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Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified <br />and confirmed as being true and correct and are hereby made a specific part of this Ordinance <br />upon adoption hereof. <br />Section 2. Amendment to Chapter 108 of the City Code. Chapter 108 of the City Code is <br />hereby amended to read as follows: <br />ARTICLE II - Beach Chairs <br />§ 108-10. Permit conditions. <br />The following conditions shall apply to the placement of beach chairs and equipment: <br />A. Placement of beach chairs and equipment. Beach chairs and/or equipment shall be placed <br />solely in the specific locations and manner provided for in the "Beach Chair Pre -Setting" diagram <br />as issued by the City to the owner pursuant to the permit approval process. The Beach Chair Pre - <br />Setting diagram may be amended as needed by the City Manager or designee at his/her <br />discretion. <br />B. Maintenance of beach chairs and equipment. The owner shall be responsible for ensuring that <br />the beach chairs and equipment are maintained in good condition, free from evidence of <br />deterioration, weathering, and discoloration, at all times. <br />C. No obstruction to general public. Beach chairs and/or equipment shall be deployed in a manner <br />that will assure public access and will encourage public use of the beach. The denial or <br />impediment of public access, or placement of beach chairs and equipment in a manner not <br />consistent with the Beach Chair Pre -Setting diagram, shall be cause for a violation of this Article. <br />D. No obstruction to emergency response path. The placement and/or use of beach chairs and <br />equipment shall not obstruct the view of the lifeguard or the emergency response path for <br />emergency personnel. Any request from a Code Enforcement Officer, Police Officer or lifeguard <br />to relocate any items that obstruct the view shall be complied with immediately. No beach chair <br />or equipment can be placed beyond the permitted location. <br />E. Storage during declared emergency required. In the event of a tropical storm warning or <br />hurricane watch issued by the National Weather Service, the owner or his/her designee shall <br />immediately remove, or cause to be removed, the beach chairs and equipment. In the event of a <br />declared state of emergency, the City Manager or designee may by providing at least eight hours' <br />notice issue a warning to the owner to remove and secure the beach chairs and equipment. If <br />the applicant fails to remove the beach chairs and equipment within the required period, the <br />City, at its option, may remove the beach chairs and equipment from the public beach. The <br />applicant shall be jointly and severally liable for all costs incurred by the City for the removal of <br />the beach chairs and equipment under these circumstances. <br />@BCL@A4094D30.docx Page 2 of 4 <br />