(A) The term
PRIMARY DUNE shall be defined as the first mounds of sand located landward of the ocean beaches having an elevation equal to the mean flood level for the area plus six feet. In areas where there is a primary dune, that dune shall be deemed to be the frontal dune. Where there is no primary dune, the FRONTAL DUNE shall be deemed to be the first mound of sand located landward of the ocean beach with sufficient vegetation, height, continuity and configuration to offer protective value from storms.
(B) (1) It shall be unlawful for any person not on his own property to traverse or walk upon, over or across, or to damage in any manner whatsoever, the primary or frontal sand dune at any point within the corporate limits of the town other than at the points designated as “beach accessways” which provide access to the beach over the primary or frontal sand dune. At the access points (which are designated and properly marked), individuals may only use the improved, artificial walkway to gain access to the beach over the frontal or primary sand dune, and shall not traverse on the sand or vegetation directly.
(2) The town shall properly identify all accessways and shall post notices to the effect that it is unlawful to traverse the dunes at any point other than an accessway.
(C) It shall be unlawful for any person to intentionally damage in any manner whatsoever, vegetation growing anywhere on the beach or frontal dune. The penalty for failure to comply with this section shall be as prescribed in § 10.99.
(D) Violation of this section shall be a misdemeanor and punished with a fine of $100 for each violation.
(Ord. passed - -99; Am. Res. passed 7-12-01; Am. Res. passed 11-10-05)