[HISTORY: Adopted by the Town of Rye as indicated in article
histories. Amendments noted where applicable.]
[Adopted by Town Meeting 3-9-1954 by Art. 7 (Ord. No. 1), as amended through 1989]
Subject to such regulations as have been lawfully imposed thereon
by the State of New Hampshire, regulating the use of sea beaches and
recreational areas in the Town of Rye, the use thereof by the public
shall be subject to this article.
Said beaches and areas shall be open to public use each day
from sunrise to 12:00 midnight, and shall not be open at any other
time, excepting in cases of emergency, and to the lobstermen to fish
or lobster.
[Amended 3-10-2020 by Art. 28]
No person shall throw or deposit upon the beaches or areas any
materials of wood, glass, paper, metal, or other refuse. Glass containers
of any kind are prohibited on the Town of Rye public beaches as a
necessary safety measure.
No persons shall disrobe for the purpose of bathing, or otherwise,
at any beach in a place or manner exposing them to public view.
No person shall build a fire on any sand area of any beach.
After obtaining permission from the Fire Chief or his authorized representative,
fire may be built in the rock areas of the beaches but must be completely
extinguished by the person(s) obtaining the permit before leaving
the beach.
No persons shall ride or drive a horse or operate a motor vehicle,
motorcycle, or bicycle upon any public beach in said Town except to
remove rubbish or fishermen's gear or seaweed from the beach. However,
between October 1 and June 1 horses may be ridden on the beach.
No persons shall play any game or sport upon any public beach
or area which will interfere with the enjoyment thereof by the public.
The Selectmen of the Town shall have authority to close to the
public any public beach or area if and when there is occasion for
their doing so in furtherance of public health, safety, or the protection
of the beach or area so closed by them.
[Added 3-16-1968 by Art. 25 (Ord. No. 2); amended 3-9-2004 by Art.
15]
The use of surfboards and surfing on Town beaches shall be regulated
as follows:
A. Any person surfing shall obey all lawful orders from beach lifeguards,
Beach Commissioners or police officers.
B. From the calendar period of Memorial Day to Labor Day and from the
hours of 9:00 a.m. to 5:00 p.m., the following Town beaches may be
closed to surfing only when lifeguards, Beach Commissioners, Selectmen
or police believe a public safety issue exists:
(1) Wallis Road Extension: the area between Wallis Sands State Park and
Concord Point.
(2) Cable Road Extension: the area between the inside sand beach corner
of Lockes Neck to Jenness Beach State Beach.
(3) Sawyers Beach: the area starting 50 yards south of the Eel Pond outlet
pipes and extending south to the Beach Club.
C. Surfers must stay at least 50 feet away from lifeguard protected
swimmers and swimming areas.
D. The Selectmen's office and/or the Chief of Police shall have the
authority to close to the public any Town beach and area to surfing
when deemed necessary in the interest of public health, safety or
the protection of the beach area.
E. Any person violating these surfing regulations shall be punished
by a fine or civil penalty of $100 for a first offense and $200 for
each subsequent offense within a twenty-four-month period.
[Amended 3-10-2020 by Art. 28]
[Added 3-9-1999 by Art. 32]
No person shall sell food, beverages or merchandise from a stand,
cart, motor vehicle or his/her person on any Town beach.
[Amended 3-10-1970 by Art. 25; 3-10-2020 by Art. 28]
Except where otherwise provided, any person violating this article
shall be subject to a fine or penalty of not more than $50 for each
violation thereof.
This article shall take effect upon its adoption by the legal
voters of the Town.
[Amended 3-10-2009 by Art. 15; 3-14-2017 by Art. 27]
Dogs are not permitted on Town beaches before 7:00 p.m. or after
9:00 a.m. from the Saturday before Memorial Day to the first Saturday
after Labor Day. The only exception will be the area between Wallis
Sands State Park and Odiorne State Park, where dogs and people are
allowed between the hours of 6:00 a.m. and 12:00 midnight.
