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Delray Beach will start imposing fines Nov. 1 for previously unenforced infractions like taking your dog to the beach, or setting your trash out at the curb on the wrong day. Jerry Lower/The Coastal Star

New citation plan will generate fines for multitude of offenses

By Hannah Spence

Starting in November, Delray Beach is giving out new citations — with fines attached — for many minor violations of city rules.

Potential offenders include litterers, places making too much noise and people bringing dogs to the city’s beach.

The new civil citations are more like parking tickets and less harsh than arresting someone, which was pretty much the only recourse previously available (and something officials refrained from doing). Some residents still are not happy — especially those whose pets love the beach.

“I think it would be a better idea to have a specific beach that is a dog beach, like they do in other cities,” said Marlene Goldstein, who regularly takes her chocolate lab, Tucker, to run on the edges of the water.

The new citations cover dozens of other infractions as well, such as skateboarding (stay off Atlantic Avenue sidewalks between State Road A1A and Interstate 95), roadside markers along residential rights-of-way (pyramid-shaped markers are bad, but dome-shaped ones are fine), and even more that are related to pets (dogs aren’t allowed in public buildings or places of business without owners’ permission).

There are rules for garbage and trash, abandoned property, fire safety, mobile food trucks, vehicle parking and storage, and so much more.

Goldstein said she allows Tucker to run on the beach unleashed because “he runs like a maniac and chases birds, and I can’t hold him when he does that.”

She acknowledged that some dogs shouldn’t be on the beach, but she said that she is mindful, taking Tucker north or south of where people are swimming, so he doesn’t get near anybody.

“I’m only OK with Tucker because I know he’s not going to run into anybody,” said Goldstein.

But being mindful doesn’t cut it, as far as city rules are concerned. Under the new citation program, approved by city commissioners in March, bringing a dog on the beach carries a fine of $100 for an uncontested violation and $175 for a contested violation. The maximum fine in any category is $500. Contested violations will be heard in Palm Beach County Court.

The citations will be issued by code enforcement officers — police, code inspectors, fire inspectors and building inspectors.

It’s not about the money, City Commissioner Rob Long said.

“At the end of the day, we are not trying to use this to generate revenue on the backs of hardworking citizens. It’s just to change behavior,” Long said. “It just gives us an efficient way to hold people accountable for these problems that are tricky to enforce but have an impact on the quality of life of our residents.”

Before the citation program, the potential enforcement mechanism was harsh, says former Delray Beach Mayor Shelly Petrolia, who was in office when the new program was approved.

“Even though we could have arrested somebody because they were breaking the law, nobody really wants to do that,” Petrolia said. Absent making arrests, that left the city only with options like warning violators or putting up signs alerting people to prohibited activities, she said.

“Now it’s going to be something in line with what the penalty should be.”

Petrolia said the city adjusted the rules because of complaints to her office, commissioners and police, mostly about excessive noise. She said near-downtown residents were being disturbed in their sleep by commotion coming from eateries such as The O.G. and Tin Roof.

According to the city’s Code of Ordinances, there will be ramifications for any person who makes, continues or causes “unreasonably loud” noise, such as from dogs or birds, loading and unloading, construction and vibration. Citations may be issued to “continued or repeated violations,” the city’s website says.

“I don’t think that people are out there to break the rules. I think that it’s more of an issue that the rules were not in a way that they could follow,” Petrolia said. “Now we have the ability to be able to show them when [the noise volume] is too high. And, if they continue to break [the rules], then they will get cited.”

While the rule against allowing dogs on the beach is a pet peeve of Goldstein, Petrolia said Goldstein’s desire to have a specific beach for dogs is not feasible in Delray Beach.

“We had that conversation with the commission years ago, determining whether or not we could section off a certain part of the beach and make it into a dog beach,” she said. “The problem with Delray Beach is we have one mile of beach that serves everybody, and it is a very popular beach. We determined that the beach is just not long enough to be everything to everyone.”

Petrolia encouraged people to be empathetic to others by remembering that not everyone is a dog lover. “People can be very wary of dogs. Also, the average beachgoer may have dogs as well, but chooses not to bring them down. They don’t want to have fecal matter or urine in the sand in which their kids are playing and digging.”

Although the offenses included in the program were already illegal, the rules can now be more strictly enforced.

“We want to make sure that people are following the rules of our city and not taking advantage,” Petrolia said. “We don’t want to do things that are an overreach, but we want to make sure that there will be no dogs on the beach for people that are expecting that.”

Some residents agree with the new program, such as Heidi Rabinowitz who has lived in Delray Beach on and off for about nine years.

“I think it’s a good idea to do something that’s a little gentler than actually being in legal trouble,” Rabinowitz said.
Rabinowitz said she is glad to have some control exerted over littering and that it will not only keep places looking better, but be better for wildlife.

“I’ve sometimes gone to the beach and picked up litter myself because it’s so much that I can’t relax,” she said. “It’s also unhealthy for animals who live there.”

Larry Barszewski contributed to this story.