Customary Use Will Happen On Sowal Beaches
- Thread starter Dave Rauschkolb
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"I do believe that a narrow use of the white sand has existed for many, many years and that use allows the public to walk, fish and sunbathe there as has been done for years."
Danny, "narrow" is a key word here. What if the "vast majority" of beachfront owners knew that folks occasionally fished or walked near the water line, maybe threw a towel down for a short time and relaxed, but did NOT use umbrellas, chairs, shade canopies of various types (umbrellas, tents, etc), coolers, boom boxes, and no end of other extended stay items on the beach? Does that mean that the owners should have known that multitudes would set up on the beach from sun up to sun down because of extensive advertising? Assuming what people did or did not know when they purchased property is presumptuous at best. There are parts of Walton County beaches that had almost no one on them other than the occasional walker or fisherman and there are other parts that were population and entertainment centers. Does that mean that these two disparate areas have the same "customary" use?
I understand what you are saying and think if the beach ordinance was written correctly many of our issues would go away. For the last 30 years Walton County beaches have been major tourists attractions and common sense would dictate that if I live in a tourist attraction or near one I have to accept the issues that such a venue brings. I get frustrated sometimes because Highway 83 is a motor speedway full of cars every weekend because of tourists going to the beach. But it is what it is. I think property owners should be able to keep the tents, boom boxes and alcohol off their property. On the other hand I think owning beachfront brings with it the public's right to walk, sunbathe and fish on the white sandy beach. This was not an issue when the numbers of people, both tourist and resident were smaller but as those numbers increase the aggravation level on both sides rises. We have to work together and be good neighbors on both sides. Because people coming to the beach is not going to change.
You miss the point that if we were all "good neighbors" and everyone of the "public" always did the right thing - there would be no need for private property anywhere. It's a utopian viewpoint that's being promoted just because it's the beach --- and of all groups of people we have applied it to it's the general population of tourists many who are out to party which includes playing music, drinking, playing games, and getting rowdy (none of this I see as wrong but certainly it can rise to a level that causes an intrusion to others who the county sold the space as private property). We aren't talking about the percentage of folks who walk over lay out a couple of towels and "sunbathe" --- it's the ones who come into someone else's space and disrupt the scene. If the ordinance was written with any recognition of this, it would have stated that causing a clear disturbance or complaint is grounds for being asked to leave private property and return to public beach space and the private property owner should have that right. Secondly, it would have prohibited the very common practice of squatting on private chairs - something that happens all the time and forces a confrontation. There would have also been a consideration for the % of space occupied by the public --- if beach vendors can claim 50% of public beach then why in the world would the public be able to claim 100% of private space?
And the whole fishing thing? I like to fish but it can get pretty invasive when you are in the water with the lines, bait and hooks right next to you. That's not a public or private issue - if a bunch of people are in the water in front of you - no fishing.
That said - I also agree with chapter 22. Several did take it too far. The ropes, chains and fences simply do not belong or the blight of no trespassing signs (they are out of character for the wide open space). I see nothing wrong however with very small notices of marker (one east, one west). Seaside's is a good example that the county should have followed as a standard for all property owners.
And I completely agree with you. The big problem is that the beach vendors are using the chairs as "members of the public" and usurping the "first come first serve" concept for public access to the beach this consuming space "in the name of a beach user". The issue is that a member of the public doesn't become a "beach user" until they step foot onto the public beach itself --- they do not become a beach user when they call into reserve a chair with a vendor. This must change. The vendor cannot be allowed to put a chair out until the beach user is present to occupy it and the vendor needs to follow the "first come first serve" rules at that time with the occupants at that time.
formosa64, we have problems and we refuse for some reason to address many of them. I agree that vendors should only put out rented chairs and that first come first serve should be the rule. Most fishermen won't be around people because the scare off the fish and defeat the purpose. Unruly people should be dealt with whether on public or private property. Thanks for the reasonable discussion of the issue.
The position is that a "rented" chair is one that someone has reserved and paid for --- not one that is occupied. So they put out the "rented" chairs every morning first thing and take up the space. Now the chairs may sit empty all day but they are "rented" --- that's the problem. The chair should not be placed on the sand until the person who rented it shows up for the day. Once they do then that's their spot for the day. "First come - first serve" - not "First reserve - first serve".
The devil is in the details and I stand corrected. I meant what you said Formosa64 but your language is much more precise and to the point.
As a consequence of the vendor setups in the name of a beach user, some of the public has also adopted the strategy of setting up, either for themselves or their renters, without actually being there to enjoy the beach.