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South Padre Island Beach Vendor Ordinance
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South Padre Island Mayor Bob Pinkerton says the new beach vendor ordinance adopted May 16 2007 is a work in progress.
“We expect to be amending and updating as we go along,” he said.
 The first such ordinance was passed in August 1980. It prohibited all commercial activity on the public beaches within the town limits.
In 2002 the board of aldermen decided no sales could take place on the beach beyond the building line, and they also prohibited umbrellas on the beach between sunset and 9 a.m., unless the town had issued a permit for them.
The 2007 version regulates “shade devices and chairs on the public beach.”
Aldermen, beachgoers and vendors agreed the situation was out of control, and in need of regulation. The town spelled out the reasons for its latest version of what’s become known as the “umbrella” ordinance.
Vendors were renting umbrellas and chairs at locations where no arrangement had been made with the beachfront property owners. Disputes were common among vendors over who served what territory.
Beach visitors complained to town officials that vendors setting up chairs and umbrellas on the beach before the first renter showed up, just to claim the territory, had preempted the more desirable areas of the beach.
Then there is the matter of public-use beach easements. Beachfront properties in Texas can extend to the water’s edge, but a public use easement must be maintained.
This means vendors prohibited by the original ordinance from doing business on the “public beach” must transact rental agreements either in the water or on that portion the private property of the landholder that is free of the public use easement.
The new ordinance is considerably more detailed than previous attempts at regulation of the industry.
First, those who provide chairs and umbrellas for profit on the public beach must obtain a permit from the town.
Unoccupied chairs with umbrellas are limited according to how wide the beachfront property is—in effect, one setup for every 10 feet. Equipment must be marked to identify the holder of the permit. No chairs or umbrellas can be set up in areas of public beach access.
All equipment must be secured to prevent movement by high winds or water. This requirement could potentially be confusing because it is the last sentence in a paragraph that deals with securing equipment that has been removed from the beach in the event of a hurricane warning or extreme high tides.
According to town code enforcer Victor Baldovinos, the rule applies only to equipment removed from the beach for weather reasons—not to equipment on the beach ready for use.
No product or service other than the rental of umbrellas and chairs can be sold on the public beach. Vendors must wear nametags.
Only the property owner can apply for a permit, and he, in turn, contracts with a vendor for the area in front of his property. Permits will cost $100 initially, and then $50 for each annual renewal.
Each violation of the new rules carries a fine of up to $500.
Alderwoman Tara Rios-Ybarra said that fellow alderwoman Jo Ann Evans was the driving force behind the new ordinance.
Alderman Phillip Money said, “It’s a start. I think we may have a few problems with it as we begin to implement it, but with the basic ordinance on the books we can tweak it here and there to make it a good fit for everyone.”
Charlie Brommer, owner of Beach Services of South Padre Island, said, “It’s better than what we had. I’m glad the town finally did something about the situation.”
“We had to do something,” said Mayor Pinkerton. “We don’t allow business transactions on the public beach, and of course it’s not right for individual vendors to do business on someone else’s private property without their permission.”
“These vendors, properly regulated, provide an enhanced beach experience for people,” said Courtney Hayden.
By CARL PHILLIPS, Island Breeze
Learn more about South Padre Island by visiting our City Information page.
Learn about the current trends of the local real estate market on our Sales Statistics page. |
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Wednesday, July 11, 2007 2:34 PM | |
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