ORANGE BEACH, Ala. – The Orange Beach City Council voted in an emergency ordinance that allows police to arrest and fine swimmers who ignore the double red flag warnings and venture into the Gulf.

But there was no provision made in the law regarding cooperation of condo developments which don’t follow the city’s recommendations on flags. The council suspended the rules in a regular meeting in Thursday which required unanimous consent for the emergency proposal.

“They’re only flying red flags, period,” Beach Safety Director Melvin Shepard said of the developments. “And when we put up double red flags they are still flying single red flags. The issue of trying to get all the people on board flying the same flag consistently across the beach is an issue in itself.”

Shepard says each day after he determines what warning flag to fly, he emails about 35 different individuals and businesses of what flags will be flying that day.

“The security at Brett-Robinson, the owners of Suncoast Realty, beach resorts and Ike’s Beach Service,” he said. “They’re the ones that maintain those beaches so they put up the appropriate flags.”

But, Shepard said, the companies are unwilling to fly the same flags as the city. There have already been several drownings including one on June 24. A Mississippi man, Eric Pye, went missing near the Phoenix 6 complex when public beaches were flying double red flags. His body has yet to be found.

“When I speak to them and ask them to put up double red flags they say ‘we can’t afford the extra flags on all those properties,’” Shepard said. “They just don’t do it and there’s nothing that mandates that they have to do it.”

Shepard said he also asked rental companies to pass out information about the flags to guests and ask them to be aware of the rules. He said he was told it would take too much time for the companies.

Last year, Shepard said, there were four double red flags days and 42 single red flag days. So far this year there has been only one double red flag day.

Councilman Brett Holk said the companies should at least have some information around their complexes warning guests about the dangers of the surf and changing conditions.

“It’s surprising that you get in the elevator in any of these condos and they don’t have in the elevator these flags,” Holk said. “Or even when you go out the doors to the beach you could have this in there is a sign that says ‘save a life. Yours or your friends.’

“To me it would be simple thing that the association could do. You’ve got to let people know somehow.”

City administrator Ken Grimes said the goal is to get the same flags flying all up and down the beach. But this law doesn’t yet require that.

“We’re working in that direction,” Grimes said. “We’re trying to educate people on their safety. So from the check-in desk to the elevator to places we know they are going to go, as far as the board walk and eventually out to those flags, I think that all becomes part of the consistency.

“There is consistency between the two cities and Gulf State Park. It’s evolving as we speak. Just as we talked about with Gulf Shores broadening it to their city limits not just their public beach. That’s part of where we’re heading.”

In Gulf Shores, complexes flying beach warning flags are required to fly the same flag as public beaches or fly no flags at all.

But for now the complexes in Orange Beach won’t be required to fly the same flags as the city. Mayor Tony Kennon says he hopes some meetings in the off season will lead to the consistency officials want.

“After the season is over and that’s when we can get everybody in a room together, all the management companies,” Kennon said. “That’s when we’ll start ascertaining as to whether we’ll get enough cooperation that it would continue to be on a voluntary work-together basis. Or do we again have to step in and regulate something that we shouldn’t be regulating.”

Kennon also brought up the possibility of exempting surfers. He says they are more experienced with rough surf and are tethered to a surfboard. The council declined to add any exemptions and would consider exemptions after the season.