Beach and Boating Regulations

Local laws and ordinances

Sec. 5-1:  Definitions.

As used in this chapter, the following terms shall have the meanings ascribed to them in this section:

Animal means any living non-human creature, not to include guide dogs or service animals.

Appropriate authority(ies) shall mean those persons who shall be duly appointed as deputies or constables, who are police officers of a municipality, county, or state, their authorized agents, or have been granted lifeguard status under beach franchise agreements, who  shall have the police power and authority to supervise and regulate physical activities and swimming on the beaches, strand and the Atlantic Ocean within the jurisdiction of the municipality, county, or state and in those areas in order to establish and preserve public health, safety, peace and order.

Aquatic Activity means any activity occurring in or on the ocean including, but not limited to, swimming, surfing, kite-boarding, wind-surfing, operation of wind-propelled vessels, operation of motor-propelled vessels, and surf-fishing. This shall not include any activities taking place on the platform of the pier.

Essential vehicles and vessels means those vehicles and vessels whose use on public beaches and on the Atlantic Ocean are deemed essential by the local, state, and federal agencies. Essential vehicles and vessels shall include the following: law enforcement and emergency vehicles and vessels; municipal, county, state and other government vehicles and vessels; beach service vehicles and vessels, and any other vehicles or vessel deemed essential by the local, state, or federal agency.

Operator shall mean the owner or manager of the parasailing company, and while acting through his agents or employees.

Parasailing  shall mean those activities designed to enable a person or persons, outfitted with a wing, sail, chute, or other apparatus, when pulled behind a boat, to sail, glide, or float up into the air for an indeterminate period of time.

Public access means the area of land extending from the public street to the public beach which has been dedicated for the purpose of providing public and emergency access to the beach.

Public beach, when used in this chapter, shall mean that area lying between the Atlantic Ocean and the easternmost property line of the property owned by private individuals or corporations, lying closest in proximity to the Atlantic Ocean; except that where there is a street leading east from Ocean Boulevard toward the Atlantic Ocean, and also “public beach” at these points shall mean the area lying between the easternmost edge of the public street and the Atlantic Ocean; and includes any area lying between the mean low water mark of the Atlantic Ocean and the primary dune line, bulkhead or seawall, as well as those lands subject to periodic inundation by tidal and wave actions so that no non-littoral vegetation is established.

Specified anatomical areas means human male or female genitals, pubic area, pubic hair, buttocks, anus, vulva, or any portion of the female breast at or below the areola thereof.

Specified sexual activities means and includes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) sex acts, normal or perverted, including intercourse, oral copulation, or sodomy; (3) masturbation.

Sec. 5-2 Beach Advisory Committee.

1. The committee shall adopt its own rules of procedure and by-laws subject to approval by city council, and shall meet as often as it shall deem necessary to study issues of particular significance to the preservation and development of the beach. The beach advisory committee shall submit a report to city council in March of each year which shall advise council on the activities of the committee for the preceding year, and submit the committee’s recommendations, if any, for action to be taken by city council.
2. The committee shall be encouraged to coordinate its studies and activities with existing city boards and commissions to eliminate duplication of effort and take maximum advantage of the resources and information which may be available.

Sec. 5-3.  Authority of beach patrol officers and their agents as to swimmers, and persons on the beach.

1. Appropriate authorities shall have the power and authority to recall from the ocean waters and the surf adjoining the waters any person who shall be in the ocean waters a distance of more than 50 yards from the point where the ocean adjoins the public beach, or who shall be more than chest deep when standing flat-footed at any time, or who shall be engaging in any aquatic activity whatsoever within 75 yards of any pier; or when the person shall be in danger of drowning or becoming imperiled, or may imperil the safety of others, all of which shall be determined in the discretion of the appropriate authorities.
2. Appropriate authorities shall have authority to recall from the ocean waters and the surf adjoining the water any person who shall be in the ocean waters at any distance at any time when the condition of the wind, water, weather or a hazard, including the physical or mental condition of the person in the ocean waters, shall be such, in the discretion of the those personnel as hereinabove described, as to constitute a danger to the health, life or safety of that person or to other persons within the ocean waters or the public beach.
3. Appropriate authorities may restrict beach use, object, structure placement or aquatic activities, when in their discretion, the use, object or structure placement or activity constitute a danger to the health, life or safety of that person or to other persons within the ocean waters or the public beach.

