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HomeMy WebLinkAboutO-2026-024 Amending Ch. 6 Sec. 6-26 Pier Rules RegulationsORDINANCE NO. 2026-024 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 6, OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED “IN GENERAL” TO AMEND SECTION 6-26 ENTITLED “RESERVED” TO PROVIDE FOR PIER REGULATIONS INCLUDING PERMITTED AND PROHIBITED USE OF THE PIER; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach adopted Chapter 6, entitled “Beaches, Parks, Waterways, and Recreation;” and WHEREAS, the City created Article I, entitled “In General” provides regulations of City Parks, Waterways, Recreation Areas and Beach; and WHEREAS, the City, at Section 6-26, which was “Reserved” is being amended to provide rules and regulations relating to the use of the Dania Beach Pier”’; and WHEREAS, the amendments are in the best interest of the health, safety and welfare of the residents and visitors of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 6, entitled “Beaches, Parks, Waterways, Recreation and Waterways”, at Article I, entitled “In General” at Section 6-26 is amended as follows: CHAPTER 6 BEACHES, PARKS, WATERWAYS, RECREATION AND PARKING ARTICLE I. – IN GENERAL * * * Sec. 6-26 Dania Beach Pier Regulations. Reserved. (a) General Provisions. The Dania Beach Pier is managed by the Parks and Recreation Department and is a recreational facility of the City of Dania Beach. Any uses outside of that of a recreational capacity must be pre-approved by the Parks and Recreation Director or Designee. (b) Fees. Fees shall be imposed for the use of the fishing pier facility. No fee shall be made for activities conducted under the direct supervision of the Parks and Recreation Department. The 2 ORDINANCE #2026-024 fees for pier and fishing uses shall be as adopted by resolution by the City Commission, which resolution may be amended from time to time. (c) Prohibited acts at the pier. It shall be unlawful for any person to do any of the prohibited acts set out in this section 6-26 upon the Dania Beach Pier. (1) Any person violating the provisions of this section, any posted pier rule, or any lawful directive of City personnel, Beach Rangers, lifeguards, or law enforcement officers may be directed to cease the violation, leave the pier, or both. (2) Except as otherwise provided herein, violations may be addressed through progressive enforcement measures as follows: a. First violation: verbal warning and/or removal from the pier for the remainder of the day. b. Second violation within a twelve (12) month period: suspension of pier privileges for a period not to exceed thirty (30) days. c. Third violation within a twelve (12) month period: suspension of pier privileges for a period not to exceed one hundred eighty (180) days. (3) Notwithstanding subsection (2), the Director of Parks and Recreation or designee may immediately suspend pier privileges for a period not to exceed one (1) year when a person engages in conduct occurring at or related to the use of the pier that: a. Involves violence, threats of violence, fighting, harassment, or conduct creating a substantial risk of injury to any person; b. Results in damage to City property; c. Involves commercial fishing or other unauthorized commercial activity; d. Involves the possession, sale, distribution, or use of illegal drugs or controlled substances; e. Involves repeated refusal to comply with lawful directives of City personnel, Beach Rangers, lifeguards, or law enforcement officers; or f. Otherwise creates a significant threat to public health, safety, welfare, or the orderly operation of the pier. (4) Any suspension of pier privileges exceeding thirty (30) days shall be issued in writing and shall state the basis for the suspension, the duration of the suspension, and the procedure for appeal. 3 ORDINANCE #2026-024 (5) A person subject to a suspension exceeding thirty (30) days may appeal the suspension by submitting a written appeal to the City Manager within ten (10) business days after issuance of the suspension notice. The filing of an appeal shall not stay the suspension unless otherwise directed by the City Manager. (6) The City Manager shall issue a written decision affirming, modifying, or reversing the suspension within thirty (30) days after receipt of the appeal. The decision of the City Manager shall constitute final administrative action of the City. (7) Nothing contained herein shall limit the authority of law enforcement officers to enforce applicable laws, issue trespass warnings, make arrests, or take any