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Section 4, J?age D-l
Biloxi-Gulfport, Miss., Wednesday, September 9, 1981
Beach controversy
Bay council adopts ordina
EDITH BIERHORST BACK Bay Bureau Chief
After weeks of controversy and threats of citizen lawsuits, the Bay St. Louis City Council Tuesday adopted an ordinance prohibiting construction on the beach without explicit approval of the council.
The ordinance, the fourth version presented in as many weeks, was adopted on a 3-2 vote. It still faces the possibility of a mayoral veto.
A week ago, after objections that earlier versions provided ?an exemption for the residen-tial-zoned property adjoining the Bay Bridge but did not offer the same exemptions for the Bay-Waveland Yacht Club and the American Legion property adjoining the Legion pier, those properties were added to another revision.
Mayor Larry J. Bennett reported that there were beach residents who threatened that if these exemptions were included, the city could expect litigation from others not granted the same privilege.
District Two Councilman James Thriffiley III presented the revision adopted Tuesday. The ordinance declares that any structure erected in resi-
In another action related to . the beach road, the council \ agreed to stronger enforcement
-	of parking restrictions on the ' residential side of the _ boulevard. A number of residents had complained of i parked cars blocking their driveways.
Bennett told the council he would instruct police officers to
*	ticket or tow cars illegally parked, and ?no parking? signs would be installed this week.
dential-zoned areas of the beach is a public nuisance, its owners subject, to $100-a-day fine for violations.
The only exemption is granted to the central business district?s beachfront, extending from the Louisville & Nashville Railroad track north to State Street. Any requests for exemption to the ordinance would require specific approval from the council.
Aaron Adams, representing the yacht club, registered strong objections to the ordinance which does not exempt the club's property in Cedar Point.
?We object because it prohibits the yacht club from building even a fence post or a sunfish r^ck without coming back to you for specific exemptions to the ordinance,? Adams said.
This provision, he said, would delay any construction planned by the club. ?The yacht club is a business, and we ask the same consideration of the business district.?
Also objecting was Henry Prevost of the American Legion, which owns beach lots on each side of its pier at the foot of Washington Street, zoned
residential. "It would mean we couldn?t build,? Prevost said.
, Adams also protested that the i ordinance did not appear on the I agenda, but was brought up near the end of a long meeting. I While ?beach front problems? did appear, the discussion dealt I with parking problems.
Thriffiley presented tne ordinance, which he said he was ?taking my motion off the table,? where it was placed at the last meeting.
The ordinance was adopted, with Council President Wilmer Seymour and District Four Councilman Sheldon Seuzeneau voting nay. Bennett has ten days to decide whether to sign or veto the ordinance.
The fence erected around six lots adjoining the Bay Bridge which opened the controversy last month, was not mentioned, i New Orleans musician Pete Fountain had his property enclosed with the chain-link fence, reportedly as a protection against trespassers who might be harmed and hold him liable.
Thriffiley said the new ordinance will not affect the Fountain fence, since at the time it was constructed the ordinances governing beach con-
struction were declared by the
?	city attorney to contain technical errors and thus void. **
?Anything up already stands,? Thriffiley said, "and ? we couldn?t say whether the fence was legal or not.? However, ?the building inspector needs to examine the setback ? , requirements, to see if the I fence satisfies these. The inspector could notify the proper- r-ty owner to make a minor correction, and I believe he is will- * ing to cooperate 100 percent.?
The fence, which stirred anger among a number of residents, is built within two feet of the edge of Beach Boulevard. The building code requires a setback from the road of at least 40 feet, Thiffiley said.