7 pm when the meeting starts. Unfortunately, they have started talking about kiting much later the last two sessions. Still, we don't have a lot of choice of coming in late should they start early.

Rick

[ricki]

Crandon has had in depth rules like these for many years, it was a special case, the ONLY one in North American that comes to mind. The requirements were dictated by the County Park Management unlike any other park area in Miami-Dade County. LBTS may have this in place soon to manage the very few riders that kite there and minimal reported historical problems. I hope this is NOT an exact model to be copied in other areas. Imagine, $100.+ per coastal town or city. That would be around $1000. per year per rider for Broward alone. Lots of us ride all over routinely, in MULTIPLE counties. How many thousands of dollars per year might we have to pay to be able to ride.

Which way do we want to have things? The choice is OURS to make through our actions and the peer pressure we bring to bear. Do not TOLERATE using tact, poor kiting behavior which may TAKE YOUR OPTIONS away from you. Group project, get involved, it was serious before, what do you think it is NOW? It is easy to point fingers, but has the kiting community responded with sufficient effect through self policing to maintain access yet? Look at the recent results, you decide. It sure would be nice to have fewer issues, it is our choice.

[ricki]

We're late on the Commission Meeting agenda for tomorrow night, July 28, 2009. I hope things are on autopilot at this point. I guess we'll know better by tomorrow late. If folks want to come to represent you are more than welcome to do so and thanks!

[conchxpress]

Why don't organizations like PASA and IKO get involved as lobby groups? I know I've paid dues to IKO. I guess the dues were for nothing more than a nice shiny card. Maybe someone should start a national kite lobby, or something more general, like a national water sports association. In California, people are trying to exclude SUP surfing from beaches where lay down surfers ride, saying that SUPs are really water craft since there is a paddle involved. Every other business seems to have one <lobby>. Every politician ever running for office, poo-poos special interest groups but can't seem to live without them. The theme for this administration seems to be legislate, regulate, and eliminate. Sorry for the rant, it's just that I'm getting sick of reading every day on different forums how someone wants to restrict this or restrict that.

[ricki]

Does seem to be a lot of suggested restrictions floating around these days. I am happy just to try to tackle this stuff at a grass roots basis. We lobby on a less formal basis but through local means and contacts. It seems to work, in one way or another, much of the time.

Look at all the cities we've had to tackle in the last ten years. You need people with influence in each jurisdiction, seems unlikely to find an affordable lobbyist that could have that extensive a network. If there was something amiss at the Federal or State level, a lobbyist might be the way to go. We should be able to raise the necessary cash with something of significance at the state or national level. I understand the AWSI is trying to do some lobbying. About what, where and to what effect I am less clear. Usually, you pick a few major issues and hit them hard. We have so many among all the threatened jurisdictions.