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Old 05-18-2010, 09:34 PM
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Wanted to post some of the emails going out with updates here many from Laurel.

"I sincerely hope that the Kiteboading community will prevail in this endeavor. After reading your mention of the other flying sports I am saddened to tell you that they will NOT prevail, in my opinion. The Audubon Society and the Fla. Fish and Wildlife agency, working together have been incredibly successful in trumping citizens rights to the beach with the Endangered Species Act. the Florida Shoreline Alliance, the Migratory Bird Protection Act and the Fla Protected Species Act. The real threat to our ability to kiteboard on the beach is the FACT that when birds see a flying object, kite, parasail, chute, kid's kite, whatever; they "flush" or run for cover. When they do this they leave the nest unguarded and one of two things can and does occur. The crows, which hang out around the nesting areas, immediately go for the chicks. I don't know if they consume the eggs or not, but in the summer months when the parent bird leaves the nest because it is frightened, and the eggs are exposed, the sun cooks them in minutes. This is real, proven, can be demonstrated and was demonstrated by Trent, accidentally a few days ago when we were kiting at South Lido. Trent's reaction when I showed him the Snowy Plover freaking out and circling overhead and the crows moving in on the nest, as his kite sat overhead in the sky, says it all; "this really is a problem".

I have managed to separate us, as kiters from them and the threat that we all have been to the endangered birds, by showing the County staff members that we are able to eliminate flying our kites on the beach during nesting season, by launching and landing away from the nesting areas and keeping our kites low, near ground level, at the edge of the window. The flying out of the sky and landing on the ground or taking off from the ground is a definite, threat to the endangered, nesting and migratory birds that the ordinance changes seek to protect and the other issue of public safety I believe leaves them in an untenable position, just as us landboarding would if we tried to protect the ability to do it at the beach.

The line that we are walking right now is; County Staff has been swayed in their decision to include kiteboading in the list of prohibited activities at the beach because;

1. We have, as a group, a track record that is 12 years old, of safety and responsibility.

2. There has not been any significant public objection to Kiteboarding, there have however, been some instances of landboarders
on Siesta Key, destroying dune areas, entangling beachgoers and otherwise terrorizing beach walkers. These have not been numerous and no injuries have happened but this is the activity that we are not defending, nor promoting. Landboarding on the beach is going to be banned in the new ordinance. Gabor, Trent and Dave; the three muskateers of landboarding could not have been more agreeable in the interest of all of us retaining beach access for Kiteboarding in the water.

3.The staff members who spent a lot of time on the internet and on U tube educating themselves about kiteboarding, came away with some very definite opinions of the sport and agreed among themselves that it was a public safety issue in addition to threatening the endangered nesting and migratory birds and determined that it was not an appropriate activity on a public beach. They were open to being persuaded, with the evidence of the evolution of the sport and the unique situation that we have of having one of the best beaches anywhere for the sport; that relegating the activity to somewhere other than the beach is not realistic for the sport.

4.It has been conceded that landboarding is to be prohibited.

5.They believed me when I said that WE POLICE THE BEACH EFFECTIVELY. This is the biggest doubt that they had that all of the practices and methods that I described actually are used and assure public safety. The real test will be if we really demonstrate, without exception that we really can continue to do this.

6.They understand the mechanics of kiteboard launching and landboarding and the relation between the wind direction, the swim zones, pedestrians along the waters edge etc. at least they have a rudimentary understanding and they can see that by implementing buffer zones around swim areas and having us abide by pedestrian right of way rules, we can, in fact, kiteboard at the beach, as we have done for 12 years, without creating a public safety issue.

7. They are agreeable to the following regulations instead of a ban;

No landboarding on public beaches

A 200' buffer zone at the waters edge to extend from the swim zone, where entering and exiting the water is forbidden

Kiters giving pedestrian traffic right of way

Kites being launched and landed away from nesting areas and pedestrian traffic

This is a preliminary set of rules that we have agreed upon to replace the banning at all beaches language. It must stand the test of being sold to the Audubon and Fish and Wildlife officials on Wednesday as being adequate, workable and enforceable to the extent that it really will protect the nesting and migratory birds. We will see tomorrow if the power of persuasion holds a candle to the power of the passionate wildlife advocates. 'ps. I just got the call from the County Environmental Official regarding tomorrow's meeting with Audubon and demonstration and they have been unable to arrange this.

