I STATEMENT
OF PURPOSE
The purpose of this ordinance is to provide for the safety,
enjoyment, health, and welfare
of all persons using the town beach and parking facilities at
Bear Pond, to further
provide a means of maintenance, operation and protection of
the town beach and parking area, and to
provide a family oriented atmosphere at an environmentally
friendly and enjoyable town beach for residents and land
owners of Turner and their accompanied
guests. This ordinance is adopted pursuant to municipal home rule
ordinance authority and Title 30-A, MRSA s 3001.
II ADMINISTRATION,
AUTHORITY, APPLICABILITY, and EFFECTIVE DATE
A. Administration of the town
beach will be by a Committee consisting of Volunteers overseen by the
Town Manager. The Committee is responsible for maintenance,
operation, and general stewardship of the Turner town beach and
parking area.
B. Authority to act: The Committee shall oversee
all parking and beach areas and shall adopt, establish, and as
necessary, revise, with the consent of the Board of Selectmen, any
additional rules and regulations that they may deem necessary to
maintain safety. These safety
rules and regulations, not inconsistent with this ordinance, shall be
posted in a conspicuous place at the facility and shall have the full
force and effect of law.
C. Applicability:
This ordinance shall apply to Town owned property at Bear Pond
which
includes a beach and parking area.
D. Effective Date: This ordinance shall take
effect upon adoption by the Town of
III DEFINITIONS
A. "Town"
is the Town of
B. "Municipal
Officers" means the Board of Selectmen.
C. "Beach"
is the property owned by the Town of
IV GENERAL RULES
A. Conduct and
Use
1. Regular opening
and closing dates for swimming shall be established by the
Town
Manager and approved by the Municipal Officers.
2. Hours:
The beach area shall be open during the designated hours
established
by
the Town Manager and approved by the Municipal Officers.
3. Picnicking:
Picnicking is allowed.
4. Fires:
Fires shall be confined to appropriate receptacles. The Town Manager may
prohibit fires in times of high fire danger.
5. Offensive
Behavior: No person shall
engage in any indecent language or loud
noise
which would be offensive to any reasonable person or engage in any
disorderly conduct or behavior
tending to breach the town peace.
6. Children under
12 years of age must be accompanied by someone 16 years of
age
or older.
7. Seasonal
activities and use other than swimming shall be as permitted by the
Town
Manager with the approval of the Municipal Officers.
B. Sanitation
1. No bottles,
cans or other trash shall be left.
Users shall carry out what they
carried
in.
2. No pets
allowed. This is not to
be construed as limiting the use of Seeing Eye
or
disability assistance animals.
3. No trash what so ever will be
put in the portable toilets.
4. Children shall not be allowed
to swim in disposable diapers except for those
exclusively made for swimming. All children who
require diapers and do not have the proper disposable diapers are
required to wear rubber pants that will contain all human waste.
C. Safety
1. No motorized
watercraft shall be moored, launched or beached.
2. There shall be
no water skiing permitted from the beach.
3. All motor
vehicles shall be parked in the designated areas for parking except
for emergency and maintenance vehicles.
4. All bicycles
shall be parked in the designated areas.
D. Prohibited
Activities are
1. The use of
soap, shampoo or other cleaning agents.
2. The use of
glass containers.
3. Activities
which endanger persons or willful damage to any town property at
the
facility, including and without limiting to, changing rooms,
bathrooms, fire
receptacles,
fencing, trees, brush or other vegetation.
4. The use of
tents or overnight camping.
5. Possession or
consumption of alcoholic beverages and illegal drugs.
6. Soliciting.
7. Smoking is prohibited thereby declaring
the beach area a Tobacco
Free Zone.
E. Authorized Use
Residents are required to obtain a beach
pass annually. The fee shall be established by the Municipal
Officers.
V VIOLATION
and PENALTY
First time and minor violations of this ordinance not
involving any property damage,
injury, or cost to the Town will be enforced by means of a
warning issued by an enforcement
officer as described under section VI.
Subsequent violations, or violations
that result in any property damage, injury to others, or any
costs to the Town may result
in more formal enforcement proceedings, whereby, a complaint
will be filed on behalf of the Town before a court
of competent jurisdiction. Any
person found in violation of this
ordinance by a court of competent jurisdiction shall be
subject to a fine payable to the Town of
VI ENFORCEMENT
This ordinance may be enforced by any duly authorized law
enforcement officer, as well
as other individuals designated by the Municipal Officers or
Directors.
VII SERVERABILITY
Should any section or portion of this ordinance be declared
invalid by a court, the
remaining sections or portions of this ordinance shall remain
in force.
Adopted April 18, 1998
Amended March 1999
Amended April 4, 2009
Amended April 2, 2011