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management plans to ensure the safety and enjoyment of the Beach <br />for visitors. <br />2. The governing boards of the City of Flagler Beach and the Towns of <br />Beverly Beach and Marineland acknowledge the public's right to <br />Customary Use of the Beach within their respective jurisdictions and <br />support the application of this Ordinance within their municipal <br />boundaries. <br />E.) Authority to Adopt Customary Use Ordinance <br />1. Art. VIII, §1(f) of the Florida Constitution grants non -charter counties <br />the power of self-government and authorizes the Board to enact <br />ordinances not inconsistent with general or special law. <br />2. Section 125.01 (1), Florida Statutes, provides the Board with the <br />power to carry on county government consistent with law, and <br />Section 125.01(3)(b), Florida Statutes, states that the provisions of <br />that section shall be liberally construed in order to secure for counties <br />the broad exercise of home rule powers. <br />3. The Board conducted a Workshop on April 16, 2018 to hear, discuss, <br />and consider the issues raised by this Ordinance. <br />4. The Board held duly noticed public hearings on May 7, 2018 and <br />May 21, 2018, and June 4, 2018 and approved this Ordinance. <br />F.) Legislative Intent <br />1. The Board finds as a legislative fact binding on the County government: <br />that the Beach is a treasured asset of Flagler County, vital to quality of <br />life for residents and visitors, the primary attraction of tourists to the <br />County, and a critical component of the County's economic <br />development; that since time immemorial, the public has enjoyed access <br />to the Beach and has made recreational use of the Beach; that such use <br />has been ancient, reasonable, without interruption, and free from <br />dispute; and that because of this customary access and use, the public <br />has the right of access to the Beach and a right to use the Beach for <br />recreation and other customary purposes. <br />2. The Board further finds that the Beach is and should be managed as a <br />linear public park open to all the people. <br />3. The Board has a significant and legitimate government interest in <br />ensuring public access to, and Customary Use of, the Beach, and the <br />provisions in this Ordinance are narrowly tailored to achieve that goal. <br />4. At the same time, the Board acknowledges the fee simple interest of <br />Beach landowners and the right of those landowners to make any use <br />Page 8 of 11 <br />206 <br />