Sand Life Law

Judge John: Observations on laws that affect life at the Beaches

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New Year’s Eve. The Beaches traditionally draw revelers from near and far until the wee hours of New Year’s Day. While we opine that most will wish to ring out 2021 and ring in 2022, we encourage, as the former Jax Beach police chief liked to say, for visitors to “bring their manners when they cross the ICW.”

The fun of New Year’s seems to bring with it a host of opportunities to break the law at the beaches and elsewhere; some infractions are serious, while others are misdemeanors/annoyances. Probably the worst most common infraction is driving while under the influence of alcohol or drugs. Statistically, it is well known that there are a significantly greater percentage of arrests for DUI on New Year's Eve, inclusive of the early morning hours of New Year's Day, than on other days of the year. Sadly, drunken drivers are responsible for a significant number of New Year's Eve fatalities. A drunk driving conviction can change the life of the driver forever. Causing an injury to another while driving while impaired can change both lives forever. The astonishing fact about this most serious crime is that it is so easily preventable merely by planning in advance. Choose an alternative method of transportation, which methods are so readily available these days. Please plan ahead, and do not be a statistic.

At the beaches, the use of fireworks that shoot into the air is prohibited by law. For some reason, some people find particular delight in shooting off fireworks at the beach. While these can admittedly be beautiful, for those who reside close to the ocean, the all-night fireworks of the New Year's celebration are a significant nuisance. Judge John does not believe that he can deter people from the use of fireworks; however, we strongly encourage people to be as safe as possible to avoid injury. The emergency room is no place to visit on a crowded holiday weekend at the beach. We also encourage people to be courteous and to light off the fireworks only during reasonable hours.

Dedicated readers will already know Judge John's position regarding trash on our beautiful beaches. Unfortunately, like July 5th, January 1st is a day of shame on our spectacular natural wonder, our beaches. If given the opportunity, we would levy the maximum fine against those who litter. Unfortunately, our police officers have greater needs on their time than to ticket litterbugs. Please reader, do your best to pick up a little trash from our beaches each time you visit and encourage others to do so as well. For a real education on the tragedy of the effect of our garbage, especially plastics, on our environment, visit the amazing display at the Deck the Chairs festival which runs through New Year’s Day.

On a brighter note, one beach's celebratory tradition has no negative consequence — the New Year's Day polar plunge! This event was canceled last year due to Covid but hopefully will take place this year on New Year's morning. There will be nothing like a plunge in the cold waters of our beautiful Atlantic Ocean to wash away the last remnants of 2021! We hope to see you there.

We wish you a very Happy New Year, including celebrating without breaking the laws we have discussed above so that you and others will have a healthy and prosperous 2022.

Do you have any questions of law or custom that are of particular interest to those living the Sand Life on our beautiful island? Please submit them to Judge John for consideration for a future article.  john@rocksolidlaw.com

John Miller is the special magistrate for the City of Neptune Beach. His law firm, Rock Solid Law & Title, provides expert guidance in all areas of Estate Planning, Trust & Wills, Real Estate, Closings, Title & Escrow, and Small Business Representation. Rock Solid Law & Title has been serving the beaches community for over 30 years. 904-241-1113.