County removing articles from beach?

Discussion in 'Local Government and Groups' started by Bluznbeach, May 25, 2009.

  1. Smiling JOe

    Smiling JOe SoWal Expert

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    From NYTimes.com:
    By ANEMONA HARTOCOLLIS
    Published: May 18, 2006
    Photo: Phyllis Caliano-Bahaj and her lawyer, Devon Reiff, under an umbrella like the one that went airborne at Robert Moses State Park in 1999. Ms. Caliano-Bahaj, who says she has nerve damage, was awarded $200,000. (Photo by Tina Fineberg/Associated Press)

    To anyone who has ever tried to hammer a beach umbrella into the sand and found it to be as hard as, well, building castles in the sand: Beware.
    A Lower East Side woman has won a $200,000 settlement from the State of New York, almost seven years after the wind blew a beach umbrella into her head at Robert Moses State Park.
    The woman, Phyllis Caliano-Bahaj, 53, said she was lounging on the beach on July 19, 1999, watching her son, Zachary, who was then 8, and three friends play in the sand when the weather turned stormy and gusty. A 6-foot, 15-pound striped umbrella that was either being used by a lifeguard or rented by a beach patron flew up and struck her in the forehead, ''like a torpedo,'' her lawyer said.
    The resulting gash needed 13 stitches, and she was left with permanent nerve damage to her neck and persistent pain that forced her to ''tone down'' her athletic pursuits, Ms. Caliano-Bahaj said yesterday.
    In a November 2003 decision, Judge S. Michael Nadel of the Court of Claims in Albany held the state fully responsible for the accident...
    ***************
    You can also search youtube.com for "umbrella attacks woman," or just click the link >>>YouTube - Woman Hit By Umbrella, Pensacola Blue Angels Show 2008<<< to see these on P'cola Beach.

    ***************

    Four weeks ago, I saw a big umbrella at Seaside go flying and tumbling down the beach at a rate of speed high enough to cause major damage and possibly death if it had hit one of the many people not running from its path. If the sharp wooden spike had hit someone, I would have hated to see what may have happened. Fortunately, no one was hurt. This wasn't the first umbrella I saw tumbling down the beach here in South Walton.
     
  2. Everytime

    Everytime Beach Fanatic

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    And this occurred in sunny daylight with lots of people on the beach: good in that there were some to chase the umbrellas down, bad in that some got hit and others were at risk. And I have seen one of those tailgating tents take flight as well, and I've seen beach gear land in Eastern Lake, etc. At night time, it wouldn't be as easy to spot the umbrela flying at you from a few parcels over.
     
  3. GoodWitch58

    GoodWitch58 Beach Fanatic

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    Maybe you should give it a try sometime--might find that sharing is a pleasant experience....:dunno:
     
  4. Everytime

    Everytime Beach Fanatic

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    I do leave a picnic table and chairs and a grill on my deck at night, and another dining set on the patio below. But I live 200 miles inland, and the only times I have to secure them is when a huricane makes its way up here or we have tornadoes or straightline winds, and I position everything up against the house. I live in a very hilly neighborhood with dense woods behind my fence line, and we do not experience the same type of open-air wind gusts up here that would be experienced in a coastal community; none of my furniture has ever moved in a storm (knock on wood).

    And I agree with you about those who traverse your property and discard trash. I even agree with the property ownership rights of beachfront property owners (probably up to the MHWL), but I think with the right comes a unique responsibility regarding leaving items on the beach. As I stated in one of my first posts in this thread, I think a stationary, competition type volleyball net up near the dune line should be regulated like dune walkovers.
     
  5. Smiling JOe

    Smiling JOe SoWal Expert

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    So you really don't want people's crap left on the beach overnight, interested girl?
     
  6. Interested Girl

    Interested Girl Beach Fanatic

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    Just a figure of speach - I have had it surveyed and have eastablished where the MHW mark is.
    Posted via Mobile Device
     
  7. wrobert

    wrobert Beach Fanatic

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    Sheesh! I did not realize what a danger these things were. I guess you guys are right. And that liability could occur anytime day or night.

    Well....the only logical thing to do......since the umbrella is the one doing all the damage. I guess it is time to see if we can get the BCC to just go ahead and BAN beach umbrellas. I see little difference between them and guns so I am sure that I can count on the support of most people on this board.
     
