§ 5-1. Definitions.

As used in this chapter, the following terms shall have the meanings ascribed to them in this section:

Animal means any living non-human creature, not to include guide dogs or service animals.

Appropriate authority(ies) shall mean those persons who shall be duly appointed as deputies or constables, who are police officers of a municipality, county, or state, their authorized agents, or have been granted lifeguard status under beach franchise agreements, who shall have the police power and authority to supervise and regulate physical activities and swimming on the beaches, strand and the Atlantic Ocean within the jurisdiction of the municipality, county, or state and in those areas in order to establish and preserve public health, safety, peace and order.

Aquatic activity means any activity occurring in or on the ocean including, but not limited to, swimming, surfing, kite-boarding, wind-surfing, operation of wind-propelled vessels, operation of motor-propelled vessels, and surf-fishing. This shall not include any activities taking place on the platform of the pier.

Essential vehicles and vessels means those vehicles and vessels whose use on public beaches and on the Atlantic Ocean are deemed essential by the local, state, and federal agencies. Essential vehicles and vessels shall include the following: law enforcement and emergency vehicles and vessels; municipal, county, state and other government vehicles and vessels; beach service vehicles and vessels, and any other vehicles or vessel deemed essential by the local, state, or federal agency.

Operator shall mean the owner or manager of the parasailing company, and while acting through his agents or employees.

Parasailing shall mean those activities designed to enable a person or persons, outfitted with a wing, sail, chute, or other apparatus, when pulled behind a boat, to sail, glide, or float up into the air for an indeterminate period of time.

Public access means the area of land extending from the public street to the public beach which has been dedicated for the purpose of providing public and emergency access to the beach.

Public beach, when used in this chapter, shall mean that area lying between the Atlantic Ocean and the easternmost property line of the property owned by private individuals or corporations, lying closest in proximity to the Atlantic Ocean; except that where there is a street leading east from Ocean Boulevard toward the Atlantic Ocean, and also "public beach" at these points shall mean the area lying between the easternmost edge of the public street and the Atlantic Ocean; and includes any area lying between the mean low water mark of the Atlantic Ocean and the primary dune line, bulkhead or seawall, as well as those lands subject to periodic inundation by tidal and wave actions so that no non-littoral vegetation is established.

Specified anatomical areas means human male or female genitals, pubic area, pubic hair, buttocks, anus, vulva, or any portion of the female breast at or below the areola thereof.

Specified sexual activities means and includes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) sex acts, normal or perverted, including intercourse, oral copulation, or sodomy; (3) masturbation.

(Ord. No. 2011-27, 5-24-11)