ARTICLE II. - RECREATION AND OPEN SPACE AREAS
Part of the Code of Ordinances of Tiverton, RI.
The text
Sec. 54-26. - Penalty for violation of article.#
Any person violating the regulations of this article may be punished, upon conviction, in accordance with section 1-7.
(Ord. of 10-22-18)
Sec. 54-27. - Commission authority for rules regarding maintenance and general operation.#
The recreation commission, and open space and land preservation commission are hereby authorized to make rules and regulations, subject to the approval of the council, concerning the hours of operation, maintenance and general operation and use of their respective areas as specified in section 54-28.
(Ord. of 10-22-18)
Sec. 54-28. - Designated areas and responsible commissions.#
Town areas and responsible commissions governed by this article include: (1)
Recreation commission.
Fort Barton School recreation area;
Pocasset School recreation area;
Bayview recreation area;
Bulgarmarsh recreation area;
Florence Street recreation area;
South Field;
Town Farm recreation area;
Fogland Beach recreation area (town-owned land on south and west side of Three Rod Highway);
Grinnell's Beach;
All public rights-of-way to coastal waters, including but not limited to State Street and Jack's Island beach access.
(2)
Open space land preservation commission.
Fort Barton and the Sin and Flesh Brook Natural Areas;
Highland Woods (managed with Fort Barton, in cooperation with the Tiverton Land Trust);
Weetamoo Woods;
High Hill Point Beach Access (gifted Chaves lot);
Pocasset Ridge Conservation Area (owned and managed cooperatively with the Tiverton Land Trust and The Nature Conservancy in Rhode Island);
Fogland Beach Conservation Area (Town owned land on north and east side of Three Rod Highway of parcel 803-102 (Re: Civil Engineering Concepts recorded survey plan of November, 2010).
(3)
Any future property acquired by the town to be reserved for public use as open space or recreation shall be managed by the applicable commission.
(Ord. of 10-22-18)
Sec. 54-29. - Posting of rules and regulations.#
Posting of rules and regulations shall be done by the commission responsible for the facility or area.
(Ord. of 10-22-18)
Sec. 54-30. - General rules applicable to all recreation and open space areas.#
The following rules apply to all town recreation, conservation, and open space areas: (1)
No person is permitted in the areas when closed, except by special permit.
(2)
The areas are closed sunset to sunrise, except for:
a.
Those actively fishing on Fogland and Grinnell's Beaches.
b.
Those areas lighted for nighttime use, which shall be closed when the lights are extinguished, not to exceed 10:00 p.m.
(3)
Glass containers and bottles are prohibited.
(4)
Possession or consumption of alcoholic beverages is prohibited.
(5)
No motorized vehicles are allowed, except in areas designated for access, or parking.
(6)
No littering or trash disposal. Where provided, trash receptacles will be used only for refuse generated on the premises.
(7)
No overnight camping or open fires are permitted, except by special permit of the town council, subject to recommendation from the fire chief.
(8)
There shall be no removal of nor disturbance to vegetation, soil, stones, signage, structural improvements, or any object or material that is intrinsic to the sites, including historic or archeological artifacts, unless authorized by the responsible commissions.
(9)
In accordance with town Code, chapter 10, where dogs are permitted they shall be kept on a physical leash and under restraint at all times. (See sections 54-31 and 54-32 below for permitted areas and specific rules in open space areas.)
(10)
Exceptions to subsections (1), (2), (5) and (8) of this section are authorized for town officials or employees in conjunction with the care or security of these areas.
(Ord. of 10-22-18)
Sec. 54-31. - Additional rules for open space areas.#
The following rules apply to all town open space areas administered by the open space and land preservation commission: (1)
No hunting or trapping is allowed except by special permit from Rhode Island Department of Environmental Management (RIDEM), and subject to concurrence of the open space commission. Bow hunting of deer is permitted only in the Pocasset Ridge Conservation Area, as regulated by RIDEM.
(2)
Horseback or bicycle riding is permitted only in Weetamoo Woods and only on marked trails.
(3)
Smoking is not permitted.
(4)
Dogs are not permitted in the Pocasset Ridge Conservation Area. Dogs are permitted at the Fogland Beach Conservation Area only in off-beach season (Columbus Day to April 30) but must be restrained to prevent damage to the fragile dune system. Dogs are allowed on marked trails of all other town open space areas, but must be under positive control. Positive control means the dog is either on a physical leash, or under voice command and within sight. If not leashed, a leash must be carried by the person controlling the dog to be used with encountering other hikers and dogs.
(5)
No motorized vehicles are allowed in open space areas outside of the trailhead parking lots, with the exception of vehicles used for emergency access and official stewardship activities.
(6)
No metal detectors, paint ball guns, off-trail geocaching, competitive field games, or any activity that would disturb the quiet enjoyment of others are permitted.
(7)
Public use of the Fogland Beach Conservation Area shall be restricted to activities that will not damage the salt marsh ecosystem or beach dunes. Passage is limited to foot traffic on established pathways, i.e. no "trailblazing." Normal beach activities (sunbathing, swimming, fishing, shell fishing, picnicking, kayaking, canoeing) are allowed along the shoreline, outside of the vegetated salt marsh and beach dune areas.
(8)
Firearms are not permitted except by those allowed to do so by permit.
(Ord. of 10-22-18)
Sec. 54-32. - Additional rules for recreation areas.#
(a)
All recreation areas:
(1)
No pets or domesticated animals are allowed at any recreation area, except as permitted on beach areas and all other recreational areas as described below.
(2)
No golfing.
(3)
No motorized vehicles of any sort.
(b)
Fogland Beach and Grinnell Beach:
(1)
Fishing shall only be permitted at any time in areas specified by signs posted on-site by the town administrator after consultation with the Rhode Island Saltwater Anglers Association.
(2)
Bathing shall be allowed up to one hour after sunset in areas specified by signs posted on-site.
(3)
Vehicles used in connection with fishing must park in designated parking areas.
(4)
Animals are permitted only off-season (from October 1st to April 30th) and must be on physical leashes.
(5)
Any domesticated animal used by any law enforcement agency in connection with their official duties, including sworn canines, are allowed.
(6)
Lifeguards on duty during beach season may order swimmers out of the water during inclement weather or dangerous swimming conditions. They may also order off the beach any person who violates posted beach rules, and shall notify the Tiverton Police for enforcement, if necessary.
(7)
Special rules may be adopted for public use of Grinnell's Beach - Stone Bridge abutment, as approved by the town council and posted on-site.
(c)
Fishing in non-designated areas:
(1)
Any person found to be fishing in a non-designated area shall be subject to the following fines:
a.
First offense: $50.00 .....
b.
Second offense: $100.00 .....
c.
Third offense: $250.00 .....
(Ord. of 10-22-18; Ord. No. 2025-0005, 4-21-25)
Cross reference— Beaches, § 50-1.
Sec. 54-33. - Special uses or group activities in recreation or open space areas.#
Any request for use by a group, association, non-town organization, of a building, facility, recreation or open space area, for activities that are not addressed in these regulations shall be in writing to the responsible commission. The commission response shall also be in writing, copy to the town administrator. If deemed necessary, the commission may refer the request to the town administrator for possible referral to the town council.
(Ord. of 10-22-18)