A. During this part of the year:
(1) Any
dog shall be otherwise under the control of its owner or other custodian.
A dog not properly under control of its owner or custodian shall be
considered to be a nuisance as defined by RSA 466:31, II, and said
dog shall be immediately secured by a leash or removed from the beach.
[Amended 3-10-2020 by Art. 28]
(2) The
owner or custodian of any dog that defecates on Town of Rye beaches
shall immediately remove such defecation from public property and
dispose of it on their own property or otherwise properly dispose
of same and shall not temporarily place it on public or private property
without the owner's/Town's permission.
(3) These
provisions shall not apply to any dog owned or employed by or acting
on the behalf of law enforcement.
(4) Dogs
are not permitted on Town beaches on Saturdays from 7:00 p.m. until
9:00 p.m. from the Saturday before Memorial Day to the Saturday after
Labor Day. The only exception will be the area between Wallis Sands
State Park and Odiorne State Park.
[Added 3-10-2020 by Art. 34]
B. The Animal Control Officer or any police officer shall have the authority
to enforce the observance of this article relating to animal control.
The Board of Selectmen may empower the Animal Control Officer to serve
notice of forfeiture (citation) relating to animal control, and it
may also empower the Animal Control Officer to investigate all reports
of violations involving animals in this article and RSA 466:1.
[Amended 3-10-2020 by Art. 28]
A. No person, club, association or corporation shall be permitted:
(1) To use the public beaches within the Town for landing or taking out
of boats.
(2) To place or keep upon the public beaches of the Town any boats.
(3) To use any public parking areas in the Town for storage or parking
of boats or boat trailers unless such areas are specifically designated
for this use.
B. Public beaches are defined as Wallis Road Extension, Cable Road Extension,
the area at the end of Perkins Road, and Sawyers Beach.
C. This section shall be effective from June 1 through October 1 in
each year hereafter, unless otherwise permitted to do so by the Board
of Selectmen by written authorization.
D. Specifically exempted from the above prohibitions are acts necessitated
by emergency conditions or acts specifically sanctioned by the State
of New Hampshire in said area.
E. There shall be in addition to any other penalties imposed by law,
a fine or penalty of $50 for each violation of this section.
[Amended 3-10-2020 by Art. 28]
[Added 3-11-2014 by Art. 23]
A. The purpose of the beach permit program outlined herein shall be
to allow management of the time, location, impact and intensity of
commercial beach activities to facilitate the safe, enjoyable, and
accessible use of public beach resources by all beach users.
B. Any person or entity proposing to conduct a group (more than two people, including the instructor) lesson, event or other activity at the beaches designated in Subsection
D, if for a fee or other compensation, or any entity proposing to rent beach equipment as designated in Subsection
E for use at beaches in the Town of Rye, shall first obtain approval of the Board of Selectmen.
C. For the purposes of this section, the word "entity" refers to businesses,
whether corporations, partnerships or proprietorships, and organizations
such as nonprofit corporations, religious institutions and educational
institutions.
D. This section shall apply to beach activities, whether in the ocean
or on land, in the following beach areas:
(1) Wallis Road Extension: the area between Wallis Sands State Park and
Concord Point;
(2) Foss Beach: the area starting to the east of Washington Road and
extending to the Rye Harbor State Park;
(3) Cable Road Extension: the area between the inside sand beach corner
of Lockes Neck to Jenness Beach State Park;
(4) Brown Cottages Beach: the area between Jenness Beach State Park on
the north, southerly to the Eel Pond outlet pipes;
(5) Sawyers Beach: the area starting at the Eel Pond outlet pipes and
extending south to the end of the sand beach just south of the Beach
Club parking lot;
(6) Philbrick's Beach: the area from the east of South Road, southerly
to the Rye Ledges;
(7) Farragut Beach: the sand beach east of the intersection of Central
Road and Ocean Boulevard;
(8) Bass Beach: the area from the Bass Beach cottages southerly to the
North Hampton Town line; and
(9) Seavey Bridge: the beach/boat landing area on the northwest corner
of the Seavey Bridge on Pioneer Road, west of Odiorne Point State
Park.
