ANNA MARIA – The city won’t enact any additional prohibitions or regulations pertaining to commercial activity in city rights of way and other public spaces.
The Anna Maria City Commission reached this unanimous decision on June 8 after further discussing concerns that Commission Chair Mark Short raised during the commission’s May 25 meeting.
On May 25, Short said he didn’t want Anna Maria’s rights of ways and public spaces being overrun with commercial activity similar to what’s occurring along Manatee Avenue at the Palma Sola Causeway in west Bradenton, where multiple commercial entities offer horseback rides, personal watercraft rentals, kayak and paddleboard rentals and more.
After the May 25 meeting, Mayor Dan Murphy asked City Attorney Becky Vose and City Planner Ashely Austin to review how the city currently addresses commercial activity in rights of ways and public spaces and what more could be done if the commission identified specific problems to address.
During the June 8 meeting, Murphy reminded the commission that additional enforcement efforts might require additional personnel and/or equipment.
Austin said the city’s code of ordinances already prohibits commercial activity in city-owned rights of way, but things get trickier when regulating commercial activity on the beaches. She noted the city already prohibits motorized vessels, including personal watercraft, within 300 feet of Anna Maria’s public beach areas. She said the city also prohibits using a cart or vehicle on a public beach to offer goods and services.
Vose told the commission there’s state legislation in the form of Senate Bill 170 awaiting Gov. Ron DeSantis’ signature. If adopted as state law, the state legislation would require local governments to prepare business impact estimates before adopting new regulatory ordinances. The state legislation would also allow courts to award the recovery of attorney fees for those who challenge a new local ordinance. If enacted, the new state law would take effect Oct. 1. Vose advised the commissioners to act before then if they want to adopt any new regulatory ordinances.
Providing a potential solution to the commission’s commercial activity concerns, Vose said the city of Cocoa Beach previously created small, designated areas where commercial activity is allowed on those public beaches.
Short asked if all of Anna Maria’s beaches are public. Murphy said the majority of the beaches in Anna Maria are privately owned, and those who own beachfront property that hasn’t been renourished by the county have property rights that in some cases extend into the water.
“It’s not wet sand, dry sand,” Murphy said regarding the private ownership of non-renourished beaches.
Austin said private ownership creates a gap in the city’s ability to regulate beach activities.
Murphy said the city owns the beach area near the City Pier, the beach area at Bayfront Park and several beach access points and can regulate commercial activity in those areas.
Murphy reminded the commission that Anna Maria residents are among the beachgoers who use beach cabana and beach equipment delivery and set up services and food delivery services, and that those service providers are local business owners.
The discussion ended with the commission reaching a unanimous consensus not to take any additional regulatory action.
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