Laserfiche WebLink
<br />1. Red Flag means that conditions exist which are favorable to the development of <br />dangerous rip currents, undertow of surf conditions which could be hazardous and <br />pose a danger to the life of anyone entering the ocean which such conditions exits. <br /> <br />j. Yellow Flag means that the surf and/or currents are moderate. <br /> <br />Section 4. Prohibition on Swimming and Fishing. Upon declaration of a governmental <br />agency that dangerous water conditions exist in the Sunny Isles Beach area, the City Manager or <br />designee is authorized to prohibit swimming and fishing until such time that it has been <br />determined that the dangerous water conditions have abated. During such periods, in which <br />swimming is prohibited, the red flags will be raised to indicate that swimming is prohibited at the <br />beach. Notwithstanding the forgoing, the City Manager or designee is authorized to prohibit <br />swimming and fishing in the Atlantic Ocean if it is determined by the police department or life <br />guards that dangerous water conditions exist. The prohibition shall remain until the dangerous <br />conditions are abated. No surfing or water skiing shall be permitted if dangerous water <br />conditions exist. Except in designated areas, no person shall fish in the Atlantic Ocean by use of <br />hook and line, seine, trap, spear gig or other device. <br /> <br />Section 5. Enforcement and Penalties. The City Code Enforcement Department shall be <br />responsible for enforcing this Ordinance. The City may impose a civil penalty of $250.00 for <br />each violation. In addition, a violator may be subject to arrest by the police department for <br />failing to obey the red flag warning system if dangerous water conditions exist and lawful order <br />to evacuate the waters has been issued. <br /> <br />Section 6. Posting by Local Hotels. The owner or operator of a hotel within the City shall <br />post and prominently display the beach advisory warning flags and the prohibitions set forth in <br />Sections 4 and 5 above, and it shall be a violation of this section for the owner or operator to fail <br />or refuse to post the beach advisory warning flags and the prohibitions stated herein within each <br />rental unit or in a visible area in the lobby of the hotel. <br /> <br />Section 7. Severability. The provisions of this Ordinance are declared to be severable and if <br />any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be <br />invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, <br />sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the <br />legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. <br /> <br />Section 8 . Inclusion in the Code. It is the intention of the Commission, and it is hereby <br />ordained, that the provisions of this ordinance shall become an appendix to the City of Sunny <br />Isles Beach Code; that the sections of this ordinance may be renumbered or relettered to <br />accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other <br />appropriate word, as required. <br /> <br />Section 9. Repealer. Any and all ordinances, resolutions and parts of ordinances or <br />resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or <br />in conflict herewith. <br /> <br />Ordinance Prohibiting Swimming And Fishing <br /> <br />Page3of4 <br />