DESTIN DOGGED BY CONFLICTING CODE: Disconnect allows rule-breaking dog owners to roam the beach (with POLL)

As temperatures drop in Destin and warm-weather tourists leave the beaches to the locals and Snowbirds, some Crystal Beach residents say there’s a new four-legged nuisance marring the sand now.

“There are dogs on the beach everyday, especially when there are Snowbirds here,” said the resident, who asked to remain anonymous. “They don’t carry them on a leash or carry little dog poop bags. It’s just inconsiderate.”

Lieutenant Ted Pecot from the Okaloosa County Sheriff’s Office corroborated the Destinite’s story, saying that the complaints about dogs illegally roaming Destin beaches start pouring in this time every year. In 2009, the sheriff’s department received 99 such complaints.

“Every year more and more of them (Snowbirds) bring their dogs down, and I don’t know if they think they’re allowed to take them on the beach,” said Snowbird Club President Marge Marcella, who told The Log she would make an announcement at their next meeting and post something on the bulletin board informing Snowbirds of the rules. “I would think many of them probably aren’t aware.”

While Pecot sympathizes with the complainants, he said there isn’t much the sheriff’s office can do about the problem. There are a couple of documents governing the city of Destin, including the Land Development Code and the City Code of Ordinances. And according to Pecot, those documents send conflicting messages about exactly where dogs are allowed in Destin.

“If we see people with dogs on the beach, we warn them,” Pecot said. “But there’s no way for us to put any teeth in that warning without a change in the city code.”

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Pecot said the LDC prohibits dogs from entering any Destin beaches, unless it’s a service dog. The City Code of Ordinances only prohibits dogs from walking on the beach in public parks, according to Pecot. The penalty for illegally taking a dog on the beach is up to $500 or 60 days in jail.

When the staff attorney for the sheriff’s department discovered the discrepancy in the codes, deputies were advised to enforce only the code of ordinances and let the city code enforcement office enforce the LDC.

“It would be real difficult for the code enforcement board to try to enforce people keeping dogs off the beach,” said environmental code enforcement manager David Bazylak. “We don’t have citation authority for that.”

When he realized there was a disconnect between city code enforcement and the sheriff’s office, Pecot asked City Manager Greg Kisela to find a way to reconcile the issue. Kisela told The Log he didn’t completely understand the disconnect, but he would refer the problem to the land use attorney for reconciliation.

He said dogs are clearly not allowed on Destin beaches, and he would take the necessary steps to ensure that the sheriff’s office can enforce that code in the future, bringing the issue before the city council if that’s what it takes.

“The goal is that we get it straightened out, and the deputies on the beach will be able to start issuing those citations,” Pecot said.