Pps

I am sending this to everyone on my e-mail list. Hope you don't mind. Laurel"

"Hey Joe, no go for tomorrow, they were unable to get Audubon representatives to get here. I think that County staff is convinced and well able to present our platform of cooperation and commitment to forwarding their cause. By the way, I personally became a member of the Audubon Society today. I also joined the Sarasota Kiteboarder's Coalition as a member group and made the following statement in my application;

As the founder and spokesperson for the Sarasota Kiteboarders Coalition, I am joining us, as a group, to engage us with the Audubon Society in instituting, facilitating and advancing methods in our sport and in our enjoyment of the beaches, that protect the nesting and migrating birds on Sarasota County beaches and at other beaches where we may have occasion to travel.

By working with the Audubon Society, we hope to help create awareness among ourselves, garner the committment of other beach users and effectively contribute to the success of protection and preservation efforts of the Audubon Society for the threatened bird species that nest on, rest on and fly over our beaches."

"Hello again, I do apologize for the enormous volume of mail that I am flooding you all with. No way can I afford the time to edit my thoughts in this application. Each conversation and or development; you are getting it. Any of you who wish to be purged from list, let me know otherwise my method is that EVERYONE GETS EVERYTHING in or out on this subject. OK?

Next; background in more detail: The County staff members that I sat down with on Monday produced a copy of City Ordinances from 2001 that they were given by the City Police or City Code. They said that the ordinances prohibited Kiteboarding On or near any City Beach. What is the difference between a city and a county beach? Ownership. S. Lido is owned by the County, Lido Public Beach and North Lido are owned by the City. Jurisdictions for city and county enforcement, I think are; Sheriff at S. Lido, ( a county Park) and Sarasota City Police at Lido and N. Lido.

According to staff, they were told by the City of Sarasota Police official that they consulted with, that kiteboarding had been banned on Lido since 2001 in Ordinance 01-4282 sections 10-23 and 10-24. They were also told by the most well known and present Sergeant or Lieutenant or possibly Captain, who is always out on Lido at the Nature Center and elsewhere, that the Police Department had been actively enforcing this ordinance banning kiteboarding.

Well...... First and foremost, the ordinance, upon reading, DOES NOT refer to kiteboarding at all. Of course, since kiteboarding was in it's infancy in 2001 and there WERE NO ISSUES with it until now; it doesn't stand the test of reason that an ordinance prohibiting it would have been put in place. I am going to have to do some research to find out what activity was targeted and why, but it wasn't kiteboarding.

The ordinance reads as follows and I have to type it as I can't scan it yet.

Sec10-23 Towing or manipulating flying or sailing devices, parachuting near beaches.

It shall be unlawful for any person to tow or manipulate any person attached to any flying or sailing device or parachute through or over an area within five hundred feet each side of the water's edge of any public or private gulf beach customarily used for swimming or surf bathing below an altitude of five hundred feet above the surface of the water.

Sec10-24 Operating, etc., flying devices near beaches.

It shall be unlawful fro any person to operate in, be a passenger in or control any flying device carrying a person or persons through or over an area within five hundred feet each side of the water's edge o fany public or private gulf beach customarily used for swimming or surf bathing below an altitude of five hundred feet above the surface of the water.

These ordinances refer to parachuting, obviously, but probably were meant keep parasailing away from the beach. It may also have been meant to cover things like ultralights that used to give rides from the water to the sky and back again. At any rate this was misinformation given to County Staff by City Staff and when County Staff took it at face value, without seeing the error, it was easy for them to make a rule prohibiting kiteboarding on the County Beaches too. Then, to be told that this had been being enforced on Lido, I think that it is no wonder that suggesting banning kiteboarding came so easily to County Staff.

In ordinance 10-23 it clearly says; one person towing or manipulating another person. We don't do this, do we? Anyway, that's just a little more background for you.

I'm going to the beach.

See ya.

Laurel"
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Old 05-22-2010, 07:14 AM
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John,

Thank you very much. I have included Chris, a multi-generation Sarasota native and owner operator of Waterman Kite Sports (near Siesta Key).

I would like to reiterate that local kite surfers would like certain areas off limits to kite surfing to be designated. We understand the need to keep bathers and beach goers safe as well as the wildlife in the sand dunes. I believe current swim zones go 200 feet from the beach? That would be fine to keep in place as a buffer we cannot sail into. The issue seems to be the desire to keep us away from fragile wildlife in the sand dunes. We concur with that. I think we all want the same thing here. We want to maintain reasonable access for our sport.

Please call Chris or myself with any items that need clarification.

