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City weighs beach vendor crackdown
Are umbrellas and deck chairs walling off the waterfront in Destin?
One of the hopes for Destin’s beach restoration last year was that with wider beaches, it would be easier for the public to share the sand with private property owners.
It didn’t work.
Monday, Crystal Beach residents Pat Reiner, G. Bernard and Nancy O’Hare said beachgoers in their homeowners association had been told by beach vendors that if they left the Shirah Street public beach access, they’d be trespassing on private property.
City rules say the public is free to walk up to 20 feet north of the waterline, even on private property, but the trio said that vendors placed chairs well south of the 20-foot line to block pedestrians, and put chairs so close together, it was hard for the public to even reach the wet sand.
City Manager Greg Kisela said the city has received multiple complaints about this, and the Code Enforcement Department is working with the Okaloosa County Sheriff’s Office to put a stop to it: “We have very direct and firm conversations with beach vendors on what they can and can’t do.”
Beachgoers have complained to The Log and the city in the past about vendors blocking public access or ordering people off the sand.
In 2005, the council passed an ordinance which requires beach vendors on all Destin beaches to obtain a city permit; keep their operation upland from the 20-foot line; and not “block or impede in any manner” pedestrian access below the line.
“The umbrellas have never been further back than 15 feet,” one of the trio said Monday. Another speaker said several tourists have told her they’re going to Sandestin next year rather than deal with the problem again.
Councilor Tom Weidenhamer said he’d seen the same thing happen at Dunes of Destin where “they’re running Do Not Cross tape between the (no trespass) signs… Come on, we’ve certainly got to have some type of code enforcement that would actually put some teeth in this.”
Kisela said that vendors who violate city rules can lose their operating permit. He said the city and the sheriff’s office have been waiting for more than a year for the Florida Supreme Court to hand down a ruling in a beach property-rights case that might clarify some of the issues, but in the meantime, city policy would be enforced.
“I know it’s frustrating,” Kisela told the three speakers. “As soon as we turn our backs, the umbrellas and chairs start heading your way.”
Councilor Sam Seevers said the worst problems were on the weekend, when vendors moved the chairs closer to the water’s edge to shut out weekend visitors.
Kisela said Code Enforcement Officer David Bazylak already works weekends, mostly at Destin harbor, and could be directed to spend more of his time on the beaches.
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| This will never work because the private property owners do not want to share THEIR sand. That's why they BOUGHT and are HIGHLY TAXED for EXPENSIVE, PRIVATE BEACHFRONT PROPERTY in the first place. If they wanted to use a public beach they would have BOUGHT and been TAXED MUCH LESS for CHEAPER PROPERTY off of the beach. |
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| Getting What You Paid For - Jul 24, 2008 01:33:03 AM | Remove Comment |
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| City Rules versus Constitutional Rights, this is not brain surgery. |
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| property owner - Jul 23, 2008 11:54:03 PM | Remove Comment |
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| Private property rights and police protection are absent in Destin. The mayor, city manager and council are all a part of the demise of constitutional rights on the premise that there is no private property in beach. They didn't get the easements they needed for beach restoration and did it anyways executing police power. I can't wait for the Supreme Court to shut them down and watch the real property owners line up to sue. |
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| Rabid Naysayer - Jul 23, 2008 01:03:49 PM | Remove Comment |
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| Lots of complaints regarding this subject at my condo. |
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| Stephanie - Jul 23, 2008 02:09:26 AM | Remove Comment |
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| Any vendor or beachfront property owner willing to challenge this goofy ordinance in federal court will likely win. The City of Destin contracts with the Okaloosa County Sheriff for law enforcement services, but has asked him not to enforce trespass laws on the front 20 feet from the wet sand. Yes, it's the City who told the Sheriff to ignore the law. Similarly, the City's vendor licensing ordinance requires beachfront set-up vendors to "agree" to give up the front 20 feet in order to get a permit, even if the property owner who hires them owns the beach frontage. Those kinds of things are called an unconstitutional denial of equal protection of the law. Of course, it's unlikely any vendor will risk his livelihood by suing the City, but maybe beachfront owners will. Certainly the frustration of public beach advocates is understandable, but the fault lies with the politicians who created this mess, not with the owners who bought into the dream of private ownership. If the City fathers wanted to keep the beaches public, they should not have sold them off. Now that they have, they can't take them back for free. The City and the County could have created more public beaches years ago, but they shouldn't do it now by grabbing what private citizens paid for and now own. |
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| Constitutional Cal - Jul 22, 2008 11:47:53 PM | Remove Comment |








