§ 22-66. Beach access driving regulations.

(a)

No person shall park, operate or otherwise allow their motor-driven vehicle to be parked located upon or driven over the beach strand, sand dune areas, frontal dunes and any area between the beach strand and frontal dune and/or sand dune area within the town at any time between April 1 or the Thursday before Easter at 12:01 a.m. (whichever is earlier) and September 30 at 12:00 midnight of each year. Provided, however, that the restrictions contained in this subsection shall not apply to handicapped persons as defined herein.

(b)

Four-wheel drive vehicles possessing valid town permits shall be allowed on the beach strand at any time, 24 hours a day, during the period beginning at 12:01 a.m. October 1; of each year and ending at 12:00 midnight on March 31 or the Thursday before Easter of the next year (whichever is earlier). Provided, further, that motor-driven vehicles operated by handicapped persons as defined herein and possessing valid town permits shall be allowed on the beach strand as provided in this division at all times of the year; provided, however, that during the periods of April 1 through September 30, motor-driven vehicles operated by handicapped persons shall only be allowed on the beach strand between sunrise and sunset.

(c)

No motor-driven vehicle shall be allowed on any portion of the beach strand adjacent to the Atlantic Ocean and lying north of Drum Avenue.

(d)

No motor-driven vehicle shall be allowed on the following:

(1)

The sand dune area;

(2)

Closer than ten feet to the front toe of a frontal dune.

(e)

No motor-driven vehicle shall be allowed on the beach strand unless the vehicle is a factory manufactured four-wheel drive vehicle; provided, however, that the restrictions contained in this subsection shall not apply to handicapped persons as defined herein.

(f)

The speed of any motor-driven vehicle operating on the beach strand shall not exceed 15 miles per hour.

(g)

Any motor vehicle on the strand must be engaged in either a commercial fishing, sports fishing or construction capacity. There shall be no joyriding allowed. The possession of fishing equipment or construction equipment shall be required; provided, however, that the restrictions contained in this subsection shall not apply to handicapped persons as defined herein.

(h)

No motor-driven vehicles shall at any time cross to the beach strand unless crossing is at accessways designated by the board as vehicular crossings.

(i)

Pedestrians, swimmers and sunbathers shall have the right-of-way over all vehicles being operated on the beach strand.

(j)

Police vehicles, ambulances, municipal vehicles and fire vehicles are exempt from this division.

(k)

No motor vehicle is allowed to park at any point north of the designated marker located on the beach strand. This marker shall be located approximately 0.5 miles south of the Drum Avenue vehicle access.

(l)

Town officials may restrict or close the beach to vehicular access at any time for safety reasons, or to protect the dune structure during unusually high tides.

(Code 1979, § 7-1073; Code 1990, § 10-73; Ord. of 10-20-1988; Ord. No. 93-001, § 2, 1-13-1993; Ord. No. 00-008, §§ 1—4, 9-27-2000; Ord. No. 04-05, § 1, 11-10-2004)