Town of Westerly, RI
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Westerly as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Boats and waterways — See Ch. 86.
[Adopted 8-13-1991 by Ch. No. 983 as §§ 4-1 through 4-5 of the 1991 Code (as amended through Ch. No. 1403)]

§ 81-1 Motor vehicles on beaches or sand dunes adjacent to beaches prohibited; exception.

A. 
It shall be unlawful for any person to operate or drive a motor vehicle above mean high tide upon any public bathing beach, or semipublic beach, or any beach used by the public at large, within the Town, whether with or without fee, from the first day of May of each year to the Saturday after Labor Day or during the period when such beaches are in operation and protected by lifeguards.
B. 
It shall be unlawful for any person to operate or drive a motor vehicle on sand dunes adjacent to beaches within the Town, except on traditional accessways.
C. 
The operation of motor vehicles on barrier beaches is permitted in compliance with state regulations.
D. 
The operation of motorcycles, minibikes, snowmobiles, all-terrain motorized cycles, and tricycles is prohibited at any time on all beaches and sand dunes adjacent to same within the Town.
E. 
These prohibitions shall not apply to police or other emergency vehicles and vehicles used solely for the purpose of sanitation, conservation or construction in such mentioned areas, or other authorized management-related vehicles as regulated and allowed by state law.

§ 81-2 Horses on beaches in bathing season.

It shall be unlawful, between May 15 and September 15 of each year, from 8:00 a.m. to 7:00 p.m., for any person to walk, ride or otherwise permit any horse upon any public bathing beach, or semipublic beach, or upon any beach used by the public at large whether with or without fee, or upon the sand dunes adjacent to the same within the Town.

§ 81-3 Surfing restricted in bathing season.

All surfing and the use of surfboards are prohibited on waters within the Town and at the beaches in the Town between 10:00 a.m. and 6:00 p.m. during the period of June 1 to October 1 of each year except in such areas as the Town Council may designate and mark out with appropriate safeguards and except those waters adjacent to rocky shores within the Town.

§ 81-4 (Reserved) [1]

[1]
Editor's Note: Former § 81-4, Use of beaches by nonresidents restricted, was repealed 10-15-2007 by Ch. No. 1617.

§ 81-4.1 Smoking prohibited.

[Added 11-19-2007 by Ch. No. 1622
Smoking is prohibited at the Westerly Town Beach, Wuskenau Beach and all Town recreational facilities, except in areas to be designated by the Town Manager, provided that, at the beach facilities, the designated areas shall be within or immediately adjacent to the parking area.

§ 81-5 Violations and penalties.

Any person, firm or corporation who shall violate any provision of this article shall, for each violation, be subject to the penalties as provided in Chapter 1, Article II, General Penalty.
[Adopted 8-13-1991 by Ch. No. 983 as §§ 7-21 through 7-27 of the 1991 Code; amended in its entirety 9-27-2010 by Ch. No. 1727]

§ 81-6 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BATHING BEACH
Construed to mean and include any place where facilities for bathing in the waters within the Town are offered to the public.

§ 81-7 License required; fee; license not transferable.

Every person operating a bathing beach in the Town shall, upon application in proper form, obtain a license from the Town Clerk in accordance with § 158-6, authorizing said person to operate a bathing beach in conformity with the provisions of this article and in conformity with any requirements of the Rhode Island Department of Environmental Management. The fee for such license shall be as specified in Chapter 121, Fee Schedule. Such license shall not be transferable.

§ 81-8 Application information.

In addition to the requisite information, the application for said license shall indicate the location, the number of bathhouses, the number of feet of shore frontage within the bathing beach, the number of lifeguards designated by the State of Rhode Island Department of Environmental Management to be employed by the licensee, and the days and hours of operation of said bathing beach.

§ 81-9 License expiration date.

All licenses issued hereunder shall expire in accordance with § 158-8.

§ 81-10 Patrolling of shores by lifeguards required.

Every person operating a bathing beach shall at all times cause the shores of said bathing beach to be patrolled during the days and the hours of operation by the number of lifeguards designated by the State of Rhode Island Department of Environmental Management.

§ 81-11 Designation on license of number and hours of patrolling; display of license.

The license required by this article, when issued, shall specify the number of lifeguards to be employed by the licensee and the days and hours of each day during which the shores of the bathing beach shall be patrolled, and said license shall be kept posted in a conspicuous position on the premises.

§ 81-12 Violations and penalties; enforcement.

A. 
Any person who shall violate any provision of this article shall be guilty of an offense against the Town punishable as provided in Chapter 1, Article II, General Penalty.
B. 
All members of the Police Department are authorized to enforce the provisions of this article.