§ 8-84. Rules of operation; operation on beaches.

Vehicles for which a permit is obtained pursuant to this division shall be operated in accordance with the following rules:

(1)

No vehicle shall be operated on the beach at a speed in excess of 25 miles per hour.

(2)

No vehicle shall be operated on the beach during the period set out in section 8-82.

(3)

No vehicle shall be operated west of the "toe of slope" of the dune except in going to and from the beach area at authorized vehicular beach access points. However, nothing contained in this section shall be construed to permit driving on the barrier dunes or driving on private property without the express permission of the owner, even though the "toe of slope" may be located west of the private property east boundary which extends to the mean high water mark of the ocean.

(4)

Permitted vehicles going to and from the beach area shall use as an entrance and exit only the designated vehicular beach access points which shall be designated as such by the board of commissioners of the town and appropriately marked.

(5)

Vehicles having permits may be operated on the beach only from one-half hour prior to sunrise to one-half hour following sunset daily. Vehicles engaged in beach restoration or protection work, including but not limited to approved beach push and sand bag installation and maintenance, may only be operated on the beach from one-half hour prior to sunrise to one-half hour following sunset Monday through Friday.

(6)

Pedestrians, swimmers and bathers shall have the right-of-way over all vehicles being operated on the beach.

(7)

Any person who drives any vehicle upon the beach area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others or who drives any vehicle upon the beach without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving and punished pursuant to section 1-6.

(8)

Any person who is under the influence of intoxicating liquor or other drug or who has a blood alcohol level of 0.08 percent or more by weight, who drives on the beach area or going to and from the beach, shall be guilty of driving while under the influence of intoxicating liquor or other drug and shall be punished as provided in section 1-6.

(9)

Any operator of any vehicle on the beach area or going to and from the beach must have a current and valid motor vehicle operator's license issued by the state of his residence.

(Code 1990, § 5-64; Ord. No. 06-10-044, § I, 10-18-2006)