Unmannerly “mobs” descended on a previously lightly used beach in the Town of Palm Beach after coronavirus restrictions limited summer activities, and now residents are literally staking claim to their privately-held sand.

White plastic posts were planted last month on a stretch of beach north of The Breakers resort to distinguish between where beachgoers can be cited for trespassing and the area closer to the water where it’s OK to play. Some residents of the multi-million dollar mansions that adorn North Ocean Boulevard along an eight-block stretch between Sunset Avenue and Wells Road said since the pandemic began, the area has been awash with disrespectful visitors who leave trash, swig beers, smoke pot, swing in private hammocks and loiter near homes. The issue of who owns Florida's beaches was highlighted in 2018 when a new state statute said local governments need a judge's approval to enforce a rare "customary use" law that refers to the general right of the public to use dry sand areas of private beaches for recreation. It was aimed at Panhandle beaches where erosion had so eaten away sand that beachgoers had nowhere but private beach areas to sit. On wide beaches, the public use is typically not a problem, as there's plenty of room for everyone and people aren't setting up right against a private owner's home.

Posts in the sand at a beach in Palm Beach denote private beach ownership to the landward side of the post and public access to the ocean side.

      

Town to discuss the issue where Jon Bon Jovi recently built and sold a home

On Palm Beach, the area of concern is unique because it has three public entrances and nearby public parking but isn’t technically a public park.

“I have a magnificent property, over an acre of land that is valuable property, that is getting reduced in value because of what is going on with the mob that is coming over the bridges and taking advantage of our property,” said Palm Beach homeowner Robert Meister during an August Town Council meeting. “We need protection. We are frightened. We are scared of what is going on and it’s getting worse every day.”

The Town Council is holding a public meeting Monday to address beach access and public use of the stretch of sand where superstar rocker Jon Bon Jovi recently built and sold a home for $19.85 million. Most properties in the area of concern along North Ocean Boulevard have homes that are west of the road, but they still have ownership rights that extend onto the beach to what is called the “erosion control line,” or mean high water line.

Everything west of the line, which town officials said residents measured themselves for the installation of the posts, is private, while the public maintains access seaward of the mean high tide line.

“It’s not that we don’t want people coming to our town, but we are getting complaints that people are urinating in peoples’ yards, they are getting in their hammocks and they are going in their pools,” said Palm Beach councilmember Julie Araskog during the August meeting.

The angst over the unguarded beach along North Ocean Boulevard is emblematic of the town’s struggles to balance a growing mainland population with the privacy and order expected by residents in the wealthy enclave.

While the public can reach the beach along North Ocean Boulevard at access points on Wells Road, Dunbar Road and Sunset Avenue, a highly-used entrance at Root Trail is private. A notice listed at the public entrances says the Root Trail entrance is under review.

Initially, the white posts were linked by yellow rope and set up at the Dunbar and Wells road entrances to guide people to the public part of the sand. When turtle nesting season ended Nov. 1, residents relocated the posts parallel to the beach to denote what is public and what is private.

To reduce beach and transient traffic in the area, councilmembers approved new $5 an hour pay parking where it was previously free two-hour parking. People pay $5 an hour to park near Midtown Municipal Beach, Clarke Beach and Phipps Ocean Park Beach, which are all considered town parks.

“West Palm is becoming more and more heavily populated and it is pushing everyone over here,” said Palm Beach Police Chief Nicholas Caristo in August. “Parking is going to be the answer.”

In recent months, despite Tropical Storm Eta and weeks of easterly gales, Palm Beach has maintained a vast expanse of sand, including east of the plastic "no trespassing" poles.

Beachgoers on Wednesday said they were not concerned about the posts.

“If they’re going to spend $20 million on a home I guess they have the right to their property,” said beachgoer Anthony Sawaya. “It’s not a problem to me.”

Palm Beach’s Director of Public Works Paul Brazil said the white "no trespassing" posts are temporary and believes they will be removed shortly.

There have been recent disagreements in the county about beach access

Palm Beach County has had past disputes that left private beaches cordoned off. In 2015, residents at the Palm Worth condo building north of Kreusler Park put down yellow rope outlining the condo's private beach during an easement dispute. Condo owners also complained of homeless people camping near the dunes, kids playing soccer on the beach, fishermen, dogs, trash and alcohol in their beach area.

Two years ago, Riviera Beach’s Singer Island dealt with a similar issue when some condominium owners put out signs designating areas for residents only. People who lived on the west side of A1A and for decades had walked across the road to go to the beach were concerned they would lose access.

Riviera Beach City Councilwoman Julia Botel, who represents Singer Island, said she has a pile of paperwork a foot thick from the private beach tumult, but that the concern has since faded.

“Our beach is very wide and very accommodating,” Botel said. “We have so much good access that no one needs to go on private property.”