State law reference — Shore Development Act of 1956, G.L.
1956, § 46-3-1 et seq.
[Rev. Ords. 1989, § 9-16]
It shall be unlawful for any person or group of persons to sell,
offer for sale, rent or offer to rent any merchandise of any kind
or nature or to solicit for any business purpose upon the public beach
areas situated between the Old Harbor breakwater up to and including
Mansion Beach, or the dune areas, parking areas, and rights-of-way,
whether public or private, adjacent to such beaches.
[Rev. Ords. 1989, § 9-17]
It shall be unlawful for any person to deposit, leave or discard
any cans, bottles, papers, paper or plastic goods, trash or rubbish
of any kind, material or nature on any beach of part of the shoreline
of the town.
[Rev. Ords. 1989, § 9-18]
(a)
It shall be unlawful for any person or group of persons to kindle,
light, or maintain an open fire on any beach or part of the shoreline
of the town without first obtaining a permit from the agent designated
by the town to issue the permit.
(b)
It shall be unlawful for any person or group of persons, having kindled,
lighted, or made use of an open fire on the beaches or any part of
the shoreline of the town, to fail to extinguish the fire before leaving
the area.
(c)
The town council shall designate an agent to be responsible for the
issuance of permits required under this section.
[Rev. Ords. 1989, § 9-19]
It shall be unlawful for any person to sleep, loiter, lounge
or remain on any beach and areas adjacent thereto or any other public
or private area of the town between the hours of 8:00 p.m. and 8:00
a.m.
[Rev. Ords. 1989, § 9-20]
The chief of police or any state or town lifeguard may prohibit
the use of surfboards in the area extending northerly from the Old
Harbor breakwater to and including Scotch Beach and Mansion Beach
when, in the opinion of the chief of police or lifeguard due to congestion
of bathers or the conditions of the surf, the use of surfboards would
be hazardous or endangering to the person of the bathers or the surfer.
[Rev. Ords. 1989, § 9-21]
The first warden, the second warden or the chief of police may
grant an exception to the provisions of this article to any duly organized
or constituted group. The granting of an exception shall be in writing
and shall contain the official name of the organization granted the
exception, the name of at least one adult who shall be responsible
for the orderly conduct and policing of the group, the area to be
occupied, the period of time authorized and the name and office of
the town officer granting the exception. The exception or permit as
completed above shall be kept by the person in charge of the group
and exhibited upon request made by any police officer or person owning
land adjacent to the occupied area.
[Rev. Ords. 1989, § 9-22]
(a)
Permit required for motor vehicles. No motor vehicle shall be allowed
on the public beaches of the town without a valid updated permit from
the coastal resources management council.
(b)
Use restrictions.
(1)
All motor vehicles or motor-propelled vehicles of any description
are prohibited on dunes except on trails marked expressly for vehicular
use and on all lands designated open space owned and/or maintained
by the town for the benefit of the general public.
(2)
All horses are prohibited on dunes except on designated passageways.
(3)
Vehicular use on beaches where not otherwise prohibited or restricted
by property owners or by private or public management programs is
prohibited at all times for motorcycles, minibikes, mopeds, snowmobiles,
all-terrain motorized cycles, tripeds and tricycles except for authorized
management-related vehicles.
(4)
Motor vehicles, or motor-propelled vehicles of any description, and
horses are particularly prohibited on the sand dunes on the East Beach
in the area between the highway and the beach from Old Harbor breakwater
to Mansion Beach, including Surf, Main, Scotch and Mansion Beaches
and all areas in between, except on designated passageways.
(c)
Seasonal restrictions. It shall be unlawful for any person to operate
or park any motor vehicle or motor-propelled vehicle of any description
or ride or walk a horse on the public beaches of the town situated
between the Old Harbor breakwater and Mansion Beach, including Surf,
Main, Scotch and Mansion Beaches, between the hours of 9:00 a.m. to
6:00 p.m., from May 15 to October 15 of each year.
(d)
Exemption. Town and state vehicles, emergency vehicles and other
vehicles used by or for the assistance of incapacitated persons shall
be exempt from this section.
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State law reference — Coastal resources management, G.L.
1956, § 46-23-1 et seq.
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