DIVISION 2. - VEHICULAR ACCESS FEES

Sec. 20-201. - Findings. The county council finds that it has authority to levy a uniform, reasonable motor vehicular beach access fee for services permitted by law with a direct beach purpose; that such services are to a large extent necessitated by the use of automobiles on the beach; that it is necessary to exercise such authority in order to provide beach services; that the beach is also used by others who do not enter by means of a vehicle and that a motor vehicular access fee may not cover all the expense of beach services; that, even after other beach revenues are considered, it remains necessary to use taxes for beach services; and that because of the use of tax revenues it is appropriate to distinguish between users of the beach who by their taxes have already borne part of the costs of beach services and those who bear the costs only through the payment of fees imposed by virtue of this chapter. (Ord. No. 87-36, § 7.00, 11-16-87; Ord. No. 89-6, § I, 3-16-89; Ord. No. 94-23, § I, 12-15-94) Sec. 20-202. - Daily fee. Except as otherwise provided in this division, on every day of the year that the beach is open to vehicular access, all motor vehicles entering the beach are subject to a $10.00 vehicular access fee which allows for a single entry to the beach and one same-day re-entry. Residents of Volusia County providing proof of bona fide permanent residency as set forth in subsection 20-203(c) shall be admitted without paying the vehicular access fee from December 1 to January 31. (Ord. No. 87-36, § 7.01, 11-16-87; Ord. No. 88-12, § I, 5-5-88; Ord. No. 88-19, § I, 7-7-88; Ord. No. 89-6, § I, 3-16-89; Ord. No. 89-34, § 5, 8-25-89; Ord. No. 92-8, § V, 5-21-92; Ord. No. 93-22, § I, 12-9-93; Ord. No. 95-15, § IV, 4-20-95; Ord. No. 95-26, § I, 6-1-95; Ord. No. 95-39, § I, 9-21-95; Ord. No. 97-2, § I, 2-6-97; Ord. No. 2015-01, § I, 1-22-15) Sec. 20-203. - Annual passes; vehicular approaches. modified (a) An annual pass may be used for motor vehicular access to the beach at no less than 15 vehicular approaches on weekends and 12 vehicular approaches on weekdays. (b) The county manager, or designee, and/or the beach director may temporarily reduce the number of ramps available if warranted by weather, environmental, beach, tide, or ramp conditions. In addition, the county manager, or designee, and/or the beach director shall have sole discretion to make changes to ramp locations on the beach when in his/her opinion such changes are necessary and important, and should be timely made to ensure public safety or convenience. (c) The charge for such annual pass to the owner of the vehicle shall be $25.00 for a bona fide permanent resident of the county demonstrating proof of such residency and to owners of property on the most recent tax roll furnishing proof of identification. For all others, the charge shall be $100.00. The annual pass provided for under this section must be affixed to the driver's side of the windshield, or on the driver's side of the body of a vehicle without a windshield in a location readily visible and accessible, within arm's reach of tollbooth operators, of each vehicle for which a pass is purchased prior to entry to the beach. (d) Annual passes may not be used by vehicles for hire. A vehicle for hire means any motor vehicle let or rented to another for consideration, offered for rent or hire as a means of transportation for compensation, advertised in a newspaper or generally held out to be for rent or hire or used for transporting people for compensation, but shall not include low-speed vehicles, golf carts or motorcycles powered by a motor with a displacement of 50 cubic centimeters or less as defined in Florida Statutes. Low-speed vehicles, golf carts or motorcycles powered by a motor with a displacement of 50 cubic centimeters or less that are offered for hire may be issued an annual pass for a charge of $100.00 per vehicle as set forth in subsection (c) above. (Ord. No. 87-36, § 7.02, 11-16-87; Ord. No. 88-12, § I, 5-5-88; Ord. No. 89-6, § I, 3-16-89; Ord. No. 94-23, § II, 12-15-94; Ord. No. 95-14, § I, 3-23-95; Ord. No. 95-39, § I, 9-21-95; Ord. No. 02-03, § I, 1-17-02; Ord. No. 2015-01, § II, 1-22-15; Ord. No. 2016-08, § IV, 4-7-16) Sec. 20-204. - Exemptions. The following vehicles shall be exempt from the provisions of sections 20-202 and 20-203: (1) Vehicles which have been issued, under the provisions of F.S. §§ 320.0842, 320.0843 or 320.0848, a free license plate or exemption entitlement parking permit displaying the internationally accepted wheelchair symbol, or which under the equivalent provisions of the law of any other state or country have been issued and display a license plate or parking permit displaying such symbol. (2) Vehicles having under the laws of this or any other state a disabled veterans (DV) license plate. (3) Governmental and emergency vehicles of all types when in the course of official duty. (Ord. No. 87-36, § 7.04, 11-16-87; Ord. No. 88-12, § I, 5-5-88; Ord. No. 89-6, § I, 3-16-89; Ord. No. 94-23, § III, 12-15-94) Sec. 20-205. - Use of proceeds; review of fees. The proceeds from the fee imposed by this article and from the sale of season passes shall be considered a beach revenue and shall be expended solely for direct purposes provided by law. Two dollars of the daily vehicular access fee and each annual pass shall be used for capital improvements only, the amounts of the fee and annual pass shall be reviewed annually during the budget process to ensure that they are in compliance with the requirements of the Charter and of applicable law. At least every five years, the county council shall review the vehicular access fees in a public meeting. (Ord. No. 87-36, § 7.05, 11-16-87; Ord. No. 88-12, § I, 5-5-88; Ord. No. 89-6, § I, 3-16-89; Ord. No. 93-22, § I, 12-9-93; Ord. No. 94-23, § III, 12-15-94; Ord. No. 2015-01, § III, 1-22-15) Secs. 20-206—20-230. - Reserved.