Customary Use Will Happen On Sowal Beaches

[Kaydence]

The BCC gutted the committee's recommendations. I do not believe any of them were accepted.

I was there yesterday and except for some trivial rewriting of verbiage for clarity....what was changed?

 

[FactorFiction]

The BCC gutted the committee's recommendations. I do not believe any of them were accepted.

The Commissioners mostly kept the ordinance as it was in October. They reduced umbrella size to 7 feet from 10, at the recommendation of Sidney Noyes, Assistant County Attorney, not the committee. I think they also allowed the committee recommendation prohibiting tobacco on private property. Your impression of "gutting" the committee's recommendations is generally correct. The BCC clearly felt that their original version was the right solution with minor changes.

 

[Dave Rauschkolb]

Walton Sun: Customary Use goes into effect April 1

The Customary Use Committee's recommendations went before the Walton County Board of County Commissioners at Tuesday's meeting in DeFuniak Springs.

Some of the committee's recommendations were accepted as presented, some were approved with modifications and some were not approved.


But in the end, the Customary Use Ordinance will go into effect Saturday, as planned.

The BCC heard from some members of the public that again asked commissioners to delay activating the ordinance, but the pleas were denied by the board.

"We had four long sessions and I didn't have to vote once," said Committee Chair Tom McGee. "All votes were by the committee itself. The issue of continuing this came up in committee and we discussed it. It was voted down 6-4. The committee did not want this continued."

Committee member Lisa Boushy told the board, "When we started we were very divided and I would not have bet a plug nickel that we would bring you a set of recommendations because we did have such diverse representation. I strongly recommend adopting as we agreed upon."

However, Assistant County Attorney Sidney Noyes suggested some changes to the recommendations, such as the size of beach umbrellas and banning use of alcohol and tobacco on the beach.

"Alcohol and tobacco are difficult to monitor," she said. "Alcohol is not a crime, but public intoxication is and the sheriff already enforces that. And tobacco is not a crime, but littering is, and that is enforceable."

Noyes recommended changing umbrella size from 10 to 7 feet, which the board agreed with.


All were in agreement that no tents would be permitted to be erected on private property dry sand by anyone but the property's owner.

"My recommendations are based on enforceability," said Noyes.

Director of Beach Operations Brian Kellenberger reiterated Noye's recommendations.

"I recommend picnicking not be stricken," he said. "We already have an ordinance that addresses animals, and fireworks are by permit."

Walton County Sheriff's Office Capt. Audie Rowell told the board that enforcement won't be a problem because if anyone refuses to accept or sign a citation, it is a misdemeanor.

"Code Enforcement is up to 11 (officers) now and working seven days a week," he said. "We will have good coverage."

When the vote was taken, it was unanimous.

The Customary Use ordinance goes into effect April 1.

 

[John G]

What do any of the "Committee" members have to say?

 

[Garner]

Does anyone have the newest version? I'm curious as to how it differs from the committee.

 

[Kaydence]

Does anyone have the newest version? I'm curious as to how it differs from the committee.

Defuniak Herald has it in the paper this week.

 

[miznotebook]

Attached is the ordinance with revisions approved by the county commission on March 28. The ordinance goes into effect on Saturday, April 1.

 

[FloridaBeachBum]

"Alcohol and tobacco are difficult to monitor," the Walton attorney said. "Alcohol is not a crime, but public intoxication is and the sheriff already enforces that. And tobacco is not a crime, but littering is, and that is enforceable."

I watched all 10-12 hours of the four Custom Committee meetings (I doubt Dave R did) and it was clear that the public committee members, BCC selected, included prohibitions, one was the use of alcohol and tobacco, to recognize private property rights that are NOT customary use. There are property owners that DO NOT drink alcohol and DO NOT smoke and would not permit uninvited persons to drink alcohol or smoke on their private property regardless if the person or persons were drunk, creating a nuisance, or littering, as is their right as property owners. Now they can not.

The Walton attorney, Walton TDC, and Walton BCC just poked a huge finger in private property owners' eye by disregarding the committee members recommendations to recognize some basic property owner’s rights - because the TDC Brian Kellenberger whines that it is too difficult to enforce!!??

Then stop this farce of common-law claim of custom on private property and save the Walton tax payers million$ of dollar$ that private property owners will probably win and Walton will probably loose.

Commissioner Comander Oct 25, 2016 comments on customary use ordinance “...if it took spending $40 MILLION to $50 MILLION in tax payer’s money - if we [commissioners] have to, then we have to!” Heck the whole 2017 budget is $130 MILLION I understand. https://walton.granicus.com/MediaPlayer.php?view_id=2&clip_id=369&starttime=3615&autostart=0&embed=1

Drinking alcohol in public is not a crime. Drinking alcohol on private property without the property owner's permission is NOT customary use but it is a violation of property owners constitutional rights and trespass. See you in court Walton tax payer$.

 

[FactorFiction]

No more beach vendors with exclusive rights from homeowners (below MHWL) to set up,and PAID $$$ kickbacks to homeowner for rights. Especially since no one OWNS below MHWL...let the fights begin..hope Beach Enforcement follows the law..

Not sure that your statement is correct. If the property owner chooses to allow vendors to set up on their property, they can still do that, I think.

 

[Easternlakefan]

I and my husband did our homework before purchasing any thing on 30-A. My DEED reads my property goes to the MHWL. So who's paying/reimbursing me for my property tax for "customary use" of my deeded private property? I don't think chairs umbrellas and tents will last the whole day without getting in some waves and water(below MHWL). Which means they'll be on my property to stay dry.