[HISTORY: Adopted by the Mayor and Council
of the Town of South Bethany 6-9-1990 by Ord. No. 25-90; amended in its entirety 2-9-1991. Subsequent
amendments noted where applicable.]
This chapter is authorized by § C-4B
of the Town Charter.
The purpose of this chapter is to provide for
public safety on the beach.
A.
Activities allowed. It shall be lawful for any person
to carry or use a body board in the ocean waters contiguous to the
beach within the jurisdiction of the Town of South Bethany unless
the lifeguard on duty prohibits the use of body boards due to conditions
which, in his judgment, are unsafe or otherwise hazardous.
B.
Definition. For the purposes of this chapter, a "body
board" is a board made of reinforced plastic foam or other buoyant
material used as an adjunct to body surfing.
[Amended 9-8-1995 by Ord. No. 50-95]
Activities prohibited. It shall be unlawful
for any person to carry or use an inner tube, plastic ring or life
jacket in the ocean waters while lifeguards are on duty.
A.
Activities prohibited. The use of surfboards, windsurfers
and canoes in the ocean waters contiguous to the beach within the
jurisdiction of the Town of South Bethany is prohibited while the
lifeguards are on duty, except as authorized.
(1)
The carrying of a surfboard, windsurfer or canoe within
the jurisdiction of the Town of South Bethany, with the intent of
use in the ocean waters contiguous to the beach of said town, during
authorized times, shall not constitute a violation of this chapter.
Actual use in such waters shall be conclusive in determining intent
for the purposes of this section.
(2)
During inclement weather and such other times as the
lifeguards on duty determine, the use of surfboards, windsurfers or
canoes may be permitted.
B.
Definition. For the purposes of this chapter, a "surfboard"
is a long, narrow board made of wood, fiberglass-covered foam or other
buoyant material, designed for the sport of surfing. A "windsurfer"
is a surfboard with a sail. A "canoe" is a long, light, narrow, open
or closed vessel propelled by hand-driven paddles.
A.
Activities prohibited. It shall be unlawful for any person from May 15 to September 15 of each year while lifeguards are on duty or in a manner that would endanger the public safety to portage over the town walkways and/or to launch, beach, operate or swim to or from any watercraft, except as permitted in § 34-5, on the beach within the jurisdiction of the Town of South Bethany except for emergency purposes or for official town activities. It shall be unlawful to keep or anchor any such watercraft within 500 feet of the beach.
[Amended 1-11-1992]
B.
This chapter shall apply to powered, wind-driven or
manually propelled watercraft. It is not the intent of this chapter,
however, to prohibit town property owners from storing boats on their
property.
Activities prohibited. It shall be unlawful
for any person to fish from the beach within the jurisdiction of the
Town of South Bethany while the lifeguards are on duty. A special
exemption may be made by individual lifeguards to allow fishing in
a designated area.
A.
Containers. It shall be unlawful to carry onto any
beach, strand or dune within the jurisdiction of Town of South Bethany
certain types of containers. Glass containers are prohibited. Any
hazardous material must be in an approved container.
B.
Pets. It shall be unlawful for pets to be on any beach,
strand or dune within the jurisdiction of Town of South Bethany from
May 15 to October 15.
[Amended 9-8-1995 by Ord. No. 50-95; 12-10-2004 by Ord. No.
129-04]
C.
Litter. It shall be unlawful to litter on any beach,
strand or dune within the jurisdiction of Town of South Bethany.
D.
Beach closing. Any of the following may close the
beach to ensure the public safety: the Mayor, Town Manager, lifeguards,
town police officers or the acting Civil Defense Coordinator.
[Amended 4-7-2017 by Ord.
No. 186-17]
[Amended 3-10-2000 by Ord. No. 90-99; 8-9-2019 by Ord. No. 195-19]
The Town Manager or his/her designee is authorized to issue
a beach party/event permit to a resident of the town who is 18 years
of age or older (permittee).
A.
Such
permits shall be limited to an area not closer than 75 feet to any
dwelling or any sand dune. The permittee accepts full responsibility
that the beach party/event does not create or lead to disorderly behavior.
The permittee is responsible for cleaning the beach/event area and
disposing of all waste. All beach parties/events shall end by 11:00
p.m.
[Added 8-9-2019 by Ord.
No. 195-19]
A.
It shall be unlawful for any person to build and/or light any fires
on the beach within the jurisdiction of the Town of South Bethany.
[Amended 10-14-2022 by Ord. No. 209-22]
Any person violating the provisions of this
chapter shall be subject to a civil penalty of not less than $25,
nor more than $100, plus court costs. Each day of continued violation
shall be considered as a separate offense.
[Added 3-10-2000 by Ord. No. 90-99]
The provisions of this chapter shall be enforced
by the South Bethany Beach Patrol and South Bethany Police Department,
as required. The lifeguards shall be responsible for maintaining public
safety on the beach and monitoring beach activities. The Captain of
the lifeguards shall be responsible for conducting an orientation/training
program annually for all guards on public relations and beach safety.
The Chief of Police shall assist the Captain of the lifeguards in
the development and conduct of such training and serve as a resource
throughout the beach season.
[Added 3-10-2000 by Ord. No. 90-99]
Activities prohibited. It shall be unlawful
for any person to walk, climb or jump on the protective dunes within
the jurisdiction of South Bethany.
[Added 4-7-2017 by Ord.
No. 186-17]
A.
SMOKING
BEACH
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
The smoking, burning, heating, inhaling, or exhaling of substances,
including but not limited to tobacco, herbs, weeds, marijuana, or
vaporized liquid or other substances used with electronic smoking
devices, using any pipe, cigar, cigarette, hookah, electronic smoking
device [as defined in 16 Del. C. § 2902(3)], or any other
similar device.
The area defined to the north and south by the Town of South
Bethany north and south boundary lines, to the west by the east property
line of the oceanfront private property, and to the east by a line
that is 100 yards to the east of the high-water line of the Atlantic
Ocean.