The following words, terms, and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcoholic beverages shall mean and include any beer, wine, fortified wine, liquor, or alcoholic beverage as defined in F.S. § 561.01(4).

Amplified sound shall mean any sound projected or transmitted by artificial means including, but not limited to, loud speakers, amplifiers, beat box, compact disc or digital media device, turn tables, powered megaphones, or similar devices.

Animal shall mean an animal organism other than a human being such as mammal, reptile, amphibian, bird, or invertebrate.

Applicant shall mean an individual, entity, or organization who applies for a permit.

City shall mean the City of Hallandale Beach, Florida, a municipal corporation existing under the laws of the State of Florida.

City manager shall mean the person appointed by the city commission to be the administrative head of the city.

City park shall mean any property owned by the city and/or any other property operated, leased, maintained, or otherwise administered by the city as a public park or space including but not limited to parks, public beaches, recreation facilities, and special use facilities.

Commercial activity shall mean the sale, service, or solicitation of any item for a fee or donation, tangible or intangible, including but not limited to food or beverages; the charging of admission; the charging of fees for any service, entertainment, or amusement.

Department shall mean the parks and recreation department of the city.

Designated area shall mean that geographical area within a city park which has been established by the department for a specific activity or activities.

Designee shall mean the person appointed by the director to perform duties as assigned.

Director shall mean the person appointed by the city manager to control and manage all city parks and programs therein.

Dune shall mean a mound or ridge of loose sediments, usually sand-sized, lying landward of the beach and deposited by any natural or artificial mechanism.

Entertainment equipment shall mean, but is not limited to moon walks, rock climbing walls, dunking booths, ball crawls, kiddy trains, and inflatables, as well as rental equipment such as stage, risers, tables and chairs, booths, etc.

Firearm shall mean any weapon (including a starter gun) which is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun or air gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.

Fireworks shall mean and include any combustible or explosive composition or substance or combination of substances or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. In an emergency, the discharge of distress signals is permitted.

Law enforcement officer shall mean any certified law enforcement officer of any rank who is a duly sworn officer of the Hallandale Beach Police Department, Broward County Sheriff's Office, Florida Highway Patrol, or an officer of any other State of Florida or federal law enforcement agency.

Material misrepresentation shall mean the falsification of information provided in an application or request to obtain the use of a city park.

Motor shall mean an engine or generator that runs on a gas fuel.

Operating hours shall mean that time period during which city parks are open to the general public.

Organized athletics shall mean any pre-arranged sport and/or athletic related game, contest, practice, clinic, competition, warm up, training, playoff, event, or activity.

Organized competitive event shall mean any planned race, walk, derby, athletic contest, or event, whether human powered or otherwise, that involves a contest of skill(s) and/or strength and takes place upon city parks or any part thereof.

Park personnel shall mean the director, assistant director, coordinators, supervisors, and any and all individuals employed by the department.

Performance shall mean the action of any person representing a character in a play; a public presentation, recital, act, play, concert, show, exhibition, or dance.

Person shall mean an individual, group, and/or organization.

Recreation facility shall mean an area for recreational purposes on any property owned, leased, operated, or maintained by the city.

Recreational activity shall mean a specified form of leisure pursuit, including, but not limited to, athletics, swimming and aquatics, or arts and theater, which:

(1)

Is not in violation of any local, state, or federal law;

(2)

Is safe and is an appropriate use of a recreational facility;

(3)

Benefits the goodwill of the community; and

(4)

Does not injure or impair the natural beauty or usefulness of department managed lands.

Service animal shall mean any animal defined as a "service animal" by Department of Justice Regulations at 28 C.F.R. § 35.104 (2013), or any successor or amended regulation. F.S. § 413.08(d).

Slip shall mean any slip, berth, or anchorage at the city marina.