1. Appropriate authorities may create zones that restrict aquatic activities or beachfront activities in areas in exigent circumstances that may pose a danger to the health, life or safety of any person due to a hazardous condition, hazardous operation, hazardous weather or hazardous structure whether temporary or permanent. These zones must be marked in such a fashion to be readily identifiable with flags, buoys, signs, or the like. In exercising this authority, beach franchise lifeguards shall immediately notify the appropriate public safety officials of any such closures.
2. Any activity on the public beach which may be deemed a hazard to patrons who are walking, sunbathing or swimming can be controlled by appropriate authorities.
3. No person, object, device, structure or activity shall block the public beach or beach access in a way where an appropriate authority or essential vehicles may not pass.
4. Any person who shall fail to obey the directions and instructions of any appropriate authority as to beach safety, access or use shall be guilty of a misdemeanor.

Sec. 5-4.  Lifeguard stands access, egress and line of sight protected.

1. Through the use of “Beach Franchise Agreements,” the City has established the time and placement of lifeguard stands to establish and preserve public safety.
2. Lifeguard stands access, egress and line of sight are to remain unobstructed. Any umbrellas, shading devices, or other obstructions shall not impede upon the franchise’s line of sight or access or egress for purposes of public safety.
3. Umbrellas and Shading Devices must be placed above the high-tide line.
4. Established umbrella lines. Any shading devices, or other obstructions that impeded upon the franchisee’s established umbrella line may be moved landward of the established umbrella line.  Any umbrellas, shading devices, or other obstructions cannot obstruct the view of the lifeguard’s area of responsibility and may be removed.  No shading devices or other obstructions may be placed within ten (10) feet of any established umbrella line.  Shading devices must be placed outside of the established umbrella line and shall remain in-line or landward of the established umbrella line.
5. Shading devices. Shading devices shall not exceed the maximum size of twelve (12) feet by twelve (12) feet or 144 square feet and the maximum height of any shading device shall not exceed nine (9) feet installed. Shading devices, other than circular umbrellas with a diameter of 7.5’ or less, shall not be placed within 10’ of any other shading device. All shading devices are prohibited from being tied, bound, joined, or connected in any manner. Excluding umbrellas, all shading devices shall be secured in such fashion to restrict uncontrolled movement of the device and secured with fasteners, stakes, weights, or the like that will not endanger beach patrons. Anchoring lines, tethers, or the like shall not extend beyond the perimeter of the shading device. Shading devices, other than circular umbrellas with a diameter of seven and one-half feet or less, shall not be allowed on the beach between Memorial Day through Labor Day.
6. It shall be unlawful for any person to place any shading device or umbrella so as to impede lifeguard line of sight, access or egress from the lifeguard stand.

(Ordinance 2012-35, June 12, 2012, and 2014-19, March 25, 2014)

Sec. 5-5.  Regulations on recreational fishing from shore or pier.

1. It shall be unlawful for any person involved in attempting to catch or take, or catch or take any shark or other marine animals that may endanger the public from any fishing pier, or any beach, shore or any coastal waters where one may fish.
2. Any person(s) who baits, fish for, or otherwise attracts sharks or other marine animals that may in danger the public within one (1) mile of the beach or any coastal waters are in violation of this ordinance. All fishermen shall release at time of recognition any and all fish or other similar type animals that may pose any danger to any beach goers, sunbathers, swimmers or any other person where the fish or animal is caught. Any person(s) who surf fishes or fishing of any type from a pier or beach, at any time of the year, shall not fish in a manner that presents an unsafe condition to any beach goers, sun bathers, swimmers, or any other person and shall keep a safe distance from them.
3. Any person who surf fishes must obtain a valid South Carolina issued Surf Fishing License in accordance with South Carolina State Law. Local government jurisdiction extends to one (1) mile in the Atlantic Ocean and includes all beaches, swashes and piers.

Sec. 5-6.  Certain Flotation devices restricted.

1. All flotation devices must be fabric-covered and have a 360 degree rope (three-eighths inch minimum diameter) with a ten percent slack or must be U.S. Coast Guard approved as a flotation device. Those devices not meeting these requirements will not be permitted on the surf or in the water. This section does not apply to surfboards, paddleboards, and skim boards.
2. All retail outlet stores licensed by the municipality or county and which sell beach equipment such as chairs, umbrellas, floats and other personal flotation devices must display prominently a copy of subsection (A) of this section relating to flotation devices in that place of business.

Sec. 5-7. Use of bicycles restricted.

The use of bicycles, tricycles or similar human powered wheeled vehicles is prohibited from the hours of 10:00 a.m. to 5:00 p.m. from May 1 up to and including Labor Day on the public beach, except as where otherwise lawfully permitted.

Sec. 5-8.  Sailboat storage regulations;

(a)   It shall be unlawful to leave any sailboat on the public beach after sunset and before sunrise each day except as provided herein:

(1)  Sailboats may be left overnight on the public beach provided the sailboat mast is lowered or all rigging is secured so that it will not make noise when blown by the wind.

(2)  Any sailboat on the public beach shall be positioned so that it does not restrict access by the public to the beach from any dune walkover or street end or obstruct passage by individuals or emergency vehicles moving along the beach.

(3)  When positioning or moving a sailboat, care must be taken to avoid any damage to the dune system. It shall be unlawful to place a sailboat on a dune or move a sailboat over a dune under any circumstances.

(4)  Sailboats left on the beach overnight must display on the starboard stern a beach permit decal issued by the city police department. Decals will be valid for the calendar year in which they are issued and shall be issued at no cost to the registrant. They may be obtained from any member of the Myrtle Beach Police Department Beach Patrol. To obtain a decal the applicant must provide the following information on a form provided by the police department:

1. Name and address of the owner.
2. Name and address of the applicant if not the owner.
3. Day and evening telephone numbers where owner may be contacted.
4. Description of the sailboat to include registration or title information.
5. If not a resident of Horry County, the local address and telephone number at which the applicant may be reached and the date on which the applicant will be leaving the local area.

(b)  It shall be unlawful to store a sailboat on private property unless the rigging is secured to prevent the load and annoying noises which frequently occur when the wind blows through the rigging from being heard on any other private property.

(c)  Sailboats which are left on the beach in violation of the provisions of (a) above for a period in excess of seven consecutive days may be removed by order of the chief of police. After being removed such sailboat shall be kept in storage for no less than 90 days during which time every reasonable effort will be made by the chief of police to identify the owner of the sailboat and provide notice to the owner that the sailboat has been removed and impounded. Such notice shall include the fact that the owner may reclaim the sailboat by satisfying any fine which may be due for violating the provisions of this section and by paying the cost of removal and storage. if the sailboat’s owner has not been identified by other means within 30 days of impoundment, the chief of police shall cause a notice to be published in a newspaper of general circulation in Horry County that the sailboat has been impounded and may be reclaimed as provided above. An impounded sailboat which has not been claimed by the rightful owner after 90 days may be sold and any proceeds of the sale remaining after the expenses of the sale, the costs of removal, storage and publication of notice have been paid shall be transferred to the general fund of the city.

Sec. 5-9.  Watercraft operational restrictions.

