(A) Generally. The following regulations apply to the Beverly Shores beaches.
(1) Disturbing the peace. It is unlawful for any person or persons to be loud, boisterous or behave in a manner so as to disturb the peace on any public beach or adjacent parking area or the vicinity thereof in the Town of Beverly Shores, Indiana after the hours of 11:00 p.m. and until sunrise.
(2) Public intoxication. It is hereby declared unlawful for any person or persons in any picnic or beach party to be intoxicated or for any person or persons in any party to behave in a manner to be offensive to the public on any public beach or beaches in the Town of Beverly Shores, Indiana.
(3) Fireworks. The use of fireworks shall be in accordance with the laws of the State of Indiana.
(4) Throwing, depositing or leaving garbage or refuse. It shall be unlawful to throw, deposit or leave any refuse, papers, garbage, bottles or glass upon any beach in the Town of Beverly Shores, Indiana.
(5) Vending or peddling. It shall be unlawful for any street vendor or peddler to sell soft drinks or any drinks of any kind, or to sell candies, ice cream, sandwiches or any other ware or article upon any public beach or street in the Town of Beverly Shores, Indiana, without a permit issued by the Town Council.
(6) Picnic or beach party upon a private beach. It is declared unlawful for any person or persons to picnic or have a beach party upon any private beach, excepting owners or upon having written permission of the owners.
(7) Glass container, bottle, jar or other receptacle. No person or persons shall have, take or cause to be taken, any glass container, bottle, jar or other receptacle made either in part or all of glass upon, over, into or any public beaches or parks in the Town of Beverly Shores, Indiana.
(B) Watercraft.
(1) Signage. All watercraft storage areas shall be identified as such by the Park Department, as well as their boundaries, by signage on posts installed on the beach at approximately the line where vegetation begins coming up from the water and at the property line boundaries.
(a) These signs will be of a natural styles (for example, wood planks) with the words "Boats" routed or painted and an arrow pointing left or right. All of the boundary markers will be mounted on sturdy wood or similar posts.
(b) Pairs of these signs will be installed at the edges of the designated watercraft storage areas. This will typically be at the beach edge of the marram grass and at either end of the town's property line with the National Park Service.
(c) The Park Department has the right to open, close and move watercraft storage areas based on the condition of the individual beaches at any time.
(d) No watercraft may be stored outside of the designated watercraft storage area at any time. If the number of watercraft seeking storage exceeds the available storage space at any time, watercraft will be stored on a first come, first served basis.
(e) A warning sign, advising of these ordinances and the maximum fine for each violation thereof, is to be posted in plain view of the boat storage area.
(2) Boat storage areas.
(a) A boat storage area shall be designated on all of the Town of Beverly Shores’ beaches.
(b) Sign posts shall be installed and maintained on the beach at the vegetation line to designate boat storage areas. All registered watercraft must be stored, with registration visible, between the boat storage area signs on the open sand, north of the signs and off of any marram grass, regardless of weather conditions, beach conditions, water level, number of watercraft present, or any other circumstances. The Park Department has the right to remove any watercraft (registered or non-registered) or personal property stored outside of the designated boat storage area at any time. The Town Marshal and the Park Department have the right to cut locks and cables in order to remove any illegally-stored watercraft or personal property. The town, Town Marshal, and the Park Department shall not be liable for the cost of the lock or cable to the owner, or any damage caused during the removal of any illegally-stored watercraft or personal property.
(c) The Park Department may erect storage racks on town beaches to store the following watercraft types: kayaks, canoes, and stand up paddleboards (SUP). No other types of watercraft may be stored on or around these racks. All watercraft stored in the racks must be removed on or before November 1 per division (B). No personal property may be stored at these racks. Watercraft types allowed in the racks may be stored in the rack and must not be stored in the marram grass. The Park Department has the right to remove any watercraft that is not allowed to be stored in the racks from the racks. A registered watercraft that is removed from the racks shall be placed in the boat storage area, and the owner shall be assessed a fine pursuant to § 10.98 of the Town Code. Non-registered watercraft and personal property stored on the racks shall be subject to citation and removal under division (B)(4) of this section. The Town Marshal and Park Department have the right to cut locks and cables in order to remove any illegally-stored watercraft and personal property. The town, Town Marshal, and the Park Department shall not be liable for the cost of the lock or cable to the owner, or any damage caused during the removal of any illegally-stored watercraft or personal property.
