|
Breaux vs. Miami Beach washes liability issues onshore
BY JEANNIE CARLSON
| Article published on Tuesday, May 10, 2005 |
|
 |
NORTH REDINGTON BEACH – Just when the town thought it was safe to let the public go in the water, along comes Breaux vs. Miami Beach.
“(The) Supreme Court says a municipality is liable for public swimming areas,” said Edwin Peck, town attorney, as he led the discussion at the April 14 Town Hall meeting on the town’s potential liability in light of a recent state Supreme Court decision.
In the Breaux vs. Miami Beach case, it was determined that because the municipality licensed concessioners and had metered parking generating income to the city, Miami Beach was liable for the safety of swimmers in public swimming areas.
Peck suggested the elimination of the profit factor to minimize North Redington Beach’s future liability in lieu of the precedent set by Breaux vs. Miami Beach. Currently the town licenses only two concessioners at $50 per annual license. This would be a negligible reduction in revenue to the town of $100 a year.
Another suggestion to reduce the town’s liability was signage. The prospect of riptide flags and warning signs at the beach access were contemplated. Possible wording for signs included, “Swim at your own risk. No lifeguard on duty” along with lightning warnings for tourists unaware of local hazards.
“The No. 1 injury on the beach is stingrays,” said Mayor Bill Queen.
The town is currently covered by a $100,000 liability insurance limit per person or $200,000 per incident.
Among new business, Lt. Bill Hagins of the Pinellas County Sheriff’s Office spoke to the commissioners. North Redington Beach is one of the Sheriff’s contract cities with 24/7 coverage. The deputies serve on three shifts and report to a sergeant.
Hagins assured commissioners that the Sheriff’s Office intends to “raise the level of accountability … telling what we do to your community.”
Hagins encouraged residents to report issues to Town Hall so that he could research and address problems. Hagins also stated that there would be more of a presence by the Sheriff’s Office at Town Hall meetings, monthly summaries of activities and an overall increase in communication.
Although North Redington Beach has a very low instance of crime, last month vehicle burglaries on Gulf Boulevard drew the attention of the department.
“The recovery of a cell phone resulted in three arrests,” said Hagins.
At the start of new business, Queen made a presentation to Henry Browning for his service on the Planning and Zoning Board.
During the undergrounding update, the mayor announced that the “poles will start to disappear next week.” Gulf Boulevard undergrounding is currently in the works.
|
Article published on Tuesday, May 10, 2005
Copyright © Tampa Bay Newspapers: All rights reserved. |