1. Motorboats. It shall be unlawful for any person to operate or pilot a motor-driven boat, except for vessels commonly known as jet-skis or similar type vessels, in the waters of the Atlantic Ocean within 400 yards of the point where the Atlantic Ocean adjoins the public beach or elsewhere along the public beach in any manner as to create a hazard to the public within the waters of the Atlantic Ocean. Emergency vessels operating under official guidelines are exempt from this ordinance.
2. Jet-skis. It shall be unlawful to operate any jet-ski in the waters of the Atlantic Ocean within 100 yards of the point where the Atlantic Ocean adjoins the public beach during the period from May 1 up to and including Labor Day of any year, except that jet skis may be launched from and returned to the beach on a course approximately perpendicular to the beach. When launching or returning as described above, the jet-ski shall be operated as slowly as surf conditions shall permit and in such a manner as to avoid all swimmers or other persons in the water. For the purposes of this chapter, the term jet-ski shall include wave riders and any other similar vehicles by whatever name. Emergency vessels operating under official guidelines are exempt from this ordinance.
3. Sailboats, Sail Boards, Kite Surfing Boards, and like devices. It shall be unlawful to operate any sailboat, sail board, kite surfing boards and like devices in the waters of the Atlantic Ocean within 100 yards of the point where the Atlantic Ocean adjoins the public beach during the period from May 1 up to and including Labor Day of any year, except that such devices listed above may be launched from and returned to the beach on a course approximately perpendicular to the beach. When launching or returning as described above, such devices listed above shall be operated as slowly as surf conditions shall permit and in such a manner as to avoid all swimmers or other persons in the water.

Sec.5- 10.  Use of kayaks and surfboards restricted.

1. Use of kayaks and surfboards restricted. Within the city and during the period May 1 through Labor Day each year, no person shall use in any manner or assist anyone in any manner in the use of any apparatus or device commonly known as a “kayak,” “surfboard,” or other apparatus or device of a hard or solid nature similar to a “kayak” or “surfboard” and used for the general purposes for which a “kayak” or “surfboard” is generally used, between the hours of 10:00 a.m. and 5:00 p.m. in any area other than the following:

(1)  From 710 feet of the center line of 29th Avenue South street-end  to the south city limits.

(2)  From 37th Avenue North to 47th Avenue North.

(3)  From 82nd Avenue North to the north city limits.

(4)  South side of 8th Avenue North, extended to north end of public boardwalk, but this area to be used only during the period the day after Labor Day through April 30 of each succeeding year.

(5)  From 62nd Avenue North to 68th Avenue North.

1. It is the intent and the purpose of this section that no such apparatus or device shall be used in the city in that area commonly known as “strand” or “beach” and the water area of the Atlantic Ocean lying within one-half mile of such “strand” or “beach,” except in the areas noted above; provided further, that no kayak, surfboard or other apparatus designated in this section shall be used at any time within a distance of 75 yards of any fishing pier as now exists or hereafter established. During the months from the day after Labor Day through April 30 of each succeeding year, there will be no restrictions as to area.
2. All surfers shall be required to wear a surfing leash with a maximum length of 7’ at all times. Surfers must navigate the surfboard, paddleboard, kayak, or like device in such a way that it does not become a hazard to others in the ocean or on the beach. The individual will be responsible for his or her actions while navigating such devices.
3. Soft Sided Boogie Boards or other like padded small devices shall not be considered a surfboard, but the padded device must be secured to the person in control of the device and operated in such a way that it does not become a hazard to others in the ocean or on the beach. The individual will be responsible for his or her actions while navigating such devices.

Sec. 5-11.  Launching jet skis and motor boats restricted.

1. Notwithstanding any other provision of law, it shall be unlawful to launch jet skis and motor boats from the beach or return them to the beach from May 1 through Labor Day of any year at any point along the oceanfront in the areas of the TA-80 zone south of 29th Avenue South to 31st Avenue North and from 69th Avenue North to 77th Avenue North. Provided, however, this prohibition shall not apply to licensed operators, as of the effective date of this section, which operate banana boats and parasailing rides. Said operators may continue their current water-sport activities south of 29th Avenue south, at the Swash at 3rd Avenue South, between 8th and 9th Avenue North. Provided, however, said operators shall, in consultation with the Beach Patrol, mark off a “safe zone” channel in the surf zone, 50 to 100 feet wide for jet skis to enter and exit the water. Further, the operator shall provide at least two personnel on the beach. One in the water to help keep people out of the safe zone and to assist in the launching and beaching of the jets skis, and one on the beach to assist the customers and to keep people from going into the safe zone. Operators shall follow all applicable federal and state boating and safety regulations.
2. No ticket sales or advertising shall be allowed on the publicly owned beach.
3. Jet skis may be refueled at water’s edge, so long as it is done in a safe and prudent manner. In the event of spillage, the operator shall contain the spill and shall immediately notify the Beach Patrol.

