The purpose of this article is to allow for horses to be present
on Goose Rocks Beach while providing for public safety, addressing
environmental concerns and mitigating added congestion on Goose Rocks
Beach between May and September.
As used in this article, the following terms have the following
meanings:
BEACH
Goose Rocks Beach from the Batson River to the Little River.
OWNER
Anyone who keeps or has custody of, possession of, or control
of a horse.
RIDER
Any person who rides, leads or drives a horse.
The invalidity of any section or provision of this article shall
not affect the validity of any other section or provision of this
article.
The Chief of Police or any of his/her designated officers will
enforce this article. Any officer who observes a violation of this
article may summons that individual to District Court. Any officer
who receives a complaint and determines that sufficient evidence exists
to conclude that a violation of the article occurred may summons the
offender to District Court.
All civil penalties collected under this article shall accrue
to the Town of Kennebunkport.
As used in this article, the following terms have the following
meanings:
BACK LOT
A lot located in the vicinity of, but not on, Goose Rocks
Beach, the owner or owner's predecessor of which is or was a party
to the Beach Use Agreement.
BACK LOT OWNER
Anyone who owns property located in the vicinity of, but
not on, the beach, and who is or whose predecessor owner was a party
to the Beach Use Agreement.
BEACH
The beach commonly known as "Goose Rocks Beach," from the
Batson River to the Little River, and extending in width seaward from
the seawall or vegetation/landscape to the low water mark of the Atlantic
Ocean.
BEACH PREMISES
Those portions of the beach extending seaward from the seawall
or vegetation/landscape to the low water mark of the Atlantic Ocean
and located adjacent to and immediately seaward of each of the beachfront
owners' upland properties situated at the addresses set forth in Schedule
A of the Beach Use Agreement (the "upland properties" or "upland property"),
as that schedule may be subsequently amended by supplemental agreement
with the Town.
BEACHFRONT OWNER
Anyone who owns property fronting on the beach commonly known
as "Goose Rocks Beach" and who is either a party to the Beach Use
Agreement as of its effective date or who subsequently becomes a party
to such Agreement by supplemental agreement with the Town.
LARGE-VOLUME VEHICLE
A motor vehicle (such as a bus or trolley) designed for carrying
more than 15 persons, including the operator.
PUBLIC ACCESS POINTS
Describe those existing access points and rights-of-way where
members of the public gain access to the beach, and include the locations
as shown and listed on the map attached as Exhibit 1.
RESERVED AREA
A twenty-five-foot strip of land measured in width extending
from the seawall or vegetation/landscape line towards the Atlantic
Ocean extending across the full length of a Beachfront Owner's seaward
property boundary, as measured at the seawall or vegetation/landscape
line, except that for beachfront properties where, during tidal events
when the reserved area extends below the high water mark into the
intertidal zone, the reserved area will be reduced to 10 feet in width
for one hour before high tide until one hour after high tide.
There shall be established a standing Beach Advisory Committee
to provide guidance regarding the management of the beach premises
in accordance with the provisions of this article; to consider, propose,
and review regulations and article changes; to advise on related matters
governing use of the beach premises by all persons; and to perform
such other duties set forth in this article and in Schedule D of the
Beach Use Agreement.
A. Composition. The Beach Advisory Committee shall be comprised of eight
members. Four members shall be beachfront owners, two members shall
be back lot owners, one shall be an at-large community member, and
one shall be appointed by the Board of Selectmen. A nonresident of
the Town may serve as a beachfront owner representative member or
a back lot owner representative member.
B. Appointment; elections. Beachfront owners and back lot owners shall
elect their respective members through annual elections to be facilitated
by the Town. Each beachfront owner will have the number of votes equal
to the number of beachfront lots owned by that beachfront owner in
each election. A beachfront owner who becomes a party to the Beach
Use Agreement after its effective date shall be immediately eligible
to vote for a beachfront owner representative but shall not be eligible
to serve on the Beach Advisory Committee until five years after the
Beach Use Agreement goes into effect. Each back lot owner shall have
the number of votes equal to the number of back lots owned by that
back lot owner in each election, except that the back lot owners may,
by majority vote, permit other property owners in the Goose Rocks
Beach area to vote for and/or to serve as a back lot owner member
of the Beach Advisory Committee. The at-large community member shall
be elected at a Town Meeting. The Board of Selectmen shall appoint
a member to coincide with the election of other members.
C. Terms; term limits. The members of the Beach Advisory Committee shall
serve for three-year terms, and the terms shall be staggered. Members
are limited to serving two full, consecutive three-year terms. Reappointment
or reelection may occur after a one-year period of nonservice.
D. Organization. The members of the Beach Advisory Committee shall elect
annually from its membership a Chair, a Vice Chair, and a Secretary.
E. Voting; quorum. Five members of the Beach Advisory Committee present
or participating shall constitute a quorum. All actions and decisions
by the Beach Advisory Committee shall be made by a majority vote of
the full membership of the Board (not a majority of the quorum). A
tie vote results in no action, decision or recommended changes.
F. Duties. The Beach Advisory Committee shall advise the Board of Selectmen
on all matters concerning Goose Rocks Beach, including:
(1) Recommending, drafting, and/or reviewing proposed revisions to this
Beach Use Ordinance as necessary;
(2) Recommending, drafting, and/or reviewing proposed further regulations as contemplated in §
24-11D of this article;
(3) Advising and making recommendations to the Board of Selectmen as
to expenditures from the Beach Maintenance Fund;
(4) Reviewing compensation matters in connection with arbitration proceedings
provided for in the Beach Use Agreement;
(5) Assisting in informal resolution of complaints between the parties
to the Beach Use Agreement upon request; and
(6) Assisting in the resolution of problems relating to use of the beach,
as appropriate, and offering recommendations to the Board of Selectmen
for solutions, if warranted.
This article is enforced by the Kennebunkport Police Department. Any person who violates any provision of this article commits a civil violation for which a penalty of not more than $100 may be adjudged. Enforcement of parking and traffic rules, including fines and/or penalties for parking and traffic infractions, shall be governed by regulations adopted pursuant to §
24-12 herein. All penalties recovered shall accrue to the benefit of the Town.