Chapter 216 Beaches

The purpose of these regulations is to protect public safety, to manage beach activities, events and commercial activities on the beaches or ancillary areas to the beaches within the limits of the Town of Nantucket as such uses are deemed to have significant effect on wetlands values, including but not limited to flood control, erosion, storm damage prevention, fisheries, shellfish, wildlife and recreation; on beach scenic views; on excessive noise; on the natural scenic, historic and aesthetic qualities of the beach environment on Nantucket; on the public safety and welfare; and on the preservation of peace and good order.

The purpose is also to regulate use and operation of motor vehicles on beaches.

The purpose is also to regulate the use of all designated pond areas in the Town of Nantucket and restrict commercial use in these areas, as such use is deemed to have significant effect on wetland values, including but not limited to public and private water supply, ground water, flood control, erosion control, storm drainage prevention, water pollution, fisheries, wildlife, scenic views and recreation; on the public safety and welfare; and on the preservation of peace and good order.

Applicability.

These regulations shall apply to all properties adjacent to these ponds that are owned by the Town of Nantucket and to properties adjacent to these ponds where the property owner has given the Town permission to apply these regulations to his or her property.

These rules and regulations apply to beaches owned by the Town of Nantucket or those beaches managed by the Town or on beaches where the property owner has given the Town the owner's permission to apply these rules and regulations.

Beach events on private property that have the express written permission of the property owner are exempt from the application provisions of this section. Notwithstanding the permission of a private property owner to allow a beach event or commercial activity that would otherwise require a permit from the Town of Nantucket, all applicable federal, state and local laws, bylaws and regulations shall continue to be applicable to the beach events and commercial activities described and regulated herein.

(4)

Additional restrictions or limitations may apply to any approved event or activity (i.e., beach erosion concerns, endangered species, anticipated storm events, requirement of special police details, etc.).

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ANCILLARY BEACH AREAS

Areas in close proximity to beaches in the Town of Nantucket, including but not limited to off-beach parking areas.

BEACH EVENT

Any group, gathering or convergence of more than 15 persons on a designated beach area or ancillary beach area where any services provided for said event are substantially commercial in nature and which event is for social, recreational or commercial purposes. Family gatherings shall not constitute a beach event under this definition.

COMMERCIAL ACTIVITY

Any activity or event for which money is paid to an individual or business entity for services rendered on a beach/pond or ancillary area to a beach/pond in the County of Nantucket. Family gatherings shall not constitute a commercial activity under this definition.

For the purposes of these regulations, the erection or use of any permanent or temporary structure, kiosk, dock, mooring, stand, cart, sign for advertisement, or other real or personal property, fixtures or equipment primarily for the purpose of, or incidental or accessory thereto, manufacturing, selling, leasing or otherwise providing from that specific structure or arising from such use any property, good, product or service shall be deemed a commercial activity.

Notwithstanding the foregoing, no sale or lease of real property within a designated pond area without further action that might be construed as a commercial activity hereunder, nor any business for which no invitee visits the designated pond area in question, shall be deemed a commercial activity.

DESIGNATED BEACH AREA

A geographic section of beach or ancillary area to a beach in the Town of Nantucket as determined by the Town Manager and designated as such on a map on file with the Town Clerk and in the office of the Select Board.

DESIGNATED POND AREA

A designated pond area shall include the following:

All ponds and all property directly adjacent to any portion of any pond owned by the Town of Nantucket, or to which the Town of Nantucket has a littoral or other property right, if any; and

All ponds and all property directly adjacent to any portion of any pond owned by the proprietors of Nantucket, or to which such proprietors have a littoral or other property right, if any; and

§ 216-2 Water kiteboarding, recreational.

All ponds and all land, however owned, within 66 feet of the high water mark of such pond.

KITEBOARDING

The use of a kite utilizing wind and air to lift, provide power or energy to a harnessed rider/passenger who is equipped with a board for touch down, whether such board is formally a surfboard, kite board, wake board, or other stabilizing flat object used for the recreational purposes of kiteboarding.

POND

Any stagnant body of water without an outlet having a surficial area of fewer than 10 acres, any great pond, or any like body of water with a small outlet, including but not limited to any body of water affected by tidal action, together with the surface area of such body of water and the soil and other matter under such body of water.

All kiteboards must display an appropriately numbered burgee registered with the Marine Department. A database of registered kiteboarders with assigned registration numbers shall be maintained by the Harbormaster and updated annually.

