Council adopts water sports code amendments
Regulations on water sports within the Town of Fort Myers Beach Land Development Code have been updated now that amendments were finalized during a second and final hearing to adopt the changes to the existing ordinance.
Regarding personal watercraft and parasailing vendors within the water sports industry, the Fort Myers Beach Town Council unanimously approved designating town code enforcement officers to enforce provisions of the code chapter and added provisions relating to soliciting and picking up customers, maintaining a 500-foot separation between businesses with measurement guidelines and prohibiting certain structures within 15 feet of the wet sand. Council also granted the deletion of provisions relating to the removal of nonconforming structures from the beach.
The change in ordinance provisions also allows PWVL and PAL license holders to move their licenses around and change locations to conforming locations if necessary.
Other changed language in the code involves removing the requirement of floatation devices from one section and keeping it in another; PWVL and PAL businesses will not be allowed to solicit customers along the beach outside the approved location’s property boundaries; and inactive license holders are not required to carry insurance.
Since the ordinance was basically written for safety, a major part of the discussion before approval centered on the idea of increasing the separation between businesses from 500 feet to 750 feet for any new businesses seeking permits in the future. After much public comment objected to that measure, Council members reconsidered that expansion in area.
“For 19 years, we have not had a single issue with the 500-foot provision,” said Beach Mayor Anita Cereceda. “I think from a safety point of view, the 500-foot limitation has been effective.”
There are areas along the beachfront where that separation between businesses does not seem to apply to the rule. A cluster of water sports businesses just south of Lani Kai Beach Resort was seen as a problem and the crowdedness deemed unfair for the average resident beach-goer.
“Safety is not my only concern. When I say spread them out, I am saying de-clutter the beach,” said Councilwoman Rexann Hosafros.
An issue involving tractors that mechanically remove the wrack from the beach and flatten it for aesthetic reasons was also pointed out as a safety issue due to the vehicle frequency of working the beachfront and going outside its legal boundaries. Stricter code enforcement should help in that matter.
During the first hearing, Council members made sure language included a requirement to have each licensed location possess a motorized chase rescue vessel in case of water incidents.
“I am concerned that if we get someone who is a little less scrupulous and their vessel breaks down and can’t get it fixed for a week because they are waiting for parts but they continue to rent jet skis, then I would like to know that we can shut them down quickly,” said Hosafros at the introduction hearing.
Other public comment questioned why the ordinance groups both PWVL and PAL issues together.
“Parasailing and wave runners have absolutely nothing to do with each other,” said Patrick Ranalli, owner of Ranalli Parasail. “Parasailing is regulated by the federal government and the state government. Wave runners are regulated by (the Town) and they have county occupational licenses and some requirements by the state for their operators. As far as business goes, there is just nothing that should be considering these two entities at the same time.”
The ordinance amendments is the collaboration of much effort between Town officials and affect license holders regarding the issue.
On May 5, Council declined to adopt the entire ordinance changes as previously recommended. Back in June, it then decided to table the public hearings after the Local Planning Agency provided no recommendations during its own public hearing on the issue in late May. On July 11, affected business license holders held a workshop with staff, town attorney and Councilwoman Summer Stockton and came to an agreement on proposed language. LPA recommended approval to such language on Aug. 12. Language was further amended based on Council and public commentary during the introductory hearing on Oct. 6.