ORDINANCE NO NOW, THEREFORE, BE IT ORDAINDED BY the City Commission of the City of Cocoa Beach, Florida:

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1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF COCOA BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF COCOA BEACH, FLORIDA BY AMENDING CITY CODE CHAPTER BEACHES, FILLS, BOATS AND WATERWAYS, ARTICLE II. OCEANFRONT REGULATIONS, TO ADD A NEW SECTION -0 TO BE TITLED USE OF MUNICIPAL BEACHES AND FACILITIES ; ESTABLISHING A REASONABLE COMMAND PROTOCOL; PROVIDING FOR DISORDERLY CONDUCT; TRESPASS; BEACH RANGERS ; PENALTIES; AND PROVIDING FOR INCORPORATION OF RECITALS, SEVERABILITY, INTERPRETATION, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Cocoa Beach has identified the need to create organization and a command presence on its municipal beaches and facilities; and, WHEREAS, the City Commission held a duly noticed public hearing on, to consider this amendment and has posted and provided public notice of this ordinance in accordance with City Code and Florida Statutes; and, WHEREAS, the City Commission finds that this ordinance will promote the public health, safety, welfare, economic order and public interest. NOW, THEREFORE, BE IT ORDAINDED BY the City Commission of the City of Cocoa Beach, Florida: SECTION : The above recitals are true and correct and by this reference are hereby incorporated herein and made an integral part hereof as though fully set forth herein. SECTION : Article II. OceanFront Regulations is hereby amended to add a new Section -0, to be titled, Use of municipal beaches and Facilities, and to be read as follows: Section. -0. Use of Municipal Beaches and Facilities A. Beach Rangers the duly appointed and identified Beach Rangers shall be responsible for identifying violations and pursuing compliance from persons violating the city code provisions and/or ordinances. B. Reasonable Command It shall be unlawful for any person to deliberately disobey any reasonable command of a duly appointed and identified City Beach Ranger while in the legitimate performance of his duties, such commands being intended to ensure the safety of persons using the beach or structures erected thereon.. A reasonable command shall be preceded by a verbal warning to such person to cease the activity or behavior, which is jeopardizing the safety of those using the beach or the structures thereon; such person shall be given a reasonable opportunity to comply with the warning. Said reasonable command shall be made in the presence of or by a certified law enforcement officer acting on behalf of the City of Cocoa Beach.. A reasonable command shall include, but not be limited to adherence to those rules and regulations found in Section -0 (C). C. Rules and regulations. Absent a Permit issued by the City, all persons entering or on the beach, or structures erected thereon, when directed by a Beach Ranger, police officer or other enforcement official of the city, shall comply with the following rules and regulations, and failure to follow the reasonable command of said official shall

2 ORDINANCE NO constitute a violation of this section. A reasonable command shall include, but not be limited to, the following commands:. To refrain from engaging in any activity or to act in any way which is likely to cause endangerment to himself or others.. To cease doing any act or creating any condition which does or is calculated to encourage, aid, abet, or start a riot, public disorder or disturbance of the peace; and it shall not be necessary to prove that that person was solely responsible for that riot, public disorder or disturbance of the peace.. To refrain from loitering so as not to obstruct the free flow of pedestrian travel in the marked beach safety access lanes.. To cease digging holes or tunnels in the sand to the extent it endangers the safety of the person(s) digging or tunneling, or the safety of others.. To refrain from entering the Atlantic Ocean when, in the opinion of a Beach Ranger, police officer or other enforcement official of the city, a person is impaired by alcohol or any other substance to the extent that entering the Atlantic Ocean endangers that person or other persons.. To refrain from placing tents or canopies, individually or combined, to be larger than 0 by 0 ; each tent or canopy, individually or combined, shall be separated from such adjacent tents and canopies by a minimum of 0 feet.. To refrain from placing objects or structures such as tents, umbrellas or canopies such that it would impair a lifeguard s ability to monitor the safety of bathers or to perform the duties of a lifeguard.. To cease producing and/or using an amplified sound device such as a mobile DJ (disc jockey) set-up producing sound of type and loudness to cause a crowd to gather or either annoys, disturbs or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensibilities.. To cease climbing, sitting on, or moving lifeguard stands or towers. 0. To refrain from swimming in the Atlantic Ocean during unsafe conditions.. To refrain from swimming under or around the Pier, or jumping or diving off the Pier or any other public structure.. To cease intentionally feeding wild birds on the beach.. To refrain from building or maintaining any type of open fire on the beach, including any type of charcoal fire.. To refrain from using grills that are larger than feet by feet and said grill must be located at least 0 feet or more from other nearby beachgoers.. To cease use of volume drinking devices. For purposes of this section a volume drinking device means an object used, intended for use or designed for use in artificially increasing the speed from which, and/or amount of, alcohol is ingested into the human body by carrying the liquid from a higher location into the mouth by force of gravity or mechanical means, including but not limited to funnels, tubes and hoses.. The reasonable command protocol defined in Section -0 B., may also be used, when directed by a Beach Ranger, police officer or other enforcement official of the city with regard to the following violations already found in city code as follows; a. Sec. - of Chapter II City Code or Ordinances - Ocean Extreme conditions. b. Sec. -. of Chapter II City Code or Ordinances - Same Parking, fueling and towing. c. Sec. -. of Chapter II City Code or Ordinances - Vessels in ocean. d. Sec. -. of Chapter II City Code or Ordinances - Ocean surf fishing. e. Sec. -. of Chapter II City Code or Ordinances - Ocean surfboarding. f. Sec. -. of Chapter II City Code or Ordinances - Beach areas for boat launching. Page of

