Signs in Delray Beach have been changed to show beach hours ending at dusk, not 11 p.m. Photo provided
By Larry Barszewski
Visitors to Delray Beach’s oceanfront are seeing a change in the city’s official beach closing time, which has gone from the previous 11 p.m. posted closing to dusk.
The city plans no crackdown on nighttime visitors. It’s just trying to protect itself from liability if someone is injured at the beach when no city crews are around and it’s hard to see where you’re going. The beach can be particularly dark because of lighting restrictions during turtle nesting season from March through October.
“The goal wouldn’t be to have no one on the beach after that, it’s just that it’s not on us,” Commissioner Rob Long said at the City Commission’s June 13 meeting, where staff was directed to make the change.
The city was sued last year by Antonio Oliveira, who claims he was walking from the beach toward a parking lot in September 2020 “when he tripped and fell over poorly maintained and uneven steps sustaining severe injuries and damages,” his suit says.
Commissioners at the meeting rejected a proposed settlement offer in the case, following City Attorney Lynn Gelin’s recommendation.
“This sort of brought to my attention that our beach doesn’t close at dark as all our other parks do, and therefore the city is liable for things that happen to our residents at the beach at night,” Long said.
Gelin said “the perfect scenario is the beach closes at dusk or when the lifeguards leave,” at 5 p.m. “In that case, if someone were to go to the beach after those hours and were injured, they’re proceeding under their own risk.”
Commissioners agreed the city’s signs should be changed and supported the dusk closing.
“I think 5 is a little early because people hang out and we don’t get dark until 8-8:15-8:30 right now,” Mayor Shelly Petrolia said.
But the city’s intent isn’t to shut down the beach at night.
“I’m not suggesting that if people are there after the posted hours, that they be arrested or anything like that,” Gelin said.
DDA appointments
Commissioners appointed four new members to the city’s Downtown Development Authority governing board June 6, amid rumors that a new commission majority was seeking to supplant current DDA Executive Director Laura Simon.
Vice Mayor Ryan Boylston, in a later email to one constituent, denied that allegation — and one that said the changes were being made to replace Simon with Commissioner Adam Frankel next year when he is term-limited from running again for the commission.
“I’ve heard plenty of rumors and conspiracy theories over the years — but this one takes the cake. There is zero truth to your allegations,” Boylston wrote to city activist Lori Durante.
It turns out the city itself may have been responsible for creating the impression that something sinister was afoot.
The DDA appointments were originally on the commission’s May 16 agenda, but were removed and pushed back to June 6, with the application period being extended. While the city provided information in April about the May selection date and a May 2 deadline to apply, City Manager Terrence Moore said that was done erroneously and that he always anticipated the appointments taking place in June.
In addition, there were two incumbents on the DDA board seeking reappointment who were among those to be considered in May, but their names were not brought forward in June because the city said they were not eligible due to term limits, having served two terms on the DDA board.
That guideline hasn’t been applied consistently in the past. Petrolia brought up instances in 2021 and 2022, where an incumbent with two terms on the board was allowed to be considered for reappointment. But Boylston pointed out instances in 2016, 2017 and 2018 where incumbents were not allowed to be considered because of term limits.
Six applicants were added after the previous May 2 deadline, and Petrolia said she would not vote for anyone who had not applied by May 2. She said it would not be fair to the applicants who met the original deadline, but Boylston questioned why it would be a bad thing to have more applicants to consider.
Only one of the four appointees selected June 6 came from the post-May 2 group. Those appointed are:
• Richard Burgess (nom-inated by Frankel, approved 4-1 with Petrolia opposed)
• Thomas Hallyburton (nom-inated by Long, approved 5-0)
• Cole Devitt (nominated by Boylston, approved 5-0)
• Brian Rosen (nominated by Commissioner Angela Burns, approved 5-0)
Beach yoga saga unresolved
Supporters of beach yoga classes, which have been put on hold while the city develops new policies for what’s permitted on city beaches, turned out again June 6 to urge commissioners to let the classes continue, for the physical and mental health benefits that yoga can provide.
But the idea of allowing classes with hundreds of participants for events like full-moon beach yoga classes, or even dozens for sunrise classes, concerned commissioners.
The supporters spoke during the public comment portion at the beginning of the meeting, but the commission discussion occurred long after they had gone.
“We couldn’t really respond to them with why this is being changed. First of all, they shouldn’t be out there in as large a group as they are, our city doesn’t allow it. … It never should have gotten to this level,” Petrolia said during commissioner comments at the end of the meeting. “It’s precedent that’s being set. If we allow for this, we allow for others, and we have to think about how that affects us moving forward. You can’t just say, only you guys, but not you and not you.”
If there is a solution, Petrolia said she’s not sure what it would be. Frankel said plenty of other groups want to use the beach, too.
“As a former member of CrossFit, they used to want to do beach workouts. My current gym, they want to do beach workouts,” Frankel said. “Everyone wants to do beach workouts, but if as you say, if you let one, you have to let everyone, and that turns into a problem.”
The issue came up again at the June 13 commission meeting, with the concerns about liability mentioned during the night beach closure discussion.
In other news, metal detectors are coming to Delray Beach City Hall for commission and other board meetings, because of a new state law that allows virtually any gun owner to carry a concealed weapon. One of the exceptions is at government meetings. So, while the city won’t be able to keep someone from bringing a gun into City Hall, it can keep the guns out of meetings of city boards.
City commissioners also approved on June 6 the $199,227 purchase of a 29-foot rigid inflatable boat for patrolling the Intracoastal Waterway, Lake Ida and the city’s 15-plus miles of canals. Officials said the boat is a “multi-use lower-draft boat suitable for patrolling canals as it doesn’t need deep water.” It will allow the Police Department to enforce the city’s sea wall ordinance, respond to boating accidents and address boating complaints such as speeding.
Comments