No kiteboarding may occur within 400 feet of the beach in a direct onshore wind.

All kiteboards must remain a minimum of 200 yards from endangered species.

All kiteboards must remain a minimum of 400 feet from lifeguarded areas.

Kiteboarders must comply with all other applicable laws, including without limitation MGL c. 90b and Chapter 137, Town Wharves and Waterways, of the Code of the Town of Nantucket.

All kiteboards must be equipped with a safety system to prevent runaway kites.

The Town board or entity with jurisdiction over Town-owned property may regulate the specific Town-owned properties and areas where kiteboarding may occur, including without limitation prohibiting kiteboarding where, in the opinion of such Town board or entity, kiteboarding may create a public safety hazard, and including without limitation restricting the days and times when kiteboarding may occur.

The Select Board may regulate the specific private properties and areas where kiteboarding may occur, including without limitation prohibiting kiteboarding on properties and in areas where, in the opinion of the Select Board, kiteboarding may create a public safety hazard, and including without limitation restricting the days and times when kiteboarding may occur.

§ 216-3 Beach events and commercial activities.

The use of Nantucket beaches for events or activities involving a commercial enterprise or activity, including, but not limited to, catering events or other such businesses, shall require a permit from the Town of Nantucket.

Unless otherwise authorized by the Town Manager, only three beach events per week and only one event per day shall be permitted on any designated beach area in the Town of Nantucket pursuant to these regulations. Permits for beach events shall be based on a "first-come, first-served basis." Permits for commercial activity where more than one commercial enterprise applies to use the same beach on the same date will be based upon a "lottery" system as determined by the Town Manager.

No beach events or commercial activities with an expected attendance of more than 250 people shall be allowed unless a public assembly permit application has been submitted and approved.

The fee for a beach event permit or commercial activity permit shall be set from time to time by the Select Board.

Beach events or commercial activities with an expected attendance of more than 75 people may require a special police detail as determined by the Town Manager.

Prohibited activities.

The following activities are prohibited at all beach events or commercial activity at beaches subject to these rules and regulations:

(a)

Electrical generators.

(b)

Dance floors.

§ 216-5 Motor vehicle operation and use.

There shall be no commercial activity in any designated pond area and no commercial activity that indirectly has an impact upon any designated pond area, for any period of time.

All applications shall be signed confirming that the applicant has read and understands all regulations pertaining to a permitted beach event or commercial activity and that such applicant will abide by such regulations, limitations and conditions placed upon such event or activity.

The permittee shall be required to obtain and provide proof of comprehensive liability insurance in the minimum amount of $1,000,000 naming the Town of Nantucket and any other property owner of the designated beach area where the beach event or activity is taking place as an additional insured.

Individuals or businesses that provide catering or other food-related services on beaches subject to these rules and regulations must be licensed by the Board of Health. A copy of the food service license from the Board of Health shall be submitted with an application for a beach event or commercial activity.

The permittee shall remove all trash generated by its beach event or commercial activity from the beach and dispose of it properly at the landfill. Town trash cans or dumpsters may not be used.

Unless otherwise authorized, beach events or commercial activities may not be scheduled between the hours of 8:30 a.m. and 5:00 p.m. June 15 through September 15. All events or activities shall end by 10:00 p.m.

Beach event or commercial activity applications shall be submitted to the Town Manager for final approval or denial only after signed approval from the Police Chief, Beach Manager, Fire Chief (if applicable), Health Inspector (if applicable) and Park and Recreation Director (if applicable). Permits must be available for inspection by law enforcement personnel as identified in § 216-8C.

A cover letter explaining the purpose of the beach event or commercial activity shall be submitted with the application.

Applications shall be submitted at least two weeks prior to the proposed beach event or commencement of commercial activity. Depending on circumstances or availability, this may be waived at the discretion of the Town Manager or designee.

The Town Manager, in consultation with the Select Board and the Beach Management Advisory Committee, shall promulgate application forms as well as a list of designated beach areas upon which beach events may be permitted.

Any regular annual commercial activities, other than food-related social beach events (i.e., surfboard rentals) shall require a new application, approval and permit fee for each calendar year.

§ 216-4 Fires.

There are no "open-air" fires allowed except as are subject to the restrictions, limitations and exceptions of MGL c. 48, § 13.

Cooking grills or fires that comply with MGL c. 48, § 13 shall be placed a minimum of 25 feet from any beach grass or vegetation and shall not be placed on or in any dune area.

