Driving Ordinance Amenndment

This Ordinance will be presented to the County Commissioners on December 14 for their consideration. The Meeting will be held at the South Walton Annex at 4Pm. I suggest if you have any thoughts on this matter and will not be able to attend the meeting that you contact the Commissioners with your concerns. Their information is located on the right side of the blog.

Changes are in blue.  Deletions are in strike through.

ORDINANCE   2010-_______

AN ORDINANCE AMENDING WALTON COUNTY ORDINANCE 2010-01, SECTION 22-57 OF THE WALTON COUNTY CODE OF ORDINANCES, TO ELIMINATE THE REQUIREMENT TO HAVE A HABITABLE STRUCTURE; TO REDUCE THE NUMBER OF CHARTER PERMITS; TO PROVIDE FOR A CAP ON THE NUMBER OF DRIVING PERMITS; TO PROVIDE FOR AN EXEMPTION FOR DISABLED PERSONS; TO PROVIDE FOR SEVERABILITY AND AN EFFECTIVE DATE

WHEREAS, the Walton County Board of County Commissioners issues permits for authorized vehicles to operate on limited access areas of Walton County Beaches;

WHEREAS, the Walton County Board of County Commissioners desires to limit the number of permits issued each year for vehicles to operate on designated limited access areas on the beach and for the use of other authorized vehicles;

WHEREAS, the Walton County Board of County Commissioners finds that the health, safety, and welfare of citizens, and visitors to, Walton County would be best protected by the regulation of vehicles on the limited access areas of the beach;

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WALTON COUNTY, FLORIDA, AS FOLLOWS:

Section 1. Authority, purpose and intent.
This ordinance is adopted pursuant to Section 125.01 Florida Statutes.

Section 2. Section 22-57 of the Walton County Code is amended to read:

Section 22-57. Permitted vehicles on the beach.

(a) It shall be unlawful for any person to drive, or cause to be driven, an unauthorized vehicle on the beach of Walton County unless permitted as provided herein.

(b) Before any vehicle shall be allowed in the designated limited access areas on the public beaches of Walton County, a permit must be obtained for the vehicle in the form of a decal, and permanently affixed in the back window of said vehicle, or the rear of the motor vehicle. The Walton County Tax Collector shall accept applications for permits between June 1 and August 1 May 1 and June 30 of each year. On July 1, an additional 150 permits may be issued, on a yearly basis, by the Walton County Tax Collector in the order in which applications are received. Such applications must meet the criteria set forth in this ordinance except the requirement of having had a permit for the year preceding the date of application.

(c) The permits shall be issued each year based on the requirements of this Code, including, but not limited to, the criteria set forth below.

(i) Walton County Real Property Owners, Residents.

Walton County real property owners, who are residents of Walton County, and immediate family members residing with the property owners in Walton County may obtain a permit for the use of a properly registered and authorized vehicle along the designated limited access areas on the beaches of Walton County, if the following criteria are met, in addition to any other requirements contained in this Code:

a. The person applying for the permit must have had a permit as of the effective date of this ordinance and for the year preceding the date of application. Each parcel of property shall only be entitled to one vehicle permit and one boat trailer permit each year.

b. The real property shall have constructed on it a habitable residence.

c. The ad-valorem taxes for the real property shall not be delinquent.

d. The vehicle being registered must be titled in the name of the permit holder.

e. Proof of real property ownership (such as a deed or tax receipt) and proof of residency (such as voter’s registration card, homestead exemption card, or driver’s license) must be presented to the Tax Collector at the time of application to document the requirements of this section. For property titled in the name of a business or owned by multiple owners, the person applying for the permit shall show proof that they own a controlling interest in the property or that they are otherwise entitled to obtain a permit for the property. “Controlling interest in the property or that they are otherwise entitled” means that the person applying for the permits owns more than 50% ownership interest in the property or has a resolution signed by the other owners of the property grants the person applying for the permit the authority to apply for the permit.

(ii) Walton County Real Property Owners, Non-Residents.

