[Adopted 7-9-1990 by Ord. No. 179]
The Town of Charlestown recreation facilities
are to provide a safe and enjoyable atmosphere for those who attend
them. The following regulations are to ensure that all who use these
facilities are afforded the opportunity to enjoy them.
The Police Department of the Town of Charlestown
shall be responsible for the enforcement of the regulations herein
set forth. Directions from the Director of Parks and Recreation or
any other authorized representative of the Town of Charlestown shall
be obeyed by all visitors. Failure to comply with a lawful order of
these personnel shall warrant expulsion from said facilities.
The Charlestown Town Beach and Sam Ferretti
- Blue Shutters Beach shall be open to the public from 9:00 a.m. to
5:00 p.m. daily. All visitors must show receipt of payment upon entering
the facilities from the parking lot.
[Amended 3-8-2004 by Ord. No. 257]
It is the policy of the Town of Charlestown
to operate and maintain as a municipal facility the Charlestown Town
Beach and the Blue Shutters Beach (the "Town Beaches") during the
Summer Season, which is herein defined as that period of time existing
from Memorial Day to Labor Day of each calendar year. Use of the municipal
parking lots at the Town Beaches shall be governed in accordance with
the regulations contained herein. Any violation of the rules and/or
regulations as set forth herein may result in loss of beach pass and/or
cottage pass privileges without a refund.
A. Beach passes.
(1) All vehicles entering a Town-controlled parking facility,
using a beach pass, must display the Town-issued beach pass. A beach
pass is a sticker that is permanently affixed to the motor vehicle
to be parked at the parking facility located at the Town Beaches.
Beach passes may be obtained in person at the Town Clerk's Office
at the Town Hall or through the mail. All mail-in requests for a beach
pass must include a copy of the applicant's vehicle registration,
operator's license, the appropriate fee and a self-addressed, stamped
envelope. The Town Clerk will process all requests received in the
mail and return them to the applicant in a reasonable time. All mail
in requests must be addressed to the Town Clerk's Office.
(2) For the purposes of determining eligibility to obtain
a beach pass, the following definitions shall apply:
(a)
Resident. A resident shall mean a person who
claims Charlestown as their permanent residence. Businesses, business
entities and/or fictional names are not considered a person for purposes
of determining residency under this ordinance. Proofs of Charlestown
residency may include, but are not limited to:
[1]
A current R.I. or federal income tax return.
[2]
Current voter registration status.
[3]
At least six months billing receipts for utility
service in the applicant's name.
[4]
Rent receipts in the applicant's name for a
period of more than 120 days prior to the date of application.
[5]
A rental/lease agreement for a period of more
than 120 days in duration, duly executed.
[6] A current RI motor vehicle registration with a Charlestown address.
[Added 5-14-2012 by Ord. No. 348]
[7] A current out-of-state motor vehicle registration listed to a Charlestown
homeowner that also registers their car to the same out-of-state address.
[Added 5-14-2012 by Ord. No. 348]
(b)
Nonresident taxpayer. A nonresident taxpayer
shall mean a person(s) that owns a summer home in Charlestown that
is on the current Town tax roll, but may have a primary residence
in another state.
(c)
Dependent child/children. Dependent children
shall mean children who reside in the home of the applicant and are
claimed as a dependent(s) on the applicant's current federal income
tax return.
(3) A beach pass will be issued only to persons meeting
one or more of the following qualifications:
(a)
Any person residing in the Town of Charlestown
whose name appears on the current Town tax roll.
(b)
Nonresident taxpayers who own residential real
property listed on the current Town tax roll.
(c)
Any person residing in the Town of Charlestown
who can show current rent receipts for a period not less than 120
days.
(d)
Dependent children who reside in residential
real estate whose parent(s)' name(s) appear on the current Town real
estate tax roll or appear on a lease that has an effective period
of not less than 120 days.
(e)
The name(s) on the latest deed recorded in the
Land Evidence Records will control the beach permit issuance. There
are no exceptions.
(f)
A valid registration for each motor vehicle
for which a beach pass is sought.
