City of Rehoboth Beach, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Commissioners of the City of Rehoboth Beach as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Aircraft on beaches — See Ch. 79, § 79-2.
[Adopted 11-8-1974 as Ch. 11, Art. 2, of the 1974 Code]
No person shall operate any carnival or other similar amusement on Rehoboth Avenue between First Street and the oceanfront.
[Amended 6-10-1983 by Ord. No. 683-3; 3-13-1998 by Ord. No. 398-2]
No person shall engage in any of the following activities or commit any of the following acts on the beach or strand of the city, to the east of the main boardwalk and/or Surf Avenue, during hours when the lifeguards are on duty, except as authorized by the Commissioners:
A. 
Ball playing, quoit pitching, horseshoe pitching, or any other game or play or activity requiring the participant to throw, toss, hit, pitch or kick any ball, quoit, horseshoe, shuttlecock, stone, rock, sand, pebble or other object which may injure any other person if such other person is struck thereby with force.
B. 
Throwing, tossing, hitting, pitching or kicking any ball, quoit, horseshoe, frisbee, shuttlecock, stone, rock, sand, pebble or other object which may injure any other person if such other person be struck therewith with force.
C. 
Engaging in any game, play or pastime requiring the participant to run at such a high speed as to injure any other person if such other person be struck by the participant with force.
D. 
Running at such a high speed as to injure any other person if such other person be struck by the runner with force.
E. 
Kites and airborne devices.
(1) 
Engaging in kite-flying or the use of remote controlled airborne devices.
(2) 
During the hours which kite-flying is permitted, pursuant to this section, all kites shall be attended to at all times by at least one person per kite, and no kite shall be attached to the boardwalk and/or jetty.[1]
[1]
Editor’s Note: Former Subsection F, regarding violation of this section, added 6-16-2008 by Ord. No. 0608-02, which immediately followed, was repealed 3-17-2017 by Ord. No. 0317-01.
[Added 3-17-2017 by Ord. No. 0317-01]
A. 
Umbrellas with a collapsible circular shade no greater than eight feet in diameter stretched over hinged ribs radiating from a central pole no greater than seven feet six inches in height, and without grounding lines, ropes, or sides, are permitted on the beach.
B. 
Devices designed or used to shade infants and small children, also known as "baby tents," no larger than 36 inches high by 36 inches wide by 36 inches deep, are permitted on the beach.
C. 
Excluding umbrellas and baby tents, as described in this section, unless used in conjunction with an event or ceremony where the use has been specifically included in an event permit issued by the City Manager at least 15 days in advance of the intended use, other shading devices, including tents, tarps, cabanas, pavilions, canopies, sports-brellas, temporary bathroom facilities, or similar devices, or any materials mounted on supports, are prohibited.
D. 
Umbrellas and baby tents shall be secured such that uncontrolled movement of the device is restricted. Baby tents, when secured with fasteners, stakes, weights, or the like, shall not endanger beach patrons. Anchoring lines, tethers, or the like shall not extend beyond the perimeter of the baby tent.
E. 
No person shall locate an umbrella or baby tent in an area obscuring a lifeguard's view of the ocean or in an area impeding a lifeguard's egress from a lifeguard stand, as determined by a lifeguard.
F. 
Umbrellas, baby tents, personal equipment, and personal items shall be removed from the beach daily. These items, if left unattended and remaining on the beach after 10:00 p.m. and prior to 7:00 a.m., will be classified as abandoned and may be removed and discarded; however, at no time shall articles be located on the beach such that they impede the routine cleaning or maintenance of the beach.
[Amended 3-13-1998 by Ord. No. 398-2]
A. 
The use of inflated mats and floats not exceeding 25 inches by 72 inches, and containing no metal or other hard substance, or boogie boards not exceeding 25 inches by 48 inches, and containing no metal or other hard substance other than styrofoam or styrofoam-like substance, is permitted on the beaches and adjacent waters to the City Beach, subject to the following conditions and restrictions:
(1) 
The use of such equipment is permitted only during the hours when the Beach Patrol Force is on duty.
(2) 
[1]The Captain of the Beach Patrol Force is authorized, within his reasonable discretion, to decide and declare at what time the conditions of the wind, tide and surf are such as to render unsafe the use of such equipment, and the use thereof is prohibited when declared unsafe.
[1]
Editor's Note: Former Subsection A(2), prohibiting the use of inflated mats and floats on Saturdays and Sundays, was repealed 11-19-2001 by Ord. No. 1101-1. This ordinance also redesignated former Subsection A(3) and (4) as A(2) and (3), respectively.
(3) 
The Captain of the Beach Patrol Force, or any member thereof, is authorized to prohibit the use of such equipment on any part of the beach and adjacent waters as may be so crowded with bathers as to render it unsafe or annoying to such bathers.
B. 
This section shall apply to all persons owning, possessing or hiring such beach equipment.