Walton County real property owners may obtain a permit for the use of a properly registered and authorized vehicle along the designated limited access areas on the beaches of Walton County, if the following criteria are met, in addition to any other requirements contained in this Code:

a. The person applying for the permit must have had a permit as of the effective date of this ordinance and for the year preceding the date of application. Each parcel of property shall only be entitled to one vehicle permit and one trailer permit each year.

b. The real property shall have constructed on it a habitable residence.

c. The ad-valorem taxes for the real property shall not be delinquent.

d. The vehicle being registered must be titled in the name of the permit holder.

e. Proof of real property ownership (such as a deed or tax receipt) must be presented to the Tax Collector at the time of application to document the requirements of this section. For property titled in the name of a business or owned by multiple owners, the person applying for the permit shall show proof that they own a controlling interest in the property or that they are otherwise entitled to obtain a permit for the property. “Controlling interest in the property or that they are otherwise entitled” means that the person applying for the permits owns more than 50% ownership interest in the property or has a resolution signed by the other owners of the property grants the person applying for the permit the authority to apply for the permit.

(iii) Walton County Charter Fishing Operations; 20 15 Permits Total.

Under this section (c) (iii), there shall be a limit of 20 15 permits total to be issued which shall be issued to the first 20 15 applicants to file completed applications. Walton County residents that are also licensed charter boat captains and operate charter fishing businesses in Walton County (“Charter Operator”) may obtain a permit for the use of a properly registered and authorized vehicle along the designated limited access areas of the beaches of Walton County, if the following criteria are met, in addition to any other requirements contained in this Code:

a. The vehicle and boat trailer being registered shall be owned by the Charter Operator and used for the charter operation.

b. Proof of residency (such as voter’s registration card, homestead exemption card, or driver’s license) must be presented to the Tax Collector at the time of application.

c. Proof of a current Coast Guard Captain’s license.

d. Proof of a current Florida charter fishing license.

A copy of the beach access permit and the application showing the name of the individual to whom it was issued must remain in the vehicle while being operated on the beach. Additionally, at all times while a properly permitted vehicle and boat trailer are on the designated limited access area, the properly permitted vehicle and properly permitted boat trailer shall remain connected to the properly permitted vehicle.

(d) The Walton County Tax Collector will issue the permits annually upon receipt of a completed application. The Walton County Tax Collector shall retain $10.00 ( ten dollars) as a processing fee. On or about October 1 of each year the Walton County Tax Collector shall submit to the Walton County Board of County Commissioners a written report of the number of permits that have been issued during the current year.

(e) Only four-wheel drive vehicles that have a current motor vehicle registration to be driven on the highways shall be permitted.

(f) The designated limited access area permit described in subsection (c) above, shall cost the sum of $125.00 per vehicle. One decal (vehicle permit) shall be issued for each vehicle authorized to use the limited access area. Permanently disabled persons landowners, who meet the requirements of subsection (c) above, upon proof of disability (Florida Handicap Parking Placard, SSI Disability letter, etc.), will be eligible to receive a temporary permit from the Code Enforcement Department at no cost.

(g) In addition to the designated limited access area permit described in subsection (c) above, individuals launching boats shall be required to have a corresponding trailer decal for an additional $30.00. The decal shall be placed on the tongue of the trailer.

(h) The speed limit of authorized vehicles along the designated limited access on the public beaches of Walton County shall be five miles per hour.

(i) Any reckless driving along the designated limited access of the public beaches shall constitute a violation of this article.

(j) Conviction for violation of this article shall result in automatic revocation of the vehicle permit.

(k) All permits issued shall be for a period of one year and will expire June 30th of each year.

(l) Permitted vehicles are not allowed on the beach other than in the designated limited access areas.

(m) All access areas shall be appropriately marked and designated as such.

(n) Driving is prohibited from 10:00 p.m. until sunrise, with the exception of vehicles launching or recovering boats. All vehicles launching boats must be parked in designated parking areas.

(o) All-terrain vehicles are not permitted on the public beach. All-terrain vehicles used by sheriff department officers, South Walton Fire Department, and county employees for official business may be driven on the beach. Beach vendor permits issued by Walton County may include all-terrain vehicles that are restricted to setting up and breaking down vending sites only. Private security all-terrain vehicles may obtain a beach vendor permit, for a reduced fee of $100, which will allow them to access the beach within the limits specified in the permit.

Section 3. Severability

In the event that any portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance.

Section 4. Effective Date

This Ordinance shall become effective when filed with the Secretary of State.

Adopted by the Board of County Commissioners of Walton County, Florida, at a duly advertised public hearing, this day of ____________, 2010.

BOARD OF COUNTY COMMISSIONERS

WALTON COUNTY, FLORIDA

Attest:_______________________________ BY:________________________________

Martha Ingle Scott Brannon, Chair
Clerk of Court

Ann's Personal Opinion: http://annsgraytonopinion.blogspot.com/