Statement on the Customary Use Litigation

On June 6th, 2018, the Town Commission adopted an ordinance which recognized and protected the public’s long-standing customary use of the dry sand areas of the Town’s beaches for certain recreational purposes. Several Town residents filed suit alleging the ordinance was unconstitutional, and preempted by state law. On February 19th 2020, a federal trial judge agreed and invalidated the ordinance. The Town appealed that decision and, on August 20th 2021, the federal appeals court entered an order vacating the trial order. The appeals court ruled that the Town’s ordinance was not preempted by state law, and that the Town must be allowed to present its evidence of customary use at a trial. In light of ongoing COVID-related court procedures, a trial date may not be set for some time.

Allowed Uses

 Since the trial order was vacated, the Town’s ordinance (codified in § 13-30 of the Town Code) is again in effect. It is important to specify what the ordinance does, and does not provide. First, those making customary use of the dry sand areas of the Town’s beach which are under private ownership are allowed to engage in the following uses AND NO OTHERS: 

(1) traversing the beach;

(2) sitting on the sand, in a beach chair, or on a beach towel or blanket;

(3) using a beach umbrella that is seven (7) feet or less in diameter;

(4) sunbathing;

(5) picnicking;

(6) fishing;

(7) swimming or surfing off the beach;

(8) placement of surfing or fishing equipment for personal use; and

(9) building sand creations unless prohibited by § 4-9 of this code concerning sea turtles.

 In addition, residents or visitors accessing privately-owned parts of the Town’s dry sand beach to engage in these customary uses must, under the code, not enter or use a fifteen (15) foot buffer zone located seaward from the toe of the dune, or from any beachfront home located on, or adjacent to, the beach, whichever is more seaward, except as is necessary to utilize an existing or future Town-owned public beach access point for ingress and egress to the beach.

 Unlawful Uses

 The ordinance did not create a right for residents and visitors to use privately-owned areas of the dry sand beach in the Town for any activity not listed above. The ordinance expressly prohibits the use of tobacco, the possession of animals, and the erection or use of tents in these areas. Additionally, those things which were unlawful either under Town Code or state law before the ordinance remain just as unlawful. Therefore, public nudity, drug use, littering, abandoning property, noise ordinance violations, fireworks use, unpermitted fires, or any other unlawful activities will subject the offender to code or law enforcement action.

 Enforcement

 As with all provisions in the Town Code, enforcement is provided by the Code Enforcement Deputy assigned to the Town by the Sheriff. The Town does not have authority to direct the Code Enforcement Deputy to take any given enforcement action. Rather, the Deputy must assess the facts for each complaint received, and determine if the code has been violated. Any Town resident who believes any part of the code set forth above has been violated, such complaints should be directed to the Code Enforcement Deputy.

 Conclusion

 As the Town awaits a trial date, it encourages everyone in the Town, including those who are making lawful use of the Town’s beautiful beach and those who own homes along the beach, to treat each other with respect and kindness. Engaging in confrontations, leaving litter behind, and other similar poor behavior, on the beach or elsewhere, is not what our Town is about.

WHEN TO REUSE: 
Any sandbags which did not come into contact with floodwaters can be safely reused or stored. We do recommend keeping any sandbags that did not come in contact with flood waters as we are not out of hurricane season yet and it will save you a trip for the next storm that approaches.

HOW TO STORE SANDBAGS:
If you want to keep the clean sandbags for a potential future flooding event, make sure to store them in a dry place preferably indoors or undercover. A great tip is to get a garbage can with lid and keep the bags in there. Make sure the garbage can is in a garage or undercover to help keep water away from the sandbags.

WHEN TO DISPOSE: 
Sand and sandbags that have been in contact with floodwaters may be contaminated with sewage or septic waste, animal waste, oil and gasoline residue, lawn chemicals such as fertilizers, pesticides and herbicides, or other hazardous chemicals. Caution should be used to avoid direct human contact when handling sand or sandbags. Wear gloves and a dust mask, if there is loose or blowing material. Do not place used sand in or near bodies of water, playgrounds, sandboxes, or other areas of direct human contact.

HOW TO DISPOSE: 
Spread sand on lawns or landscape beds and place the bag in your garbage. If you prefer, you may return your bags to the sand area next to Friendship Park. Please dump the sand bag onto the pile and dispose of the bags in the trash can.

• 6/23/2021 Low levels of Karenia brevis cells were measured on June 21, 2021 in the water by the La Contessa Pier.  More testing results will be published as soon as they are made available.
• Red Tide Respiratory Forecast Tool provides beach-by-beach data
• New GIS map shows both County and FWC water sample testing results

With Red Tide persisting, Pinellas County has initiated cleanup of dead marine life from the county’s beaches. 

Fish kills have been reported in several locations on the gulf beaches and within the Intracoastal Waterway and Boca Ciega Bay. A new GIS map shows the latest water sample testing data from both the County and Florida Fish and Wildlife Conservation Commission (FWC).

Even when Red Tide is present off the Pinellas County coast, it is not necessarily present at all beaches. Residents and visitors can check beach conditions at www.beachesupdate.com and via the Red Tide Respiratory Forecast Tool.

Red Tide kills marine life by producing a potent toxin that affects the central nervous system of the fish. The toxin can also affect birds, sea turtles, mammals and other marine animals. In humans, Red Tide can also cause respiratory symptoms in people such as eye, nose, and throat irritation similar to cold symptoms. Some individuals with breathing problems such as asthma might experience more severe symptoms. Usually symptoms go away when a person leaves the area or goes indoors.

Red tide has been detected off the shores of Pinellas County and the Town of Redington Beach is monitoring the situation along with Pinellas County Government and Florida Fish and Wildlife Conservation Commission.

Stay up to date by checking:

• Red Tide Respiratory Forecast Tool
• Visit St. Pete/Clearwater Beach Status Dashboard
• Florida Fish and Wildlife Conservation Commission

The Florida Department of Health in Pinellas County (DOH-Pinellas) is notifying the public of a Red Tide bloom along Pinellas coastal beaches. Some people may have mild and short-lived respiratory symptoms such as eye, nose, and throat irritation similar to cold symptoms. Some individuals with breathing problems such as asthma might experience more severe symptoms. Usually symptoms go away when a person leaves the area or goes indoors.

Health officials recommend that people experiencing these symptoms stay away from beach areas or go into an air-conditioned space. If symptoms do not subside, please contact your health care provider for evaluation.

DOH-Pinellas recommends these steps:

• Do not swim around dead fish at this location.
• If you have chronic respiratory problems, be careful and consider staying away from this location as red tide can affect your breathing.
• Do not harvest or eat molluscan shellfish and distressed or dead fish from this location. If fish are healthy, rinse fillets with tap or bottled water and throw out the guts.
• Keep pets and livestock away from water, sea foam and dead sea life.
• Residents living in beach areas are advised to close windows and run the air conditioner (making sure that the A/C filter is maintained according to manufacturer’s specifications).
• If outdoors, residents may choose to wear paper filter masks, especially if onshore winds are blowing.

Florida Poison Control Centers have a toll-free 24/7 Hotline for reporting of illnesses, including health effects from exposure to red tide at 1-888-232-8635.

Here is a link to a Red Tide map: HAB Forecasts (gcoos.org)

For information about Red Tide and links to other resources, visit http://pinellas.floridahealth.gov/programs-and-services/environmental-health/water-programs/red-tide/index.html.

Please visit the Florida Fish and Wildlife Research website for additional information on the locations where red tide has been found: myfwc.com/research/redtide/statewide/.