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Town of Bethany Beach, DE
Sussex County
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Table of Contents
Table of Contents
[Adopted 3-19-1976 byOrd. No. 56 (Ch. 67, Art. II, of the 1992 Code)]
A. 
It shall be unlawful at any time for any person or persons to engage in activities involving the throwing, tossing, batting or otherwise propelling in any manner of balls or similar objects or missiles on the boardwalk within the corporate limits of the Town of Bethany Beach.
B. 
Such activities on the beach or in the water shall be at the discretion of the lifeguards during the hours of lifeguard protection.
[Amended 8-15-2014 by Ord. No. 506]
[Amended 3-13-1998 by Ord. No. 319]
It shall be unlawful for any person to fish or in any manner to make use of fishing equipment such as rods, reels, hooks, spears, weighted lines and other hazardous items on the beach within the limits of the Town of Bethany Beach during the hours of lifeguard protection of the beach or between the hours of 10:00 a.m. and 5:00 p.m., prevailing time, during the month of September.
It shall be unlawful for any person to bring on the beach within the Town limits glass bottles or other containers which, if broken, may endanger the health, safety or welfare of the bathers and general public.
It shall be unlawful for any person to launch or recover a boat on the beach during the hours of lifeguard protection of the beach. The term "boat" shall not include surf mats made of rubber, canvas or similar material but shall include one- or two-man life rafts made of similar material.
It shall be unlawful for any person to fly kites on or from the beach or boardwalk during the hours of lifeguard protection of the beach.
[Added 7-12-2019 by Ord. No. 545[1]]
A. 
The following activities are prohibited:
(1) 
Pedestrian traffic on, over or across the dune except at those locations designated by the Town for pedestrian traffic.
(2) 
The operation of any motorized vehicle or machine on, over or across the dune except as expressly permitted by the Town, upon application to the Town Manager's office, and only at such locations designated by the Town for such use.
(3) 
Transportation or storage of any type of boat on, over or across the dune except at locations expressly designated by the Town.
(4) 
The alteration, moving or removal of any barrier, facility, improvement or structure installed and/or maintained by the State of Delaware or the Town for enhancement, preservation or protection of the dune or beach, such as a sand fence.
(5) 
The damaging, destruction or removal of any beach grass or other vegetation growing on the dune.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DUNE
A mound, hill or ridge of sand, either bare or secured with vegetation, naturally or artificially accumulated, which roughly parallels the shoreline in a more or less continuous fashion on the landward side of the beach. A dune may or may not be bordered by the installation of a sand fence.
SAND FENCE
A barrier made of posts, wires and boards or other materials, intended primarily to trap and collect wind-blown sand, but which may also be used to channel pedestrian and/or vehicular traffic.
C. 
Violations and penalties. Any person or persons violating any provision of this article, upon conviction thereof, shall be subject to a fine of not less than $100 nor more than $500.
[1]
Editor's Note: This ordinance also renumbered former §§ 223-8 through 223-22 as §§ 223-9 through 223-23, respectively.
[Added 4-16-2021 by Ord. No. 552[1]]
A. 
It shall be unlawful to dig a hole, trench or depression anywhere on the beach deeper than 12 inches and more than two feet in length or width, in order to protect people using the beach from risking injury from walking into a hole, trench, or depression and from hazards associated with collapsing sand; and further, to allow public safety, emergency and beach cleaning vehicles to conduct necessary activities on the beach without risk of injury to personnel or damage to equipment,
B. 
It shall be unlawful to dig any hole, trench or depression anywhere on the beach and leave the area without completely filling in the hole, trench or depression.
[1]
Editor's Note: This ordinance also renumbered former §§ 223-9 through 23 as §§ 223-10 through 223-24, respectively.
[Amended 9-18-1992 by Ord. No. 279; 2-17-2006 by Ord. No. 407]
Any person or persons violating any provision of this article, upon conviction thereof, shall be subject to a fine as set out in Chapter 1, General Provisions, Article I, Penalties.