Best regards,

Gris

Wonderful. I will certainly be more than happy to answer any questions and concerns on this issue. There is definitely a happy median solution that will satisfy public and wildlife safety concerns and the needs of kite surfers/boarders. Please know kite surfers are by definition nature lovers. We are powered by wind and sail on the water with dolphins and sea turtles.

We kite surfers have no interest in launching and landing near bathers. We just need designated spots to launch and land our kites. I will be happy to point out some spots we have been using. As to the one land kite boarder who was jumping on dunes, that is a fringe part of our sport and that will not be a problem prohibiting land kiteboarding on sand dunes. 99% of kite boarding/surfing in our area is on the water.

Sincerely,

Gris

Thank you Gris. I very much enjoyed talking to you and now better understand the issue. I am forwarding your e mail to the other commissioners and to staff so that everyone may be better informed as to the needs of kite boarders if we do not wish to kill the sport.

We are talking, I believe, from our conversation, entirely about kite boarding in the water and not on dry sand or dunes.

By copy of this e mail to the administrator, Mr. Ley, I am asking him to have staff who are working on the regulations for Siesta Key to contact you and review what you tell me some other communities have done with the issue and how it might be resolved so as not to shut down the sport but also protect people who might be bathing in the shallow water. I understand now, that you need access to shallow water in order to safely launch. Nora

Nora,

Thank you so much for returning my call and speaking about an issue that is very important to me. Per your request, I am putting the pertinent items of our discussion in this email message.

1. Kite boarding requires an open area large enough to safely launch and land kites where the participant can stand. This is the most practical and safe way to launch and land a kite.
2. It is not practical to swim the kite out to sea and then launch the kite.
3. We self-police our sport because we know our sport has inherent risks to us and those around us. We never launch or land a kite near crowds. We have an unwritten agreement with local life guards not to launch, land, and ride near people and to stay outside the swim buoys once we are riding.
4. This has kept us from having a single incident (with an injury to the public).
5. Our sport is not cheap and the demographic is professional men and women from 30 to 65 years old. Unlike surfing, kite boarding is a team sport in that we need each other to help launch and land our kites and fetch boards.
6. Miami allowed access in designated areas of their public beach for kite boarding.
7. We will certainly keep clear of dunes that may have wildlife nests. This is now a priority for us. We were not aware of the issue.

Bottom line, the local kite boarding community is very concerned about losing our ability to practice our avocation in Sarasota. The statewide kite boarding community is also very concerned that precedent might be set by these regulations. We want to work with our local government to find a solution that keeps the public and wildlife safe and allows us to continue our passion for kite boarding. You should try it out. It really is not difficult to learn.

Sincerely,

Gris
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Old 05-22-2010, 07:23 AM
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Hi Laurel!-
I had some time today with John and he seemed very receptive to the changes that we discussed. Ultimately he will provide me with his final comments early next week. I am including a copy of the draft Code changes and draft staff report to the Board. Please be aware that this still remains a draft and I have yet to get official comments back from the County Attorney's Office that could modify it. At this time, I would not expect them to modify the language on air sports.

Preliminary discussions between County staff and Audubon on Code changes to limit impacts to nesting shorebirds seem to be leaning toward the insertion of language concerning Federal and State listed species protection laws (see last paragraph of draft report). This would also appear to address their concerns with air sports too, but it may be too early to tell. There will no doubt be more discussion of this on 6/23.

Also please be aware that the final decision resides with the Board of County Commissioners on the matter at public hearing on 6/23. I am glad that you are coming and can speak to our partnership on the matter! Thanks for your help!

-Rob


Hey Rob, have you been able to run the proposed regulations by John McCarthy yet? If you have a minute to bring me up to speed on developments it would be great. Thanks, again.

Laurel
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Old 05-23-2010, 09:16 PM
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Hey Vince, thank you for joining the coalition. New development; you are the first to know, and great that you asked how you can help. I got a call today (Sunday), from Jon Thaxton. George and I are going to meet with him tomorrow. He was calling to see if I could change our appointment for tomorrow. Turns out, his secretary penciled me in on his schedule on Friday when I called but forgot to call me back to let me know. Talk about lucky!, (that he couldn't make it happen). Again, timing seems to be on our side.

What I MOST need, is a "no brainer" comprehensive/complete list of ALL interested parties. Ideally, this would be a list of SKC members but until such time as an individual signs on I still would like to afford them access to what has and is going on to help them in the informed decision making process of whether or not they want to be on board. There are a lot of people that I have not copied or contacted at all due to lack of contact info. Woody, Dieter, Taylor,Svetan and his buddies, the list goes on and on. There are a lot of us now.

