Doug Ferrar

dferrar@dmg.gannett.com

The Bethany Beach Town Council is mulling tent, umbrella and canopy regulations just days before Rehoboth Beach plans to vote on its ordinance.

Council members discussed the creation of an ordinance Tuesday, March 14 at a workshop meeting at town hall. Rehoboth plans to vote on the ordinance Friday.

Recent discussions by the Rehoboth Beach commissioners, and the request of several Bethany citizens sparked council member Rosemary Hardiman to bring the issue to council.

Citizens were concerned that tents and some umbrellas obstruct views and pose obstacles to people trying to traverse the narrow beach, she said.

"People don't always complain, but they make their views known and are constructive in ways to go about it," Hardiman said.

Wendy O'Connor, a resident on Fourth Street, said she once considered running for mayor on a "no tents" platform. She said she has seen numerous abuses of tents, including improperly erected tents, gear used to reserve space unattended and "potty tents" being used on the beach.

People get territorial and are not always reasonable, and restrictions are needed to control their excesses, she said.

"Come sit on the beach for eight hours and see the things that go on," she said.

This isn't the first time the council has considered such an ordinance, Hardiman said. It was first discussed three or four years ago. At the time, there was concern that these beach fixtures obstructed the view of lifeguards, but the Beach Patrol was given the authority to review incidents on a case-by-case basis.

Hardiman suggested that tents be restricted to an area of the beach back by the dunes. When polled, citizens who totally opposed tents on the beach said they would accept a compromise of allowing tents only near the dune line, she said.

The scope of the Rehoboth Beach ordinance goes far beyond what Bethany considers problems, Hardiman said. For instance, beach fires aren't being built in Bethany Beach. There is also the concern of over-regulating beach activities, she said.

"We want people to come and enjoy the beach and respect others' rights to the beach," Hardiman said.

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Other beach towns on both coasts have considered or enacted some form of restriction, she said. She cited the Myrtle Beach code and its "shading device" size restrictions, which also influenced the Rehoboth ordinance. She said some towns outlaw tents entirely, while Fort Lauderdale, Florida and Los Angeles require permits for tent use.

The issue is "not going to go away," due to the town's narrow beach, Mayor Jack Gordon said. He suggested that if the council doesn't tackle it now, it might become an "emotional issue" later.

Vice-Mayor Lew Killmer said that he would rather trust people's common sense and their ability to discuss issues like this privately rather than impose rules and restrictions. But he felt that the visibility and obstruction issues associated with beach tents could be alleviated by a dune line restriction.

Council members Jerry Morris, Bruce Frye and Joseph Healy were also in favor of the dune line restriction for tents.

The council should also consider the size of tents and the methods used to stabilize tents, according to Gordon. He said wires can increase the footprint of a tent by 10 feet in each direction, and that the wires themselves pose a safety issue for people traversing the beach. Killmer suggested that they consider restricting the use of wires, and Morris said he was in favor of using weights to stabilize tents.

Healy said he might be in favor of prohibiting tents completely. But Morris said he didn't think that level of restriction was advisable, as he expects more tents to come into use especially to shade young children and the elderly.

Morris noted he has seen people using tents and chairs to "stake their claim" to an area of the beach early in the morning, but then leave the fixtures vacant until the afternoon. This concern was echoed by several citizens who spoke at the meeting. Hardiman said they should consider banning that sort of activity, but Gordon and Killmer said that enforcement would require hiring additional personnel to monitor tent use on the beach. Gordon called the side issue "unresolvable."

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Resident Daniel White of South Atlantic Avenue said that his extended family vacations there together. One tent is more efficient, he said, than trying to manage enough umbrellas for 18 people. He also raised the issue of improperly erected umbrellas, which he said could be much more dangerous in a high wind situation. He was in favor of the dune line restriction.

Connie Webber, of Tingle Avenue, said she also has a large family, and that the council should differentiate between tents and canopies.

"Tents obstruct view, a properly erected canopy does not," she said.

Hardiman advised that the council would have to carefully consider specific language moving forward.