Sec. 5-12. Operation of parasailing activities regulated.

1. Authority of beach patrol. The City of Myrtle Beach Police Department Beach Patrol may close parasail operations at any time upon a judgment that the prevailing weather conditions are deteriorating in such a manner or that operation is being conducted in such a reckless or negligent manner as to endanger the life, limb or property of any person.  Incident reports.  Operators must file an official incident report with the City of Myrtle Beach Police Department immediately upon any known, or passenger-implied injury or rescue that requires medical attention.
2. Pre-operational requirements. Pre-flight weather evaluation. The operator shall evaluate and determine if weather conditions are favorable for parasailing, using all means available to make such a determination. Prior to the commencement of the first flight each day a designee from the parasail business will access the NWS website and print the weather forecast for the day. The printout will be maintained in a log book and will be readily available to law enforcement in the “rental booth” for their operation.
3. Pre-operational requirements. Weather, wind and sea conditions. No operator shall engage in parasailing activities in rain, heavy fog or during an audible thunder storm or a visible lightning storm. No operator shall engage in parasailing activities in sustained winds of 18 miles per hour or when waves are at six feet or above. In addition to the requirements of the “rental booth” each boat/captain will be required to have a hand held wind speed measuring device on board at all times. Weather conditions (weather, wind, and sea conditions) will be monitored and updated by using the NOAA website for Springmaid Beach Pier as provided by the beach patrol.
4. Distance from surf zone, shoreline, and fixed objects. Parasail operators must maintain a minimum operating distance of at least 600 yards from any surf zone, shoreline, or pier or similar object so that the vessel, towline, parachute or rider does not come within 600 yards of the shoreline or pier. This restriction applies to the entire commercial parasailing apparatus, including the vessel, towline, and rider. Parasail boats underway may not operate within 600 yards of another parasail boat at any time.
5. Flight location limitations. Passenger flights shall at all times be limited to the ocean; furthermore, the provisions of section 5-19 shall apply to limit the location of parasailing activities within the ocean.
6. Altitude limitations. Passenger flights shall be limited to an above ground or water level (AGL) altitude of 500 feet, or as required by Federal Aviation Administration regulations.
7. Right-of-way rules. Parasail vessels shall follow all United States Coast Guard Rules of the Road. Vessels engaged in parasailing should not assume themselves to be considered RAM vessels (restricted in their ability to maneuver) and should be prepared to give way to other vessels.
8. In-flight floatation devices. All passengers shall wear a properly fitted, United States Coast Guard-approved Type I, II, or III life jacket while in flight.

Sec. 5-13. Animals on the beaches restricted.

Any animal that is permitted to be on the beach must be on a hand-held leash not to exceed seven (7) feet in length and under the direct control of the person having custody of the animal. Persons in control of the animal are responsible for the clean-up of any animal refuse. Animals are not allowed on the beach between the hours of 10:00 a.m. and 5:00 p.m., from May 1 up to and including Labor Day. No reptiles, exotic animals, wild or feral animals animal are allowed on any public beach, public beach access, street end adjacent to the beach, or any government land immediately adjacent to the beach, except as otherwise lawfully permitted. Service Animals are exempt from the day and time restrictions only. For more information about Service Animals, please go to our FAQ page here.

Sec. 5-14. Personal use of public beach structures prohibited; obstruction on the beach prohibited; items left are considered abandoned.