If you or someone you know could take on the job of contacting everyone that you or they know of who was not at the meeting and therefore has not yet been afforded the opportunity to join; if they want to add their contact info to the list and or join the coalition is the question. If you can get me info on anyone else who cares to fall into one of those categories; info. recipient or info.recipient/coaliton member; THAT would set my mind at ease and I can direct my full attention to the other matters at hand.

I will have lots more stuff to do with regard to meeting Audubon and garnering their support. A very enthusiastic welcome call from SW Fla Audubon (of which we are members as of Wednesday last) came as well and our membership was announced at their board meeting last night, or Thursday night. I am copying everyone on stuff like this to keep from duplicating effort. At some point I will do updates as well but most info takes place like this and goes to the organization at large.

I appreciate your offer. Let me know how it goes. I will update after the meeting tomorrow.

Laurel
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Old 05-23-2010, 09:19 PM
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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
2
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
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Old 05-23-2010, 09:19 PM
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Exhibit 1
Page 1 of 7
1
ORDINANCE No. 2010-_____
ARTICLE II. USE OF PARKS, BEACHES AND PUBLIC LAND
AN ORDINANCE OF SARASOTA COUNTY, FLORIDA, RELATING TO THE USE OF PARKS, BEACHES AND PUBLIC LAND IN SARASOTA COUNTY, FLORIDA; AMENDING ORDINANCE NO. 2007-102, AS AMENDED AND CODIFIED IN CHAPTER 90, ARTICLE II OF THE COUNTY CODE OF ORDINANCES OF SARASOTA COUNTY, FLORIDA; AMENDING SECTION 90-32 DEFINITIONS; AMENDING SECTION 90-33 PROHIBITED ACTIVITIES AND USES; AMENDING SECTION 90-36 ENFORCEMENT AND REMEDIES; AMENDING 90-37 PENALTIES; AMENDING 90-38 APLICABILITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OR SARASOTA COUNTY:
SECTION 1. This Ordinance amends Chapter 90, Article II of the Code of Ordinances of Sarasota County, Florida (the "Code"). In this Ordinance, deleted text is shown in strikethrough and new text is underlined.
SECTION 2. Section 90-32 of the Code is hereby amended to read as follows:
Sec. 90-32. Definitions.
For the purpose of this article, the following terms shall have the meaning indicated in this section.
(1) Air Sports means kiteboarding, kitesurfing, landboarding, parachuting, parasailing, and paragliding.
(12) Beach means any sandy or rocky area located waterward or seaward of the vegetation line or a bluff. Where a functioning shore-parallel seawall or rock revetment exists, the beach shall constitute the sandy or rocky area located seaward or waterward thereof.
(23) Board means the Sarasota Board of County Commissioners.
(34) Citation means the summons issued by a law enforcement officer and shall be in the form prescribed by the County.
(45) Code Administrator means the County Administrator, or designee.
(56) County means Sarasota County, Florida.
(67) Public Beach Park means any public parkland contiguous to a Beach or separated by a roadway from a Beach that is located along the Gulf of Mexico and/or Big Sarasota Pass, Venice Inlet, or a reestablished Midnight Pass, including parking areas associated with the Public Beach Park.
Exhibit 1
Page 2 of 7
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(78) Public Natural Area means any property owned or leased by Sarasota County for public use and preservation of its natural resources.
(89) Public Recreation Area means any property owned, leased, or operated by Sarasota County and used for a public park including, but not limited to, parking areas and public accesses associated with the Public Recreation Area.
(910) Soliciting or Canvassing means any display, delivery, or exchange of merchandise or services or information related to the delivery or exchange of merchandise or services, not initiated by the prospective customer, which directs attention to any business, mercantile or commercial endeavor or any other commercial activity, for the purpose of directly or indirectly promoting commercial interests through giveaways, sales, rentals or any exchange of value.
(1011) Person means any individual, firm, association, partnership, joint adventure, business, trust, syndicate, or corporation.
(1112) Vehicle means any device, in, upon, or by which any person or property may be transported or drawn, including automobiles, trucks, motorcycles, tractors, trailers, buses, motor homes or campers, whether motor-drawn or not. This shall not include a nonmotorized bicycle.
(1213) Watercraft means any boat, motorboat, sailboat, vessel, houseboat, barge, surfboard, floating structure, floating home or any contrivance of any nature whatsoever which is waterborne and is capable of moving under its own mechanical power, by sail or by tow line.
SECTION 3. Section 90-33 of the Code is hereby amended to read as follows:
Sec. 90-33. Prohibited conditions, activities andor uses.
(a) Unless otherwise noted, the following conditions, uses, and activities are prohibited on or Beaches and within Siesta Key's Beaches from Palmer Point Park to the municipal limits of the City of Sarasota, Public Recreation Areas, Public Beach Parks, or Public Natural Areas, Public Beach Parks and the Beaches or any foreshore area located immediately waterward thereof where waves crest and break:
:
(1) Holding, drinking from, possessing, or disposing of glass containers of any kind.
(2) Dogs, cats, and other pets outside of areas specifically designated for activities involving such animals, except for dogs trained to assist or aid disabled or handicapped persons when such dogs are actually being used to assist or aid such persons. Any dog, cat or other pet found in violation of this section may be impounded and held in accordance with provisions of the Sarasota County Code of Ordinances.
