§ 16-45. Permitted vehicles on the beach, parks and recreation areas.

(a)

No person, firm, corporation, joint venture, partnership, or other legal entity shall operate any motor vehicle in, on, or over any public land, right-of-way, or county park, beach, or recreational area in the county that is not clearly designated or posted for vehicular traffic, vehicular parking or emergency vehicular traffic, unless the same shall have been issued a permit by the board of county commissioners or their designee.

(b)

Personal or privately owned all terrain and/or other vehicles are not permitted on the public beach. Exception: All terrain and/or four-wheel drive vehicles used by sheriff's deputies and county employees may be driven on the beach in the performance of official business.

(c)

Permitted vehicles accessing public beaches shall meet the following requirements:

(1)

The vehicle must have a current State of Florida registration and be covered by auto insurance written by an insurance company licensed to do business in the State of Florida.

(2)

The vehicle must be registered to the owner of a business which has obtained a Qualified Beach Vendor Beach Vehicle Permit from Okaloosa County and has an executed contract/agreement with Okaloosa County and the upland permitted property owner.

(3)

The business name, phone number, and the Okaloosa County Qualified Beach Vendor Certificate number must be displayed on both sides of the vehicle while the vehicle is on the beach. The informational lettering must be no smaller than two inches and no larger than three inches in height.

(4)

A copy of the Okaloosa County Qualified Beach Vendor Beach Vehicle Permit must be carried in the vehicle at all times when on the beach.

(5)

Permitted vehicles are only allowed to enter and exit the beach via the emergency access ways located at beach access ways #2, #4, #7, and the Boardwalk on Okaloosa Island and James Lee Park in Destin. The emergency access ways will be unlocked and relocked by county staff during the approved scheduled times/dates (see subsection (8) below). Driving vehicles on or over the sand dunes is not allowed except in an emergency situation. Failure for vendors who have been issued a qualified beach vendor beach vehicle permit to comply with subsections (c)(1) through (c)(5) are subject to the following enforcement actions:

a.

First infraction: Written notice to the company and warning issued to violator (driver).

b.

Second infraction: $250.00 fine.

c.

Third infraction: Withdraw vehicle's beach permit.

(6)

The speed limit on the beach is ten mph. Violation of the speed limit will result in the following:

a.

First infraction: Written warning to company, ticket issued to violator (driver), and a $500.00 fine.

b.

Second infraction: $1,000.00 fine.

c.

Third infraction: Withdraw vehicle's beach permit.

(7)

Hazard lights and head lights must be on while driving on the beach. Failure to operate a vehicle with hazard lights or head lights on are subject to the following enforcement actions:

a.

First infraction: Written notice to the company and warning issued to violator (driver).

b.

Second infraction: $250.00 fine.

c.

Third infraction: Withdraw vehicle's beach permit.

(8)

Qualified beach vendors who have obtained qualified beach vendor vehicle permits are allowed access during the following times and dates:

a.

Approved dates will be set up as follows:

1.

Last two days of February and first three days of March.

2.

Two days prior to the beginning of spring break as determined by the tourist development department.

3.

Two days prior to Memorial Day holiday weekend.

4.

Two days prior to the 4th of July holiday weekend.

5.

Three days prior to Labor Day holiday weekend.

6.

The first week of November.

7.

Other dates as approved by Okaloosa County (ex. inclement weather, etc.).

(9)

Vehicles must be clean (free of any materials not meeting the requirements of land development code, section 6.02.04, discoloring material prohibition) and in proper running order so as not to leak any fluids such as grease, oil, transmission fluid, antifreeze, etc. at any time. Improperly operating vehicles used by the Qualified Beach Vendor are subject to the following enforcement actions:

a.

First infraction: Written notice to the company and warning issued to violator (driver).

b.

Second infraction: $250.00 fine.

c.

Third infraction: Withdraw vehicle's beach permit.

(10)

The fee to obtain a qualified beach vendor beach vehicle permit for beach access is $500.00 per calendar year per vehicle. Vendors are limited to two authorized vehicles. The vehicle(s) must be designated on the qualified beach vendor application.

(11)

Transfer of vehicle permit for beach access shall be limited to vehicles owned by the same person or entity. Tag number and copy of the registration of affected vehicles will be provided to the public works parks division prior to vehicle use on the beach. At no time will there be more than two permitted vehicles per qualified beach vendor.

(12)

Non permitted vehicles other than official vehicles used by sheriff's deputies and county employees used for official business shall not be operated on the beach.

(13)

Turtle nesting season is designated from May 1 through October 31 each year. All vehicles and activities operating on the beaches will steer clear of all marked turtle nesting sites; any adult turtle accessing the beach for the purpose of nesting; or hatchling turtle emerging from a nest site and migrating to the water's edge. Per State Statue Title XXVIII Chapter 370.12(1) Protection of Marine Turtles, it is a third degree felony for "Any person that illegally takes, disturbs, mutilates, destroys, causes to be destroyed, molests, or harasses any marine turtle species, or the eggs or nest of any marine turtle species."

(Ord. No. 08-06, § 5, 3-18-08; Ord. No. 13-07, § 5, 1-22-13; Ord. No. 17-18 , § 3, 9-5-17)