Chapter 54 PARKS AND RECREATION[1]
Sec. 54-26. Penalty for violation of article.
Any person violating the regulations of this article may be punished, upon conviction, in accordance with section 1-7.
(Ord. of 10-22-18)
Sec. 54-27. Commission authority for rules regarding maintenance and general operation.
The recreation commission, and open space and land preservation commission are hereby authorized to make rules and regulations, subject to the approval of the council, concerning the hours of operation, maintenance and general operation and use of their respective areas as specified in section 54-28.
(Ord. of 10-22-18)
Sec. 54-28. Designated areas and responsible commissions.
Town areas and responsible commissions governed by this article include:
(1) Recreation commission.
Fort Barton School recreation area;
Pocasset School recreation area;
Bayview recreation area;
Bulgarmarsh recreation area;
Florence Street recreation area;
South Field;
Town Farm recreation area;
Fogland Beach recreation area (town-owned land on south and west side of Three Rod Highway);
Grinnell's Beach;
All public rights-of-way to coastal waters, including but not limited to State Street and Jack's Island beach access.
(2) Open space land preservation commission.
Fort Barton and the Sin and Flesh Brook Natural Areas;
Highland Woods (managed with Fort Barton, in cooperation with the Tiverton Land Trust);
Weetamoo Woods;
High Hill Point Beach Access (gifted Chaves lot);
Pocasset Ridge Conservation Area (owned and managed cooperatively with the Tiverton Land Trust and The Nature Conservancy in Rhode Island);
Fogland Beach Conservation Area (Town owned land on north and east side of Three Rod Highway of parcel 803-102 (Re: Civil Engineering Concepts recorded survey plan of November, 2010).
(3) Any future property acquired by the town to be reserved for public use as open space or recreation shall be managed by the applicable commission.
(Ord. of 10-22-18)
Sec. 54-29. Posting of rules and regulations.
Posting of rules and regulations shall be done by the commission responsible for the facility or area.
(Ord. of 10-22-18)
Sec. 54-30. General rules applicable to all recreation and open space areas.
The following rules apply to all town recreation, conservation, and open space areas:
(1) No person is permitted in the areas when closed, except by special permit.
(2) The areas are closed sunset to sunrise, except for:
a. Those actively fishing on Fogland and Grinnell's Beaches.
b. Those areas lighted for nighttime use, which shall be closed when the lights are extinguished, not to exceed 10:00 p.m.
(3) Glass containers and bottles are prohibited.
(4) Possession or consumption of alcoholic beverages is prohibited.
(5) No motorized vehicles are allowed, except in areas designated for access, or parking.
(6) No littering or trash disposal. Where provided, trash receptacles will be used only for refuse generated on the premises.
(7) No overnight camping or open fires are permitted, except by special permit of the town council, subject to recommendation from the fire chief.
(8) There shall be no removal of nor disturbance to vegetation, soil, stones, signage, structural improvements, or any object or material that is intrinsic to the sites, including historic or archeological artifacts, unless authorized by the responsible commissions.
(9) In accordance with town Code, chapter 10, where dogs are permitted they shall be kept on a physical leash and under restraint at all times. (See sections 54-31 and 54-32 below for permitted areas and specific rules in open space areas.)
(10) Exceptions to items (1), (2), (5) and (8) of this section are authorized for town officials or employees in conjunction with the care or security of these areas.
(Ord. of 10-22-18)
Sec. 54-31. Additional rules for open space areas.
The following rules apply to all town open space areas administered by the open space and land preservation commission:
(1) No hunting or trapping is allowed except by special permit from Rhode Island Department of Environmental Management (RIDEM), and subject to concurrence of the open space commission. Bow hunting of deer is permitted only in the Pocasset Ridge Conservation Area, as regulated by RIDEM.
(2) Horseback or bicycle riding is permitted only in Weetamoo Woods and only on marked trails.
(3) Smoking is not permitted.
(4) Dogs are not permitted in the Pocasset Ridge Conservation Area. Dogs are permitted at the Fogland Beach Conservation Area only in off-beach season (Columbus Day to April 30) but must be restrained to prevent damage to the fragile dune system. Dogs are allowed on marked trails of all other town open space areas, but must be under positive control. Positive control means the dog is either on a physical leash, or under voice command and within sight. If not leashed, a leash must be carried by the person controlling the dog to be used with encountering other hikers and dogs.
