As used in this chapter, the following terms shall have the
meanings indicated:
Includes all land bounded within the following: south and
east by the Atlantic Ocean, northerly by the salt marsh and Seapoint
Beach and westerly by other owners.
Includes all land bounded within the following: on the south
and east by the Atlantic Ocean, on the north by the land now or formerly
of Albert Kerr, on the west by the salt marsh, other owners and the
easterly edge of Cutts Island Road. Seapoint Beach includes that area
known as Thaxter's Point.
No person may engage in disorderly conduct within Seapoint or
Crescent Beach. Disorderly conduct as used herein includes but is
not limited to the making of loud and unreasonable noises; the activating
of any device or explosive substance which releases noxious or offensive
odors; knowingly accosting, insulting, taunting or challenging any
person with offensive, derisive or annoying words or gestures, or
other physical conduct which would in fact have a direct tendency
to cause a violent response by an ordinary person in the situation
of a person so accosted, insulted, taunted or challenged.
[Amended 9-26-2011 by Ord. No. 11-12; 10-23-2017 by Ord. No. 17-15]
No person may drive or park any motor vehicle other than an
authorized vehicle on Seapoint or Crescent Beaches, shore or bank.
No bus may be operated, driven or parked anywhere within the area
defined as Seapoint and Crescent Beaches.
A.
Parking in all designated parking areas for Seapoint and Crescent
Beaches is available for Town residents and nonresidents in accordance
with Title 10 of Town Code.
[Amended 5-30-2018 by Ord. No. 04-18]
No person may engage in indecent conduct within Seapoint or
Crescent Beaches. As used in this chapter, "indecent conduct" is defined
as set forth in Title 17-A, § 854 of the Maine Criminal
Code.
No person may throw, drop, deposit, discard or otherwise dispose
of litter within Seapoint and Crescent Beaches except in a litter
receptacle.
No person may remove, molest, injure or otherwise damage anything
natural or physical within Seapoint and Crescent Beaches. This provision
is not intended to regulate the removal of seashells and driftwood,
seaweed and scientific samples.
No person may drink or consume any alcoholic, spirituous, vinous,
fermented or other alcoholic beverage, or combination of liquors and
mix liquors upon Seapoint and Crescent Beaches.
[Amended 3-28-2022]
Fires are prohibited on the north side of Seapoint Beach beginning
at the public entrance on Seapoint Road.
A.
On the south side of Seapoint Beach, beginning at the public
entrance on Seapoint Road and running south to Seapoint Beach's
southern border with Crescent Beach, fires are allowed with a valid
permit only, between May 1 and October 31, inclusive. Permits may
be obtained from the Town of Kittery and are valid only for the day
indicated on the permit. Fires are allowed without a permit between
November 1 and April 30, inclusive.
B.
Only firewood is to be burned on Seapoint and Crescent Beaches.
The burning of any other type of fuel such as trash, pallets, furniture,
construction debris or materials, or chemically treated wood is prohibited.
C.
No person creating a beach fire may leave it burning unattended.
Fires must be fully extinguished prior to vacating the beach, by thoroughly
dousing the fire with seawater until there are no coals or embers
burning.
D.
The Town Manager may promulgate, and revise as change in conditions
warrant, specific rules and regulations known as the "Beach Fires"
to govern the operation of beach fires on Seapoint and Crescent Beaches.
E.
Beach fire permit fees are established by the Town Council and
contained in Appendix A.
A.
This chapter is enforced by the Fire Department and Police Department.
B.
Any violation of this chapter will be assessed a penalty of
$50. Repeat offenders and/or those who fail to pay fines in accordance
with this chapter may be prohibited from obtaining a beach fire permit,
and may be issued a no-trespass order for Town parks for one year.
[Amended 5-8-2023]
No later than two years from the date of enacting amendments,
the Kittery Town Council will receive a report from the Town Manager
on the status of compliance with the chapter, to determine if amendments
are necessary.
A.
No person may trespass or enter upon the publicly owned salt
marsh immediately adjacent to Seapoint or Crescent Beaches except
for educational or scientific purposes and only after approval is
granted by the Town Council or its duly designated agent(s). Requests
may be made to the Town Clerk, who is to refer all such requests to
the Town Council or its duly designated agent(s).
B.
Public notice is to be given by locating signs conspicuously
along the salt marsh, notifying the public of this limitation.
No person may engage in windsurfing in the waters of Crescent
and Seapoint Beaches between June 15 and September 10 of each year
except in those areas duly authorized and designated by the Town Council.
Public notice of such designated areas is to be conspicuously posted
in the beach parking lot or other conspicuous place or places.
Jet skis are prohibited on the shore or in the waters of Crescent
and Seapoint Beaches.
The selling of merchandise or services is prohibited at Seapoint
and Crescent Beaches.
A.
Seapoint and Crescent Beaches and all parking areas are closed
to the general public between the hours of 11:00 p.m. and 3:00 a.m.,
with the exception of vehicles used in their official capacity by
agents or employees of:
B.
The owners or operators of any motor vehicles found in violation
of this section will be summoned, and the vehicle will be towed at
the owner's expense, as provided in § 10.3.11.
The Town Manager is authorized to close the beaches to bathing
when quality testing determines the water to be unhealthy for humans.
The enforcement and penalty portion of this chapter does not apply
to this section.
This chapter is enforced by the Police Department. Any violation of this chapter will be assessed a penalty under Title 1, Chapter 1.3. All penalties recovered accrue to the benefit of the Town.