(g)
Resident/nonresident taxpayers with company
issued and/or leased vehicles must show the lease contract, car registration
and their driver's license.
(4) A household may purchase three beach passes for family
members who are residents of the applicant’s household who possess
a corresponding motor vehicle registration address. The address on
each motor vehicle registration presented to purchase a beach pass
sticker for a particular household must coincide with the addresses
listed on the current tax roll. Beach passes will not be sold to owners
of vacant land within the Town of Charlestown. Persons failing to
meet the qualifications for issuance of a beach pass shall be eligible
to purchase a nonresident beach pass for Blue Shutters Beach only.
[Amended 5-14-2012 by Ord. No. 348]
(5) A beach pass will be issued only to motor vehicles
registered to persons meeting the criteria set forth herein. A beach
pass must be permanently affixed to the motor vehicle for which it
was issued. Beach passes are not transferable. Each beach pass will
be marked to indicate the registration number of the motor vehicle
to which it was issued. Any beach pass whose registration number does
not match the vehicle registration upon which it is displayed shall
not be allowed into the Town Beaches parking facility, and the pass
shall be forfeited.
(6) Replacement beach passes may be issued if it is proven
to the satisfaction of the Town Clerk that the original beach pass
or the vehicle on which the beach pass was affixed has been sold,
transferred, damaged beyond repair or destroyed. In such circumstances,
the original beach pass must be removed from the motor vehicle to
which it was affixed and presented to the Town Clerk before a replacement
beach pass will be issued. In this specific instance, there shall
be no fee for the issuance of the replacement beach pass. Other than
the specific situation stated herein, all other replacement beach
passes must be purchased at the full price set by the Town Council
for the relevant Summer Season. The Town bears no liability for beach
passes lost, stolen or destroyed once issued.
(7) If a residence is in the process of being constructed,
a certificate of occupancy must be issued by the Building Official's
office to qualify for the issuance of a beach pass under this ordinance.
B. Cottage passes.
(1) For the purposes of determining eligibility to obtain
a cottage pass, the following definitions shall apply:
(a)
Cottage. A cottage is defined as an occupiable
dwelling, with established electrical service that is located in the
Town of Charlestown. The cottage must be used by the owner or rented/leased
during the Summer Season and not exist merely as a vacant structure.
Businesses, motels, hotels, bed and breakfasts and other similar facilities
are not considered a cottage.
(2) A cottage pass may be used to access Town Beach parking
facilities. Only one cottage pass may be obtained for each rental
cottage unit and may be used to admit only one vehicle per day. The
cottage pass must be presented when entering the Town Beach parking
facilities and must be claimed no later than 1/2 hour (one-half hour)
prior to the beach facility closing. The Town will not be responsible
for cottage passes that are not claimed daily. Cottage passes will
be accepted at Town Beaches parking facilities. Passes are assigned
to a cottage unit and may be used by succeeding tenants. There will
be no rebates for any cottage pass once issued. If a cottage pass
is lost, a replacement may be obtained under the conditions set forth
herein for the issuance of the original cottage pass and must be paid
for at full price set by the Town Council for the relevant Summer
Season. If a cottage is being built, a certificate of occupancy from
the Building Official's office is required before a cottage pass can
be issued.
(3) If a homeowner would like the cottage pass released
to a second party, the Town Clerk's office must have a notarized statement
so stating.
(4) Whenever a cottage pass is issued, the landlord/rental
agent to whom the cottage pass is issued is responsible for informing
any and all cottage tenants and cottage pass users of the cottage
pass terms and conditions for usage. It is the responsibility of the
cottage tenant to reclaim the pass each time the cottage tenant leaves
the Town Beaches facilities.
(5) There is no fee, beach pass or cottage pass required
for walk-ons to the Town Beaches without a motor vehicle.
C. Fees to be set forth annually, prior to the summer
season, by the Town Council upon recommendation of the Parks and Recreation
Commission.