(3) The use of cigarettes, cigars, or any tobacco products:
a. Within the defined perimeter at County-owned or operated Public Recreation Areas while such Areas are being utilized for organized youth athletic activities. For purposes of this Section, the "defined perimeter" is the area that encompasses all athletic fields, spectator stands, concession
Exhibit 1
Page 3 of 7
3
areas, restroom areas, walking or congregating areas, and all intervening spaces. This area is generally, but not exclusively, outlined by perimeter fencing with gates at points of entry. For purposes of this Section, a "youth athletic organization or league" is defined as an organization which contracts with County Parks and Recreation to conduct activities related to youth athletic leagues, including athletic practices and games, meetings, clinics, and demonstrations, on a regularly scheduled basis at County-owned or operated Public Recreation Areas (e.g. baseball, football, soccer, softball).
b. Within any Public Beach Park or on any portion of a Beach located seaward or waterward of a Public Beach Park at any time, except in smoking areas, as determined by resolution adopted by Sarasota County, the City of Sarasota, and/or the City of Venice.
(4) Abandonment of animal fecal matter.
(5) Fishing activities conducted within swim areas designated by swim buoys.
(6) Parking or driving Vehicles or mooring Watercraft between the hours of 12:00 midnight and 6:00 a.m. daily unless the Board, for good and sufficient reason, orders any of said facilities to be subject to a different closing time. This subsection shall not apply to authorized emergency and law enforcement vehicles, authorized maintenance or repair vehicles, marked vehicles of public safety and public service agencies, or vehicles displaying a permit that has been issued by the Code Administrator.
(7) Driving or parking a Vehicle or Watercraft except in those areas specifically designed or otherwise designated by signs to be used for such driving or parking; provided, however, that the Code Administrator may issue written permits granting special parking privileges, upon application therefore, to persons suffering acute physical disabilities, which permits shall specifically recite on the face thereof the exact extent of the special privileges and the area or areas involved. Provided further, this subsection shall not apply to authorized emergency and law enforcement vehicles, authorized maintenance or repair vehicles, or marked vehicles of public safety and public service agencies.
(8) Operation of a bicycle within a posted area that excludes such use.
(9) Operation of an automobile, truck, motorcycle, motor scooter, motor bicycle, or other mode of transportation in excess of 15 miles per hour, unless otherwise posted by the County.
(10) Overnight camping of any type except in those areas that are developed and designated for such use and where the Code Administrator has authorized such use by permit.
(11) Disposal of any paper, waste, garbage, trash, cigarette butts, debris, or other litter of any kind except in proper receptacles. The use of County receptacles is limited to paper, waste, garbage, trash, debris or other litter that
Exhibit 1
Page 4 of 7
4
was generated as the result of activities at the Public Beach Park, Beach, Public Natural Areas or Public Recreation Area at which the receptacles are located.
(12) The sale of food or drink of any kind, including beer and other intoxicating beverages, or the sale or rental of athletic equipment, sports equipment, jet skis and other Watercraft, or any other items; provided, however, that the County may issue permits, or enter into license agreements, leases or other agreements for the sale or rental of any of the above on such terms and conditions as the County shall deem proper and in the best interest of the citizens of the County.
(13) The playing of sports and games in which an object is propelled through the air by any means except in those areas specifically designed or otherwise designated for such activities.
(14) Fires, except in grills, fireplaces, or barbecue pits that are provided by the County, or that are associated with County-managed prescribed burns.
(15) Soliciting or canvassing unless authorized in writing by County Parks and Recreation.
(16) Destroying, cutting, carving, mutilating, moving, displacing, breaking off, injuring, defacing, marring, moving, digging, harmfully disturbing or removing from any area, or the waters thereof, any buildings, structures, facilities, cultural resources, including historic and prehistoric, equipment, park property, soil, natural water bottom formation, sand, gravel, rocks, stones, fossils, minerals, plants (including terrestrial, aquatic, marine, or epiphytic plants) or animals, artifacts, or other materials. Provided, however, this subsection shall not apply to:
(i) Legal fishing;
(ii) Trapping or removal of animals by a County-authorized party;
(iii) The sculpting of sand (such as sand castles) on Beaches or within Public Beach Parks, or the collection of shells, sharks' teeth, and other natural materials that wash up on Beaches or within Public Beach Parks, except as otherwise prohibited by federal, State, or local laws; or
(iv) The collection of natural objects, including plant and animal life and minerals, for scientific and educational purposes so long as such collection is conducted in compliance with all federal, state or local laws and authorized by a permit from the Code Administrator. Permission shall be applied for by submitting a written request at least ten business days prior to collection;
(v) The management of the land and risk abatement by the County.
(17) Introduction of any plant or animal species to the environment by willful abandonment, negligence, or for any other reason without permission from the County department or division charged with enforcement of this provision.
