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--- (2) --- State Law reference— Town's responsibility for bathing areas, G.L. 1956, § 23-22.5-11.
DIVISION 1. - GENERALLY#
Sec. 82-21. - Bathhouse facilities; required use; fees.#
(a)
It shall be unlawful for any person to undress or take off clothes, wraps or coverings of any kind from over bathing attire, on any beach or bathhouse property owned by the town unless such person has paid the regular fees charged by the town council for the admission to the beach and for the use of the bathhouse facilities.
(b)
No person shall change from his clothes to a bathing suit, or from a bathing suit to other clothes, on any of the beach property owned by the town unless inside one of the structures provided for such purpose by the town council.
(c)
No person who has not paid the regular fees charged for the use of the beach and bathhouse facilities shall be admitted to the bathhouse or the beach from any public highway while clothed in bathing attire.
(Code 1986, § 4-16)
Sec. 82-22. - Eating, drinking and picnicking.#
It shall be unlawful for any person at any time to eat, drink or picnic on the beach or bathhouse properties of the town or in or about the buildings thereon, except in the place provided and designated for that purpose by the town council.
(Code 1986, § 4-17)
Sec. 82-23. - Littering.#
It shall be unlawful for any person to throw or leave upon the beach belonging to the town or on or about the buildings thereon, except in containers provided by the town council, any filth, offal, papers, food particles, glass, bottles or other rubbish.
(Code 1986, § 4-18)
Cross reference— Solid waste, ch. 62.
Sec. 82-24. - Horses prohibited during summer months.#
It shall be unlawful for any person to ride, exercise or lead a horse on the beach belonging to the town at any time between May 15 and September 15 in any year.
(Code 1986, § 4-19)
Cross reference— Animals, ch. 6.
Sec. 82-25. - Dogs.#
It shall be unlawful for the owner, a person in charge of a dog, or any other person to permit a dog, whether leashed, under control, wandering loose or otherwise, to be on the beach belonging to the town at any time between May 15 and September 15 in any year. Between the months of September 15 to May 15, dogs shall only be permitted on the town beach when they are either leashed or under the control of the owner or person having charge of such dogs. Any person violating the provisions of this section shall be deemed to be guilty of an offense.
(Code 1986, § 4-20)
Cross reference— Animals, ch. 6.
Sec. 82-26. - Access.#
The town council may fence such parts of the rights-of-way commonly known as Beach Row and Canonchet Road as border upon the beach property of the town and may, during bathing hours, close with gates the beach ends of such rights-of-way, and otherwise regulate ingress and egress to and from the beach property of the town by such rights-of-way, and other means of entrance in accordance with the provisions of chapter 764 of the Public Laws of 1939.
(Code 1986, § 4-21)
Secs. 82-27—82-40. - Reserved.#
DIVISION 2. - USE PERMITS#
Sec. 82-41. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bona fide resident means any person who has established legal residence in the town.
Taxpayer means any person owning property and paying local real property taxes of at least $800.00 to the town.
(Code 1986, § 4-36; Ch. 907, § 1, 3-16-2009; Ch. 910, § 1, 6-15-2009)
Cross reference— Definitions generally, § 1-2.
Sec. 82-42. - Required; issuance.#
(a)
Nontransferable permits for the use of the beach are required and shall be issued annually by the director of parks and recreation to all bona fide residents or taxpayers or a nonresident desiring admission to the town beach, upon payment of the fees required by the provisions of this division. Such applicant shall have the burden of proving such facts that will establish his status as a bona fide resident or taxpayer to the satisfaction of the director of parks and recreation.
(b)
Nontransferable permits for the use of the beach parking lots are required and shall be issued annually by the director of parks and recreation to all bona fide residents or taxpayers desiring admission to the town beach parking lots, upon payment of the fees required by the provisions of this division. Such applicant shall have the burden of proving such facts that will establish his status as a bona fide resident or taxpayer to the satisfaction of the director of parks and recreation.
(Code 1986, § 4-37; Ch. 907, § 2, 3-16-2009)
Sec. 82-43. - Fee.#
(a)
All bona fide residents or taxpayers or nonresidents of the town shall be admitted to the town beach at such times and at such places as shall be designated by the town council through the town manager upon the payment of an annual fee to the town. Ordinances establishing such fee are on file in the town clerk's office.