1. Sand fencing, dune walkovers, public beach access structures, etc. It is prohibited to place, put, lean, chain to, lock to, or connect to, in any fashion, any item to a sand fence, dune walkover or public beach access structure on any public beach, public beach access, street end adjacent to the beach, or any government land immediately adjacent to the beach, or in the waters adjacent to the public beach..
2. Other Obstructions. It shall be unlawful to build, erect, place, bury, or create any fence or other obstruction on the public beach, public beach access, or dune walkover so as to obstruct or impede the free use of the public beach or to interfere with or obstruct any maintenance operation of the beach.
3. Removal or disposal. It shall be unlawful between the hours of 7:00 p.m. and 8:00 a.m. for any person to leave upon, put, place, or set any equipment on the beach including, but not limited to, shading devices, umbrellas, surfboards, floats, life rafts, volleyball nets, etc. Any umbrellas, shading devices, obstructions, equipment, or other structures remaining on the beach between the hours of 7:00 p.m. and 8:00 a.m. may be removed from the beach by the governing agency.

Sec. 5-15. Possession or consumption of alcoholic liquors, beer or wine on the beach or beach accesses prohibited.

It shall be unlawful for any person to possess or consume any alcoholic liquors, beer, ale, porter, wine or any other similar malt or fermented beverage on any public beach, public beach access, street end adjacent to the beach, or any government land immediately adjacent to the beach, except as otherwise lawfully permitted.

Sec. 5-16.  Fires prohibited.

It shall be unlawful for any person to build, start, ignite, or maintain any fire or open flame or use any propane fired grill, cooker, or heating device heated by fire on any public beach, public beach access, street end adjacent to the beach, or any government land immediately adjacent to the beach, except as otherwise lawfully permitted.

Sec. 5-17.  Carrying glass containers on beaches prohibited.

It shall be unlawful for any person to carry or possess any glass, bottle or glassware on the public beaches or public beach accesses.

Sec. 5- 18.  Discharge, use, ignition, etc., of fireworks prohibited.

It shall be unlawful for any person to use, fire, shoot, discharge, or ignite any fireworks within the city limits of Myrtle Beach on any public beach, public beach access, street end adjacent to the beach, or any government land immediately adjacent to the beach, except as otherwise lawfully permitted.

Sec.5-19. Sleeping on public beach or public access after 9:00 p.m. prohibited.

It shall be unlawful for any person to sleep on the public beach or public access between the hours of 9:00 p.m. and 8:00 a.m.

Sec.5-20. Diving or jumping from piers prohibited.

It shall be unlawful for any person or persons to dive or jump from any portion of a pier; or to push, shove, or cause any person to fall, dive or jump from any portion of a pier; or climb or be on the outside of the railing or any area not designed for public entry of any pier.

Sec. 5-21. Aquatic activity within 75 yards of pier prohibited.

No aquatic activity of any kind may occur within 75 yards of any pier. Emergency personnel, maintenance operations and other authorized persons are exempt from this section.

Sec. 5-22. Destruction of sea oats, beach grass, beach vegetation and sand fencing prohibited.

It shall be unlawful for any person to destroy, mutilate, break, move, tear up, carry away or alter in any manner the sea oats, beach grass, other beach vegetation, sand fencing, public access structures, public beach structures, or fixtures occurring naturally or planted or erected by the government or its agents as part of any beach re-nourishment or preservation.

Sec. 5-23.  Depositing litter on beach or in water prohibited.

It shall be unlawful for any person to throw or deposit, or cause or permit to be thrown or deposited, any glass, bottle, glassware, can or pieces thereof, cigarette or cigar butts, or any garbage, waste, litter, trash, debris, or refuse of any kind, on any public beach, public beach access, street end adjacent to the beach, or any government land immediately adjacent to the beach, or in the waters adjacent to the public beach.

Sec. 5-24. Commercial fishing on public beaches prohibited.

It shall be unlawful for any person to engage in commercial fishing on any public beaches

Sec. 5-25. Negligent, reckless or intoxicated operation of devices  or beach activities prohibited.

1. No person shall operate any motorboat, jet-ski or other vessel or manipulate any skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life, limb or property of any person.
2. No person shall operate any motorboat, jet-ski or other vessel or manipulate any skis, surfboard or similar device while under the influence of intoxicants or any narcotic, barbiturate or marijuana, or prescription medications that affect one’s mental or physical faculties.
3. No person shall engage in any aquatic activity or activities on the beach or public access while intoxicated or under the influence of any narcotic drug, barbiturate or marijuana, or prescription drug, nor shall any person engage in reckless behavior or negligent manner so as to endanger the life, limb or property of any person while in the water, on the beach or on a public access.