Exhibit 1
Page 5 of 7
5
(18) Parachuting, paragliding, and landboarding Air Sports . Exceptions shall be by County Permit. All other Air Sports shall be subject to the following requirements:
(i) 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.
(ii) 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.
(b) Notwithstanding the prohibitions listed in subsection (a) above, the following conditions, uses, and activities are prohibited on all Manasota and Casey Key Beaches located south of Palmer Point Park, or in any foreshore area immediately waterward thereof where waves crest and break:
(1) Abandonment of animal fecal matter.
(2) Parking or driving motorized vehicles.
(3) Disposal of any paper, waste, garbage, trash, cigarette butts, debris, or other litter of any kind except in proper receptacles.
(4) The sale of food or drink of any kind, or the sale or rental of athletic equipment, sports equipment, jet skis and other Watercraft, or any other items, except by County permit.
(5) Fires, except in grills, fireplaces, or barbecue pits designed for such fires.
(6) Introduction of any plant or animal species to the environment by willful abandonment, negligence, or for any other reason without permission from the County department or division charged with enforcement of this provision.
SECTION 4. Section 90-36 of the Code is hereby amended to read as follows:
Sec. 90-36. Enforcement and remedies.
(1) The Sarasota County Sheriff, his deputies, any municipal police officer and any other law enforcement or code enforcement officer authorized to enforce County ordinances shall have the duty and authority to enforce the provisions of this article by the issuance of a Citation to the alleged violator A Citation shall contain the following:
(a) The date and time of issuance;
(b) The name, if available, and address of the Person to the Citation is issued;
(c) The date the infraction was committed;
(d) The facts of the infraction;
Exhibit 1
Page 6 of 7
6
(e) The number or section of the Code violated;
(f) The name and title of the law enforcement officer or code enforcement officer;
(g) The procedure for the Person to follow in order to pay the penalty or to contest the Citation;
(h) The applicable penalty if the Person elects to contest the Citation;
(i) A conspicuous statement that if the Person fails to pay the penalty within 30 days or fails to appear in court to contest the Citation, the Person shall be deemed to have waived their right to contest the Citation and that, in such case, judgment shall be entered against the Person for the amount of the Citation, plus court cost, recording fees, and any other charges required by this article.
(2) Notwithstanding any other provisions of this article for enforcement or penalties, the Board may also enforce this article by actions at law or in equity for damages and injunctive relief, and, in the event the Board prevails in any such action, the Board shall be entitled to an award of its costs and reasonable attorneys' fees.
SECTION 5. A new Section 90-37 of the Code is hereby established to read as follows:
Sec. 90-37. Penalties.
(1) Any person who violates Section 90-33(a) (1), (2), (3), (4), or (5) or (8) is subject to a civil fine in the amount of $97.00 plus any additional costs imposed by State or local law. This shall also apply to the any person who violates Section 90-33(b) (1).
(2) Any person who violates Section 90-33(6) or (7) is subject to a civil fine in the amount of $74.50 plus any additional costs imposed by State or local law. This shall also apply to the any person who violates Section 90-33(b) (2).
(3) Any person who violates Section 90-33(a) (8), (9), (10), (11), (12), (13), (14), (15), (16), or (17), or (18) is subject to prosecution for a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 and 775.083, by a defined term of imprisonment not exceeding 60 days and a fine not exceeding $500.00. This shall also apply to the any person who violates Section 90-33(b) (3), (4), (5), or (6).
(4) Court costs may be imposed as provided by law.
(5) The County may seek to impose a lien on property owned by the Person cited for a violation of the Code if that Person fails to pay any amount entered as a judgment.
(Ord. No. 2007-102, § 8, 12-11-2007; Ord. No. 2009-009, § 2, 1-14-2009)
SECTION 6. A new Section 90-38 of the Code is hereby established to read as follows:
Sec. 90-38. Applicability.
This article shall be applicable in both the unincorporated and incorporated areas of the County to the extent that such municipality has not enacted an ordinance which conflicts with any
Exhibit 1
Page 7 of 7
7
provisions of this article. Should any section of this article conflict with any municipal ordinance on the same subject, the municipal ordinance shall control provided that the remaining sections of this article shall remain in full force and effect in the municipality.
SECTION 7. Severability.
The provisions of this Ordinance are severable and it is the legislative intention to confer upon the whole or any part of the Ordinance the powers herein provided. If any of the provisions of this Ordinance shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any remaining provisions of the Ordinance. It is hereby declared to be the legislative intent that this Ordinance would have been adopted had such unconstitutional provision not been included herein.
SECTION 8. Effective Date.
This Ordinance shall take effect immediately upon filing with the office of the Florida Secretary of State.
PASSED AND ULY ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA, this ____ day of ________________, 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA
KAREN E. RUSHING, Clerk of Circuit
Court and Ex-Officio Clerk of the Board of
County Commissioners of Sarasota County,
Florida By: ______________________________
Chair
By: ______________________________
Deputy Clerk
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FKA, Inc.

