The provisions of Article II shall apply exclusively to Bayfront Park, which shall be defined as that area shown on Tax Map 105, Parcel 14, and generally known as "Bayfront Park" and designated as such by signs. Bayfront Park shall include those portions of the water of the Chesapeake Bay for which the Town, or the patrons of the park through swimming and other water activities, are exercising a riparian right. Bayfront Park is hereby designated as a public park.
Bayfront Park shall be open to the public between the hours
of 6:00 a.m. and 9:00 p.m., eastern standard time. It shall be unlawful
for an unauthorized person to be in Bayfront Park during any time
other than the hours in which the park is open to the public. Any
person or entity violating the provisions of this section shall be
guilty of a municipal infraction and, upon conviction thereof, is
subject to a fine of $50.
A.
Because of the sensitive environmental nature of Bayfront Park, this
section shall apply to the offense of littering when such offense
occurs within Bayfront Park, rather than any littering ordinances
or code provisions which apply generally throughout the Town.
B.
In this section, "litter" shall mean garbage, refuse, or rubbish,
including:
(1)
Putrefactive animal and vegetable wastes from the handling, preparation,
cooking or consumption of food; and
(2)
All putrefactive solid wastes, including, but not limited to, yard
clippings, leaves, dead animals, domestic animal feces, and industrial
wastes; and
(3)
All nonputrefactive solid wastes consisting of both combustible and
noncombustible wastes, including but not limited to ash, paper, wrappings,
cigarettes, cardboard, tin/aluminum cans, wood, glass, abandoned vehicles
or any parts thereof, bedding, crockery and similar materials.
C.
It shall be unlawful for any person or entity to throw, discard or
deposit litter in any portion of Bayfront Park other than in a public
trash receptacle designed to accommodate such wastes and in such a
manner that the litter will be prevented from being carried or deposited
by the elements upon any other part of the park. If a public trash
receptacle is full or is not provided, then all such litter must be
carried away from the park by the person or entity responsible for
its presence and properly disposed of elsewhere, in a place acceptable
in accordance with all other laws, ordinances and regulations.
D.
Any person or entity violating the provisions of this section shall
be guilty of a municipal infraction and, upon conviction thereof,
is subject to a fine of $250.
It shall be unlawful to fish or crab, regardless of the means,
from the beach area or inland wetland areas of Bayfront Park. Any
person or entity violating the provisions of this section shall be
guilty of a municipal infraction and, upon conviction thereof, is
subject to a fine of $100.
A.
Swimming shall be allowed in Bayfront Park only from the beach area,
designated as that area which has sand along the waterline. It shall
be unlawful to swim from any area other than the beach area within
Bayfront Park. It shall be unlawful to dive from within any portion
of Bayfront Park, including the beach area. It shall be unlawful for
the parent or guardian of a child under the age of 13 to allow that
child to swim in Bayfront Park without being supervised by a parent,
guardian, or other adult charged with responsibility for the safety
of that child. Any person or entity violating the provisions of this
section shall be guilty of a municipal infraction and, upon conviction
thereof, is subject to a fine of $100.
B.
All swimming at Bayfront Park shall be at the swimmer's sole risk.
The Town shall not provide lifeguard services or otherwise supervise
the swimming activities at Bayfront Park.
