§ 153.097 SPECIAL USES.
   (A)   Playgrounds. All playgrounds and parks in the OIR Zone shall be operated by a governmental entity or nonprofit organization (except day care centers and private schools). The sponsoring agency shall provide in writing a maintenance schedule and shall designate those parties who shall be responsible for the periodic policing and maintenance of the grounds and the resolution of any use conflict.
   (B)   Places of worship.
   (C)   Private lifeguard services.
      (1)   Applications for operation of private lifeguard services as a conditional use within the OIR Zone shall be submitted in accordance with requirements of § 153.353 and additionally shall be reviewed by the Zoning Administrator for purposes of compliance with this chapter and Title XIII of this code, including rentals and advertising; by the Town Fire Chief for purposes of compliance with the established policies and procedures of the town's lifeguard service, including training, emergency incidents, communications and identification; and by the Town Police Chief for purposes of compliance with Title VII of this code, including beach driving. Applications for operation of private lifeguard services as a special use shall be approved by the Board of Commissioners.
      (2)   The following standards shall apply to private lifeguard services in the OIR Zone:
         (a)   Training. Private lifeguard services shall comply with the same qualifications and training standards that the town requires of its public lifeguard service.
         (b)   Communication. Private lifeguard services shall equip their personnel with radios interoperable with the system utilized by the town lifeguard service.
         (c)   Emergency incidents. Dispatch and response procedures, missing persons search procedures and other issues shall conform to policies established by the town in order to minimize confusion and increase efficiency.
         (d)   Identification. Equipment and stands must be clearly marked with a sign stating "Private Lifeguard" and include the name, address and telephone number of the responsible party. Delineated private response areas shall be clearly written out on the sign and the area of coverage shall be marked along the ocean front by an approved two-flag system.
         (e)   Beach driving. Except for initial equipment placement and removal, and in case of severe/threatening weather (hurricane, tropical storm and the like), no beach driving will be allowed except in accordance with the provisions of Title VII of this code.
         (f)   Rentals. Rentals shall be limited to umbrellas and beach chairs. No sale of drinks, food or other refreshments or any other retail sales or rentals shall be permitted. Rental activities conducted by private lifeguard services shall be in compliance with the provisions of Title XIII of this code.
         (g)   Advertising. Private lifeguard stands and uniforms shall not be used for commercial advertising for any other business or product.
(Ord. 91-08, passed 11-18-91; Am. Ord. 97-05, passed 6-25-97; Am. Ord. 00-05, passed 2-14-00; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)