[Amended 7-10-1987 by Ord. No. 787-4]
No person shall bathe in the Atlantic Ocean, along the beach or strand within the corporate limits of the City at any time when such bathing shall be declared dangerous to life and limb by the City Manager or his designee.
[Amended 7-10-1987 by Ord. No. 787-4]
No person shall be permitted on the beach within the corporate limits of the City when declared dangerous to life and limb by the City Manager or his designee.
[Amended 3-10-1989 by Ord. No. 389-1]
A. 
No person shall sleep, lie or occupy as a sleeping quarter or under the guise or pretending to sleep on any part of the public beaches within the corporate limits of the City between 1:00 a.m. and daybreak.
[Amended 12-16-2011 by Ord. No. 1211-02]
B. 
Persons prohibited from beach. Persons are prohibited from and shall not be on the beach between the hours of 1:00 a.m. and daybreak, during the period between May 1 and September 30.[1]
[Amended 12-16-2011 by Ord. No. 1211-02]
[1]
Editor’s Note: Former Subsection C, regarding violation of this section, added 6-16-2008 by Ord. No. 0608-02, which immediately followed, was repealed 3-17-2017 by Ord. No. 0317-01.
[Amended 3-13-1992 by Ord. No. 392-1]
A. 
As used in this section, surfboard shall include any board other than an inflated mat or float containing any metal or other hard substance.
B. 
No person shall use, maintain or operate a surfboard on the beach or in the waters adjacent to the beach within the corporate limits of the city. The terms of this section shall not apply to the use of surfboards in the area north of the northernmost groin on the City's beach to the northernmost limits of the City's beach, which shall be designated as the "SURFING BEACH."[1]
[Amended 11-19-2001 by Ord. No. 1101-1]
[1]
Editor’s Note: Former Subsection C, regarding violation of this section, added 6-16-2008 by Ord. No. 0608-02, which immediately followed, was repealed 3-17-2017 by Ord. No. 0317-01.
[Added 7-11-1986 by Ord. No. 786-9; amended 6-16-2008 by Ord. No. 0608-02; 3-17-2017 by Ord. No. 0317-01]
No glass bottles or containers of any kind shall be permitted on the beach at any time.
[Added 7-11-1986 by Ord. No. 786-10; amended 6-16-2008 by Ord. No. 0608-02; 3-17-2017 by Ord. No. 0317-01]
No person shall be permitted to swim out to or in from a boat off the beach at any time.
[Added 9-11-1987 by Ord. No. 987-3; amended 3-17-2017 by Ord. No. 0317-01]
It shall be unlawful for any person to build, start, ignite, or maintain any fire or open flame or use any charcoal- or propane-fired grill, cooker, or heating device heated by fire, or any cooking device, on any public beach, public beach access, street end adjacent to the beach, or any public land immediately adjacent to the beach.
[Added 3-13-1992 by Ord. No. 392-1; amended 3-17-2017 by Ord. No. 0317-01]
Any violation of this article is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.
[Adopted 4-21-1995 by Ord. No. 495-1]
As used in this article, the following terms shall have the meanings indicated:
ANNUAL FEE
The compensation due the City from the beach concessionaire each year that he/she is awarded privileges under this article.
BEACH
The area east of the boardwalk, or east of vegetation line and dunes where there is no boardwalk, to the water mark.
BEACH CONCESSIONAIRE
Any person to whom the privileges granted under this article may be awarded. Such rights shall not be assignable except with the approval of the Commissioners.
SEASON
From the third Friday in May and ending on the third Monday following Labor Day.
SECTION I
The entire beach area from the edge of the boardwalk to the water line from the north side of Maryland Avenue to the northern boundary of the city, and shall also include a designated area at Deauville Beach which shall be used by the contractor for the sole purpose of the operation of a single food and drink concession stand as specified.
SECTION II
The entire beach area from the edge of the boardwalk to the water line from the north side of Maryland Avenue to the southern boundary of the City at the south side of Penn Street.
A. 
No person shall sell, hire or rent or offer to sell, hire or rent any article or thing or to perform or offer to perform for price or reward any work or service on any beach or strand within the territorial limits of the City without obtaining a license therefor from the Commissioners.
B. 
Engaging in or soliciting business shall be deemed to mean selling, hiring or renting or offering to sell, hire or rent any article or thing or to perform or offer to perform for price or reward any work or service.
A. 
The City Manager shall maintain the cleanliness of the beaches in a first-class fashion by mechanical device or otherwise.
B. 
The beach concessionaires, on a daily basis, shall be held responsible for keeping their section(s) of beach area free from accumulation of waste materials, rubbish and surplus materials. The City shall provide ample fifty-five-gallon drum trash cans to be used as collection receptacles by the contractor and general public. The City will be responsible for emptying these receptacles each day.
The City Manager shall oversee and supervise the beach concessionaires and their operations under licenses granted by the Commissioners pursuant to this article.
The City Manager shall prequalify all persons desiring to make application for any license to be granted under this article in conjunction with the related beach concessions bidding document. A prequalifying statement shall include:
A. 
Company name and mailing address.