All fires shall be completely extinguished after use and all contents and fire debris shall be thoroughly doused and removed from the beach. Burying charcoal or other fire debris on the beach is prohibited.

No glass, aluminum or other nonflammable material shall be placed or disposed of in any fire.

It shall be a violation of these regulations for any person to use or operate a motor vehicle, registered or otherwise, on any beach on Nantucket:

In excess of 20 miles per hour;

In excess of five miles per hour within 100 yards of a pedestrian;

§ 216-6 Beach activities adverse to federally protected breeding habitat.

Between the hours of 9:00 a.m. and 5:00 p.m. on any lifeguarded beach or other beach duly posted with such time limits;

(4)

In any area marked as a nesting site, wildlife protection area or refuge or marked as a beach or dune restoration area or so as to harass birds;

(5)

On a primary coastal bank or dune or in areas of beach grass at any time, except over clearly established and regularly traveled motor vehicle ways;

(6)

Without a valid beach sticker properly displayed on the vehicle;

(7)

In any area properly posted as "private property" or "no trespassing."

The Town of Nantucket reserves the right to limit the number of vehicles on a beach per day.

The Town of Nantucket reserves the right to charge an additional access fee as set by the Select Board on specific days as designated and advertised in advance by the Town of Nantucket.

Operators of vehicles parked on the beach shall leave a right-of-way at all times. The required right-of-way area shall be determined by the enforcing authority.

In order to prevent confusion as a predator to any nesting, territorial adult or unfledged juvenile endangered bird species, no person within the territorial limits of the Town shall use, operate or otherwise allow the use or operation of any kiteboard, kite, or other airborne object other than aircraft, in, over, or upon the areas posted with signage as bird nesting areas, during the period of April 1 through August 31, in accordance with Section III, Paragraph 7 of the "Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the U.S. Atlantic Coast to Avoid Take Under Section 9 of the Endangered Species Act."

All persons are prohibited from allowing at all times from April 1 to August 31 any nonhuman animals or reptiles such as pets, including dogs, horses, cattle, cats and other pet life forms, to enter upon, roam, or otherwise have access to the areas posted with signage as bird nesting areas, and all such life forms must be confined in cages or tanks, leashed, haltered, tethered, or bridled and firmly under control and not free to access any such posted nesting area, in accordance with Section III, Paragraph 6 of the "Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the U.S. Atlantic Coast to Avoid Take Under Section 9 of the Endangered Species Act." Please note the Town of Nantucket's leash law, Chapter 55, Animals, § 55-4 of the Code of the Town of Nantucket.

Except as may otherwise be allowed or permitted by law, no fireworks, explosive device or flare shall be ignited, lit, energized or fired anywhere in, on, over or upon any beach area designated by signage as a bird nesting area as directed by "Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the U.S. Atlantic Coast to Avoid Take Under Section 9 of the Endangered Species Act." Please note that unauthorized fireworks are illegal in the Commonwealth of Massachusetts.

Except for vehicles engaged in actual necessary emergency response for the public safety or the security of the nation, all two-, three-, or four-wheeled vehicles are prohibited from entering, operating, or being present within all posted nesting habitat in accordance with Section III, Paragraph 12 of the "Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the U.S. Atlantic Coast to Avoid Take Under Section 9 of the Endangered Species Act." Please note the Town of Nantucket's bylaw on use of all-terrain vehicles, Chapter 56, Regulation of Motor Vehicles on Beaches, § 56-6A, of the Code of the Town of Nantucket.

§ 216-7 General beach rules.

Swimming and bathing.

No person shall bathe or swim in the waters under the jurisdiction of the Town of Nantucket during such time as the lifeguard on duty, Police Department, Fire Department, Marine Superintendent, Beach Manager or other designated Town official determines conditions to be hazardous to the health, safety and welfare of swimmers and bathers. Upon posting of signs or verbal notice from the above-listed authorities, all persons shall exit the water until such authorities give notice that the hazardous condition has abated.

All rigid devices (e.g., surfboards, kayaks, boogie boards) and any nonrigid device which is not a swim aid are prohibited within the limits of lifeguard protection on Town-owned/-operated beaches. Inflatable rafts and tubes are examples of allowed nonrigid swim aids. This prohibition excludes properly sized, Coast Guard approved personal flotation devices.

Skimboards are prohibited within the limits of lifeguard protection on Town-owned/-operated beaches.

Beach rules.

Glass containers of any kind are prohibited from Town-owned/-operated beaches.