News

By Dan Moffett

    Minutes before approving a much-anticipated beach ordinance, Ocean Ridge town commissioners inserted a few words into the new law that could complicate its enforcement.
    The commission decided to make it a violation for motorists to park, stop or unload at “beach access points” along Old Ocean Boulevard and A1A.
    Commissioner Richard Lucibella said that the addition was needed to keep traffic moving and prevent accidents. “Sooner or later, somebody’s going to get squished,” he said, and argued that other laws on the books prohibit motorists from stopping, so the beach ordinance merely underscores what’s already there.
    For police, however, the provision adds another gray area to an ordinance that also does not define a clear line between private and public beachfront property.
    Many town residents who use the beach pull up in vehicles on Old Ocean Boulevard and unload kayaks, coolers and family members. When the commission started debating new beach rules late last year, the idea was to rein in the bad behavior of nonresidents — not change the behavior of townspeople.
    The new regulation isn’t intended to restrict residents, several commissioners said during the Sept. 9 meeting. They said it would be left to police to decide what motorists to ticket and what motorists should be allowed to unload.
    “It comes down to the discretion of the Police Department,” Mayor Geoffrey Pugh said, “and that individual officer.”
    Police Chief Chris Yannuzzi said officers routinely make judgment calls when deciding how to deal with motorists at the beach access points.
    “It depends on the circumstance,” Yannuzzi said. “There’s always discretion.”
    Two former town commissioners, Terry Brown and Ed Brookes, criticized the crackdown on unloading. Brown said the town should go ahead and print tickets with his name on them because he was going to get ticketed.
    “This is petty and mean-spirited and you’re going to have a real problem,” Brown said.
    Brookes called the restriction “discriminatory” and said it will impact residents who don’t live on the beach but not those who do. He said “fear of getting a ticket” will keep residents away.
    Commissioner James Bonfiglio agreed with Lucibella that the restriction makes the beach ordinance consistent with other town laws.
    “It doesn’t add anything that isn’t already reflected in the code,” he said.
    Police also will have to use discretion in enforcing behavior on the beaches because the ordinance does not define a line between public and private land. The commission gave up trying because of the legal complexities. Town Attorney Ken Spillias said he will work with Town Manager Ken Schenck and Yannuzzi to develop an enforcement strategy to keep beachgoers off private property. “I want you to understand that it’s a little difficult for us to enforce this because there is no ‘quote-unquote’ line,” Yannuzzi said, “and I don’t think there can be.”
    The ordinance bans pets and glass containers on the beaches but allows alcohol.
    In other business:
    • On a 4-1 vote, the commission gave final approval to a revised rental registration ordinance. Vice-Mayor Lynn Allison voted no, saying the changes make the law ineffective at keeping track of renters in neighborhoods.
    The new version of the ordinance cuts fees for landlords and focuses more on property owners than tenants to avoid privacy concerns.
    • The fate of the troubled commercial strip at 5011 N. Ocean Blvd., may not be sealed just yet. Rob Sivitilli, son of owners Orlando and Lilianne Sivitilli, came to the commission meeting armed with an architect’s scale model of a new proposal to renovate the building.
    Sivitilli said the family is willing and able to spend as much as $250,000 “to make this property look like it’s brand new.”
    Allison said she would put Sivitilli on the agenda for the Oct. 6 meeting to hear details of the plan.