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<br />ORDINANCE NO. 2005- ~ 31 <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, PROHIBITING <br />SWIMMING AND FISHING DURING DANGEROUS WATER <br />CONDITIONS; PROVIDING FOR PURPOSE AND INTENT; <br />PROVIDING FOR DEFINITIONS; PROVIDING FOR <br />ENFORCEMENT AND PENAL TIES; EST ABLISHING A <br />REQUIREMENT FOR THE POSTING OF BEACH ADVISORY <br />WARNINGS IN VISIBLE AREAS IN LOCAL HOTELS; <br />PROVIDING FOR INCLUSION IN THE CODE; PROVIDING <br />FOR SEVERABILITY; PROVIDING FOR REPEALER; <br />PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, in Breux v. City of Miami Beach, 2005 WL 673649, the Florida Supreme <br />Court expanded governmental tort liability associated with the use of public recreational areas <br />which include public beaches; and <br /> <br />WHEREAS, the City has the authority to close the beach under its traditional police <br />power; and <br /> <br />WHEREAS, it has been determined that riptides and other dangerous water conditions <br />have caused numerous drowning deaths in the South Florida area; and <br /> <br />WHEREAS, the City of Sunny Isles Beach has provided lifeguard services to improve <br />water safety within the boundaries of the City; and <br /> <br />WHEREAS, it has been determined that patrons and visitors have continued to swim or <br />fish despite dangerous water conditions or warnings from lifeguards; and <br /> <br />WHEREAS, government agencies have developed a uniformed flag warning program to <br />be used at beach communities around the state; <br /> <br />WHEREAS, the uniformed flag warning system is composed of color coded flags to <br />warn patrons and visitors of hazardous conditions at local beaches; and <br /> <br />WHEREAS, the City Commission wishes to protect the general welfare of its residents <br />and visitors by adopting this Ordinance. <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />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 by this ordinance <br />upon hereof. <br /> <br />Ordinance Prohibiting Swimming And Fishing <br /> <br />Page I 01'4 <br />