The provisions of Article III shall apply exclusively to Boardwalk Park, which shall be defined as that area beginning in the 10th Street right-of-way between the west right-of-way line for Maryland Avenue to the east right-of-way line of B Street alley, and including all land between the mean high water line and the west line of the Maryland Avenue right-of-way from the extension of the south line of the 10th Street right-of-way to the extension of the center line of the 14th Street right-of-way. Boardwalk Park shall include those portions of the water of the Chesapeake Bay for which the Town, or the patrons of the park through water-dependent activities, is exercising a riparian right. Boardwalk Park is hereby designated as a public park.
Boardwalk 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 Boardwalk 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 Boardwalk Park,
this section shall apply to the offense of littering when such offense
occurs within Boardwalk 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 Boardwalk 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.
A.
It shall be unlawful to fish or crab, regardless of the means, from
the boardwalk of Boardwalk Park. All fishing and crabbing must occur
only on the rip-rap (rocks) located between the boardwalk and the
water.
B.
All persons fishing or crabbing on the rip-rap (rocks) located in
Boardwalk Park shall be responsible for removing all fish or crabs
caught, and all bait, lures, tackle and string, from the park when
they leave. The failure to remove such articles upon leaving the park
shall be unlawful.
C.
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.
It shall be unlawful to swim or dive from any portion of Boardwalk
Park. Any person violating the provisions of this section shall be
guilty of a municipal infraction and, upon conviction thereof, is
subject to a fine of $100.
It shall be unlawful to use a skateboard, roller blades, roller
skates, scooter or bicycle on the boardwalk in Boardwalk Park. Any
person violating the provisions of this section shall be guilty of
a municipal infraction and, upon conviction thereof, is subject to
a fine of $100.
