Swimming from bouy to beach not allowed .... WHY?

intsell · 08-23-2009, 08:05 PM

We stop in front haulover beach on saturday , after anchor the jetski (of course outside the buoys ) Me and wife get in the water to start swimming to the beach a patrol showed up and said that anchor you vessel and swimming to the beach is not allowed anywhere but didn't explain why . Any1 knows the reason .....

Iguana · 08-24-2009, 01:08 AM

Probably because they want you to pay the parking fee?

No seriously. That would be my guess.

That or people have drowned in the past doing that, so the County put the squash on the activity. Or the patrol boat could have been misinformed.

What kind of patrol was it? Coast Guard? Local cops? State cops? Beach lifeguard patrol? You could always ask the County and/or State for the exact statute that prohibits that activity. If they can not produce it then get that in writing. Laminate the piece of paper and keep it in your ski. If you get stopped again just say "well then give me the ticket - you do know the statute numbers don't you??"

Or just go to Monument Island, where you can swim into the beach all you want.

MiamiMark · 08-25-2009, 12:39 PM

Weird. I don't know why not. I haven't done it yet, but I've considered turning my PWC OFF at the buoys and then swimming to the beach WITH my PWC. Guess I can't do that, either??

Markmc · 08-25-2009, 12:58 PM

Sounds like some bull-shat to me

intsell · 08-25-2009, 06:33 PM

Quote:

Originally Posted by MiamiMark

Weird. I don't know why not. I haven't done it yet, but I've considered turning my PWC OFF at the buoys and then swimming to the beach WITH my PWC. Guess I can't do that, either??

Dont do that you may get arrest .
In my opinion it is bull shi... but it may have a point , If 25 % of people with boat stop on the water in front beaches and swim to shore when you look to the ocean from the beach you will see a bunch of watercraft .

Anyway I think you may be allowed to anchor anywhere you want out of the swim area and swim anywhere you like .... It is called swimming freedom ... LOL

intsell · 08-25-2009, 06:44 PM

Quote:

Originally Posted by Iguana

Probably because they want you to pay the parking fee?

No seriously. That would be my guess.

That or people have drowned in the past doing that, so the County put the squash on the activity. Or the patrol boat could have been misinformed.

What kind of patrol was it? Coast Guard? Local cops? State cops? Beach lifeguard patrol? You could always ask the County and/or State for the exact statute that prohibits that activity. If they can not produce it then get that in writing. Laminate the piece of paper and keep it in your ski. If you get stopped again just say "well then give me the ticket - you do know the statute numbers don't you??"

Or just go to Monument Island, where you can swim into the beach all you want.

I think it was a lifeguard patrol in a jetski with red lights , He was very nice and said that it is bulll****t but it is the law and .
Well about the plastic with the paper it may works however you may get in bigger problems , they can watch if you drink a couple beers or speed 2 miles over limit and then make your time miserable . As with the cops or any law department you'll always lose more than what you can win...

By the way yes monument Island is a good place as is the Haulover or Key Biscayne sand bar but I was just trying to go with my wife to spend time on this particular funny (clothes optional ) beach

Iguana · 08-26-2009, 07:21 AM

I would still inquire with the County and even the FWC for the actual statute numbers. If they exist, then the authorities will gladly send them to you.

The problem with SOME cops is that they make crap up. They think they know the law - even if they are not legislators, lawyers, or judges - but the fact of the matter is that they do not know half as much as they think they do. How many cops actually went to law school? I would suspect that the number of cops who have passed the Florida Bar Exam is pretty low. Otherwise they would be in a court room making far more money and not getting shot at by crackheads.

But the insist on making stuff up anyway, then spreading the misinformation to anyone who will listen. Including the lifeguards. Now since the lifeguards are there to save lives they probably do not know much about the law either - but they assume that if a cop says something is illegal it must be.

And to be honest, I know little about the law too. I only know the big things - a lot of the little details elude me.

So it may very well be illegal to swim into the beach. Or it may be legal but frowned upon. Who knows. But a simple email question to Miami-Dade County and/or the Florida Wildlife Commission will clear it all up once and for all!!

intsell · 08-26-2009, 11:18 PM

Quote:

Originally Posted by Iguana

I would still inquire with the County and even the FWC for the actual statute numbers. If they exist, then the authorities will gladly send them to you.

The problem with SOME cops is that they make crap up. They think they know the law - even if they are not legislators, lawyers, or judges - but the fact of the matter is that they do not know half as much as they think they do. How many cops actually went to law school? I would suspect that the number of cops who have passed the Florida Bar Exam is pretty low. Otherwise they would be in a court room making far more money and not getting shot at by crackheads.

But the insist on making stuff up anyway, then spreading the misinformation to anyone who will listen. Including the lifeguards. Now since the lifeguards are there to save lives they probably do not know much about the law either - but they assume that if a cop says something is illegal it must be.

And to be honest, I know little about the law too. I only know the big things - a lot of the little details elude me.

So it may very well be illegal to swim into the beach. Or it may be legal but frowned upon. Who knows. But a simple email question to Miami-Dade County and/or the Florida Wildlife Commission will clear it all up once and for all!!

I think you are right ... Im gonna try to get info so anytime it hapens again I can show it to the patrol and even if they won't allow me to swim still will be funny to see his face looking to a paper with plastic cover explaining the law ... It will make my day

Iguana · 08-27-2009, 01:27 AM

I asked a FWC officer if it was illegal to swim in to the beach from an anchored boat and he said "of course not".

He did add that there might be some County law that says you can not swim in, but as far as State law goes there is nothing preventing it.

And what if you have a problem? What if I am anchored just outside the swimming zone and the boat catches on fire? I can't swim to the beach? Well forget that noise - Ill swim to the beach and you can arrest me! Better than burning up, or drifting away in the tide!

The more I think about this the more I think it was just a case of a simple misunderstanding. I can not think of a time I ever heard you could not swim in. People do it all the time and we only send them back if they are Haitian.

intsell · 08-28-2009, 01:40 AM

Quote:

Originally Posted by Iguana

I asked a FWC officer if it was illegal to swim in to the beach from an anchored boat and he said "of course not".

He did add that there might be some County law that says you can not swim in, but as far as State law goes there is nothing preventing it.

And what if you have a problem? What if I am anchored just outside the swimming zone and the boat catches on fire? I can't swim to the beach? Well forget that noise - Ill swim to the beach and you can arrest me! Better than burning up, or drifting away in the tide!

The more I think about this the more I think it was just a case of a simple misunderstanding. I can not think of a time I ever heard you could not swim in. People do it all the time and we only send them back if they are Haitian.

Dude Im gonna be out next weekend and try again cause I agree with you guys it is stupid that you are not allow to swim to the beach . . Im gonna take the advices and check with Dade county . There is already too much restrictions like the stupid Biscayne park Jetski not allowed .
You got a good point with the boat on fire ,I hope never find in a situation like that cause you got to swim miles away from you vessel and then swim to the beach ... LOL