transcribed by:
Rick Iossi
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  #7  
Old 05-23-2010, 09:44 PM
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ricki ricki is offline
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"Hello everyone, Thank you for coming out last night. Sorry to have missed anyone who was not able to make it.
We had a great turnout and signed up almost everyone in attendance. The good news, if you missed the meeting; is contained in my most recent forwarded mail of today.

Rob LaDue, Superintendent of Sarasota County Parks, let us know on Friday afternoon that the proposed ordinance, that was previously suggested, to prohibit kiting on all Sarasota County Beaches; has been rewritten and, if found acceptable to the Parks Director, The County Attorney and the Florida Fish and Wildlife officials; could be finalized and submitted to the County Commissioners for discussion and public input at the Public Hearing on June 23.


We are by not means in the clear. Although this is all extremely good news, in my opinion, we will ultimately get nowhere if our practices are not even more protective of public safety and the nesting and migratory birds than these proposed guidelines stipulate. Rick Iossi, shares with us that the public sectors' support is easier to achieve than the actual cooperation of local and visiting kiters who must, ultimately, protect their own access. We are extremely fortunate to have such a small, responsible group of local kiteboarders to deal with. In my experience, almost every visitor who comes here to kiteboard either calls a local shop to check out conditions and regulations already knows one of us and hooks up with them upon arrival, or is easily identified as someone we don't know who will need to be brought up to speed by one of our members on the regulations and practices that facilitate our access.


I forwarded to all of you, an e-mail to Vince about the surprise meeting tomorrow with Jon Thaxton. George volunteered to sit down with us. They are friends and have a love for kayaking in common. I feel that George and I can work together best to have a productive meeting that leaves Commissioner Thaxton with a better comfort level with Kiteboarding on the beach.

Also, tomorrow, we will work to develop a complete contact list based upon the newly added e-mail addresses from new members at Saturday's meeting. We hope to make certain that everyone has received all of the backlog of mail. Instead of justifying the list of forwards and the most comprehensive list of mail, we will send all volumes of the archives to any new address and current forwards or updates will continue to go to everyone on the list as we move forward. If at any time, you don't want to be kept up with the day to day, simply send me an e-mail and let me know and I will stop copying you.

Provided that the wind does indeed blow again this year at the beach, there will be as many demonstrations as it takes to get anyone and everyone with questions or reservations, 100% up to speed on the launching and landing method that we have ascribed to in regard to nesting season. This may well be the hardest part of our proposal, to implement. While NOT written into the regulations; this practice is a VITAL part of the assurances that were put forward by me on your behalf. We have volunteers who can be on hand almost any time to show you how and how not to make this a safe and reliable method. If beforehand there are any questions about this, please don't hesitate to ask.

Update to follow tomorrow's meeting.

