Article from the paper today. If anyone has some suggestions on this Swimming vs. Diving issue, please pose or send me a message. We have a bunch of non-divers making the rules and they are using Dictionary.com as their sources for defining legal terms.
Boat ramp at Lake Denton Access Road to re-open
Diving allowed, swimming still prohibited
Kevin J. Shutt
Staff writer
Wednesday, May 07, 2008
AVON PARK - The Health Department last week cautioned that re-opening the Lake Denton boat ramp and charging for swimming, er, diving might be a violation of state law.
After further review of the newest Lake Denton ordinance that charges $25 per diver per day to access the coveted clear water, Health Department Environmental Health Director Frank Kruppa gave the county the OK to re-open boat ramp access.
"The county ordinance does not allow swimming at boat access points," Kruppa said, during a phone interview Tuesday.
Initially, his concern was that by permitting public swimming at Lake Denton, the county was bound by state law to meet certain requirements, such as regular water sampling and permanent facilities, and to obtain a permit from the Health Department.
But, in a letter to the county Monday, Kruppa said the county could move forward as planned.
"If circumstances should change," he wrote in his letter, "we will take the opportunity at that time to discuss what may need to be done."
Dictionary.com describes a "scuba diver" as a person who uses self-contained underwater breath apparatus to swim underwater.
Vickie Pontius, the county Parks and Recreation director, said the definitions of diving and swimming "certainly was a major discussion" in the past six months of advisory committee meetings.
"The divers do not think that's swimming," she said Tuesday afternoon. "They cut that up and split that up a bunch of different ways."
However, no legal opinion was sought on the definitions of diving and swimming, or if they're one in the same, Pontius said.
When the boat ramp at the business end of the Lake Denton Access Road opens at 8 a.m. Saturday, boaters will have free access to the lake, parking will be limited to eight spots and swimming is prohibited.
Divers, however, will be allowed to enter the lake via boat or by wading into the water from the boat ramp. Either way, they pay the $25 fee.
The fee applies only on weekends and three holidays - Memorial, Labor and Independence days, during the summer swim season, Memorial Day through Labor Day.
The boat ramp will be open year-round, with free access Monday-Friday.
The ordinance doesn't prohibit diving from private property, permitted beaches or from a second, less-used and still free public boat ramp near a phone company office.
Pontius has been clear in noting throughout the process since the commissioners closed this boat ramp access that Saturday's re-opening is a short-term solution.
The Lake Denton committee will continue to pursue a more permanent fix.
The county commissioners' goal was to address concerns of lawlessness and public health issues at the boat ramp, making the popular dive site healthy and safe.
In what Pontius called a "win-win" outcome, the Lake Denton Baptist Camp next to the public boat ramp has enjoyed increased business.
While the ramp has been closed, divers have been paying the $10 fee to the camp to use its facilities, which include a bath house, picnic facilities and permitted swimming area.
Other divers, she said, have begun using Lake Tulane in Avon Park.
"We hope it's successful," Pontius said. "We've tried to account for all situations that may arise."