The text
Footnotes:
--- (2) --- State Law reference— Authority to carry on beach and bathhouse business, and to acquire lands and issue bonds therefor, P.L. 1950, ch. 2580; authority of city to acquire land and interests therein for parks, recreation and conservation, P.L. 1968, ch. 225.
Sec. 40-51. - Indecent exposure.#
No person shall indecently expose his/her person while bathing or swimming in any of the waters of the city, or while loitering on any of the beaches or other bathing places of the city, or while passing to and from the beaches or other bathing places of the city, or while dressing or undressing for the purpose of bathing or swimming.
(Code 1971, § 13-33)
State Law reference— Local regulation of use of public parks, squares or grounds, G.L. 1956, § 32-3-1.
Sec. 40-52. - Use of vehicles for changing clothes.#
No person shall undress, dress, or change from any wearing apparel to bathing apparel or from bathing apparel to wearing apparel in any automobile or other vehicle parked within the city.
(Code 1971, § 13-35)
Cross reference— Traffic, ch. 76.
Sec. 40-53. - Swimming and bathing prohibited in sources of water supply.#
No person shall, for the purpose of swimming or bathing, go into the waters of any freshwater pond or stream within the city which is used as a source of water supply for the inhabitants thereof.
(Code 1971, § 13-36)
Cross reference— Water, ch. 82.
Sec. 40-54. - Legislative findings and intent.#
(a)
The use of tobacco for smoking purposes is being found to be increasingly dangerous, not only to the person smoking but also to the nonsmoking person who is required to breathe the contaminated air. A pervasive intrusion of the nonsmoker's right to unpolluted air space is the uncontrolled smoking on state beaches.
(b)
The city is committed to keeping its beaches clean, safe, healthy, and pleasant for everyone.
(1)
Smoking is hazardous to health and numerous studies have shown that secondhand smoke is a significant public health hazard.
(2)
Smoking in public places, including beaches, endangers children and others by exposing them to secondhand smoke.
(3)
The United States Environmental Protection Agency has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen.
(4)
The United States Centers for Disease Control and Prevention (CDC) has found that secondhand smoke causes children to suffer from lower respiratory tract illnesses, such as bronchitis and pneumonia, exacerbates childhood asthma, and increases the risk of chronic middle ear infection in children.
(5)
Discarding cigarettes butts, cigar butts, and tobacco waste on beach sand is unsightly, unclean, and particularly hazardous to small children who handle and sometimes ingest them.
(6)
Cigarette butts are the top pollutant on beaches and, if uncollected, may wash directly into ocean waters to the detriment of marine life and all ocean users.
(7)
Cigarette butts do not biodegrade and they contain 200 known poisons, 63 of which are shown to cause cancer.
(8)
Prohibiting smoking and the improper disposal of tobacco products on beaches under the jurisdiction of the city is necessary to protect the public health, safety, and welfare of all residents and visitors. The city intends, by the enactment of this chapter, to protect the health and atmospheric environment of the nonsmoker by regulating smoking on public beaches.
(Ord. No. O-16-15, § I, 7-9-16)
Sec. 40-55. - Definitions.#
As used in this chapter: (1)
Smoking or to smoke or smoke means and includes the inhaling, exhaling, burning; or
(2)
Carrying of any lighted smoking equipment or paraphernalia.
(Ord. No. O-16-15, § I, 7-9-16)
Sec. 40-56. - Smoking prohibited on public beaches.#
(a)
No person shall smoke a cigarette, cigar, or other tobacco-related product on, or within 20 feet of any beach under the jurisdiction of the city. Signs giving notice of the prohibition and stating that police will take notice shall be posted along the beach and in the areas of approach to the beach.
(b)
No person shall dispose of cigarette butts, cigar butts, or any tobacco-related waste on, or within 20 feet of any beach under the jurisdiction of the city. Signs giving notice of the prohibition and stating that police will take notice shall be posted along the beach and in the areas of approach to the beach.
(c)
Every person convicted of a violation of subsection (a) or (b) of this section shall be guilty of a misdemeanor and subject to a mandatory fine of not less than $150.00 nor more than $300.00 upon a first conviction; by a mandatory fine of not less than $300.00 nor more than $400.00 upon a second conviction; and by a mandatory fine of not less than $400.00 nor more than $500.00 upon a third or subsequent conviction.
(d)
The court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that any person convicted of a violation of subsection (b) of this section, pick up litter on, or within 20 feet of any beach under the jurisdiction of the city for not less than eight hours.
(e)
Any person convicted for a violation of this section may, upon a showing that payment of the total fine would pose a hardship on the defendant or his or her family, be sentenced to perform public community restitution on any beach within the jurisdiction of the city in lieu of the total fine that would otherwise be imposed.
(Ord. No. O-16-15, § I, 7-9-16)
Sec. 40-57. - Enforcement.#
If any provisions of this article are inconsistent with any other city ordinance, the terms and provisions of this article shall control.
(Ord. No. O-16-15, § I, 7-9-16)