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(A) When conditions exist which make it unsafe for persons to swim in the waters of the Atlantic Ocean adjoining the town boundaries or other waters within or adjoining the boundaries of the town, the Town Manager is authorized to declare designated portions of the Atlantic Ocean or other waters within or adjoining the boundaries of the town to be unsafe for swimming. Such declaration shall be in writing, shall be signed by the Town Manager and shall specifically describe the geographic area so determined to be unsafe.
(B) Upon execution of such a declaration by the Town Manager, it shall be unlawful for any person to swim in the areas declared to be unsafe by the Town Manager.
(C) Any declaration issued by the Town Manager under the provisions of this section shall be valid for a period of 14 days excluding the day on which the declaration is signed. Upon the expiration of such 14-day period, the Town Manager's declaration shall expire; upon such expiration it shall no longer be unlawful to swim in the areas described in the declaration; provided, that nothing shall prevent the Board of Aldermen from continuing such prohibition of swimming for such additional period and within such areas as it deems appropriate by ordinance adopted either before or after expiration of the Town Manager's declaration.
(D) Nothing contained herein shall be construed to permit the Town Manager, acting pursuant to this authority, or the Board of Aldermen to prohibit swimming altogether within the waters of the Atlantic Ocean adjacent to the boundaries of the town or within other waters within or adjacent to the boundaries of the town.
('72 Code, § 13-6) (Am. Ord. 1239, passed 8-25-94) Penalty, see § 92.99