§ 7-65. Beach Amusements—Lifeguard permit required.

(a)

Except as provided in subsection (b), no person, business or Beach Service shall provide or offer a Beach Amusement to the public at any location on the sandy beaches of the Gulf of Mexico unless such person, or another person providing or offering the same or another Beach Amusement at the same time and place, shall at a minimum hold a valid and current Pool Service Lifeguard Permit.

(b)

This section shall not apply whenever such Beach Amusement (i) consists of either four (4) or less Personal Watercrafts or a single parasail, kite or similar ride, and (ii) is provided at the same time and place as a lawfully operating Beach Service.

(c)

The legislative intent of this section is to require a minimum of training to improve the ability of persons engaged in beach commerce to protect themselves, the City finding that such commerce is frequently performed by young persons working on the water, in the water or at the water's edge, who are frequently willing to assist others in need. Compliance with this section shall not be construed to designate the person holding a Lifeguard Permit as a Lifeguard or as an Exclusive Lifeguard, or impose upon such person the duties of a Lifeguard or Exclusive Lifeguard.

(d)

In the event of a conflict between this Section 7-65 and Section 7-34, or any similar law replacing or superseding Section 7-34, this Section shall prevail.

(e)

Violation of this section by any person other than a Beach Service or Owner-Operator shall be punishable as a Class 2 Infraction pursuant to Section 7-502. Violation of this section by a Beach Service or Owner-Operator shall be punishable as a Class 1 Infraction pursuant to Section 7-501.

(Ord. No. 293, § 3, 4-11-85; Ord. No. 409, § 1, 3-11-93; Ord. No. 568, § 1, 7-23-98; Ord. No. 639, § 6, 3-23-00; Ord. No. 1132, § 4, 9-25-08; Ord. No. 1301, § 1, 7-10-2014)