DAYTONA BEACH, Fla. — Daytona Beach city leaders are moving forward with plans to potentially require fencing around retention ponds at apartment complexes and other multifamily developments following the drowning deaths of two young brothers.
Three-year-old Kashh and 5-year-old Elijah died after they were found in a retention pond following a missing-child report. Their deaths have renewed concerns about child safety and prompted city leaders to consider new requirements to prevent similar tragedies.
City Commissioner Dannette Henry has asked for an ordinance requiring fencing around ponds in multifamily developments.
“It’s our responsibility to act on things like this. We did not foresee a tragedy like this, but I can guarantee you that a tragedy like this will happen again,” Henry said during a city commission discussion.
Henry pointed to other communities that have adopted similar requirements, including Sanford, Seminole County, Orlando, Orange County, and some municipalities in Volusia County.
Daytona Beach is reviewing how other local governments regulate retention ponds before developing its own requirements.
In Orange County, fencing requirements can depend on the steepness of a pond’s slope, with steeper banks subject to additional protections.
One key question for Daytona Beach leaders is whether new requirements could apply to properties that have already been developed, rather than only new construction.
City Attorney Ben Gross said he would examine the legal issues surrounding that possibility.
“I think the ability that we have to apply them to existing properties can be defensible if we have a rational basis for requiring the fences,” Gross said.
The city will need to determine what requirements would apply and how they could be enforced before moving forward with an ordinance.
The deaths of Kashh and Elijah have had a lasting impact on the Daytona Beach community. Nearly 200 people gathered for a vigil to remember the brothers following the tragedy.
Henry said the city cannot undo what happened but can take steps to address safety concerns.
“We cannot go back. We cannot bring these little ones back, but we can show the community we care,” Henry said.
City leaders have not set a date for a vote on the proposed ordinance. However, every commissioner agreed that exploring potential pond-fencing requirements should be a priority.
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