Credit to: Coastal Point, Susan Canfora
Tents and other shelters on the beach in South Bethany won’t be regulated by a town ordinance, but beachgoers will be asked to practice etiquette, and to not block others’ views of the ocean or present safety hazards.
The South Bethany Town Council made that decision at their Friday, Aug. 8, meeting, with Mayor Edie Dondero saying polite practices will be encouraged in postings on bulletin boards and in e-mails while the town manager and staff “continue to monitor the situation.”
At the council’s July meeting, Councilman Bob Shields had started the discussion, but he was out of the country and not able to attend last week’s meeting. Dondero said town officials have received considerable feedback about the matter, with about half of those responding calling for the Town to pass an ordinance regulating shelters and the other half saying it isn’t necessary.
“They are pretty evenly split down the middle,” the mayor said, adding that the Charter & Code Committee was asked to compile potential regulations. Councilman Mark Giler, a member of that committee, said the rules in place in other towns were considered, but that many who complained about shelters were referring specifically to how many they saw during the Fourth of July weekend.
Councilman Randy Bartholomew objected to passing an ordinance and instead suggested beach etiquette be emphasized.
Dondero said that, while large tents are annoying, they are not a public safety or health matter.
“This is a town government. This is not a homeowners’ association. This is not a civic organization, and we do not address annoyances. … Other towns have different issues than we do, so while other towns have ordinances against tents and cabanas, they have different issues. We are one of the least crowded beaches. … There are a couple weeks in July when beach space is at a premium.
“As much as we may not like it, this is a public beach. This is a not a private beach. … Public funds are spent to maintain our beach. We have to accommodate the public. It doesn’t mean we have to accommodate things that are dangerous,” she said.
Dondero said she dislikes hearing music playing when she’s at the beach, because she likes to listen to the sound of the waves and cries of seagulls while she’s reading, “but we can’t stop others’ enjoyment.” She said it also isn’t reasonable to expect lifeguards to take their eyes off swimmers or to call police away from their duties “to argue with some bozo who doesn’t want to take down his tent.”
But Councilwoman Cindy Van Horn said tents’ anchoring devices in the sand can be dangerous and that she has seen children trip over them. She said the council has to consider the size of the beach — especially since sand has been lost due to recent storms and more erosion will happen during winter. She suggested tabling the matter until spring, when the council “can look at the beach and have a better idea of if beach replenishment will be funded.”
Replenishment funding throughout the area is a particular concern now after cuts to federal funding for a wide range of programs — particularly those addressing problems related to climate change. Federal funding often makes up the bulk of the funding for the projects, with state funding usually making up the rest. But state officials have increasingly called for a local cost share from municipalities as well.
At the July council meeting, Shields said shelters “occupy a lot of space on the beach and often don’t have anybody sitting under them.” He suggested not allowing large shelters with anchoring mechanisms that stretch out on the sides, as well as only permitting small tents.
He said the Town of Bethany Beach doesn’t allow structures except umbrellas, while Fenwick Island only allows up to 10-foot-by-10-foot tents with all anchoring devices contained inside the footprint. Under recently adopted ordinances, Ocean City, Md., allows up to 10-foot-by-10-foot tents, but only if they are open on all four sides, with anchoring within the footprint, and only if erected after 10 a.m.
He suggested South Bethany similarly restrict structures to those that are no larger than 10 feet by 10 feet, with all anchoring inside. The Town already requires any such structures to be erected behind lifeguard stands.
Shields said Ocean City officials had been discussing restrictions and put them into effect in late June. Fenwick Island officials talked about it, too, and did set restrictions, Councilwoman Chris Keefe said. She said that about half the time, she notices tents have only coolers inside and the tent users themselves are sitting outside.
“They put their chairs around the tent, which is really crazy and obnoxious, and it drives everyone crazy. … They are using a lot of space they shouldn’t use. The only problem with any of these regulations is who regulates it? Is somebody going to go around with a measuring tape? I don’t want to put this on the lifeguards. Not a good idea. … And is there a fine? What is this? How does this work?” Keefe asked.
At the July meeting, Dondero had said she didn’t believe there was a need for restrictions and that other towns have more crowded and sometimes more narrow beaches, boardwalks “and less real estate in a lot of ways than we do,” she said.
“There is nothing more annoying than spreading out and putting chairs around it,” she said, “but my feeling is you can’t regulate common courtesy. I don’t think we have a need for restrictions at this time, and my biggest issue is enforcement. This is going to fall to the beach patrol, and I think that is an unfair ask of them. We want them with eyes on the water. We don’t want them turning around, measuring tents or space between tents or getting into altercations with folks. … There are already things they are checking for that [are] taking their time away from the water,” Dondero said.
She said the beach patrol captain is also concerned about enforcement and asked her, “Am I supposed to arm each lifeguard with a tape measure?”
Other than during the Fourth of July weekend, which the mayor called “just Crazy Town, U.S.A.,” she said she doesn’t usually see many tents on the beach in South Bethany.