(b)
All residents of the town 62 years of age or over shall be issued an annual pass without charge to the town beach.
(c)
All fees collected by the director of parks and recreation under the provisions of this section shall be turned over to the finance department of the town daily for deposit.
(Code 1986, § 4-38)
Sec. 82-44. - Restrictions.#
(a)
The fee provided for under the provisions of this division shall not entitle a permit holder to have access to the cabanas, changing rooms, or lockers, all of which are available at additional cost and subject to additional restrictions. The town council may adopt policies, restrictions, and regulations relating to the rental of cabanas, changing rooms, and lockers, and the issuance of permits for access to the beach and the beach parking lots.
(b)
A business invitee or a houseguest of a bona fide resident or taxpayer shall not be covered by the resident's permit.
(c)
A permit holder shall be subject to all restrictions and regulations which have been or may be ordered by the town council through the town manager limiting the price and time for parking, or dealing with any other matter affecting the operation of the beach.
(Code 1986, § 4-39; Ch. 869, § 1, 1-3-2006; Ch. 907, § 3, 3-16-2009)
Sec. 82-45. - Suspension and revocation.#
A permit issued under the provisions of this division is a revocable privilege and may be suspended at any time by the town manager. Such suspension shall continue until the next regular or special meeting of the town council when the permit may be revoked or the suspension lifted at the pleasure of the town council.
(Code 1986, § 4-40)
Sec. 82-46. - Fraudulent or counterfeit passes.#
The manufacture, possession, distribution, and/or use of a fraudulent or counterfeit beach parking or access pass shall be expressly prohibited. Said manufacture, possession, distribution, and/or use of a fraudulent or counterfeit beach parking or access pass shall be considered a violation of this article and any person found in such violation shall be subject to a fine or penalties consistent with section 18-28 of this Code for each violation. Each day in which such violation shall continue and/or each fraudulent or counterfeit beach parking or access pass so manufactured, possessed, distributed, or used shall be deemed a separate offense.
(Ch. 907, § 4, 3-16-2009)
Secs. 82-47—82-60. - Reserved.#
DIVISION 3. - SAND DUNES#
Sec. 82-61. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Sand dune means an elevated accumulation of sand caused by wind action found immediately inland of an unvegetated beach face.
(Code 1986, § 4-51)
Cross reference— Definitions generally, § 1-2.
Sec. 82-62. - Finding of facts.#
The town council hereby makes the following finding of facts: (1)
Barrier beaches and their associated sand dunes are a limited and valuable natural resource in need of protection and careful management.
(2)
Barrier beaches and their associated sand dunes shield the biologically productive and valuable coastal wetlands and the low lying mainland from the ravages of coastal storms by absorbing and dissipating the energy of storm-driven waves.
(3)
The sand dunes shielding and protective function is enhanced by its height and stability which, in its natural state, is formed by beach grass which traps and anchors wind-blown sand.
(4)
Beach grass is an extremely hardy plant, but will not tolerate trampling or disturbance. Where beach grass has been altered or destroyed, unstabilized sand is exposed to wind and wave erosion, and the integrity of the sand dune is compromised.
(5)
The consequence of such alteration and destruction can or may be increased inland flooding and damage during storms.
For these reasons, and in order to implement its responsibilities to protect the coastal resources of the town, the town council finds it to be in the best public interest and welfare to adopt this division.
(Code 1986, § 4-52)
Sec. 82-63. - Pedestrians and vehicles prohibited; exceptions.#
Pedestrian or vehicular traffic across or on sand dunes in the town is hereby prohibited, except along marked stabilized trails or by boardwalks designed to prevent trampling of beach grass. No person shall walk or operate a vehicle across or on sand dunes in the town in violation of this section.
(Code 1986, § 4-53)
Cross reference— Traffic and vehicles, ch. 74.
Sec. 82-64. - Altering prohibited; exception.#
It shall be unlawful for any person to alter any sand dune in the town except where associated with an approved restoration or stabilization project, or where necessary to promote or protect the public welfare, and only if no significant damage to the coastal environment will ensue.
(Code 1986, § 4-54)