Sec.5-26.  Horses prohibited.

It shall be unlawful for any person to ride, bring or have a horse, or any other animal that can be ridden, on any public beach, public beach access, street end adjacent to the beach, or any government land immediately adjacent to the beach, except as otherwise lawfully  permitted.

Sec. 5-27.  Solicitation and commercial activities prohibited.

1. Findings. The council of the city has made the following findings:

(1)  That the public beach is a public area which is open and accessible to all persons;

(2)  That the public beach is maintained and subjected to reasonable regulation by the city in order to promote the health, safety, welfare and morals of all persons using the beach;

(3)  That the public beach provides a unique area for all persons to pursue peaceful relaxation and quiet enjoyment in a reasonable manner;

(4)  That the public beach has been and continues to be a unique public recreation area, different in respect to all other public areas within the municipality;

(5)  That it is desirable and necessary to preserve the unique nature of the public beaches and to protect all persons who utilize the beaches from undue annoyance, disturbance and inconvenience.

1. Certain activities on beaches prohibited. It shall be unlawful for any person, organization, society, association or corporation, or any agent, member or representative thereof, directly or indirectly, to solicit property, business or financial assistance of any kind, to distribute free product samples, admission passes, or entry tickets, to conduct any sales or rental business, to sell or offer to sell any article, good, publication, subscription or other thing of value, in the area previously defined in this chapter as the public beach.
2. Exceptions. This section shall not apply to the operation of water safety franchises granted by the council for the purpose of ensuring lifeguard services on the beach, or to appropriately permitted activities of a special event.

(d)  Penalties.  Any person violating any of the provisions of this section shall be punished as provided for in section 1-9.

Sec. 5-28.  Changing clothes in public, or private restroom facilities prohibited.

It shall be unlawful for any person to undress or to put on a bathing suit, change from a bathing suit to normal clothes or change from normal clothes to a bathing suit on any public beach, public beach access, street end adjacent to the beach, or any government land immediately adjacent to the beach, or in the waters adjacent to the public beach, or in any public lavatory or toilet room in the city without obtaining permission or consent from the owner or proprietor

Sec. 5-29.  Vehicles prohibited; access lanes

1. Except for essential vehicles, it shall be unlawful for any person to drive or operate any motorized vehicle of any kind or nature upon the public beach or within public marsh areas within the county limits.
2. Except for essential vehicles, it shall be unlawful for any person to park any wheeled conveyance, including but not limited to any motor vehicles, motor cycles, golf carts, or similar type vehicles on the beach or beach access.
3. Emergency and authorized vehicle access lanes. The city, from time to time, may establish zones, where needed, for the creation of a predetermined emergency and authorized vehicle access lane to extend from the primary dune line seaward. Emergency vehicle access lanes may also be created as needed by governing councils or law enforcement personnel from the lifeguard stand for a width of ten (10) feet to extend landward to the primary dune line. These areas may be increased or decreased by public safety officials based upon circumstances such as geography, weather, emergency operations and the like. All emergency access lanes will be marked by the placement of pylons, signs, flags, cones, trash cans, or similar devices. No umbrellas, shading devices, or other obstructions shall be placed in the area designated as an emergency or authorized vehicle access lane. It shall be unlawful to move or remove any object so placed under this section.

Sec. 5-30.  Nudity, Display of specified anatomical areas and specified sexual activities prohibited.

1. It shall be unlawful for any person to appear in the nude on any public beach, beach access, in the public waters, any other public property, or in view of the public.
2. It shall be unlawful for any person to intentionally appear on any public beach, beach access, in the public waters, any other public property, or in view of the public in such a state of dress or undress so as to expose to the view of others specified anatomical areas.
3. It shall be unlawful to simulate or engage in specified sexual activities on any public beach, public beach access, street end adjacent to the beach, or any government land immediately adjacent to the beach, or in the waters adjacent to the public beach.

(Ord. No. 2011-27, May 24, 2011)