Special event shall mean a planned event, whether publicly and/or privately sponsored, including, without limitation, an organized competitive event, festival, social gathering, privately promoted athletic event or concert which is open to the public and for admission to which a fee is charged, outdoor religious event, outdoor community event, other similar uses of a temporary nature as determined by the city manager on one or more city parks that involves the reservation and use of a public venue, or closure of one or more rights-of-way, for a particular purpose, for a short duration of time and which involves the use of city services, either paid by the event promoter, or through co-sponsorship as per City Code section 32-701, as amended.

Trespass shall mean entering into or onto, or remaining in or on a city park beyond operational hours or where entry is prohibited by posting or some other communication. In addition, trespass occurs when a person willfully enters or remains in or on any city park after being asked by park personnel or law enforcement officer to leave or depart.

Vehicle shall mean any wheeled conveyance for the transportation of persons or materials whether:

(1)

Powered or drawn by a motor such as an automobile, truck, motorcycle, scooter, mini bike, or recreational vehicle;

(2)

Animal-drawn such as a carriage, wagon, or cart.

The term does not include any park and recreation transportation service operated or authorized by the department.

Watercraft shall mean a vehicle, vessel, or craft designed to move across (or through) water.

Waterway shall mean a river, canal, pond, lake, or other route for travel by water.

Weapon shall mean any dirk, metallic knuckles, slingshot, billie, chemical weapon or device, spear, harpoon, BB gun, air rifle, air gun, bow and arrow, paintball gun, or other deadly weapon except a firearm or a common pocketknife.

Wheeled devices shall mean bicycle, tricycle, skates, in-line skates, or skateboard (except a baby carriage/stroller or wheelchair, mobility aides, or other power driven mobility devices).

(Ord. No. 2015-08, § 1, 9-2-2015; Ord. No. 2024-031, § 2, 11-20-2024)

Editor's note— Ord. No. 2015-08, § 1, adopted Sept. 2, 2015, included definitions without a section number. For purposes of classification, and at the editor's discretion, said definitions have been included herein as § 16-1.

(a)

The city parks are held by the city for the use, convenience and enjoyment of the residents and visitors of the city during operating hours. None of the city parks or portions thereof shall be used exclusively by any person, to the exclusion of the general public, except with the written approval of the department.

(b)

It shall be unlawful for the parent, legal guardian, or other person having the care and custody of a child ten years of age or younger to knowingly permit the child at any time to loiter, idle, wander, stroll, play, or be in or on the city parks unless the child is accompanied by his parent, legal guardian, or other person 15 years of age or over having the care and custody of the child.

(c)

The director shall establish rules and regulations as well as policies and procedures that govern the use of city parks.

(Ord. No. 2015-08, § 1, 9-2-2015)

Editor's note— To facilitate inclusion of the definitions set out in Ord. No. 2015-08, § 1, adopted Sept. 2, 2015, as § 16-1, and at the editor's discretion, § 16-1 of said ordinance has been renumbered herein as § 16-1.1.

The city commission shall establish, by resolution, a schedule of charges and fees for the use of city parks, including but not limited to, equipment, personal property, facilities, personnel charges, programs, services, and deposits.

(Ord. No. 2015-08, § 1, 9-2-2015)

The director or designee shall establish programming at each city park which is consistent with the amenities located in each facility and shall recommend the fee schedule for said activity to the city manager for approval by the city commission.

(Ord. No. 2015-08, § 1, 9-2-2015)

(a)

Buildings and other property. No person shall:

(1)

Disfigure and remove. Willfully mark, deface, disfigure, tamper with, or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

(2)

Remove natural resources. Excavate or remove any natural resource including but not limited to sand, shells, soil, rocks, stones, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means.

(3)

Erect structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or locate any public service utility into, upon or across such lands, except on special written permit issued hereunder.

(4)

Post on. Post or affix to any tree, shrub, plant, fence, building, structure, monument, wall, table, apparatus, bridge, post, bench, gate, or any other physical object any sign, poster, or other printed or written matter without prior written authorization from the director. All signs must conform to the requirements of division 20 of the City of Hallandale Beach Code.

