07/13/2010 (2) - Laserfiche WebLink

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Addressing Vice Chairman Solari's queries on whether the draft document would comply with the Rule of Law, Attorney Polackwich stated that as long as the Ordinance was enforced in a reasonable manner, the County would not run afoul of the law. He noted that he was more concerned about State preemption issues pertaining to saltwater fishing. Commissioner Wheeler opposed the draft Ordinance, declaring that the 500 -yard limit would virtually prevent any shark fishing at all, which was not his intent. He said that any type of fishing could potentially attract sharks, and stressed that he was solely looking for a tool authorizing public safety officials to request anglers to move if they were fishing near swimmers. Attorney Polackwich clarified that the intent of the draft Ordinance was not to prohibit shark fishing. Discussion ensued regarding the possibility of using the existing County Ordinance addressing the issue of "animal teasing" to regulate shoreline shark fishing. Chairman O'Bryan expressed support for the proposed Ordinance, but wished to amend it as follows: (1) scale down the 500 -yard distance to 300 yards, and (2) change the wording in Section 3 (3) (e) to either remove the "residential development" or add wording such as "concentrated residential development" so that single-family homes along a mile -stretch of beach would still be fairly remote. The Chairman opened the Public Hearing. Sheriff Deryl Loar affirmed that the Sheriff's Department would enforce any Ordinance adopted by the Board. He suggested the Board require permits for any shark fishing tournaments, so that the public, Board, and law enforcement would all be aware of the events. A legal opinion was sought and received from Attorney Polackwich regarding the Sheriff's suggestion on requiring permits for land-based shark fishing tournaments. 13 July 13, 2010