As used in this chapter, the following terms shall have the meanings indicated:
LIFEGUARD
The lifeguard captain and all other lifeguards employed by the Town of Ogunquit.
OGUNQUIT BEACH
All unpaved land above low-water mark, bounded on the west and south by the Ogunquit River, on the east by the Atlantic Ocean, and on the north by the Wells-Ogunquit line, and also all land above low-water mark at the "Little Beaches," so-called.
[Amended 4-5-2008 ATM]
A. 
Starting at the Ogunquit Sewer District pumping station (Lighthouse); then running northerly to the southeast side of the sand dunes; then running northerly to the easterly side of the sand dunes to the Wells-Ogunquit Town line; then running westerly to the west side of the Ogunquit River, including the Rachel Carson Preserve; then running southerly, including private and public land(s) along the west side of the Ogunquit River, back to the Lighthouse. The estuary is to include the riverside beaches, river, sand dunes, clam flats and marshland, but does not include the Ogunquit Beach Parking Lot, Footbridge Parking Lot, and North Beach Parking Lot (Moody Beach Parking Lot).
The lifeguard shall have the following responsibilities:
A. 
To monitor and supervise bathing activity in the vicinity of established lifeguard stations and to designate areas by means of ropes and floats.
[Amended 4-3-1989 ATM]
B. 
To monitor water conditions and to post notice of dangerous water conditions. It is a violation of this section for a person to enter the water after observing the posted notice or after receiving notice from the lifeguard.
C. 
To notify bathers of dangerous water conditions and to report continued illegal conduct to any police officer.
D. 
To designate separate areas for surfboarding, windsurfing and small craft such as sailboats, Hobie® cats, canoes and kayaks.
E. 
To designate areas for playing games involving use of balls, Frisbees® and other similar objects, conditions permitting. The presence of other people is sufficient reason to deny permission for playing games.
The following restrictions pertaining to the Ogunquit Beach are in addition to applicable State of Maine laws and other Ogunquit ordinances governing the public area:
A. 
Public behavior.
(1) 
No person shall don or remove clothing other than outer garments such as coats in automobiles, comfort stations, nor anywhere within the Ogunquit Beach area, except in bathhouses or other suitable and approved structures provided for that purpose. This does not apply to children under 10 years of age.
(2) 
Any person may play games involving use of balls, Frisbees® or other objects on the Beach, at any time, unless such activity interferes with other beach activities. The lifeguard shall designate suitable areas and supervise such activity.
(3) 
No person shall enter restricted portions of the Ogunquit Beach, including the dune areas and the Ogunquit Sewer Treatment Plant. The Select Board shall designate restricted areas. The minimum fine for violation of this subsection shall be $200 for each violation.
[Amended 11-6-2018 STM by Art. 3]
B. 
Vehicles. Motor vehicles are prohibited within the Beach area except in the parking areas provided for them. In case vehicles are needed for gathering seaweed or wreckage, recorder permission shall be secured from the Police Chief.
C. 
Aircraft. No aircraft is permitted to land on the Beach area except in the case of extreme emergency, or to fly at an altitude of less than 500 feet above the Beach area.
D. 
Animals. The restrictions in this subsection are also found in Chapter 18, Animals.
[Amended 4-9-2001 ATM; 11-4-2008 STM; 11-3-2009 STM; 6-14-2016 ATM]
(1) 
Dogs are permitted within the Ogunquit Beach area from September 9 to March 31. Dogs are not permitted within the entire Ogunquit Beach area from the Main Beach to the Moody Beach Town line from April 1 to September 8. Dogs are not permitted in the Ogunquit River Estuary year-round.
[Amended 11-6-2018 STM by Art. 3]
(2) 
Ponies or horses are not permitted on Ogunquit Beach, including the Ogunquit River Estuary, year-round.[1]
[1]
Editor's Note: Original Sec. 404 of the 1980 Code, Beach Parking Pass and Fee Policy (Annual Ordinance 4-8-1991 ATM), which immediately followed this section, was repealed by the Select Board 4-29-2003.
(3) 
Penalties. The minimum fine for violation of this subsection shall be $200 for each violation.
[Added 11-6-2018 STM by Art. 3]
A. 
Beaches closed during certain hours. Ogunquit Beach, as defined in this chapter, shall be closed to the public from 11:00 p.m. to 5:00 a.m. during the months of May through October of each year.
B. 
The Select Board may grant a permit for extension of beach hours to a bona fide nonprofit organization for a specific event; such a permit shall stipulate the specific date, time, location and any conditions that the Board may choose to impose.
C. 
Any person found on the beach in violation of this chapter shall be guilty of a misdemeanor, which shall be punishable by a fine not to exceed $500 for each violation. Fines collected hereunder shall be recovered for use of the Town of Ogunquit
[Amended 12-28-1982 Select Board]
[Amended 8-20-1996 Select Board]
The maximum speed limit for all watercraft shall be at "headway" speed within 200 feet of shore. Violation of this speed shall result in a fine of $100 being imposed.
A. 
No person shall smoke tobacco or any other substance on Ogunquit beaches, including Main Beach, Footbridge Beach or North Beach. Additionally, the discarding of cigarettes and cigar butts onto the ground at Ogunquit beaches is unsightly, unclean and particularly hazardous to young children and wildlife. Disposal of such tobacco litter is also prohibited.
[Amended 11-2-2010 STM]
B. 
Enforcement. Prior to issuing a citation for a violation of this section, a police officer or any law enforcement or Code Enforcement Officer shall issue one verbal warning to an individual. Failure to comply, after an initial warning, shall merit a fine of $50. In addition, failure to comply with one warning is cause for said fine whether or not the failure or subsequent failures are contemporaneous in time with the initial warning.