other action authorized by law. (d) Visitor and Fishing Rules for the Pier – prohibited actions. The following acts, activities and or equipment are prohibited at the pier: (1) Commercial fishing, or the buying or selling of fish caught from the pier or in any park waters, is prohibited. A violation of this subsection may result in enforcement action, including suspension of pier privileges, in accordance with subsection (c). (2) Fishing in a manner that is careless so as to cause injury to any other person upon the pier or upon the beach. (3) Bringing or utilizing more than four poles onto the pier. Three poles may be used for fishing and the fourth pole may be used to catch bait. (4) Utilizing reels over 4/0, trolley rigs, treble hooks, handlines, yoyos, snatch hooks, fish traps, harpoons, spearguns, electrical fishing devices and/or kite fishing equipment. (5) The use of live fishing bait wells larger than 10 gallons in capacity. There is a limit of one (1) live fishing bait well, per party, and the well may not exceed 10 gallons. The well may not be substituted with a second or additional wells, per visit to the pier. (6) Utilizing cast nets, hoop nets or framed nets to catch bait. Nets may be used only to land fish. No net larger than 36 inches is authorized for use on the pier. (7) Purposely fishing for sharks. If a shark is accidentally hooked and caught the line must be cut, immediately, without landing the shark. The use of additional tools, including but not limited to, gaffs, additional fishing poles, ropes, throw/drop gaffs, to land a shark is specifically prohibited. (8) Balloon fishing is prohibited. Balloon fishing means the use of a balloon to serve as a large float, suspending either live or dead bait at the desired depth under the surface of water, within the water column, or off the bottom of the water area. 4 ORDINANCE #2026-024 (9) Use a cutting tool on any pier surface. A knife may be used on a cutting board or any private property of a resident or visitor to the pier. (10) Cleaning fish outside of the designated cleaning stations. (11) Littering or improperly disposing of fishing line and fish related items. (12) Disposable plastic containers and Styrofoam containers are prohibited from use on the pier. (13) Fishing from the pier in a manner that is contrary to the guidelines regarding fishing, landing of fish and other related requirements set forth by the City or under state law. (14) Engaging in aggressive, threatening, harassing, disorderly, or disruptive conduct is prohibited. Visitors engaging in such conduct may be directed to leave the premises. (15) Standing, sitting or climbing on the pier rails, supports, lights, structures or bait shop. (16) Jumping or diving from anywhere on the pier. (17) Sleeping, camping or overnight occupancy. (18) The possession, consumption, sale or distribution of illegal drugs or controlled substances. (19) The possession, consumption, sale or distribution of alcohol beverages. (20) Glass bottles / glass containers. (21) Smoking or vaping. (22) Pets or animals are prohibited at the pier with the exception of lawful service animals. (23) Running, cycling and the use of motorized and unmotorized equipment including but not limited to bicycles, e-bikes, scooters, skateboards, rollerblades, skates, hoverboards, segways and other recreational apparatuses. (24) Shade equipment and furniture including but not limited to tents, canopies, cabanas, shelters, shade structures, freestanding umbrellas, anchored umbrellas, camping equipment, large beach setups, tables, large furniture or oversized coolers. 5 ORDINANCE #2026-024 (25) Barbeque grills, grills, fryers, stoves, propane equipment, cooking devices and/or any open flames / fires. (26) Fireworks, explosives, fuel and/or flammable materials. (27) Littering and/or improperly disposing of debris of any kind. Waste and debris should be disposed of in the appropriate trash receptacles. (28) Amplified music or sounds that unreasonably disturbs other visitors or interferes with pier operations are prohibited. (29) The use of drones or any unauthorized aerial devices. (30) Unauthorized commercial activity, vending, soliciting and/or panhandling. (31) Unauthorized events, filming and/or performances. (32) Advertising in any form to include but not limited to the distribution and posting of signage, stickers, flyers or promotional items. (33) Vandalism in any form to include but not limited to damaging, defacing, attaching or affixing items to the pier railings or any pier structures. It shall be unlawful to injure