Editor’s note: Anna Maria Mayor Mark Short informed The Islander on Sept. 16 that he vetoed the emergency ordinance on Sept. 15. Short wrote in an email, “The ordinance as approved by the Commission provided for inconsistent enforcement and would be impractical to enforce by the MCSO and City code enforcement personnel.”
Anna Maria’s post of “no swimming” at Bean Point is now in the code book.
But residents do not need to worry about losing access to the water at the north end.
City commissioners unanimously voted Sept. 11 to approve an emergency ordinance prohibiting people — not including owners and guests of homes with riparian rights in the area — from swimming in the waters off Bean Point.
The no-swim zone runs along the beach from the Fern Avenue beach access to the city’s northernmost beach access between 831 N. Shore Drive and 833 N. Shore Drive.
The measure comes in response to two water-related deaths in those waters in August.
A 45-year-old man was pulled under by rip currents on Aug. 9 while swimming off Bean Point and later died at a Bradenton hospital.
Then, Lakeland resident Abhigyan Patel, 20, disappeared while swimming off Bean Point Aug. 31. His body was found Sept. 1 a mile west of AMI.
The city acted over the first week of September, when it installed “No Swimming” signs along the shores of the area and began enforcing swimming prohibitions in the area.
However, until the Sept. 11 meeting, the no-swim zone was not reflected in city code.
Mayor Mark Short presented the emergency ordinance to city commissioners. He said it would last 60 days, over which time the municipality would work with Manatee County to come up with a permanent solution.
The emergency ordinance prohibits “swimming, floating, rafting, paddleboarding, kayaking, or other similar water-based activities” in the area, but allows for fishing and wading in water up to knee depth.
The penalty for violating the ordinance is a noncriminal municipal infraction.
A few public speakers objected to the blanket prohibition.
Sydney Buckley, vice president of Anna Maria-based Tangerine Group, voiced support for the safety measure, but said allowances should be made for residents.
She said that, as a real estate agent on the island, the prohibition would be a “major factor” when considering the sale of properties in the no-swimming area.
Resident John Dicks said the action would be a classic example of a “taking” of property rights and would open the city up to legal claims under the Bert Harris Act.
He asked city commissioners to reconsider what he called a “knee-jerk reaction” and add an exemption for property owners with riparian rights in the no-swim zone to access the water.
Dicks said the problem is related to uninformed island visitors, not residents, who know how dangerous swimming in the waters at Bean Point can be.
City attorney Becky Vose said that if the action did result in Bert Harris claims against the city, settlements with involved property owners could be easily resolved — likely by allowing them access to the waters in the no-swimming area.
She recommended implementing an exemption into the emergency ordinance for owners and guests of property — other than vacation rentals — with riparian rights along the designated area.
Commissioner Gary McMullen moved to approve the emergency ordinance, with Vose’s recommended changes.
Commissioner Christopher Arendt seconded the motion, which passed.
The city commission will meet next at 5:01 p.m. Thursday, Sept. 25, at city hall, 10005 Gulf Drive.