(b)

Trees, shrubbery, lawns. No person shall:

(1)

Injure and remove. Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant. Nor shall they dig in, walk upon, or otherwise disturb grass areas, beach dunes, or planted areas which have been posted as such or in any other way injure or impair the natural beauty or usefulness of any area.

(2)

Climb trees, etc. Climb any tree or walk, stand or sit upon monuments, vases, fountains, railings, fences, or upon any other property not designated or customarily used for such purposes.

(3)

Attach to. Attach, tie, or hitch any rope, wire, other contrivance, or animal to any tree or plant.

(c)

Animals. No person shall:

(1)

Possess in city park. Bring into any city park any wild or livestock animals, including but not limited to cats, horses, cattle, mules, swine, sheep, goats, fowl, or reptiles, without prior written approval from the department, except when in conjunction with projects sponsored by city departments. Any animal brought into any city park shall have a current health certificate and exhibit no signs of disease.

(2)

Endanger. Feed, hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, or throw missiles at, any wild animal nor shall they collect, remove, have in their possession, give away, sell or offer to sell, buy or offer to buy, or accept as a gift any wild animal; nor shall they disturb, remove or have in their possession the young, eggs, or nest of any wild animal.

(3)

Abandon. Place, dump, abandon, or leave any animal, either wild or domestic, on the grounds of any city park.

(4)

Feed. Feed, give, offer, or attempt to give any animal any tobacco, alcoholic beverages or other known noxious substance.

(5)

Domestic animals. Bring into any city park any domestic animal including but not limited to dogs, cats, and/or reptiles, except service animals, without prior written approval from the department, except dogs which are permitted within designated outdoor off-leash areas. All dogs, enroute to a designated off-leash area, must be restrained by the handler and the handler must be in direct control at all times at a distance not greater than six feet in length from the animal, unless in the designated off-leash area. All animals shall wear up-to-date tags indicating that the animal's rabies vaccinations are current.

(6)

Removal of waste. Fail to immediately remove the excrement, of any animal in their control or custody, from any city park.

(7)

Dangerous dogs. All dangerous dogs, as defined in City Code section 6-1, or any amended or successor Code provision, are prohibited in all city parks.

(Ord. No. 2015-08, § 1, 9-2-2015)

No person shall:

(1)

Pollute waters. Throw, discharge, or otherwise place or cause to be placed in the waters or any fountain, pond, lake, stream, bay or other body of water in or adjacent to any city park, or any tributary, stream, storm sewer, or drain flowing into such water, any substance, matter of thing, liquid or solid, organic or inorganic, which will or may result in the pollution of such waters.

(2)

Litter. Throw or cause to be thrown, place, cast, deposit, dump, or drop any bottles, broken glass, boxes, cans, ashes, refuse, offal, fruit, vegetables, garbage, tobacco products, containers or foil, dross, cinders, shells, straw, shavings, paper, scraps, dirt or like matter, filth, waste, refuse, trash, litter, or rubbish of any kind in any city park, except to place the same in cans or receptacles provided for such matter. Where receptacles are not provided, the same shall be carried away from the city park by the person responsible for its presence and properly disposed of elsewhere. Refuse and trash receptacles shall only be used by those persons using the city park for park or recreational activities.

(Ord. No. 2015-08, § 1, 9-2-2015)

All persons in or traveling on the roadways in any city parks shall follow all applicable local and state vehicle laws and traffic regulations. All applicable vehicle laws and traffic regulations are enforceable within city parks. The following additional regulations shall also apply. No person shall:

(1)

Fail to obey traffic officers. Fail to obey all traffic officers, law enforcement officers, and park personnel, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the city parks and on the highways, streets or roads immediately adjacent thereto.

(2)

Obey traffic signs. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking, and all other posted for proper control and to safeguard life and property.

(3)

Speed limits. Operate a vehicle at a rate of speed exceeding 15 miles per hour in any parking area of any city park unless the city has designated a different speed of travel.

(4)

Vehicle operation restricted. The operation of any vehicle is restricted to the established roads, parking areas, or designated areas.

