(A) Purpose. In recognition of the unique value of Sachuest Beach, also known as Second Beach, to the residents of the Middletown, this section is intended to preserve and protect the beach and its immediate surrounding area from inappropriate development, in order that future generations may continue to use the beach for recreational activities, including sunbathing, swimming, kiteboarding, sailboarding, windsurfing, and boating.
(B) Town responsibilities. To further the purpose of this section, the town, acting through appropriate departments as directed by the Administrator, shall maintain the beach, including its lifeguard structures, buildings, walkways, and parking areas, in good condition at all times, with adequate security and protection during the off-season for beach use.
(C) Voter approval. Any resolution, agreement, or other action by the Council that has the effect of transferring any interest in the real property known as Sachuest Beach or Second Beach, or in any part of such property, from the town to any other person, organization, or entity, shall not become operative until and unless it is approved by the electors; provided that this restriction shall not apply to any lease or contract of limited duration entered into by the town to facilitate management of the beach, including concessions providing amenities for beach patrons.
(D) Any resolution, agreement, or other action taken by the Council under division (C) above shall be submitted to the electors for their approval or rejection not less than 30 days nor more than one year from the date the Council takes its final vote thereon. The Council may, and if no regular election is to be held within such period, shall provide for a special election.
(E) For purposes of division (C) above, the term "interest in the real property" shall be interpreted in the broadest manner consistent with the use of such term in real estate law.
(Ord. 09-06, passed 4-20-09)