§ 7-66. Beach Amusements—Prohibited acts.

(a)

It shall be unlawful for any person to rent, lease or hire within the City, a Personal Watercraft for use on or in the waters of the Gulf of Mexico, or solicit the same within the City, unless:

(1)

Such watercraft is insured as required by this chapter and registered with the City in the name of the person of business offering the watercraft to the public and listing the applicable Beach Service, if different.

(2)

Each person and business renting such watercraft, and the applicable Beach Service if different, is insured, all as required in this chapter; and

(3)

There is provided for each rental location a water channel perpendicular to the shoreline, not less than ten (10) feet in width, and marked by at least (i) one yellow, orange or red buoy not less than seventy-five (75) inches in circumference and anchored nine hundred (900) feet from the shoreline, (ii) two (2) yellow, orange or red buoys not less than fifty (50) inches in circumference and anchored ten (10) feet apart and approximately three hundred (300) feet from the shoreline, and (iii) two yellow, orange or red buoys not less than thirty-six (36) inches in circumference and anchored ten (10) feet apart and approximately fifty (50) feet from the shoreline, and (iv) two orange or red cones or signs not less than twenty-eight (28) inches high erected at the waterline, and all rented watercraft are required to leave and return to the beach through such channel; and

(4)

There shall be posted, within fifty (50) feet landward of such channel a sign posting the established speed limit of Idle Speed for all rented watercraft within nine hundred (900) feet of shore.

(b)

It shall be unlawful for any person to conduct or assist in conducting, in whole or in part within the City (the City limits extending into the Gulf of Mexico three hundred (300) feet from the shoreline), a Parasail, Kite, Watersled or Hydro-Flyer Ride.

(c)

It shall be unlawful for any person within the City to solicit, sell, or arrange, or assist another in the solicitation, sale or arrangement of, a Parasail or Kite Ride on or above the waters of the Gulf of Mexico in exchange for a fee or value, unless:

(1)

The Tow Boat, Parasail or Kite Ride and the Shuttle Craft are insured and registered, and each person and business offering or assisting such ride is insured, all as required under this chapter; and

(2)

A current registration decal issued under this chapter is permanently affixed to the Tow Boat and the Shuttle Craft; and

(3)

The aerial ride originates in, is conducted and ends on the waters of the Gulf of Mexico, the parasail ("chute") or kite or other aerial device is never closer than three hundred (300) feet from the shoreline, and the Tow Boat operates at Idle Speed at all times that it is less than nine hundred (900) feet from the shoreline, except in an emergency; and

(4)

The aerial ride originates and is conducted at all times no closer than one (1) statute mile from any other operating Parasail or Kite Ride, except in an emergency; and

(5)

The person and business soliciting, selling or arranging the aerial ride shall take all immediate measures which a reasonable, experienced operator of a parasail ride would believe to be effective to prevent unsafe operation of the Shuttle Craft or parasail ride, including suspension of business at any time when the near shore waters are congested with swimmers, personal watercraft or other boats, or operation is complicated by adverse weather conditions, or both. Unsafe operation shall mean operation that under the circumstances creates any unusual or unnecessary risk of personal injury or property damage; and

(6)

Patrons are transported to the Tow Boat by Shuttle Craft so that neither the Tow Boat nor other larger or propeller driven watercraft is required to routinely enter the waters of the City, and such Shuttle Craft and Tow Boat are operated by a captain licensed as such by the United States Coast Guard whenever patrons are being transported; and

(7)

The Tow Boat is equipped with no more than six hundred (600) feet of tow line or cable connecting the parasail ("chute") or kite to the Tow Boat.

(d)

It shall be unlawful for any person within the City to solicit, sell, or arrange, or assist another in the solicitation, sale or arrangement of, a Watersled Ride on the waters of the Gulf of Mexico in exchange for a fee or value, unless:

(1)

The Tow Boat and the sled, float or other device used in such ride, and the Shuttle Craft, are insured and registered, and each person and business offering or assisting such ride is insured, all as required under this chapter; and

(2)

A current registration decal issued under this chapter is permanently affixed to the Tow Boat and the Shuttle Craft; and

(3)

The ride originates in, is conducted entirely over, and ends on the waters of the Gulf of Mexico more than nine hundred (900) feet from the shoreline, except in an emergency; and

(4)

The ride originates and is conducted at all times no closer than one-half (½) statute mile from any other operating Watersled Ride or Parasail or Kite Ride or Hydro-Flyer Ride, except in an emergency; and

(5)

The person and business soliciting, selling or arranging such ride shall take all immediate measures which a reasonable, experienced operator of a watersled ride would believe to be effective to prevent unsafe operation of the Shuttle Craft or watersled ride, including suspension of business at any time when the nearshore waters are congested with swimmers, personal watercraft, or other boats, or operation is complicated by adverse weather conditions, or both. Unsafe operation shall mean operation that under the circumstances creates any unusual or unnecessary risk of personal injury or property damage; and

(6)

Either (i) the occupied watersled is towed at Idle Speed from and to the shore by a Shuttle Craft, or (ii) patrons are transported to the Tow Boat by Shuttle Craft so that neither the Tow Boat nor other larger or propeller driven watercraft is required to routinely enter the waters of the City. In addition, such Shuttle Craft and Tow Boat shall be operated by a captain licensed as such by the United States Coast Guard whenever patrons are being transported or towed.

(e)

It shall be unlawful for any person within the City to solicit, sell, or arrange, or assist another in the solicitation, sale or arrangement of access to a Water Amusement Park on the waters of the Gulf of Mexico, or to operate a Water Amusement Park within the City limits, in exchange for a fee or value, unless:

(1)

Each patron is required to wear, and does wear, a personal flotation device approved by the Coast Guard for the purpose; and

(2)

Each amusement device and vessel used in the operation and maintenance of the Water Amusement Park, and each Shuttle Craft, if any, are insured and registered, and each person and business offering or assisting in the operation of the Park is insured, all as required under this chapter; and

(3)

A current registration decal issued under this chapter is permanently affixed to any Shuttle Craft; and

(4)

The person and business soliciting, selling or arranging such access, and responsible for operating a Park within the City limits, shall take all immediate measures which a reasonable, experienced operator of a Water Amusement Park would believe to be effective to prevent unsafe operation of any aspect of the Park or the Shuttle Craft, including suspension of business at any time when the Gulf waters are rough or congested with swimmers, personal watercraft, or other boats, or operation is complicated by adverse weather conditions, or both. Unsafe operation shall mean operation that under the circumstances creates any unusual or unnecessary risk of personal injury or property damage; and

(5)

Either patrons individually swim out to the Water Amusement Park or patrons are transported to the Park by Shuttle Craft so that no larger or propeller driven watercraft is required to routinely enter the waters of the City, and such Shuttle Craft is operated by a captain licensed as such by the United States Coast Guard whenever patrons are being transported; and

(6)

The Water Amusement Park contains five (5) or less inflated amusements; and

(7)

Each amusement is anchored not less than three hundred (300) feet from shore and in a depth not less than the minimum recommended by the manufacturer of that particular amusement.

(f)

It shall be unlawful for any person to within the City to solicit, sell, or arrange, or assist another in the solicitation, sale or arrangement of, a Hydro-Flyer Ride on the waters of the Gulf of Mexico in exchange for a fee or value, unless:

(1)

The Hydro-Flyer, the impeller driven craft providing the water flow (which may also be the Shuttle Craft) and the Shuttle Craft, if separate, are insured and registered, and each person and business offering or assisting such ride is insured, all as required under this chapter; and

(2)

A current registration decal issued under this chapter is permanently affixed to the impeller driven craft providing the water flow and, if separate, the Shuttle Craft; and

(3)

The ride originates in, is conducted and ends on the waters of the Gulf of Mexico never closer than three hundred (300) feet from the shoreline; and

(4)

The ride originates and is conducted at all times no closer than one hundred (100) yards from any other operating Beach Amusement device; and

(5)

The person and business soliciting, selling or arranging the ride shall take all immediate measures which a reasonable, experienced operator of a Hydro-Flyer Ride would believe to be effective to prevent unsafe operation of the Shuttle Craft, the pump, the foot-board or the back-pack, including suspension of business at any time when the near shore waters are congested with swimmers, personal watercraft or other boats, or operation is complicated by adverse weather conditions, or both. Unsafe operation shall mean operation that under the circumstances creates any unusual or unnecessary risk of personal injury or property damage; and

(6)

Patrons are transported to the ride by Shuttle Craft operated within a water channel established and marked the same as required for Personal Watercraft rentals, and such Shuttle Craft is operated by a captain licensed as such by the United States Coast Guard whenever patrons are being transported; and

(7)

During the ride, the person responsible for the Hydro-Flyer is seated on the Personal Watercraft which provided the lift and has the ability to decrease the flow as needed for safety.

(g)

No person shall operate any Personal Watercraft rented, leased or hired within the City, within nine hundred (900) feet of the edge of the waters of the Gulf of Mexico, unless operating within a channel properly marked pursuant to subsection (a)(3).

(h)

No person shall knowingly swim within any channel properly marked pursuant to subsection (a)(3).

(i)

A violation of any one or more of subsections (a) through (f) by any person other than a Beach Service shall be punishable as a Class 2 Infraction as provided in Section 7-502. A violation of any one or more of subsections (a) through (f) by a Beach Service shall be punishable as a Class 1 Infraction as provided in Section 7-501. A violation of subsections (g) or (h) shall be severally punishable as a Class 3 Infraction as provided in Section 7-503.

(Ord. No. 293, §§ 6, 7, 4-11-85; Ord. No. 409, § 1, 3-11-93; Ord. No. 425, § 2, 3-24-94; Ord. No. 439, § 1, 1-26-95; Ord. No. 568, § 1, 7-23-98; Ord. No. 639, § 7, 3-23-00; Ord. No. 1051, § 1, 11-9-06; Ord. No. 1215, § 1, 1-12-2012; Ord. No. 1301, § 1, 7-10-2014)