(5)

Parking. No person shall:

a.

Designated areas. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions and with the instructions of any attendant who may be present.

b.

Night parking. Leave a vehicle standing or parked during non-operating hours in any city park parking area, unless specifically designated for night time parking.

(Ord. No. 2015-08, § 1, 9-2-2015)

(a)

Bathing and swimming. No person shall:

(1)

Designated areas. Swim, bathe, stand, wash, or wade in any waters or waterways adjacent to any city park, except in such waters and at such places as are provided therefor, and in compliance with such regulations as are set forth in this article or may be hereafter adopted nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, when such activity is prohibited by the director or designee upon a finding that such use of the water would be dangerous or otherwise inadvisable.

(2)

Hours. Frequent any waters or places designated for the purpose of swimming or bathing, or congregate there, except between such hours of the day as shall be designated by the director for such purposes for each individual area.

(3)

Structure on beach. Erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind unless there shall be an unobstructed view into such tent, shelter or structure from at least two sides, nor shall any guide wire, rope or extension or exterior brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object outside thereof. Such permitted structures shall be designed for temporary use only, such as umbrellas, canopies or other shade devices and may not violate the requirements set forth in chapter 32, article IV, division 20 (temporary use permit).

(4)

Bathhouse. Dress or undress on any beach, pool deck, or in any vehicle, or other place, except in such areas such as restrooms as may be provided for that purpose.

(b)

Watercraft. No person shall:

(1)

Designated areas. Bring into or operate any watercraft upon any waters, except at places designated for boating by the director. Such activity shall be in accordance with applicable regulations as are now or may be hereafter adopted.

(c)

Facility use. Recreation facilities may be reserved in advance by completing an application and paying the required fees as established by the city commission. It is unlawful for any person to make a material misrepresentation with the intent to obtain a facility rental. Any applicant who has made a material misrepresentation will be subject to denial of the facility rental or revocation of authorization for the rental and may be prohibited from obtaining facility rentals for a period of not less than one year. Each material misrepresentation shall constitute a separate offense.

(1)

A facility rental permit is required when one or more of the following conditions apply:

a.

The applicant desires exclusive use of an indoor or outdoor recreation facility.

b.

The proposed activity will be open to the public and/or a gathering involving organized athletics.

c.

The proposed activity includes commercial activity.

d.

The applicant desires to post signs in conjunction with an activity or gathering in a recreational facility.

e.

The proposed activity includes the use of any entertainment equipment and/or amplified sound.

f.

The applicant desires to provide for the sale, distribution, or sampling of materials, merchandise, food, and/or beverages to the general public.

g.

The applicant desires to conduct a performance of any kind.

(2)

Except when reserved in advance, the use of outdoor recreation facilities generally follows the rule of "first come, first served."

(3)

In the use of city parks, no person shall:

a.

Engage in, participate in, or aid any of the activities listed above in section 16-7(c)(1) in a city park unless a facility rental permit has been obtained from the city.

b.

Engage in, participate in, or aid any special event in a city park unless a temporary use permit as set forth in chapter 32, article IV, division 20 (temporary use permit) has been obtained from the city.

c.

Picnic in a place other than those designated for that purpose. Park personnel shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.

d.

Violate the regulation that use of the outdoor facilities follow generally the rule of the "first come, first served," unless previously reserved.

e.

Use any portion of the city parks to the exclusion of other persons unless a permit has been obtained from the department, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded.

f.

Leave a use area within a city park before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles, where provided. If no trash receptacles are available, then refuse and trash shall be carried away from the area to be properly disposed of elsewhere.

g.

Cause amplified sound in any city park unless such activity is conducted as an incidental activity to a public meeting or assembly for which a facility rental is approved and provided such amplified sound is contained within the rental area and does not violate the noise regulations [sections 19-18—19-21] of the City of Hallandale Beach Code of Ordinances.

(Ord. No. 2015-08, § 1, 9-2-2015)

To ensure the enjoyment and safety of all users, the following activities are prohibited in city parks:

(1)

Set up tents, shacks or any other temporary shelter for the purpose of overnight camping, nor shall any person sleep in a city park, nor shall any person leave on premises after closing hours any movable structure or special vehicle to be used or that could be for such purpose, such as house trailer, camp trailer, camp vehicle, or such.

(2)

Take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes except in areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball and soccer is prohibited except on the fields and courts or areas provided therefore.

(3)

Conduct any games of chance such as raffles, bingo games, dice, or card games for money; or hold drawings for prizes; or participate in any other forms of gambling, with the exception of those penny-ante games of chance specifically enumerated in F.S. § 849.085 under the conditions specified.

(4)

Conduct any commercial activity without the prior written approval from the city.

(5)

Bring a weapon or firearm into a city park in violation of F.S. § 790.01.

(6)

Engage in any activity that is or may be dangerous to the health, safety or welfare of themselves or others.

(7)

Engage in any activity that interferes with the use and enjoyment by others.

(8)

Use, distribute, or possess with the intent to use or distribute any illegal substance.

(9)

Engage in any violent activity.

(10)

Possess any glass bottles in any city park.

(11)

Possess or operate a motor in any city park without prior written approval from the city.

(12)

Sell any merchandise, food, or drink without a permit authorizing the sale of the items issued by the city or an agreement entered into by the city.

(13)

Sell, consume, or possess alcoholic beverages except as provided in this article or in City Code chapter 5, alcoholic beverages, section 5-8, drinking on public property.

a.

During a special event where the city has given written permission for the sale, consumption, and/or possession of alcoholic beverages, provided that:

1.

The applicant has received a permit from the city or, if the city is the applicant;

2.

That adequate safeguards will be taken to ensure that no breach of the peace or littering will be permitted to occur as a result of the sale, consumption and possession of alcoholic beverages;

3.

That such use abides by all local and state laws regarding the sale, consumption, and/or possession of alcoholic beverages.

b.

The sale of alcoholic beverages may be permitted to private entrepreneurs who develop and/or operate facilities upon premises leased from the city for food service as the city deems appropriate.

(14)

Bring or have in his/her possession, or set off or otherwise cause to explode or discharge or burn, any fireworks or explosives of inflammable material, or discharge them or throw them into any such area from land or highway adjacent thereto. This prohibition includes any other substance or compound [that] would be dangerous from any of the foregoing standpoints. Special permits may be issued by the city manager for firework displays, subject to approval from the fire rescue department of the city.

(15)

Build or attempt to build a fire except in city provided containers such as barbeque grills and other cooking devices in areas and under such regulations as may be designated by the director. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable materials, within any city park or on any highway, road or street abutting or contiguous thereto.

(16)

Enter an area posted as "closed to the public," nor shall any person use, or abet the use of, any area in violation of posted notices.

(17)

Sleep on the seats or benches or other areas.

(18)

Engage in loud, boisterous, threatening, abusive or insulting language, or engage in any disorderly conduct or behavior.

(19)

Fail to produce and exhibit any permit, upon request of any authorized person who shall desire to inspect the permit for the purpose of enforcing compliance with any ordinance or rule.

(20)

Disturb or interfere unreasonably with any person or party occupying any area, or participating in any activity, under the authority of a permit.

(21)

Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, nor shall any person erect or cause to be erected any sign whatever, on any city park or highways or roads adjacent to a city park except by written permission of the director.

(22)

Make, continue, or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others in compliance with the city noise ordinance [sections 19-18—19-21].

(23)

Trespass on any city park.

(24)

Smoke or vape.

a.

It is unlawful for any person to vape or to smoke any tobacco product, except unfiltered cigars, within any city park and recreational areas or beaches.

b.

Vaping is defined as the use of vapor-generating electronic devices for breathing in or inhaling tobacco products.

(Ord. No. 2015-08, § 1, 9-2-2015; Ord. No. 2016-19, § 1, 10-19-2016; Ord. No. 2022-033, § 1, 12-14-2022)

All city parks shall be closed from sunset to sunrise, daily except lighted courts, softball diamonds and other facilities wherein scheduled or programmed nighttime activities are conducted and area is posted as such.

(Ord. No. 2015-08, § 1, 9-2-2015)

All persons leasing slips at the city marina shall comply with the terms of the lease agreement and the rules and regulations adopted by the city.

(Ord. No. 2015-08, § 1, 9-2-2015)

(a)

Generally. It shall be unlawful for any person to do any act forbidden or fail to perform any act required by this chapter, or for any person to fail to comply with any lawful and reasonable order given by law enforcement officers or authorized park personnel.

(b)

Ejectment. The director, park personnel or any law enforcement officer of the city shall have the authority to eject from a city park any person acting in violation of this chapter.

(Ord. No. 2015-08, § 1, 9-2-2015)

Any person violating any of the provisions of this chapter shall be subject to the violation and penalty provisions of section 1-8 of this Code.

(Ord. No. 2015-08, § 1, 9-2-2015)

The purpose and intent of this article is to establish reasonable regulations that will protect the public investment in the beaches, protect public and private infrastructure, and minimize expenditures of public funds due to adverse impacts associated with natural disasters and public conduct. These regulations are intended to encourage growth and vitality of public beaches, preserve wildlife, and prevent harm or degradation of dunes.

(Ord. No. 2024-031, § 3, 11-20-2024)

The following words, terms, and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

Beach equipment, used interchangeably with beach chairs, shall include chairs, umbrellas, tables and storage containers used on the beach.

Beachfront chair service means providing beach equipment to beach patrons. The category is limited to operations storing equipment on the beach or attempting to set up furniture on the beach prior to a request from a beach patron (pre-setting).

Concessionaire means any upland property (should the property be directly providing the service), or upland property's third-party operator, authorized to operate a beachfront chair service.

Courtesy chair service means a beachfront chair service operation providing beach furniture as part of a yearly fee or complimentary service to an upland property's residents or guests. A service charging a per-use fee is excluded from the definition of a courtesy chair service and is not permissible pursuant to a courtesy chair service permit.

Emergency response path shall mean the beach area located eastward of the upland property line and designated for the purpose of providing access for emergency response personnel and enforcement.

Public beach shall mean land that is seaward of the erosion control line, inclusive of all easements and rights-of-way within the area utilized for public beach purposes.

Storing shall mean the stacking of chairs or equipment upon the beach during the day or overnight.

Upland property shall mean the lot of land adjacent to, and immediately westward of, the public beach.

Upland property owner or owner shall mean the authorized representative of the legal owner(s) of the upland property. An association or other entity may be authorized to act as representative for all owners of an upland property, but must certify that it has obtained the legal authorization to act on behalf of and bind all owners of the upland property. An application will only be accepted from a single owner/representative authorized to act on behalf of all owners of the upland property.

(Ord. No. 2024-031, § 3, 11-20-2024)

The city shall have the right to regulate the use of all public beaches within the city limits and the conduct of all persons using same, consistent with applicable federal and state regulations. All ordinances of the city regulating the conduct of persons on land shall apply to persons in the water, insofar as same are properly applicable.

(Ord. No. 2024-031, § 3, 11-20-2024)

(a)

Prohibited acts.

(1)

It shall be unlawful for any person to surfboard, sandsurf, spear fish, scuba dive, except within a designated area; to build fires, allow animals to come upon the beach, drink alcoholic beverages on the beach, or throw bottles or other litter upon the public beaches.

(2)

It shall be unlawful for any person to disregard "no swimming" instructions when posted by the city lifeguard.

(3)

It shall be unlawful for any person to disregard the reasonable directions of a city lifeguard engaged in enforcing any of the beach regulations.

(4)

It shall be unlawful for any person to camp or sleep overnight on the public beaches.

(5)

Vehicular traffic is prohibited on the public beaches.

(6)

Fishing at the public beaches within the restricted swim areas is prohibited between the hours of 8:00 a.m. to 6:00 p.m.

(7)

Swimming at the public beaches is prohibited between the hours of sundown and sunrise.

(8)

No person owning or having charge, care, custody or control of any animal shall cause, permit or allow the animal into or upon any beach in the city; however, this provision shall not apply to guide dogs as specified in state law.

(9)

No person shall engage in commercial activities on the public beach. This includes the pre-setting of beach equipment on the beach for the use of another, except as permitted by this chapter.

(10)

It shall be unlawful for any person to leave items or equipment on the beach overnight, except as authorized, in writing, by the city. Any such items or equipment will be deemed abandoned and may be discarded as junk or abandoned property.

(b)

Posting regulations. Regulative signs shall be posted at appropriate intervals on the beach area.

(c)

City parks rules apply. Except as otherwise provided, all rules and regulations applicable to city parks are applicable to public beaches.

(d)

Closing in an emergency.

(1)

The city manager and chief of police, or their designee, are granted the authority to declare an emergency situation and close public beaches in the interest of public safety due to emergencies such as severe storms, hurricanes, high water, etc., or civil disasters.

(2)

If an unlawful, riotous or tumultuous assembly exists, or such assembly as is likely to result in a breach of the peace, or in such instances where the chief of police or his command duty officer shall have reasonable cause to believe that such assembly will occur, the chief of police or any police operations officer shall have the authority to declare the public beach and immediately adjacent public rights-of-way closed and shall thereafter order all persons to immediately disperse and leave the area; and the area shall remain closed until the chief of police shall determine that the danger no longer exists.

(Ord. No. 2024-031, § 3, 11-20-2024)

(a)

Purpose. The purpose of this section is to reduce the impacts of artificial coastal lighting on threatened and endangered sea turtles that nest on the beaches of Hallandale by restricting artificial lighting and other activities that disorient turtle hatchlings, causing them to crawl toward land rather than the ocean.

(b)

Prohibited activities. The following activities involving direct illumination of portions of the beach are prohibited on the beach at nighttime during the nesting season for the protection of nesting marine turtle females, nests, and hatchlings:

(1)

The operation of all motorized vehicles, except emergency and law enforcement, or emergency beach maintenance vehicles or those permitted on the beach for marine turtle conservation and/or research.

(2)

The building of campfires or bonfires.

(3)

Fireworks displays, except those that have pre-approved city event permits and, if applicable, a permit from the Florida Department of Environmental Protection (DEP).

(Ord. No. 2024-031, § 3, 11-20-2024)

Beach equipment shall not be placed in a manner that will inhibit access to the public beach pedestrians and emergency vehicles, nor impact native vegetation, nor affect sea turtles or other wildlife. No beach equipment may be staged or stored within 12 feet of a lifeguard tower. All persons must comply immediately with any request from a code enforcement officer, police officer, or lifeguard to relocate any equipment that obstructs the view of the lifeguards from the tower. If beach equipment is provided pursuant to a permit, it must be placed in accordance with the permit at all times.

(Ord. No. 2024-031, § 3, 11-20-2024)

No person or entity shall operate a beachfront chair service operation except as follows:

(1)

An upland property may operate or contract for the operation of a courtesy chair service upon obtaining a permit from city; or

(2)

Pursuant to a contract with the city.

(Ord. No. 2024-031, § 3, 11-20-2024)

(a)

All courtesy chair service operations require a valid courtesy chair permit. Any courtesy chair service permit granted shall not be construed to vest any additional rights upon the upland property nor the concessionaire that do not otherwise exist, except for the privilege of temporary use of the beachfront in accordance with the conditions and requirements set forth in the permit and all other applicable city, county, state, and federal laws. Owners and concessionaires are hereby notified that all beaches within the city are public and, as such, chair services must not restrict, or appear to restrict, access or in any way limit the public nature or ambiance of the beachfront.

(b)

The city manager shall establish an administrative policy for the issuance and administration of courtesy chair service permits to regulate the placement of beach equipment on the public beach and related activities in a manner that protects public use, ensures public safety, and protects the natural resources.

(1)

A courtesy chair service permit shall be issued by the city in accordance with the administrative policy issued by the city manager, but in no case shall be issued if the city determines that granting such permit:

a.

Unduly impedes governmental business or public access;

b.

Imperils public safety; or

c.

Violates any public or local policy, state or federal law.

(2)

Beachfront concessionaries shall obtain any applicable local business tax receipt, certificate of use, and other required licenses or permits from the county, the state, and federal agencies, prior to the issuance of the permit.

(3)

Fees for the issuance of the permit are hereby established and shall be set by resolution or as approved by the commission in the fee booklet.

(4)

Permits shall be issued for annual term for a set fee, with permits running from January 1 to December 31. Applications to renew permits must be submitted on an annual basis by December 1 in order to remain in compliance with this Code.

(5)

All courtesy chair service permits are granted on a revocable basis. The city may, through the city manager, and for its convenience and without cause, terminate any authorization, permit or agreement at any time, by giving the concessionaire and upland property owner 30 days' written notice of such termination.

(c)

Enforcement; penalties for offenses.

(1)

The following monetary penalties shall be imposed for a failure to comply with the provisions of the permit:

a.

First offense carries a monetary penalty of $250.00.

b.

Second offense for the same violation within a 12-month period carries a monetary penalty of $500.00.

c.

Third offense for the same violation within a 12-month period will result in termination of permit. No refunds shall be issued for any remaining portion of a permit's term upon its termination.

(2)

Such penalties are in addition to and separate from any violations issued by the city for noncompliance with other sections of this Code.

(3)

If the city finds a violation of this section, the city may issue a notice of violation to the violator. The notice of violation shall inform the violator of the nature of the violation, amount of penalty for which the violator is liable, and instructions and due date for correcting the violation and paying the penalty.

(4)

Concessionaires are under contract with and the control of the upland property owner. It is the responsibility of the upland property owner to ensure compliance with the permit and this Code. It is the responsibility of the concessionaire to advise the upland property owner of any notices of violation issued by the city. If a concessionaire, or any of its employees or independent contractors, is the named violator, and after issuance of the notice of violation, the concessionaire fails to correct the violation and/or pay the penalty by the stated due date, the permit may be revoked by the city manager in accordance with the following:

a.

A concessionaire, or any of its employees or independent contractors, is the named violator in any notice of violation; and

b.

The concessionaire, after issuance of the notice of violation, fails to pay the fine by the stated due date; or

c.

The concessionaire, after issuance of the notice of violation, fails to correct the violation by the stated due date; or

d.

The concessionaire has received a total of three notices of violation, regardless of reason, during the previous 12-month period.

(5)

A notice of suspension, termination or revocation will be sent to the upland property owner and will state the reason(s) for the suspension or revocation.

(6)

The suspension or revocation shall be effective ten days after the city sends written notice thereof; provided, however, the city manager or designee may order the suspension or revocation to be effective at any earlier time, including the time at which the notice of violation is issued, if the city manager or designee, in his/her sole discretion, makes a determination that the continued operation of the courtesy chair service permit is a danger to public health, welfare or safety.

(d)

Appeal. The denial, termination, or revocation of a permit may be appealed to the city commission by submitting a written request for appeal to the office of the city manager within 30 days of the date of the written notice provided by the city. Any request for appeal shall be considered by the city commission at the next regularly scheduled meeting occurring no sooner than 14 days from receipt of the request. Except for terminations pursuant to subsection (b)(5) above, if the notice provided by the city requires suspension of the services by a date sooner than the date of the commission meeting at which the appeal will be heard, the concessionaire must suspend services from that date until the item is considered by the commission. For terminations pursuant to subsection (b)(5), the concessionaire may continue to provide services until the appeal is considered by the city commission.

(Ord. No. 2024-031, § 3, 11-20-2024)