D. Parking. All vehicles must be parked in the parking
lot while attending the beach facility. The Sam Ferretti-Blue Shutters
Beach and the Charlestown Town Beach will be closed at 5:00 p.m. Any
vehicles remaining in the Charlestown Town Beach and Sam Ferretti
- Blue Shutters parking lots after 9:00 p.m. will be subject to ticketing
and/or towing at the owner's expense. Recreational vehicles, including
but not limited to motor homes, campers or trailers of any kind will
not be permitted in the beach parking lots with the exception of the
parking lot adjacent to the Charlestown Town Beach where there is
a designated area to be used exclusively for the parking of boat craft
trailers for daily boating activities.
E. Smoking Prohibited. Smoking is prohibited at Charlestown Town Beach,
557 Charlestown Beach Road; Sam Ferretti Blue Shutters Beach, 469
East Beach Road; Little Nini Beach, 150 Park Lane, Ninigret Park;
and all Town playground and recreational facilities, except in areas
that may be established and designated by the Town Administrator,
provided that, at the beach facilities, playground, recreation and
park facilities, the designated smoking areas shall only be located
within or immediately adjacent to a vehicle parking area.
[Added 6-10-2013 by Ord.
No. 357]
Swimming shall be allowed only when lifeguards
are on duty. Lifeguards shall possess authority to close the designated
swimming areas upon order of the Director of Parks and Recreation
or any authorized official. Failure to obey such orders shall warrant
expulsion from the beach facilities.
No fireworks will be permitted without proper
written approvals.
No person shall offer for sale, on or within
beach areas, any goods or services of a commercial nature without
the required permits and permission of the Town Council.
No person shall broadcast loud and raucous sound
or noise by use of a sound track, electrical amplifier or radio or
create unnecessary or disruptive noise in any manner.
[Amended 3-8-2004 by Ord. No. 257]
For the health, safety and general welfare of
the patrons on any Town beach, the following activities are prohibited
on the Town beaches or associated designated swimming area: skim boarding,
surfboarding, kite surfing, the use of flotation devices and water
vehicles. Water vehicles include, but are not limited to, windsurfing
sailboards, jet skis and any type of boat. The use of boogie boards,
so-called, and the digging of sand pits will be allowed only at the
discretion of the Town lifeguards when on duty and as conditions warrant.
[Amended 3-8-2004 by Ord. No. 257]
No animals are allowed on Town beach areas between
Memorial Day and Labor Day between the hours of 9:00 a.m. to 5:00
p.m. All animals on the Town beaches must be kept on a leash or other
means of restraint at all times. The handler of all animals is responsible
for the clean up and proper disposal of any and all animal waste.
No fires of any kind will be allowed within
beach areas unless authorized by the Director of Parks and Recreation
in conjunction with proper permits obtained from the Charlestown Fire
District.
Nude sunbathing will not be permitted on any
part of the Town beach facilities.
No person shall possess, consume, sell or offer
for sale any intoxicating beverage within the limits of any Town beach
facility.
[Amended 3-8-2004 by Ord. No. 257]
Refer to §
162-2 of the Code of the Town of Charlestown. For safety reasons, no fishing from the Town Beaches will be allowed between Memorial Day and Labor Day between the hours of 9:00 a.m. to 5:00 p.m.
All refuse and waste material shall be deposited
in receptacles provided for that purpose and shall not be left on
the grounds of the beach or other areas. No person shall bring into
the beach or parking area any private refuse, ashes, garbage or other
material for the purpose of disposal within said area.
No glass containers of any kind are permitted
within the limits of the Town beach facilities.
Loitering is not allowed on or within the beach
areas, rest rooms or concession areas.
[Amended 8-20-2012 by Ord. No. 352]
Violators shall be prosecuted by the Chief of
Police of the Town of Charlestown or his/her designee by issuance
of a summons in the Municipal Court.
Any person who shall violate any provision of
this Article shall, upon conviction thereof, be punished for each
violation by a fine of not more than five hundred dollars ($500.)
or by imprisonment for not more than thirty (30) days. The continuation
of a violation of any provision of this Article shall constitute for
each day the violation is continued a separate and distinct violation
hereunder.