§ 5-11. Unlawful to swim, surf or wade in or refuse to leave the waters of the county or St. George Sound during an emergency.

(a)

No person shall swim, surf or wade in the waters of Franklin County described in subsection (d) of this section, nor shall any person fail to obey an order to come out of the water, to stay out of the water, and/or to keep a safe distance from the water during any time of emergency as defined herein.

(b)

This section may be enforced by any sheriff or deputy sheriff of the county, any person assigned by the State of Florida to Franklin County during an emergency, and having arrest power, and any member of the Florida National Guard called out and assigned to the county during an emergency.

(c)

Under this section an emergency is any period of time which is declared an emergency by the Governor of Florida, the Sheriff of Franklin County, the Franklin County Board of County Commissioners or its chairman, or the Franklin County Emergency Management Official or his assistant.

(d)

This section shall apply to the waters of Franklin County in the Gulf of Mexico and St. George Sound.

(e)

Violation of this section shall be prosecuted as a misdemeanor, and shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment.

(Ord. No. 95-15, 11-21-95)

Editor's note

Ord. No. 95-15, adopted Nov. 21, 1995, did not specifically amend this Code; hence, codification of substantive provisions of said ordinance as § 5-11 herein was at the editor's discretion.