Laurel"

Last edited by ricki; 05-24-2010 at 12:26 PM.
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  #8  
Old 05-24-2010, 08:46 PM
kitesurfher kitesurfher is offline
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Location: Sarasota
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Default Update from meetings

Hey Kiters, We are having extraordinary luck with the access issue in Sarasota. Our efforts have been well received and because of o the outstanding track record that we have, built over the last 12 years of uneventful (somewhat) kiting on Sarasota Beaches, we are being heard and listened to by County Administrators. Hurrah!

As of Friday we were informed that an amended draft will propose the following restrictions on Kiteboarding on Sarasota County Beaches:

1. 200' margin to either side of the swim zone off limits to kiters

2. Kites give way to pedestrians and swimmers always

3. Kites launched and landed (they are using the word deployed) away from pedestrians and bird nesting areas
(these regulations and the wording are going through the County Attorney's office and are being weighed in on by Fish and Wildlife and Audubon) but the Parks Superintendent said that he thinks they will not be changed. Environmental Laws and regs to be noted in regs

ARE WE GOOD WITH THIS? ARE YOU KIDDING?

To some extent this was worked out because we immediately conceded that Landboarding, which was only practiced by 3 guys here anyway----------and they were more than willing to give it up for the greater good------------ was immediately conceded: it is to be banned You just can't make an argument that this is cool on the beach in Sarasota: not for public safety and not for the environmental concerns of the Audubon and Fish and Wildlife Commission.

We have, as a group, Sarasota Kiteboard Coalition.org, joined the Audubon Society of SW Florida to show our support and commitment to their cause and our respect for the endangered nesting and migrating birds.

They are happy to have us on board.

As Rick has pointed out, this is all the easy part of success in maintaining access. The hard part is getting Kiters to do their part and abide by agreements and regs.

A MAJOR, and pivotal part of these negotiations is that I represented to County Parks Staff, who are charged with writing and recommending the regulations, that we, unlike other air sports which are banned at the beach, are able to keep our kites at ground level when launching and landing during the nesting season from April to August.

It is weird, not taking your kite up when you or someone else launches it; but with practice and attention it can become second nature; and it MUST.

Tonight, as I rode at S. Lido I watched, with interest and then sadness as a kiter that is not well known, nor a frequent rider here, repeatedly had his kite fall from the sky, right near the water, then on the beach and finally right next to the bird nesting area. I had a tourist quickly take a picture for me.

We talked a few minutes later and he had no idea about the new procedures but was all over it to get with the program.

A meeting with County Commissioner Jon Thaxton, today (the guy who made the statement that kiteboarding was very, very dangerous not only to the participant to those around; proved to be very positive and promising.

He has a friend who, I know well who bought a kite and taught himself; only he didn't get it that the kite, in the power zone, and the board on your feet directly downwind can be lethal. When push came to shove the weakest link was his ankle. Now, of course he tells his buddy the commissioner that kiting is super dangerous and he's going to stick to windsurfing. This guy, didn't take but a trainer kite lesson and thought he was too cool for school. He doesn't even kite and he nearly got us into deep trouble.

We have appointments with each of the County Commissioners through this week. There is apparently, no strong impetus to create a ban. With education, our history and a local influential advocate we are making enormous progress.

Also, when I telephoned a senior member of our local lifeguards who has all of our 12 years as his experience with us and Kiteboarding, he, when asked if I can count on him to support us; based upon our history of self policing, safety, and cooperation, had only one word as his answer: ABSOLUTELY.

These developments are a tremendous relief to all of us. I had several kiters tell me that if they banned kiteboarding they were going to have to get mental health counselling; others said they would have to move. I was already headed for Maui.

Hopefully all of this is downwind (a coast run) from here on out. Will keep you posted. Thank you all for kiting safely here in the past and in the future.

Looks like we will be seeing you on the water in Sarasota sometime.

Laurel
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  #9  
Old 05-24-2010, 11:22 PM
robertovillate robertovillate is offline
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Good news and fair play to all of you working on this initiative.

I hope that everyone respects your efforts and cooperates with the regulations.

People need to remember/realize "Abuse it and lose it". Everyone still needs to be involved and help self police other kiters so that the efforts of others are not in vain.
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  #10  
Old 05-26-2010, 08:18 AM
Anto Anto is offline
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Join Date: May 2010
Location: Sarasota
Posts: 38
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Hi,
This is an excellent news, thanks !
Iam looking for the best spots in Sarasota for kiting safely. I found this link : http://kiteboardingtampabay.com/inde...per&Itemid=206 but I didn't find a map for Sarasota County?
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