(A) Kiteboarding, windsurfing and/or sailboarding is prohibited in the designated swim area at Sachuest Beach during the period from May 15 to October 1, of any year.
(B) Kiteboarding, windsurfing and/or sailboarding is allowed outside of the designated swim area at Sachuest Beach at all times during the year.
(C) The launching or landing of kiteboards, windsurfers and/or sailboards shall only be permitted in areas designated for that purpose from May 15 to October 1. Kiteboards cannot launch from the designated beach area until after 6 p.m. from May 15 to October 1.
(D) At all times, the Town Administrator, or his designee, in his/her sole judgment and discretion, in the interest of public health, safety or welfare, taking into consideration weather conditions, sea conditions, population of the beach or swim area, other activities taking place at the beach or any other conditions or factors as he/she may deem appropriate may prohibit the launching, landing or riding of kiteboards, windboards, sailboards and the like.
(E) It shall be unlawful at any time:
(1) For any person to ride a kiteboard, windsurfer, sailboard or the like within 100 feet of any person, swimmer, wader, surfer, boat or other watercraft;
(2) For any person to launch or ride a kiteboard, windsurfer, sailboard or the like within 50 feet of any designated swim area;
(3) For any person to launch or ride a kiteboard, windsurfer, sailboard or the like in a reckless manner so as to endanger the health and safety of person or property;
(4) To leave any kiteboard, windsurfer or sailboard control line, kite or sail lying unsecured on the beach when the kite or sail is not in use. Control lines, kites sails and boards shall be secured in such a manner so as to not create an obstruction, hindrance or hazard for town equipment or vehicles or users of the beach. All equipment shall be stored not less than 25 feet from the water's edge; or
(5) For any person to leave kitesurfing, windsurfing or boardsailing equipment on the dunes.
(F) For the purposes of this section, the term
DESIGNATED SWIM AREA shall be that area bounded off shore by an imaginary line running parallel to the shore and passing through the buoys placed off shore for the purpose of marking the designated swim area; bounded on the east by an imaginary line extending perpendicular to the first mentioned line through the eastern most buoy to the shore and arriving at a point on the shore no closer than 100 feet from the nearest lifeguard stand; and bounded westerly by the natural rock formation at the western end of Sachuest Beach.
(Ord. passed 5-16-05; Am. Ord. 09-04, passed 4-20-09)