Beach furniture codes need attention
Regulation decisions regarding another set of beach vendors are on the table.
After finalizing and approving amendments to water sports codes last month, the Fort Myers Beach Town Council is now tasked with reviewing similar codes for beach chair vendors. The elected officials discussed the matter during its workshop on Monday, and will have the Town Local Planning Agency look into the whole matter prior to revisiting.
Historically, beach furniture violations have not been filed due to loose code language and a lack of a permitting procedure involved with the vendors. Water sports vendors have been the ones that have traditionally applied for licenses to have beach furniture on the beachfront, but there are others not involved in that field.
A proliferation of beach furniture has caused increased discussion in this issue.
“The most important thing is that the beachfront is public and not commercialized,” said Mayor Anita Cereceda. “That element, to me, corrodes the character of our community. It’s too much.”
Town Attorney Derek Rooney, who will craft different language for this particular code, suggested that surveys be provided during the permitting process so that vendors can show the designated area of use. Vice Mayor Dan Andre would like liability insurance also added into the language to ensure that a stray beach umbrella does not “impale” a sun bather.
Town officials receive many complaints from beach furniture vendors that are angered over private beach users placing their own chairs directly in front of the operation. There is debate over rights to public beach as opposed to business area.
“It almost comes down to a private property rights issue,” said Town Environmental Sciences Coordinator Keith Laakkonen. “It comes down to something that they might have to bring in the sheriff’s department, because our code does not deal with it.”
“There are some properties that have their survey boundaries go to the mean high water line. There are others that end 50 yards away from the water,” added Town Principal Planner Josh Overmyer.
Cereceda stated she believes that the most restrictive case applies in the overall issue.
Councilwoman Summer Stockton is not in favor of constant tractor usage on the beach. She believes the water sports machines, beach furniture and all other equipment being transferred by tractor needs to be done so each morning and evening and not all day long. Danger due to congested areas was a reason cited.
Stringent enforcement usually occurs during sea turtle nesting season, which runs from May 1 through Oct. 31. During that time period, town code reads all beach furniture and equipment must be removed from the beachfront behind the permanent dune line or past 200 feet from the mean high water line between 9 p.m. and 7 a.m. It must be safely stacked in area no larger than 10 feet by 10 feet and secured by cable or chain, while each stack must be at least 50 feet removed or apart from the next stack.
The close proximity to water that vendor placement of beach furniture has also been an issue. Town code says the chairs and equipment needs to be set landward of the mean high water line and not in the “wet sand” area, known as the last high tide line.
On Oct. 20, regulations on water sports within the Town of Fort Myers Beach Land Development Code were updated after amendments were finalized during a second and final hearing to adopt the changes to the existing ordinance.
The same may need to be applied to beach furniture and its vendors. Council hopes to re-address the issue come January.