or destroy any part or portion of the pier. (34) It shall be unlawful for any person to smoke, ingest or consume marijuana, medical marijuana, cannabis, or Low-THC cannabis as defined in chapter 19 of this Code or Florida Statutes (Cross reference with section 17-10 of the City Code). (35) It shall be unlawful for any person to enter, remain upon, congregate at, or otherwise use the pier during any temporary or emergency closure ordered by the City, Broward Sheriff's Office, Fire Rescue personnel, or other authorized governmental authority. (e) Rules for the Pier: Any person who has been directed to leave the pier by a law enforcement officer, lifeguard, the Director of Parks and Recreation, or other authorized City personnel due to a violation of this section, posted pier rules, unsafe conditions, emergency circumstances, or conduct interfering with the safe and orderly operation of the pier shall immediately leave the pier. Failure to comply with such directive shall constitute a violation of this section and may result in removal from the pier and enforcement action pursuant to subsection (c). A police officer or a lifeguard in his or her sole discretion is authorized to close the pier if there is an unsafe situation, or if the location is deemed unsafe for any reason. 6 ORDINANCE #2026-024 (1) Fishing equipment and items must be attended at all times. The City of Dania Beach is not responsible for any lost or stolen items. (2) As a condition of entry to and continued use of the pier, visitors shall, upon request, open coolers, bait containers, fish containers, and other containers used to store fish, bait, food, or beverages for visual inspection by Broward Sheriff's Office personnel, Beach Rangers, Parks and Recreation personnel, or City designees. Inspections shall be limited to determining compliance with this section and applicable Florida Fish and Wildlife Conservation Commission regulations. Refusal to permit inspection may result in denial of entry to, or removal from, the pier. (3) The Dania Beach Pier is open from 5:00am to 12:00am, Mondays through Sundays. The Pier is closed from 12:01am to 4:59am, Mondays through Sundays. Fishing from the pier or entry into the pier when the pier is closed is prohibited. (4) Payment of any required pier fees must be made at the pier bait shop prior to attempting to enter past the pier gates. The pier offers sightseeing and fishing options. When going fishing all fishing rules must be adhered to. A wristband will issue after payment of the entry fee to the pier. All pier visitors shall wear the valid wristband when accessing, visiting or fishing from the pier. Anyone without a wristband may be asked to leave. (5) No refunds shall issue due to inclement weather – whether for entry to the pier or for items sold from the bait shop. (6) Shoes must be worn at all times when at the pier. (7) Visitors must behave in a courteous and respectful manner when at the pier. (8) For the safety of our visitors, the pier may be temporarily evacuated during lightning activity, severe weather, high winds, or other hazardous conditions. All visitors must comply immediately with staff instructions and emergency procedures. (9) The Broward Sheriff’s Department, the Director of Parks and Recreation, Beach Rangers, Lifeguards or City Designee reserves the right to remove any item or prohibit any activity deemed unsafe, hazardous, disruptive, obstructive, or inconsistent with safe pier operations. (10) Small foldable and collapsible chairs are allowed. (11) Solely recreational fishing is authorized at the pier. 7 ORDINANCE #2026-024 Secs. 6-26 6-27—6-29. - Reserved * * * Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That if any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That it is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida and codified by Municode. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 5. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 6. That this ordinance shall take effect 10 days after passage on second reading. PASSED on first reading on August 25, 2026. PASSED AND ADOPTED on second reading on September 14, 2026. First Reading: Motion by: Commissioner Rimoli. Second by: Commissioner Lewellen. Second Reading: Motion by: Commissioner Rimoli. Second by: Commissioner Lewellen. SIGNATURES ON THE FOLLOWING PAGE 8 ORDINANCE #2026-024 FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ____________________________ _________________________________ ERIN MCCLENDON JOYCE L. DAVIS DEPUTY CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY