Canopy on the beach

[BeachSiO2]

You can just revise a code, just like that? Without a public hearing and a public process??

It was done at the County Commission back in 2003, I think. The purpose was due to the Western Walton county beach restoration project. In short, the area of the beach that was constructed seaward of the Erosion Control Line was going to be public land and there were two concerns from upland property owners in regards to commercial vending.

One, there were property owners that had never allowed commercial vending on the beach behind there house and didn't want new companies to come in without their permission. Two, there were resorts that had typically had vending as part of their rental packages and they wanted to be able to provide that service like they had in the past, and also they didn't want some random person coming over and setting up a vending business on the area seaward of their upland area. Please note this was not a decision on customary use or publics right to use the new beach restoration project, it was limited to commercial vending.

 

[JustaLocal]

I have just been informed that there may be additional wording added to the Code on the books, which reads:

(8) No vending on private property without written authorization from the
property owner. No vending on public beaches shall occur without written
authorization from the county and any private property owner whose southern property line is contiguous to the proposed vending location.

I have not seen it in writing on any official County documents, but know that it may have been recently changed. I would think that obtaining a vending permit would be written authorization, so I'm not sure why Code Enforcement is drawing such a line in the sand.

I have searched the Walton County Ordinances via the Clerk of Courts site, and do not see this update. I have also searched the muni-code and do not see the additional language there.

I sure hope that is incorrect. $200 for a vending permit and then you have to ask permission from private property owners adjacent to the park your customers choose to use? I think that's unreasonable.

 

[Savethebeach]

Can I get a permit to drive and park on the beach during the day? Are there boundaries as to where I can drive?

 

[BeachSiO2]

I sure hope that is incorrect. $200 for a vending permit and then you have to ask permission from private property owners adjacent to the park your customers choose to use? I think that's unreasonable.

It's not incorrect. The reason it was set-up that way is in a post I wrote a minute ago. Adjacent property owners do not give permission it is the upland property owner and the County. In other words, you can't run a private, for-profit business on an area of beach in front of someone who owns the upland area adjacent to said beach. For example, the Sandestin resort is not legally able to run a vending service in front of Tops'l resort.

 

[JustaLocal]

It's not incorrect. The reason it was set-up that way is in a post I wrote a minute ago. Adjacent property owners do not give permission it is the upland property owner and the County. In other words, you can't run a private, for-profit business on an area of beach in front of someone who owns the upland area adjacent to said beach. For example, the Sandestin resort is not legally able to run a vending service in front of Tops'l resort.

So if we were talking about Ed Walline Park, the vender only needs County permission?

 

[Smiling JOe]

More info:

Regarding this almost-hidden link from the Walton County Planning Dept's Site (BTW, this is the only place I've seen it mentioned that vendors need additional permission (isn't that a form of the word, "permit?") to vend on public beach, and it makes no mention of having to drop off the chairs and umbrellas at a place other than the beach):


ARTICLE IV. REGULATION OF RECREATIONAL BEACH AND WATER ACTIVIT... Sec. 22-60. Beach vendors.
(a) Policy. The county finds that the use and enjoyment of the beach by the public is enhanced by the provision of certain goods and services so long as individual peace and quiet is not unreasonably disturbed; that a comprehensive and effective program of beach management for the enjoyment of the beach by the public requires flexibility in the number, location, and type of beach vendors; and that as the trustee of the public interest in the beach, the county has the power to regulate the provision of goods and
services by private vendors making use of the public interest on the beach.
****************

Note that this language doesn't make it illegal for vendors to operate on public beach. The County just wants to be able to regulate them.

Also note the header at the beginning:
"*Editor's note: Ord. No. 2003-07, ?? 1--14, adopted April 8, 2003, did not specifically amend the Code. Hence, inclusion herein as art. IV, ?? 22-51--22-64 was at the discretion of the editor."
*****************

That is likely why it doesn't show up in the actual Code.

 

[BeachSiO2]

So if we were talking about Ed Walline Park, the vender only needs County permission?

Before this past year, the answer to this would be yes. However, someone mentioned in an earlier post (or other thread) that there would be no vending at County accesses. I do not have any information on this recent change.

 

[BeachSiO2]

More info:

Regarding this almost-hidden link from the Walton County Planning Dept's Site (BTW, this is the only place I've seen it mentioned that vendors need additional permission (isn't that a form of the word, "permit?") to vend on public beach, and it makes no mention of having to drop off the chairs and umbrellas at a place other than the beach):


ARTICLE IV. REGULATION OF RECREATIONAL BEACH AND WATER ACTIVIT... Sec. 22-60. Beach vendors.
(a) Policy. The county finds that the use and enjoyment of the beach by the public is enhanced by the provision of certain goods and services so long as individual peace and quiet is not unreasonably disturbed; that a comprehensive and effective program of beach management for the enjoyment of the beach by the public requires flexibility in the number, location, and type of beach vendors; and that as the trustee of the public interest in the beach, the county has the power to regulate the provision of goods and
services by private vendors making use of the public interest on the beach.
****************

Note that this language doesn't make it illegal for vendors to operate on public beach. The County just wants to be able to regulate them.

Also note the header at the beginning:
"*Editor's note: Ord. No. 2003-07, ?? 1--14, adopted April 8, 2003, did not specifically amend the Code. Hence, inclusion herein as art. IV, ?? 22-51--22-64 was at the discretion of the editor."
*****************

That is likely why it doesn't show up in the actual Code.

I fixed my earlier post, I think it was changed in 2003-07. My how time flies...

 

[Smiling JOe]

I fixed my earlier post, I think it was changed in 2003-07. My how time flies...

2003-07 is the Ordinance number. It was adopted in April 2003, and I see no updates, amending the Ordinance.

 

[2bohemians]

I sure hope that is incorrect. $200 for a vending permit and then you have to ask permission from private property owners adjacent to the park your customers choose to use? I think that's unreasonable.

(1) Beach chair and umbrella vendors up to 200 chairs and 100 umbrellas for
initial location--$500.00.
a. $50.00 for each additional 200 chairs and 100 umbrellas;
b. $50.00 for each additional location; and
c. A $250.00 credit for vendors with an employee on-site during the
season and during normal business hours who is lifeguard certified by a
recognized organization.
(2) Water based activities--$500.00.
(3) Personal watercraft operations--$500.00 for water based activities plus
$50.00 per vehicle.
(4) Parasail operations--$500.00 for water based activities plus an additional
$1,000.00 per location.