(5) No motorized vehicles are allowed in open space areas outside of the trailhead parking lots, with the exception of vehicles used for emergency access and official stewardship activities.
(6) No metal detectors, paint ball guns, off-trail geocaching, competitive field games, or any activity that would disturb the quiet enjoyment of others are permitted.
(7) Public use of the Fogland Beach Conservation Area shall be restricted to activities that will not damage the salt marsh ecosystem or beach dunes. Passage is limited to foot traffic on established pathways, i.e. no "trailblazing." Normal beach activities (sunbathing, swimming, fishing, shell fishing, picnicking, kayaking, canoeing) are allowed along the shoreline, outside of the vegetated salt marsh and beach dune areas.
(8) Firearms are not permitted except by those allowed to do so by permit.
(Ord. of 10-22-18)
Sec. 54-32. Additional rules for recreation areas.
All recreation areas:
(1) No pets or domesticated animals are allowed at any recreation area, except as permitted on beach areas as described below.
(2) No golfing.
(3) No motorized vehicles of any sort.
Fogland Beach and Grinnell Beach:
(1) Fishing shall be permitted at any time in areas specified by signs posted on-site.
(2) Bathing shall be allowed up to one hour after sunset in areas specified by signs posted on-site.
(3) Vehicles used in connection with fishing must park in designated parking areas.
(4) Animals are permitted only off-season (from Columbus Day to April 30) and must be on physical leashes.
(5) Lifeguards on duty during beach season may order swimmers out of the water during inclement weather or dangerous swimming conditions. They may also order off the beach any person who violates posted beach rules, and shall notify the Tiverton Police for enforcement, if necessary.
(6) Special rules may be adopted for public use of Grinnell's Beach - Stone Bridge Abutment, as approved by the town council and posted on-site.
(Ord. of 10-22-18)
Cross reference(s)—Beaches, § 50-1.
Sec. 54-33. Special uses or group activities in recreation or open space areas.
Any request for use by a group, association, non-town organization, of a building, facility, recreation or open space area, for activities that are not addressed in these regulations shall be in writing to the responsible commission. The commission response shall also be in writing, copy to the town administrator. If deemed necessary, the commission may refer the request to the town administrator for possible referral to the town council.
(Ord. of 10-22-18)
Sec. 54-34. Use of other town property or facilities.
With exception of schools and libraries, department heads shall adopt rules and regulations concerning hours of operation, maintenance and the general administration for town-owned areas and public buildings under their responsibility.
(Ord. of 10-22-18)
Sec. 54-35. Sale and serving of alcoholic beverages.
The sale of alcoholic beverages is prohibited at all town facilities and areas, unless a class F liquor license has been issued. The serving of alcoholic beverages at town facilities or on town property for ceremonial purposes or in conjunction with town-approved events shall be at the discretion of the town administrator.
(Ord. of 10-22-18)
Cross reference(s)—Alcoholic beverages, ch. 6.
Sec. 54-36. Recreation equipment rental businesses.
The town council shall have the authority to allow any person, persons, corporation, partnership, or entity conduct a business involving the rental of recreation equipment on town owned recreation land. Before the council may grant such permission, the following conditions must be met:
(1) The applicant receives a positive recommendation from the responsible commission for the designated area, as defined in section 54-28 of the town Code of Ordinances;
(2) The applicant enters an indemnification and hold harmless agreement for the benefit of the town;
(3) The applicant shall provide the town clerk with evidence of commercial general liability insurance with a minimum of $1,000,000.00 of coverage, with the town named as an additional insured; and
(4) The applicant shall pay a fee as set by the council through resolution.
The town council shall have complete discretion to grant, grant with conditions, or deny a request to use town recreation area land for operation of a recreation equipment rental business. The applicant shall be required to obtain a renewal of such permission on an annual basis. The town council may revoke such permission immediately for cause, after notice to the applicant and an opportunity for the applicant to be heard. The town council may revoke such permission for any reason whatsoever after 90 days written notice to the applicant.
(Ord. of 6-13-16)
[1]Editor's note(s)—An ordinance of October 22, 2018, amended chapter 54 in its entirety to read as herein set out. Former chapter 54, §§ 54-26—54-35, pertained to similar subject matter, and derived from an ordinance of October 15, 2002.
Cross reference(s)—Boats and waterways, ch. 14.
State law reference(s)—Municipal regulation of parks, G.L. 1956, § 32-3-1.