B. 
Number of years in business; number of chairs, umbrellas, floats, rafts and storage buildings presently owned and the present number of employees and supervisors.
C. 
Pictures or drawings of proposed storage buildings; manufacturer of beach chairs and their specifications; manufacturer of umbrellas and their specifications; and manufacturer of floats/rafts and their specifications.
A. 
The City Manager shall, prior to issuing a license, verify to his satisfaction the statements of the person filing a prequalification statement for beach concessions.
B. 
Any misrepresentation of a material fact shall be cause to disqualify such person.
C. 
Any person found guilty of a violation of this article may be disqualified. Any person, upon three such offenses, shall be disqualified as a bidder.
A. 
The City Manager shall, for at least three weeks prior to the first Thursday in January of any year in which bids are to be sought, advertise in a local newspaper and/or other newspapers the fact that the City is seeking bid proposals from persons qualified to operate the beach concessions.
B. 
Bids shall be opened by the first Commissioners meeting in February.
The license fee for each of the two sections of the beach shall be determined by the City Commissioners.
A. 
No proposal will be considered unless accompanied by a certified check drawn on a solvent clearing house bank and made payable to the City of Rehoboth Beach in the amount of 5% of the total proposal. A satisfactory bid bond will be acceptable in lieu of a certified check.
B. 
The successful bidder shall deliver to the City an executed performance bond in an amount at least equal to 100% of the bidder's indicated third season total bid(s). The sureties of all bonds shall be such surety company or companies as are approved by the City and as are authorized to transact business in the State of Delaware. The bonds shall be approved by the City prior to execution of the formal contract.
The bid bonds or certified check deposit of the unsuccessful bidders will be returned within 30 days after the opening of the bids. Upon the execution of a formal contract and bond, the bid bond or certified check deposit shall be returned to the successful bidder.
The Commissioners reserve the right to:
A. 
Reject the bid of any bidder who fails to furnish properly all the required information as indicated by these specifications.
B. 
Verify the qualification of all bidders. Such qualification may serve as the basis for acceptance or rejection of bids.
C. 
Reject any and all bids or to accept any bid in the interest of the city.
The beach concession for each section shall be awarded to the person(s) who have satisfactorily complied with this article and who appear to the Commissioners to be the person(s) most likely to render the best service to the City and its summer visitors.
All bids shall be for one season with a two-year option based on satisfactory performance and shall provide service daily from 9:00 a.m. to 5:30 p.m. Saturday, Sunday and holidays and from 9:00 a.m. to 5:00 p.m. on all other days.
Upon the default of any person who has been awarded any section of beach in payment of the full sum of the license fee for the beach awarded to him or in abandoning his contract, the City Manager may forfeit his bond for performance and hire another person to complete the contract on such terms as he deems just, subject to approval of the Commissioners.
A. 
Payment of the annual fee shall be made to the City by the contractor in cash, certified check or cashiers check to the owner each year this agreement is in effect in installments as follows:
(1) 
Forty percent of the annual fee due on or before July 1.
(2) 
Forty percent of the annual fee due on or before July 30.
(3) 
Twenty percent of the annual fee due on or before August 15.
B. 
The contractor shall be assessed a late payment fee of 10% per annum based on the balance delinquent.
A. 
The concessionaires shall be expected to maintain their equipment in first class condition in such minimum quantity as the City Manager may require and shall employ and maintain courteous and efficient service.
B. 
The failure to employ competent personnel shall be cause to terminate the license.
C. 
Any transfer or change in ownership, without having first obtained the approval of the Commissioners at an official meeting of the Commissioners, shall be cause to terminate the license.
D. 
Upon receipt of written and sworn complaint and hearing before the City Manager, the City Manager shall impose upon any person found guilty on a first offense a fine and penalty of $25, and on a second offense $100, and the third such offense shall be cause to terminate such person's license. Upon failure to pay the fine or penalty, the sum deposited as surety for performance shall be forfeited.
All beach equipment shall be stored in structures built according to submitted specifications and design approved by the City Manager and placed in locations approved by the City Manager.
Each person to whom a license is awarded under this article for any beach section shall carry insurance for general liability to the limits commonly known as $500,000/$300,000 for bodily injury and $200,000 for property damage, and he shall, by accepting the award of such license, agree to indemnify and hold the City harmless against any claim or loss whatsoever arising out of negligence or misconduct on his part or any of his agents, contractors or employees.
A. 
The Commissioners, instead of following the bid procedures set out in this article, may create a committee responsible for the negotiation of a contract for such beach concessions.
B. 
The committee shall recommend to the City Commissioners a beach concessionaire whom it feels meets all the requirements required by the city.
C. 
No contract shall be effective unless approved at a public meeting by the terms as the Commissioners determine are advisable, such as the rate to be charged the public by the beach concessionaire or concessionaires; the length of the contract; a performance bond; insurance requirements; the maintenance of standards of service; default provisions; and whether the person or persons performing the contract shall be classed as a City employee or as an independent contractor.