§ 8-58. Sleeping on municipal beaches in the nighttime prohibited.

(a)

Legislative intent. It is the intent of the city commission in the adoption of this section to preserve and protect the beauty of the city's public beaches since such beaches are invaluable natural assets which are held in trust by the city for recreational use by residents and visitors alike. The city commission has made the following findings in reaching the determination that sleeping on the city's beaches during nighttime hours must be prohibited:

(1)

The city's beaches are its most valuable natural asset.

(2)

The city's beaches are intended to be used solely for recreational purposes and are not intended to be used for sleeping during nighttime hours.

(3)

The city's economic well-being is substantially dependent upon tourism which is, in turn, dependent upon maintaining attractive and inviting beaches. Permitting persons to sleep upon the city's beaches during nighttime hours will negatively affect the appearance of the city's beaches;

(4)

Persons asleep on city beaches during nighttime hours are exposed to the risk of harm from others or from the elements.

(5)

Prohibiting persons from sleeping upon the city's beaches during nighttime hours will promote the public health, safety and welfare.

(b)

Prohibition. It shall be unlawful for any person to sleep on any public beach within the corporate limits of the city between the hours of 9:00 p.m. and 6:00 a.m. of the following day.

(Code 1953, § 28-53; Ord. No. C-79-12, § 2, 2-6-79)