Power Kite Forum

Looks like my beach is off limits

mougl - 5-7-2011 at 05:35 PM

161.58 Vehicular traffic on coastal beaches.--

(1) Vehicular traffic, except that which is necessary for cleanup, repair, or public safety, and
except for traffic upon authorized local or state dune crossovers, is prohibited on the dunes or
native stabilizing vegetation of the dune system of coastal beaches. Except as otherwise provided
in this section, any person driving any vehicle on, over, or across any dune or native stabilizing
vegetation of the dune system shall be guilty of a misdemeanor of the second degree, punishable
as provided in s. 775.082 or s. 775.083.

(2) Vehicular traffic, except that which is necessary for cleanup, repair, or public safety, or for
the purpose of maintaining existing licensed and permitted traditional commercial fishing activities
or existing authorized public accessways, is prohibited on coastal beaches except where a local
government with jurisdiction over a coastal beach or portions of a coastal beach has:

(a) Authorized such traffic, by at least a three-fifths vote of its governing body, on all or portions
of the beaches under its jurisdiction prior to the effective date of this act; and

(b) Determined, by October 1, 1989, in accordance with the rules of the department, that less
than 50 percent of the peak user demand for off-beach parking is available. However, the
requirements and department rulemaking authority provided in this paragraph shall not apply to
counties that have adopted, prior to January 1, 1988, unified countywide beach regulations
pursuant to a county home rule charter.

(3) A local government authorizing such vehicular traffic on all or portions of its beaches pursuant
to subsection (2) may later prohibit, by a vote of at least three-fifths of its governing body, such
vehicular traffic on all or portions of the beaches under its jurisdiction. Any such local government
shall be authorized by a three-fifths vote of its governing body to charge a reasonable fee for
vehicular traffic access. The revenues from any such fees shall be used only for beach
maintenance; beach-related traffic management and parking; beach-related law enforcement and
liability insurance; or beach-related sanitation, lifeguard, or other staff purposes. Except where
authorized by the local government, any person driving any vehicle on, over, or across the beach
shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083.

Only saving grace is:

Absolutely NOWHERE in the 52 pages of statutes does it give ANY definition of "Vehicular Traffic". It does not state weather or not said "vehicle" is limited to motorized or not. Might be a loop hole...

Txshooter38 - 5-7-2011 at 06:00 PM

Quote:
Originally posted by mougl
Absolutely NOWHERE in the 52 pages of statutes does it give ANY definition of "Vehicular Traffic". It does not state weather or not said "vehicle" is limited to motorized or not. Might be a loop hole...


You are right on track. Get the definition of "vehicle". It almost always refers to a "motorized" form of transportation.

mougl - 5-7-2011 at 06:02 PM

Checked that too and nearly everything I am finding in any florida statute of any kind refers to a "Vehicle" as motorized.

Kamikuza - 5-7-2011 at 06:07 PM

Isn't the kite considered "mechanical advantage" and so is motorized? I hate to be a party pooper ...

indigo_wolf - 5-7-2011 at 09:31 PM

Florida Statutes Chapter 316.003

(2) BICYCLE.—Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle.

(21) MOTOR vehicle.—Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.

(75) VEHICLE.—Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

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Notice a bicycle is defined as a vehicle. I expect a buggy would be defined under the broad class of vehicles, even if they have not gone further and given it's own class.

Sorry to be the wet blanket.

ATB,
Sam

bigkid - 5-7-2011 at 09:39 PM

NAPKA might be able to help with a change if someone is willing to do the leg work. We have got lots accomplished in WA State in regards to this subject. It won't be easy but I do believe it is possible.

dylanj423 - 5-7-2011 at 11:13 PM

i love buggying by the signs that say "no vehicle traffic"

i do it... if you do it once and they ask you to stop, then stop... in the meanntime... buggy on!

Kamikuza - 5-8-2011 at 03:34 AM

"drawn upon a highway" not a buggy then. If they insist the buggy is a vehicle, then go buggy down a highway cos it's your right :yes:

Kober - 5-8-2011 at 09:39 AM

My local park have special "no wind powered vehicles" section..... When looking at rules in other parks only few have that sections .....

mougl - 5-8-2011 at 09:43 AM

Well, I'm headed there tuesday with buggy in tow. If they tell me to stop than ok I'll stop. If not, I'll be having some fun!

mougl - 6-3-2011 at 03:41 PM

Update: Showed a car to one of the "rangers" that works this beach today so I brought up the subject of the buggy. Apparently I made an impression on him with how much we stress safety, not only for us but for the general public as well. He told me "I don't see any harm in it as long as you play it safe."

Woop woop!!!!!

BeamerBob - 6-3-2011 at 04:18 PM

Excellent! Good job selling yourself. But you do that every day now so you should be good at it. I would make note of his name to use for reference if you get hassled by another ranger that isn't as impressed with you. Then you have prior authorization on your side and the guy would probably back you up if you are a good representative of the sport as I would assume.

mougl - 6-3-2011 at 04:20 PM

If I sold myself, id have a LOT more kites!


Oh wait....nm

Wrong selling :lol:

Kamikuza - 6-3-2011 at 04:25 PM

Awesome news! :wee: