Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Dewey Beach, DE
Sussex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 9-7-1984 as Ch. 4 of the 1984 Code]
[Added 7-8-1994 by Ord. No. 304; amended 5-10-1997 by Ord. No. 374; 12-6-2008 by Ord. No. 636 cont'd]
Any violation of this article is declared to be a civil offense pursuant to Chapter 80 of the Municipal Code of the Town of Dewey Beach.
It shall be unlawful for any person to be on the beach between the hours of 1:00 a.m. and 5:00 a.m. during the summer season.
[Amended 4-6-2013 by Ord. No. 700]
No person shall permit a dog or other animal to be on the ocean beach between the hours of 9:30 a.m. and 5:30 p.m. during the summer season.
[Amended 6-25-2021 by Ord. No. 767[1]]
No person shall engage in surf fishing when bathers are within 100 feet between the hours of 10:00 a.m. and 5:00 p.m. during the summer season.
[1]
Editor's Note: This ordinance also changed the title of this article from "Use and Activities" to "Ocean Beach Use and Activities."
[Amended 6-8-1985 by Ord. No. 65; 6-25-2021 by Ord. No. 767]
Glass containers are prohibited on the beach.
[Amended 4-16-1988 by Ord. No. 107; 6-25-2021 by Ord. No. 767]
A. 
No person shall have a beach fire without receiving a permit and paying the fee required by the Town of Dewey Beach Fee Schedule.
B. 
All fires must be extinguished and the beach cleaned up by 11:00 p.m.
C. 
Any cleanup fee deposit not used shall be refundable after 1:00 p.m. the day following the permitted fire.
D. 
Seasonal permits may be revoked for failure to comply with the regulations. Upon revocation, fees paid shall not be refundable.
[Amended 7-9-1993 by Ord. No. 268; 7-9-1999 by Ord. No. 409; 6-25-2021 by Ord. No. 767]
A. 
No person shall keep, anchor, maintain, or permit any boat owned or operated by him to be kept, anchored, or maintained on any public beach within the Town of Dewey Beach between the hours of 10:00 a.m. and 5:00 p.m. during the summer season without the previous written consent of the Commissioners of Dewey Beach.
B. 
Motorized boats, including but not limited to watercraft described as boats with propeller-driven motors, jet-skies, personal watercraft propelled by mechanized water propulsion or systems, and/or sailboats with auxiliary motors, whether such motors or propulsion devices are engaged, are prohibited from being launched or landed from any ocean beach areas during the summer season. Nonmotorized boats are prohibited from being launched or landed from any ocean beach areas between the hours of 10:00 a.m. and 5:00 p.m. during the summer season
C. 
No person shall be permitted to swim out to or in from a boat off the beach at any time.
[Amended 12-8-1984 by Ord. No. 61; 6-25-2021 by Ord. No. 767]
A. 
No vehicles shall be driven on the beach during the summer season, except those operated by police, fire, emergency, Town, beach concessionaires under contract, or other authorized municipal or state vehicle on official business.
B. 
During the off season all vehicles must conform to the licensing and equipment as required by the state and must enter and exit at Chicago Street.
[Added 3-9-1986 by Ord. No. 343; amended 7-17-1998 by Ord. No. 394; 10-14-2006 by Ord. No. 580; 6-25-2021 by Ord. No. 767]
A. 
All volleyball activities and games shall be restricted to designated volleyball areas as established by the Dewey Beach Patrol or the Town Manager.
B. 
Private volleyball posts and nets may be erected on public beach areas, provided that the location of posts is approved by the Dewey Beach Patrol or the Town Manager. The Town of Dewey Beach, its officers and officials shall not be responsible or liable for volleyball equipment erected or for incidents and/or injuries resulting from the use of the beach for volleyball. By the act of erecting the volleyball posts, the persons doing so shall indemnify and hold the Town and its officers and officials harmless from any incident and/or injury that may occur from the use of the beach for volleyball.
C. 
Between the hours of 11:00 a.m. and 3:00 p.m. on weekends and holidays all sports activities involving airborne objects other than volleyball and sports activities involving adults or teenagers over the age of 13 shall be prohibited. The term "sports activities" shall include any physical activity which, as a result of the activity, could cause physical harm to another individual.
D. 
For definition purposes, whenever a holiday falls on a Thursday, the following Friday is considered the "holiday" identified in this article. Whenever a holiday falls on a Tuesday, the preceding Monday is considered the "holiday" identified in this article.
E. 
Exempt from the provisions of this article are all sports activities involving a mother and/or a father, or guardian, who is playing with a child under the age of 13.
F. 
Regulations for the designation and location of all sports activity zones shall be prepared by the Town Manager.
G. 
No person shall use a surfboard or skimboard, or any other type of water sport device that is constructed with nonflexible material when within 100 feet of bathers. All uses of a surfboard or skimboard, or any other type of water sport device that is constructed with nonflexible material, shall be restricted to designated areas as established at the discretion of the Dewey Beach Patrol.
[Added 5-10-1997 by Ord. No. 374; 6-25-2021 by Ord. No. 767]
A. 
The captain of the Dewey Beach patrol is hereby authorized to exercise reasonable discretion to determine and declare the beach and surf area within the Town of Dewey Beach closed for reasons of unsafe weather, tide, surf, or any other hazard or unsafe condition determined by the captain. The term “captain” as used herein shall also include a deputy or acting captain as determined by the captain of the Dewey Beach Patrol.
B. 
No person or persons shall be permitted on the beach or within the waters of the Atlantic Ocean contiguous to the beach declared unsafe for use.