The Town of Belleair Shore holds a distinctive position along Florida’s Gulf Coast. Unlike other beach communities, residents have property deeds that extend beyond their seawalls into the sandy beach area. Consequently, Belleair Shore is excluded from publicly funded beach renourishment projects intended to restore coastal areas. Public funds are strictly allocated for improvements on public property, thus cannot be utilized for private property enhancements.
The following is a summary of ordinances related to Belleair Shore adjoining private beach property. These regulations aim to protect natural resources, safeguard the rights of property owners, and promote safe use of the beach.
The relevant ordinances address various topics, such as prohibited restrictions and guidelines for public access. Being aware of these rules helps ensure compliance, protect property owner rights, and contribute to the preservation of the coastal environment.
The deeded rights of property owners extend to encompass both the erosion control line and the mean high-water mark.
1. Sec. 30-55. – Trespassing – NO TRESPASSING ON PRIVATE PROPERTY: Kindly respect the privacy of homeowners along the beach. No trespassing. This includes seawalls which are deeded to homeowners.
- No person using a beach access lot as established in shall trespass upon adjacent private property or walk upon or otherwise occupy the seawalls of adjacent private property. (Ord. No. 1984-1, § 10-06, 6-12-1984
2. Sec. 30-53. – Prohibited activities.
It shall be prohibited, and no person shall:
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- Conduct himself in a rough, boisterous or offensive manner upon the town beach areas and access areas.
- Appear in a state of nudity, nor shall any person make any indecent exposure of his person on any beach access lot or beach area within the town or in any water adjacent to any such beach access lot or beach area.
- Set a fire of any kind upon any beach access lot or the beach areas within the jurisdiction of the town.
- Deposit, dump, throw, cast, lay or place any glass, metal, coal, ashes, rubbish, paper, garbage, refuse or obstructions or debris of any kind in or upon the beach access lots or any beach area within the town or in the waters adjoining the same except in special trash receptacles provided by the town at each beach access lot.
- Conduct or engage in a barbecue or any other type of cooking; nor shall food or food containers of any type be allowed on the beach access lots or any beach areas of the town.
- Have in their possession any alcoholic beverage.
- Have in their possession any glass container or metal beverage container.
- Launch any type of motorized watercraft upon the Gulf of Mexico, by using, as means of access to such gulf, any of the beach access lots of the town.
- Park at times other than the posted parking hours specifically indicated on the signs posted at the entrance of each beach access lots.
- Within lots 21, 43, and 66, to erect, possess, or cause to be erected any tent, canopy, temporary shade structure or recreation structure on the beach within the incorporated limits of the town except umbrellas of no more than 7½ feet in diameter with a single pole of not more than eight feet in length. Only residents and homeowners with proof of residency may erect a tent, canopy, beach umbrella or temporary shade structure on the beach areas behind their homes for no more than three consecutive days.
(Ord. No. 1984-1, § 10-03, 6-12-1984; Ord. No. 1997-1, § 10-03, 2-20-1997; Ord. No. 2019-02, § 2, 12-17-2019; Ord. No. 2020-01, § 2, 6-16-2020; Ord. No. 2022-01, § 2, 12-6-2022)
3. Sec. 30-54. – Restriction against animals.
No person being the owner or in control of any dog or other animal shall bring, drive, lead, or permit such dog, or animal to go upon the beach access lots or beaches within the town, and any dog or other animal found running free upon the beach access lots or beaches, shall be impounded in accordance with the procedures set forth in relevant ordinances of the county code, which ordinances have previously been incorporated into this Code of Ordinances as provided in county code section 14-28.
(Ord. No. 1984-1, § 10-05, 6-12-1984; Ord. No. 1997-1, § 10-05, 2-20-1997)
4. Sec. 30-55. – Trespassing.
No person using a beach access lot as established shall trespass upon adjacent private property or walk upon or otherwise occupy the seawalls of adjacent private property.
(Ord. No. 1984-1, § 10-06, 6-12-1984)
5. Sec. 30-56. – Vehicles prohibited.
No motor vehicle of any kind, or bicycle, shall be allowed on any of the beach areas within the jurisdiction of the town without written permission of the mayor or board of commissioners.
(Ord. No. 1984-1, § 10-07, 6-12-1984)
State Law reference— Authority to prohibit vehicles, F.S. § 161.
6. Sec. 30-57. – Parking permits.
No motor vehicle shall be parked on beach access lots 21, 43 and 66 unless such motor vehicle bears a parking permit, a decal or sticker authorizing such parking. Such parking permits shall only be issued as may be provided by the board of town commissioners to the property owners in the City of Belleair Beach east of Gulf Boulevard and shall be numbered. The board of town commissioners may establish reasonable rules and procedures limiting the issuance of parking permits and their use and may charge reasonable fees for the issuance of permits. Parking permits may be revoked when used in a manner which violates this division, or such rules and procedures as may be established by the board of town commissioners.
(Ord. No. 1984-1, § 10-08, 6-12-1984)
7. Sec. 30-58. – Camping prohibited.
It shall be unlawful and a violation of the Code for any person to regularly engage in public camping or sleeping on public property, including, but not limited to, any public building or its grounds and any public rights-of-way under the jurisdiction of the town.
(Ord. No. 1984-1, § 10-09, 6-12-1984)
8. Sec. 30-59. – Smoking and vaping prohibited.
(a)
No person shall use, consume, inhale, exhale, or burn any: (i) electronic cigarette, as defined in this section; or (ii) lighted tobacco product, including cigarettes, pipe tobacco, and any other lighted tobacco product with the exception of unfiltered cigars, in or on public beaches owned or controlled by the town.
(b)
The consumption, inhalation, exhalation, or burning of any electronic cigarette or lighted tobacco product that is done in connection with a town-sponsored or co-sponsored event approved by a resolution of town council that permits such activity is exempt from this section.
(c)
For the purpose of this section, electronic cigarette and e-cigarette means any product that employs an electronic, chemical, or mechanical means that provides, or is manufactured to provide a vapor of liquid nicotine or other substances mixed with propylene glycol or other substances delivered or deliverable to the user that he or she can inhale in simulation of smoking, vaping, or other inhalation mechanism. This term shall include every version and type of such devices whether they are manufactured or marketed as c-cigarettes, e-cigars, e-pipes, or under any other product name or description.
(Ord. No. 2023-02, § 2, 12-19-2023)
9. Section 30-60. – Loitering and Prowling
(a) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
(b) Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this Section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this Section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.
10. Section 30-61. – Trespass upon Private Property
(a) It is unlawful for any person who willfully enters or remains upon private property without being authorized, licensed, or invited pursuant to Fla. Stat. §§810.08 and 810.09 to refuse to obey an order to leave the premises given by a law enforcement officer who is authorized to issue such an order under the provisions of this section.
(b) Law enforcement officers may be preauthorized in writing by a private property owner, tenant or other authorized person regarding property within the Town of Belleair Shore to issue orders to trespassers directing them to leave the property. When police officers have been preauthorized by a private property owner, tenant or other authorized person, the police officers shall be considered authorized persons for the purpose of invoking the provisions of Fla.Stat. §§ 810.08 and 810.09.
11. Section 30-62. – Digging holes on the beach.
It shall be required that all holes dug on the beach are to be attended at all times and shall be completely filled and restored to their original level condition prior to leaving the beach the same day it is created