BRADENTON BEACH – City commissioners held their second discussion about commercial beach cabanas on July 17 and will consider the issue again in a special work meeting to be scheduled.
In response to commissioners’ request on July 10 to look into the legal aspects of private cabana companies setting up on public beaches, City Attorney Ricinda Perry drafted an ordinance regulating the commercial use of the beaches by those companies.
“The draft ordinance establishes not a prohibition against the use but a requirement to obtain a commercial beach use permit,” Perry said. “The city could also limit the number of permits and limit where the cabanas could be set up. An exception would be made for those that have property onsite on the Gulf side where they would have cabana activity in front of their business.”
Perry asked the commission if they would like to have an outright prohibition or have control regulations.
“What if we do nothing and leave the rules we have in place?” Commissioner Ralph Cole asked.
“There can be no tents at all neither commercial or private,” Perry said.
“The problem is if they put their tents out there and nobody is under them, they’re taking up space that someone else could be using,” Cole said. “I don’t have a problem with them setting up a tent, if someone called them up and said, ‘please bring me out some shade.’ ”
Vice Mayor Deborah Scaccianoce said, “I don’t agree with a complete prohibition. They can’t be putting up empty cabanas and only should be placed when there is active rental for a cabana.”
Commissioner Scott Bear concurred and said he would like to see only tents that are rented, not those that companies are trying to rent.
“I agree with what’s been said,” Mayor John Chappie said. “First it has to be rented before it’s set up and they would still have to have business permit.”
Cole asked if the private companies have liability insurance to cover injuries or damage caused by the tents.
“Is there a way to compel them to have liability insurance and to come back if there’s weather to remove them?” Scaccianoce asked.
Police Chief John Cosby said the majority of people on the beaches bring their own tents and asked who would be responsible for the enforcement of private companies.
“This will be an unfunded mandate,” Cosby said. “There’s no money to enforce it.”
Bear said rules require enforcement and he would like to see penalties or fees attached.
Perry presented the key points of the draft ordinance:
- Submission of a site plan showing location, dimensions and number of structures and that structures may not be set up within 100 linear feet of a beachfront boundary;
- Proof of insurance naming the city as additional insured;
- Compliance with the Florida Building Code and Florida Fire Code for temporary structures;
- Daily set up and take down; removal during storms and requiring an inclement weather plan and a contact number;
- Clear pedestrian access 20 feet from the waterline and turtle nests, avoiding sensitive dune areas; and
- Payment of applicable fees.
Violations may include immediate removal of unpermitted structures, fines up to $250 per violation per day, revocation of permits and referral to state wildlife agencies for violations to wildlife habitat.
Chappie said the commission needed some time to conduct research and said the issue will be discussed further at a work meeting, with the date to be determined.
Cabana company weighs in
Peery Heldreth, owner of My Beach Concierge with his wife Becky, addressed some of the commissioners’ concerns.
Heldreth said his company has a general liability policy, uses commercial grade tents with 30-inch ground stakes and 2,400 pounds of tie-down straps.
“This is our fourth season, and we do have a business license,” he said. “We try to do this the right way.”
“There’s a lot of falsehoods that’s being represented I think about the industry,” Heldreth said following the meeting.
“I think one of the points they’re making is we’re setting up without reservations and that is not the case,” he said. “I cannot speak for anybody else’s business how they conduct their business. I’m not aware of anybody doing that but I can’t swear it’s not happening.”
He said his company does not set up tents until he has a valid reservation.
“We take them down at the end of every day for many reasons. The biggest reason is it is turtle season,” he said.
The cabana service caters to three groups according to Heldreth: Elderly or people with disabilities who may not otherwise use the beach, families with children and those who are looking for convenience.
