Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Manager of the Town of Barnstable 4-20-2016. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches and waterways — See Ch. 32.
Boats — See Ch. 40.
Sandy Neck — See Ch. 177.
Sandy Neck Beach Park — See Ch. 601.
Attachment 1 - Town of Barnstable Bathing Beaches

§ 401A-1 Authority.

These rules and regulations are adopted by the Town Manager of the Town of Barnstable under the authority of Section 4-3(g) of the Barnstable Charter and under the authority of Chapter 32, Article II, § 32-7, of the Town of Barnstable Code.

§ 401A-2 Purpose and intent.

The purpose and intent of these regulations is to establish requirements for the orderly use of the bathing beaches and associated parking areas owned by the Town of Barnstable to protect the health and safety of the public and to preserve and protect the resource areas covered by these regulations. A list of the applicable bathing beaches within the Town of Barnstable are attached hereto and incorporated by reference herein.[1]
[1]
Editor's Note: The list of bathing beaches is included as an attachment to this chapter.

§ 401A-3 Parking.

Admission to parking at the Town bathing beach areas as designated shall be governed by the following:
A. 
Resident recreation parking permits are issued to vehicle registrations belonging to year-round Barnstable residents and/or taxpayers and may not be placed on any vehicle except on the one originally issued to. If a permit is found on a vehicle to which it was not issued, privileges could be lost.
B. 
If a parking permit is lost or stolen, the permit holder must contact the Barnstable Recreation Division so that the permit can be nullified. The Town is not responsible for lost or stolen permits. If a parking permit is lost or stolen, a new permit must be purchased at full price.
C. 
When a permit becomes invalid due to a broken windshield, new license plate, car accident and the like, the permittee shall remove the original permit from the windshield and bring it (even if it is in pieces) to the Recreation Division office for a replacement permit at the cost of $5, contingent only upon the original permit being returned.

§ 401A-4 Hours of operation and staffing.

A. 
Subject to appropriations, lifeguard availability and unless otherwise posted, lifeguards may be on duty from 9:00 a.m. to 5:00 p.m. daily beginning in late June.
B. 
Unless otherwise posted, gates are opened at 9:00 a.m. and are locked promptly at 9:00 p.m.
C. 
Unless otherwise posted, parking fees are collected from 9:00 a.m. to 3:45 p.m.
D. 
No bathing beaches (including bathhouses) are staffed prior to Memorial Day weekend.
E. 
Unless otherwise posted, restrooms are open 9:00 a.m. to 4:30 p.m.

§ 401A-5 Use restrictions.

A. 
Swimming is allowed in designated areas only.
B. 
Flotation devices are allowed in on-shore breezes only.
C. 
No radio or any other audio device by which sound may be reproduced and/or amplified shall be operated on any beach or parking facility owned and operated by the Town of Barnstable in such a manner as to be audible beyond a radius of 15 feet from its location.
D. 
No ball playing or tossing of Frisbees or other objects will be permitted without the express permission of the lifeguard and in areas to be designated by the lifeguard.
E. 
Use of rafts may be prohibited as directed by lifeguards.
F. 
No animals or pets are allowed, at any time, in any bathing beach (including parking areas), from May 15 through September 15.
G. 
No canopies larger than ten feet by ten feet are allowed on the beach. Canopies must be located behind or parallel to the lifeguard stands and shall be no closer than 10 feet to a boardwalk or may be placed at the discretion of the lifeguards.
H. 
Children under 10 years of age must be accompanied by an adult or person responsible for his or her behavior within the beach area.
I. 
All umbrellas must be secured properly and may not obstruct the lifeguard's view of the water.

§ 401A-6 Prohibited activities.

A. 
No person shall act in a threatening manner toward other beach patrons or Town of Barnstable employees.
B. 
No smoking will be permitted on the bathing beaches at any time.
C. 
Using, launching, landing or operating an unmanned aircraft from or on land or waters associated with any of the Town of Barnstable bathing beaches is prohibited except as approved in writing by the Town Manager. The term "unmanned aircraft" means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g., model airplanes, quadrocopters, drones) that are used for any purposes, including recreation or commerce.
D. 
No kite flying will be permitted on the bathing beaches, from March 1 through Labor Day.
E. 
No littering will be permitted on beaches or in the parking areas at any time.
F. 
No fires, glass containers, or alcohol will be permitted on the beach or in parking areas at any time.
G. 
Public nudity, including public nude bathing, by any person on the Town of Barnstable public beaches is prohibited. Appropriate bathing suits or attire is required at all times.

§ 401A-7 Violations and penalties.

A. 
All directives of Town officials, the police, lifeguards, beach supervisors, beach monitors and such other officials as the Town Manager may from time to time designate must be complied with immediately and in full for the protection and safety of persons using the beach facilities. Failure to comply with the directives and the above rules and regulations may result in the patron's removal from the beach and the loss of beach privileges. Any patron who feels s/he is aggrieved by any actions taken under this subsection shall have the right to file an appeal to the Town Manager.
B. 
Any violation of the above regulations may result in a criminal complaint for which a fine of not more than $100 may be imposed for each offense. As an alternative to the criminal complaint process, an enforcement official may issue a noncriminal violation notice with a fine of $50 for any violation of these regulations pursuant to the provisions of Massachusetts General Law Chapter 40, § 21D, and Town of Barnstable ordinances.

§ 401A-8 Severability.

Each provision of this chapter shall be construed as separate. If any provision of this chapter should be held invalid for any reason, the remainder shall continue in full force and effect.