Recently one of our readers reported that the Port Orange Police chased him and his young son from fishing on city owned property at the end of Spruce Creek Road It appears that the Police had responded to a complaint from a county resident at Bonks Landing. The Port Orange resident indicated that he was giving a stern warning and that he and his son may be arrested if they returned.
Apparently the former City Manager promulgated a No-Trespass regulation for this site. And directed No-Trespass signs to be installed on the site. At this time it is not clear if the Manager did so ‘on-a-whim’ or perhaps at the demand of a county resident(s) from Bonks Landing.
Nevertheless, this begs the question, does the City Manager have the legal authority to promulgate this type of regulation (prohibiting the public from using public lands) without the underlying authority of a ordinance or resolution of the governing body?
Other than appeasing a few county residents, hopefully someone on the city council can explain how prohibiting this man and his young son from fishing on city lands serves in the best interest of taxpayers of Port Orange.
At this point in time there appears to be no negative impact on the Public’s Safety; Public’s Health or Public’s Welfare with the public use of this site. And we recommend that the “No Trespass” signs be change to read “Property of Citizens of City of Port Orange —- No Littering”