3 ORDINANCE NO g. Sec. - of Chapter II City Code or Ordinances - Glass containers prohibited on beach. h. Sec. - of Chapter II City Code or Ordinances - Operation of motor vehicles prohibited in certain beach areas. i. Sec. -. of Chapter II City Code or Ordinances - Removal of sand and gravel. j. Sec. - of Chapter II City Code or Ordinances - Obstruction of public dune crossovers prohibited. k. Sec. -0 of Chapter II City Code or Ordinances - Sea dune protection. l. Sec. - of Chapter II City Code or Ordinances - Inappropriate beach furniture prohibited. m. Sec. - of Chapter II City Code or Ordinances - Restrictions on camping. n. Sec. -0 of Chapter II City Code or Ordinances - Alcoholic beverages in public places. o. Sec. - of Chapter II City Code or Ordinances - Alcoholic beverages on the ocean beach. p. Sec. - of Chapter II City Code or Ordinances - Public urination/defecation prohibited; exceptions. q. Sec. - of Chapter II City Code or Ordinances - Same (Noises) Prohibited; enumeration and definitions. r. Sec. - of Chapter II City Code or Ordinances - Littering. s. Sec. - of Chapter II City Code or Ordinances Fireworks. t. Sec. - of Chapter II City Code or Ordinances - Certain sales and leases along Atlantic Ocean beach area prohibited; punishment for violations. D. Trespass warnings; authorization to issue trespass warning for public property.. City employees, beach rangers, police officers or other enforcement officials of the city, having control over a facility, building, or outdoor area, including municipal parks and beaches, are authorized to issue a trespass warning to any individual who violates any city ordinance, rule or regulation, or State law or reasonable command of a City employee, beach ranger, police officer or other enforcement official of the city, which violation was committed while on or within a City-owned facility, building, or outdoor area, including municipal parks and beaches, for the specific property where the violation occurred.. When no other City employee, beach ranger or other enforcement official having control over a facility, building, or outdoor area, including municipal parks and beaches, is present, a Police Officer is authorized to issue a trespass warning to any individual who violates any City ordinance or State law which was committed while on or within a City-owned facility, building, or outdoor area, including municipal parks and beaches, for the specific property where the violation occurred.. Trespass warnings may be issued for a period not to exceed two years.. A trespass warning may be issued verbally when the trespasser is fleeing or has fled the scene. All attempts will be made to enter such fleeing trespasser s name and/or description in a police log so as to notify appropriate City employees. Otherwise, a copy of the trespass warning shall be provided by mail or hand delivery to the individual and the to the City employee having control over the facility, building or outdoor area. Page of

4 ORDINANCE NO Any person found on or within any City-owned facility, building, or outdoor area, including municipal parks and beaches, in violation of a trespass warning may be arrested for trespassing.. The City official having control over a facility, building, or outdoor area, including municipal parks and beaches, may authorize an individual who has received a trespass warning to enter property or premises to exercise his or her First Amendment rights or to conduct necessary municipal business. Such authorization must be in writing, shall specify the duration of the authorization and any conditions thereof, and shall not be unreasonable denied. E. Exceptions to rules. Exceptions to any of the above rules and regulations may be allowed by way of a special permit grant by the City Commission. F. Enforcement and penalty.. The Cocoa Beach Police Department shall enforce violations of this section.. Depending on the severity of the violation, violations of this section may be prosecuted in the same manner as second-degree misdemeanors. Anyone convicted of violating this section shall be punished by a fine not to exceed $00.00 or by imprisonment in the county jail not to exceed 0 days or both such fine and imprisonment,. In lieu of making an arrest or issuing a notice to appear, a police officer, beach ranger or other enforcement official of the city may issue a class III citation pursuant to City Code Chapter, for failure to obey a reasonable command to cease or refrain from prohibited behavior enumerated in Section -0 Use of Municipal Beaches and Facilities. Each violation of any provision of this section shall constitute a separate offense.. Any person who willfully refuses to sign and accept a citation issued by a police officer, beach ranger or other enforcement official of the city, shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S..0 or.0. A written warning to this effect shall be provided at the time any citation is issued hereunder.. Any person responsible for a violation under this section upon receiving a Class III citation as provided by City Code, Chapter, may be asked to leave the beach.. Fines for Class III citations, failure to obey a reasonable command by a beach ranger, police officer or other enforcement official of the city shall be set by city resolution. SECTION : Severability. If any provision of this Ordinance or the application thereof to any circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of the Ordinance are declared severable. SECTION : Interpretation. In interpreting the body of Section of this Ordinance, the following rules of interpretation shall be utilized: () Terms underlined are additions to existing text. () Terms stricken through are deletions from existing text. SECTION : Conflicts. All ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION : Effective Date. This ordinance shall become in full force and effect upon adoption in accordance with the Charter of the City of Cocoa Beach, Florida. Page of

5 ORDINANCE NO. 0 0 Upon Motion by Commissioner Seconded by Commissioner this Ordinance was duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day of, 0. Ayes: Nays: Absent or Abstaining: Leon Skip Beeler, Mayor-Commissioner ATTEST: Loredana Kalaghchy, MMC City Clerk First Reading: Date Posted: Date Published: Page of

ORDINANCE NO NOW, THEREFORE, BE IT ENACTED BY THE CITY OF COCOA BEACH, FLORIDA, as follows:

ORDINANCE NO NOW, THEREFORE, BE IT ENACTED BY THE CITY OF COCOA BEACH, FLORIDA, as follows: 0 0 0 ORDINANCE NO. AN ORDINANCE OF THE CITY OF COCOA BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE CITY CHARTER; - SECTION.0 FILLING OF VACANCIES, AND PROVIDING FOR A REFERENDUM ON THE CHARTER AMENDMENT;