[Adopted 4-17-1999]
The Board of Selectmen is authorized to adopt
regulations providing for the management of Town-owned beaches to
protect piping plover habitat and piping plovers during their nesting
season (April 1 to September 1 of each year) consistent with the Guidelines
for Managing Recreational Activities in Piping Plover Breeding Habitat
on the U.S. Atlantic Coast to Avoid Take Under Section 9 of the Endangered
Species Act, promulgated by the United States Fish and Wildlife Service,
Northeast Region, dated April 15, 1994, following notice and a public
hearing. The regulations shall contain such other provisions as the
Board deems necessary and appropriate, including but not limited to
a process pursuant to which the Board of Selectmen, on behalf of the
Town, may agree to manage other beaches in accordance with the Town's
management plan upon the request of the property owners.
It shall be a violation of this article to engage
in activities prohibited by the regulations adopted pursuant to this
article. Any person, firm or corporation who or which engages in activities
prohibited by the regulations shall be deemed to have committed a
civil violation and shall be subject to a civil penalty not to exceed
$1,000 for each violation. If a violation occurs more than once or
continues for more than one day, then each occurrence or each day
that the violation continues shall be a separate violation.