E. Designated beach equipment shall mean: surfboards, paddle boards,
kayaks, or other equipment as designated by the Board of Selectmen.
F. Instructors and leaders of lessons, events or activities subject
to the provisions herein shall be certified to perform cardiopulmonary
resuscitation (CPR), unless waived by the Board of Selectmen. Such
instructors or leaders shall be deemed "CPR qualified" for the purposes
of this section.
G. Applications for beach permits shall be filed with the Board of Selectmen
on forms provided by the Town at least 30 days prior to the event
or proposed initiation of activities.
H. For beach permits for activities utilizing designated beach equipment, initial permits for applicants that used Rye beaches in 2013 shall be issued for an initial two-year period by the Board of Selectmen for 2014 and 2015 if the frequency, magnitude and impact of activity proposed are at most equivalent to that which occurred in 2013. Such applications and/or permits issued annually in subsequent years, or for those without a history of activity in 2013, shall reflect a frequency, magnitude, location and impact that assures that the purpose outlined in Subsection
A is met.
I. Activities permitted in the immediately prior year that were compliant with permit requirements and that continue to meet the purpose outlined in Subsection
A shall have priority with respect to the size, location and time of approved activities over applications for new activities if an application for such prior activities is submitted prior to April 1 of the following year.
J. All applications for beach permits shall be accompanied by a signed
"Release and Indemnification" form provided by the Town and a certificate
of insurance from an insurance company authorized to do business in
the State of New Hampshire designating the Town of Rye as an additional
named insured in the amount of at least $1,000,000.
K. All applications for beach permits involving the use of designated
beach equipment shall include a "Certification of Participant Release"
on a form provided by the Town and signed by the applicant committing
the applicant to obtaining from each individual participant a signed
"Release of Town of Rye by Participants" form to be provided by the
Town, to be retained by the applicant for a period of at least one
year after the date of the lesson, rental or event, and to be provided
to the Town of Rye upon demand within that time.
L. Permits issued for the rental of designated beach equipment, and
for lessons involving groups of three or four, including the instructor,
shall require proof of insurance and signed "Certification of Participant
Release" and "Release of Town of Rye by Participants" forms, but shall
not stipulate the frequency, magnitude and location of these activities.
M. Fines. Failure to obtain a beach permit for a lesson, event or activity
subject to the provisions of this section or to otherwise comply with
this section shall be a violation subject to a fine or penalty of
$50. Each noncompliant lesson, event or other activity shall be considered
a separate violation. Failure to obtain a beach permit for the rental
of designated beach equipment shall subject the violator to a fine
or penalty of $50 per violation. Each individual rental transaction
shall be considered a separate transaction. A second violation in
any calendar year shall result in a fine or penalty to the business
or event coordinator of $50 for each participant in the lessons or
event.
[Amended 3-10-2020 by Art. 28]
N. Should any subsection, requirement or provision of this section be
held to be invalid or unconstitutional by any court or authority of
competent jurisdiction, such holding shall not affect, impair or invalidate
any other subsection, requirement or provision of this section, and
to such end all subsections and provisions of this section are declared
to be severable.
O. If a permit is denied, the Selectmen shall state the reasons for
denial, in writing, and such denial will appear in the minutes of
the Board of Selectmen's meeting.
[Adopted by Town Meeting 3-18-1995 by Art. 17 (Ord. No. 24)]
[Amended 3-10-2020 by Art. 28]
Vehicles shall not be permitted on the Rye Recreation Field
except emergency and authorized maintenance vehicles. Violators will
be subject to a fine or penalty of $100.