§ 8-9. Excessive and unsafe digging or piling of sand on the ocean beach prohibited.

(a)

It shall be prohibited for any person to alter the ocean beach by digging or mounding of sand that:

(1)

Substantially or permanently alters the contour or shape of the ocean beach or any sand dune;

(2)

Remains unattended at night for any period of time or during the day for more than one (1) hour without restoring the beach to its original condition;

(3)

Unreasonably restricts, prevents or disrupts the passage of public works, emergency or ocean rescue vehicles, or the public; or

(4)

Creates a hazard for those traveling the ocean beach during times of reduced visibility or otherwise cannot reasonably be seen and recognized as a hazard by users of the ocean beach;

(5)

Creates hazards for endangered and protected species such as sea turtles which use the beach at night;

(6)

Creates the possibility of collapse of the sand upon users of the ocean beach, particularly children; or

(7)

Otherwise creates an unreasonably dangerous condition for the users of the ocean beach.

(b)

Exceptions. The town manager may grant exceptions to this section for limited duration special events or other reasons in the general public interest upon presentation of a written request outlining the reasons for the exception and providing a plan for addressing safety issues associated with the request. This section shall not be applicable to development, beach restoration or nourishment, construction or similar activities occurring upon the ocean beach pursuant to and incompliance with all necessary permits issued by the local, state and/or federal agencies having jurisdiction over the work.

(Ord. No. 14-09-023, Pt. I, 9-17-2014)