In this Article I, the following words shall have the meanings indicated:
To establish a temporary habitation or living arrangement,
of either a permanent or temporary nature, with or without the use
of a tent, camper or other artifice designed to facilitate such habitation.
Any device designed to provide transportation to persons
or personal property which is propelled in part or in whole from a
motor. A motorized vehicle shall include, but not be limited to, a
car, truck, tractor, motorcycle, motorized scooter or skateboard,
motorized bicycle, boat, and jet ski. A wheelchair or other similar
device designed to facilitate transportation of a person with a disability
or other physical impediment shall be excluded from the definition
of motorized vehicle under this article.
An area or structure owned or operated by the Town of Chesapeake
Beach or another public entity and which is designed for the recreational
use of the public and which is designated as a public park in this
chapter. Public parks are subject to additional regulations specific
to each park, as provided in subsequent articles of this chapter.
An area or structure owned or operated by the Town of Chesapeake
Beach or another public entity and which is open to the public. The
restriction of public access to specific times of the day, specific
days of the week, or to specific days of the year (seasonal) shall
not preclude the area from definition as a "public venue."
An area or structure owned or operated by the Town of Chesapeake
Beach or other public entity and which is not open to the public.
The provisions of Article I shall apply to all public parks, public venues, and restricted property. Nothing in this article shall prevent the application of other regulations restricting personal conduct which are included within the Town Code of Chesapeake Beach to such areas, unless the provisions of this article specifically direct that such regulations shall not apply.
It shall be unlawful to camp within a public park, public venue
or restricted property located within Chesapeake Beach. Any person
or entity violating the provisions of this section shall be guilty
of a municipal infraction and, upon conviction thereof, is subject
to a fine of $100.
It shall be unlawful to ignite or maintain a campfire, bonfire
or cooking fire in a public venue or on restricted property. It shall
be unlawful to ignite or maintain a campfire, bonfire or cooking fire
in a public park other than in a receptacle which is provided for
such purposes and is designated as the proper place for such fires
by a sign erected by the operator of the public park. This prohibition
against fires shall include fires enclosed within grills or other
devices. This prohibition shall not apply to the smoking of cigarettes,
cigars, pipes or the devices used to light such smoking instruments
if otherwise permitted under state law. Any person or entity violating
the provisions of this section shall be guilty of a municipal infraction
and, upon conviction thereof, is subject to a fine of $100.
It shall be unlawful to operate a motorized vehicle within any
public park, public venue or restricted property except upon a street,
roadway or parking lot designed for such purposes. A sidewalk, boardwalk,
walkway, or stairway shall not be considered a street or roadway for
which motorized vehicles are designed. Any person or entity violating
the provisions of this section shall be guilty of a municipal infraction
and, upon conviction thereof, is subject to a fine of $100.
Certain areas of a public park or public venue, and all areas
of a restricted property, may be designated by the Town or other public
entity as an area to which access by the public is restricted. Such
designation shall be included on a sign to be posted at the perimeter
or access point to the restricted area. For restricted areas within
a public park or public venue, such restricted areas shall be described
in any recitation of the rules that are distributed or posted on the
property. It shall be unlawful for any person or entity to enter an
area to which access is restricted unless acting under the authority
of the Town or other public entity. Any person or entity violating
the provisions of this section shall be guilty of a municipal infraction
and, upon conviction thereof, is subject to a fine of $125.
It shall be unlawful to possess glass containers in any public
park. Any person or entity violating the provisions of this section
shall be guilty of a municipal infraction and, upon conviction thereof,
is subject to a fine of $50.
A.Â
It shall be unlawful to hunt any wild creature, including all mammals,
invertebrates, and insects, within any public park, public venue or
restricted property, regardless of the means of hunting, whether by
the use of a weapon, snare, trap or other instrumentality.
B.Â
The prohibition on hunting shall not apply to any public official
authorized to conduct such hunts, including an animal control warden,
official of the Department of Natural Resources, or Town official,
when such public official is removing the wild creature for public
purposes or to protect the health, safety and general welfare of the
public. This public official exception does not apply to private individuals
who have obtained a hunting license.
C.Â
Hunting, as prohibited in this section, shall not include fishing
or crabbing in any body of water located within or adjacent to a public
park or public venue, which shall be regulated by park-specific regulations
in subsequent articles, so long as such fishing or crabbing is in
accordance with all necessary licenses and state laws.
D.Â
Any person or entity violating the provisions of this section shall
be guilty of a municipal infraction and, upon conviction thereof,
is subject to a fine of $100.
It shall be unlawful to remove any plant life from any public
park, public venue or restricted property. This prohibition on removing
plant life shall not apply to any public official authorized to conduct
such removals, including an official of the Department of Natural
Resources or the Town, when such public official is removing the plant
life for public purposes or to protect the health, safety and general
welfare of the public. Any person or entity violating the provisions
of this section shall be guilty of a municipal infraction and, upon
conviction thereof, is subject to a fine of $100.
[Added 1-16-2020 by Ord.
No. O-19-17]
A.Â
SMOKING
VAPING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The act of lighting, igniting or generating smoke from a
pipe, hookah pipe, cigar, electronic cigarette or a cigarette of any
kind, including the use of any product that emits smoke in the form
of gases, particles, vapors or other by-products released by electronic
cigarettes, tobacco cigarettes, herbal cigarettes, marijuana cigarettes
and any other type of cigarette, pipe or other implement for the purpose
of inhaling vapors, gases, particles or their by-products released
as a result of combustion or ignition.
The heating of nicotine, cannabis or flavored aerosols, the
active ingredients in which are vaporized and then released into the
air in a fine mist created by a vaporizer device.
B.Â
Prohibited conduct. Smoking, vaping, and possessing lighted or ignited
tobacco, nicotine or marijuana products are prohibited on the following
Town properties:
C.Â
Exception. Smoking, vaping and possessing lighted or ignited tobacco,
nicotine or marijuana products are permitted inside a vehicle that
is parked in a parking lot, provided that the doors and windows of
the vehicle are completely closed.
D.Â
Other laws. Nothing contained in this section shall be construed
to authorize smoking or vaping in violation of any federal or state
law or regulation.
E.Â
Signs. The Mayor is authorized to post signs on Town property on which smoking and vaping are prohibited by this section, notifying the public of said prohibitions and of the penalties for violations thereof as set forth in Subsection F.
F.Â
Fines and penalties.
(1)Â
A violation of this section shall be a municipal infraction,
punishable by a fine of $50.
(3)Â
A violation of this section is declared to be a public nuisance and, in addition to any fine or other punishment imposed pursuant to Subsection F(1) or (2) of this section:
(a)Â
Any person who violates this section shall be subject to ejection
from the Town property on which such violation has occurred.
(b)Â
A person who has committed three or more violations of this
section may be banned by the Mayor from the Town property or properties
on which such violations have occurred for a period of one year if
deemed necessary by the Mayor in order adequately to protect the public
health, safety and welfare.