(3) Registration.
(a) All watercraft stored on town beaches shall be registered through the Clerk-Treasurer’s office.
(b) Registration is to be demonstrated by a sticker, which must be affixed to the watercraft, and shall be provided upon completion of the registration application and payment of any required fee.
(c) Registration shall be annual on a calendar-year basis, with the fee to be determined annually. For current registration fee, see § 10.99, Fee Schedule.
(d) Appropriate receipts will be issued and records kept of all funds received, and all such funds shall be deposited in the Park Department’s fund.
(e) Registration for watercraft is only available to an improved property owner, property owner holding a current valid building permit or a resident of the town, and a registration may only be issued upon the applicant demonstrating by documentation that their garbage bill and all other town fees have been paid in full, including any penalties.
(f) All registrants will sign a disclaimer at the time of registration, relieving the town of any liability for any loss or damage caused by, arising out of, or resulting from the use of a town boat storage area or damage sustained in the removal of illegally-stored watercraft or personal property.
(4) Non-registered and illegally-stored watercraft.
(a) Non-registered watercraft stored anywhere on the beach or registered watercraft stored in violation of the terms of this division will be cited with a warning to remove the watercraft or otherwise cease violation of division (B) within 15 days.
(b) After such 15-day period, all watercraft still in violation of division (B) may be confiscated by the Town Marshal or other authority.
(5) Seizure and removal of non-registered or illegally-stored watercraft and personal property.
(a) No watercraft (including catamarans) or personal property may be stored on a town beach between November 1 and April 1. All registered watercraft shall be removed from the beach storage area and any town beach on or before November 1 of each year.
(b) Any watercraft and personal property illegally-stored on the beaches at any time shall be subject to seizure by the Town Marshal pursuant to division (B)(4) above.
(c) Any watercraft and personal property not removed by November 1 of each year or stored on the beaches before April 1 of each year, shall be subject to seizure by the Town Marshal.
(d) Seizure, removal, transportation and storage expenses will be borne by the owner and/or registrant, and if any such item is unclaimed after December 31 of the year in which it is seized, it may be auctioned off to recover expenses incurred by the town in seizing, removing, transporting, storing and selling the item.
(C) Motorized watercraft prohibited.
(1) Motorized watercraft shall not be eligible for registration with the town.
(2) Motorized watercraft may not be stored on any town beach.
(3) A written warning sign, advising of this prohibition and the maximum fine for each violation thereof, is to be posted in full and plain view at each beach access point and boat storage area, with phone numbers of law enforcement agencies included to facilitate reporting of violations of this division.
(D) Definitions. For purposes of this section, the following definitions shall apply unless the context indicates or requires a different meaning.
MOTORIZED WATERCRAFT.
(a) Defined pursuant to I.C. 14-8-2-169 as a watercraft propelled by:
1. An internal combustion, steam, or electrical inboard or outboard motor or engine; or
2. Any mechanical means.
(b) This definition includes sailboats that are equipped with a motor or engine or personal watercraft as defined in I.C. 14-8-2-202.5.
TOWN.
The Town of Beverly Shores.
WATERCRAFT. Defined pursuant to I.C. 14-8-2-305 as any instrumentality or device in or by means of which a person may be transported upon the public water of Indiana. The term includes, but is not limited to, a motorboat, sailboat, catamaran, rowboat, skiff, dinghy, kayak, standup paddleboard (SUP) or canoe: whether or not used to carry passengers for hire.
(E) Penalty.
(1) For current fines, see § 10.98.
(2) Each day on which a violation of division (B) exists shall be deemed a separate violation.
(3) A motorized watercraft that violates the prohibitions of divisions (B) and (C) shall be deemed to have committed two separate violations.
(Ord. 4, passed 7-21-1947; Am. Ord. 20, passed 8-21-1950 (84-2); Am. Ord. 88-1, passed 8-15-1988; Am. Ord. 09-06, passed 6-15-2009; Am. Ord. 2012-06, passed 6-18-2012; Am. Ord. 2013-07, passed 7-15-2013; Am. Ord. 2014-01, passed 2-17-2014; Am. Ord. 2018-13, passed 12-18-2018) Penalty, see § 91.99
Cross-reference:
For parking permits, see § 71.06