(A) The Board of Aldermen has made the following findings:
(1) That the public beach is a public area which is open and accessible to all persons;
(2) That the public beach is maintained and subjected to reasonable regulation by the town in order to promote the health, safety, welfare and morals of all persons using the beach;
(3) That the public beach provides a unique area for all persons to pursue peaceful relaxation and quiet enjoyment in a reasonable manner;
(4) That the public beach has been and continues to be a unique public recreation area, different in respect to all other public areas within the municipality;
(5) That it is desirable and necessary to preserve the unique nature of the public beaches and to protect all persons who utilize the beaches from undue annoyance, disturbance and inconvenience.
(B) Special events regulated by this chapter and taking place in areas defined as “public beaches” are limited to an area designated on the permit no greater than 100 feet in width measured parallel to the shoreline. The area is further limited to the unvegetated dry sand beach except for water-based activities which may include the wet sand beach and ocean waters. If the special event meeting the standards for permit issuance is too large to be contained in a designated area, but is otherwise in accord with the standards set forth in this chapter, the Board of Aldermen may enlarge a designated area to accommodate the event.
(C) (Reserved).
(D) Certain activities on beaches are prohibited. It shall be unlawful for any person, organization, society, association or corporation, or any agent, member or representative thereof, directly or indirectly, (i) to solicit property, business or financial assistance of any kind, (ii) to distribute free product samples, admission passes, or entry tickets, (iii) to conduct any sales or rental business, (iv) to sell or offer to sell any service, article, good, publication, subscription or other thing of value in the area previously defined in this chapter as the public beach, unless specifically authorized in a special event permit issued by the Board of Aldermen.
(E) Notwithstanding the provisions of this section, certain activities subject to division (D) are allowed in accordance with § 92.28.
(Ord. 1616, passed 1-14-10; Am. Ord. 1640, passed 8-12-10) Penalty, see § 98.99