  8. Allifunn

    Allifunn FunnChef - AlisonCooks.com

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    Is this for real?? This is considered a horror story?? A real horror is how people are allowed to destroy our beaches by leaving things on the beach that end up in our ecosystem, destroy wild life, habitats, dunes and sometimes (in the case of early this morning)) a storm will blow through and any tents, chairs OR COOLERS could be blown into someone's residence and create damage. Another scenario of horror would be if someone were actually injured by a projectile chair or tent, as SJ posted. A rolex pretty much seems TRIVIAL left in a cooler compared to the REAL HORROR. If I had a rolex I certianly would not wear it on the beach :roll: Sand + $2000 watch = :blink: (just MHO)
     
    Last edited: Jun 5, 2009
  9. Andy A

    Andy A Beach Fanatic

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    Just bear in mind, more money than common sense. And they live among us and can VOTE!
     
  10. Smiling JOe

    Smiling JOe SoWal Expert

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    That is interesting because my understanding is that the MHWM is a 13 year moving average and therefore changes frequently.
     
  11. Interested Girl

    Interested Girl Beach Fanatic

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    Yes the line moves based on the 13 year average. I can tell you that it will have to move alot to keep your feet dry. My point is that I have had the survey done, and many have not.
     
  12. Rita

    Rita margarita brocolia

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    .
    Would be curious to know what kind of grade "your" beach is on? And how often you have had need to update your MHWM survey?
    How much change have you experienced in the MHWM in your immediate area?
    What kind of surveyor is qualified to do these kinds of surveys and what are their recommendations for when a resurvey may be needed?

    Sorry.:blush:.Lots of questions .....

    .
     
  13. GoodWitch58

    GoodWitch58 Beach Fanatic

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    :lolabove: So true, so true!
     
  14. SHELLY

    SHELLY SoWal Insider

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    ...so some Dilbert "hid" his Rolex in a cooler and left it on the beach overnight and it ended up in the landfill...:roll:

    Que the tiniest of violins!

    :violin:
    .
     
  15. DCFinSCB

    DCFinSCB Beach Fanatic

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  16. Everytime

    Everytime Beach Fanatic

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    I figured someone would eventually make that jump...

    My point is that unattended, non-stationary beach items pose a hazard to other people, nearby buildings, and to the Gulf and the lakes. Who do you think should be responsible if these unattended items go flying and injure a person, bust out someone's plate glass window, or end up in the Eastern Lake outflow where kids swim and fish and crabs dine and socialize?
     
  17. wrobert

    wrobert Beach Fanatic

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    Littering is littering. If they walk off and leave the stuff on a public beach and you are going to call it trash then take it, throw it away, and arrest the culprits.

    The point that seems to be missed, is that no one has declared all of the beaches public. Some of the property is private. The county needs to just go ahead and raise the millage rate up to the maximum and since an argument could be made that the beach is a great public purpose, take the land through the process, reduce the values and compensate the owners. Then the whole stretch is public and picking up the trash left is no longer a problem.

    But what the majority seems to want to do is take control of someone else's property. Now that may sound good, but so far it appears the lawyers are saying that it can not be done. That darn Constitution just keeps getting in the way. And while many may wish to shred that document, I believe that is why Jefferson was so strongly in favor of the 2nd amendment, as well as the other nine.

    As for who is responsible, since there is foreseeability and since the property owner would have a duty to maintain, if something happens like that because they did not go out and clean the stuff off themselves, then I would think that they would get to enjoy the liability.
     
  18. florida girl

    florida girl Beach Fanatic

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    My beef is the word, LANDFILL! In this day of going green and recycling, shame, shame! Taking this stuff to the landfill? Useable stuff should be taken to the Caring and Sharing, Haven House, Habitat for Humanity, or someother charity organization to be sold to raise money for these organizations. The rest of it should be sorted and deposited in the appropriate places! Failed the ECO-FRIENDLY award!
     
  19. SHELLY

    SHELLY SoWal Insider

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    I'll take the bold step of contributing to the ECO-FRIENDLY award by accepting all Rolex watches that would otherwise be sent to the landfill. :wave:

    .
     
  20. florida girl

    florida girl Beach Fanatic

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    :floor: I'll second that!
     

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