Mayor vetoes Bean Point ‘no swim’ zone ordinance
Story updated 9/20/25
ANNA MARIA – On Sept. 15, Mayor Mark Short vetoed the Bean Point ‘no swim’ zone emergency ordinance unanimously adopted by city commissioners on Sept. 11 that would have allowed property owners with riparian rights to swim there.
The city’s efforts to enact a Bean Point ‘no swim’ zone have now been suspended.
In an email sent to The Sun on Sept. 16, Short wrote, “I vetoed Emergency Ordinance 25-951, which was passed by the commission last Thursday regarding no swimming at the Bean Point area of the beach. The ordinance, as approved by the commission, provided for inconsistent enforcement and would be impractical to enforce by the MCSO (Manatee County Sheriff’s Office) and city code enforcement personnel. City commission was informed of this decision yesterday.”
When speaking to the Sun on Sept. 17, Short said the recently installed metal signs that say, “No Swimming, Dangerous Currents” will be replaced this week by new signs that say “Warning. Dangerous Currents. Swim at your own risk. No lifeguards.”
With no ordinance in place at the time, Short implemented the ‘no swim’ zone on Sept. 2 in response to a drowning on Aug. 31 and other recent Bean Point water rescues that included a 45-year-old man dying the day after he and his 15-year-old son were rescued from rip currents. The temporary signs installed on Sept. 2 have since been replaced by metal signs that say, “No Swimming, Dangerous Currents.”
On Sept. 11, commissioners adopted the now-vetoed emergency ordinance that formalized a temporary Bean Point ‘no swim’ zone, while still allowing a limited number of beachfront homeowners and their guests to continue swimming there.
To be replaced later by a permanent, and perhaps different, ordinance, the now-vetoed 60-day emergency ordinance said, “It shall be unlawful for any person to engage in swimming, floating, rafting, paddleboarding, kayaking or other similar water-based recreational activities in the waters of the Bean Point area defined as: ‘The shoreline and waters beginning at the Fern Avenue (Street) beach access, extending northward around Bean Point and eastward to the beach access between 831 and 833 North Shore Drive.’ Fishing and wading in water up to knee depth shall be permitted but discouraged.”
Public input given by Bean Point homeowners and others convinced commissioners to revise the proposed ordinance to allow Bean Point beachfront homeowners and their guests to continue enjoying the Bean Point waters now off limits to other Anna Maria residents and visitors.
At the commission’s request, City Attorney Becky Vose added language to the emergency ordinance’s penalty provisions that granted approximately 14 Bean Point homeowners an exemption not shared by vacation rental guests: “Owners, and their guests, of homes that are not vacation rentals with riparian rights in this specific area are exempt from these penalties.”
Regarding enforcement, the emergency ordinance said, “Violation of this ordinance shall be punishable as a noncriminal municipal infraction, subject to fines as provided through resolution of the city commission.”
A city resolution was not adopted to establish fines being levied while the emergency ordinance was to remain in effect.
Short said while the 60-day emergency ordinance was in effect, he would work with Manatee County officials to develop a permanent solution that addresses the city’s public safety concerns.
Commissioner Chris Arendt said he was OK with people wading in knee-deep water, including children accompanied by an adult. He and the other commissioners agree the city must do something to protect visitors who aren’t aware of the dangers posed by rip currents at Bean Point.
Public input
Before the homeowners’ exemption was added to the now-vetoed emergency ordinance, longtime Bean Point homeowner Wendy Blumenthal said, “So what are the consequences for me if I go behind my house and float in 3 feet of water?”
“The ordinance, at this point, calls for a warning. It does not call for a fine,” Short answered.
Sgt. Brett Getman leads the Manatee County Sheriff’s Office Anna Maria Unit. When asked about enforcing the emergency ordinance, he said, “Compliance and education is our goal.”
Continuing, Blumenthal said, “I feel horrible about what’s happened in recent weeks with the visitors, and I know we need to do something, but I think having a knee-jerk reaction may be too quick. What about those of us who do know the waters, have never had an incident, know when the tide’s going out? Why do we not get to use the water behind our home? It’s not just visitors that use the beach.”
When she suggested using buoys to create a designated swimming zone, Short said county officials already mentioned that option.
Bradenton resident Sydney Buckley and her husband, Richard, own and operate the Anna Maria-based Tangerine Group construction and real estate services company. She agrees the city needs to protect visitors but said homeowners’ rights must also be considered. She said the swimming prohibition might negatively impact a homeowner’s ability to sell their Bean Point home and might also impact vacation rental guests if any of the temporarily exempted homes are used as vacation rentals.
“If I were to spend $10,000 on a house on the beach just to find out after I arrive that we can’t go dive in like we were expecting to, I’d be pretty furious,” Buckley said.
Longtime Bean Point homeowner John Dicks lives along the stretch of North Shore Drive referenced in the emergency ordinance. He applauded the city’s efforts to protect visitors and save lives but said the homeowners’ riparian rights and property rights must also be protected. He cautioned the commission against taking action that could expose the city to Bert Harris claims filed by homeowners seeking compensation for the loss of their long-held property rights.
“It’s diminishing the value of those properties. That’s the classic example of a Bert Harris case. We don’t want to get into that,” he said.
Dicks suggested using large, colored flags to warn people about the currents and water conditions. As an alternative, he suggested the swimming exemption later added to the emergency ordinance. Dicks said he wasn’t sure, but he didn’t think any of the exempted Bean Point homes are vacation rental homes.
“I’m planning on swimming tomorrow,” he said, noting he doesn’t want to break the law when doing so.
Arendt asked Getman how hard it would be to enforce a ‘no swim’ zone that only allows certain residents and guests to swim there.
“It’s just going to invite people to swim that see other people swimming,” Getman answered.
On Aug. 9, Getman entered the water to help rescue the teenaged boy caught in the rip current with his father. During a recent commission meeting, Getman said the Bean Point water rescues put deputies at risk too.
On Sept. 11, he said, “Keep in mind, we’re not lifeguards.”
Regarding an exemption being given only to those beachfront property owners, Short said, “Does that open up a can of worms for people who live across the street?
“They don’t have riparian rights and I think that’s a valid distinction,” Vose replied.
Longtime resident and recently appointed Planning and Zoning Board member Don Buswell-Charkow said he’s walked that stretch of beach almost every day since 1991.
After acknowledging the tragic nature of the recent events, Buswell-Charkow said, “In the United States, we go out of our way to protect people from doing incredibly stupid things. I’m not saying all the people that swim there are stupid, but to say, ‘No, you can’t do that,’ when people who know what they’re doing and are cautious and careful are going to be deprived of something they have done for years seems a bit overstepping, excessively regulating everything. There should be a big sign that says this is a dangerous area. There are very strong currents here. If you swim in this area you could drown.”
