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(2) It shall be unlawful for any person to walk upon or otherwise traverse the dune areas of the Beach except when utilizing designated crossovers, provided however, that this provision does not apply to those engaged ingovernment permitted activity or activities otherwise authorized by law. (3) This Ordinance only authorizes the following activities by the public on privately owned beachfronts: swimming, fishing, hiking, bicycling, picnicking, shelling, surfing, sunbathing, kiting and building sand castles and other such sand objects. These and other traditional uses of the beach by the public shall be allowed at public beach parks. (d) Exceptions. (1) This Section shall not apply to individuals authorized by Federal, State, or local law to engage in activities otherwise prohibited herein, including, but not limited to, Sea Turtle Patrol, emergency responders, and those engaged in permitted dune restoration and flood control. (2) Notwithstanding anything in this Section to the contrary, the County Administrator, the Emergency Management Chief, the Sheriff, or their designees shall have the authority to temporarily close the entire Beach or any portion thereof for use by the public during storms or other emergency situations. (e) Violations of the provisions herein shall be punishable as provided for in Chapter 9 of this Code, provided however, that imposition of a penalty does not prevent the pursuit and issuance of injunctive relief. Section III. Codification and Scrivener Errors. Section 2 of this Ordinance shall be included and incorporated into the Code of Ordinances of Flagler County, Florida, as additions and amendments thereto, and shall be appropriately renumbered or re - lettered to conform to the uniform numbering system of the code. Scrivener's errors may be corrected as deemed necessary. Section IV. Judicial Review and Severability. A.) This Ordinance is subject to judicial review in the Seventh Judicial Circuit in and for Flagler County. In any proceeding in which a landowner challenges this Ordinance, the County may raise customary use as an affirmative defense. B.) If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Page 10 of 11 208