N.H. Admin. Code § Res 7303.09

Current through Register No. 50, December 12, 2024

Section Res 7303.09 - Seacoast Parks and Beaches

(a) In addition to all other rules in Res 7300 and Res 7303, this section shall apply to only Hampton Beach state park, Hampton Beach South, North Beach, North Hampton state beach, Jenness state beach, Wallis Sands state park, Odiorne Point state park, Rye Harbor state park, and seacoast historic sites, and any other seacoast park or area where a parking fee or day-use fee is charged.

(b) Possession or consumption of alcoholic beverages shall not be permitted, unless permission has been granted by special use permit or group reservation pursuant to Res 7400.

(c) No person shall sleep in a vehicle located within these areas between 1/2 hour after sunset and 1/2 hour before sunrise.

(d) The beaches shall be closed to the public between the hours of 1:00 A.M. and 1/2 hour before sunrise, except for anglers.

(e) Inflatables and other floatation equipment, life jackets, face masks, diving goggles, and snorkel tubes shall not be permitted. Life preservers, life jackets, personal flotation devices, and swim fins shall be permissible for children 17 years and under, the handicapped, and the elderly requiring additional safety equipment.

(f) Skim boards shall not be permitted. For the purposes of this rule, skim board means a thin, flat, round or rectangular board used to ride over shallow water into oncoming waves close to the shoreline.

(g) Boogie boards shall be permitted. All boogie boards shall be equipped with a retention strap or other device to prevent the boogie board from being separated from the user. Said device shall be utilized at all times. For the purposes of this rule, boogie board means a short, lightweight surfboard used to ride waves to the shoreline.

(h) Surfing and surfboards shall not be permitted except at designated areas at Hampton Beach state park, North Beach section only. All surfboards shall be equipped with a safety harness or other device to prevent a surfboard from being separated from the user. Said device shall be utilized at all times.

(i) Fishing shall not be permitted during the hours of 9 a.m. to 5:30 p.m. when lifeguards are on duty, except for Odiorne Point state park, Rye Harbor state park, along the entrance of Hampton River at Hampton Beach South, at seacoast state historic sites and when permission is granted by authorized DRED personnel based upon the number of visitors on the beach.

(j) Landing or launching of motorized water-craft shall not be permitted during the hours of 9a.m. to 5:30 p.m. when lifeguards are on duty, Odiorne Point state park, Rye Harbor state park and seacoast historic sites excepted.

(k) Landing or launching of air-craft shall not be permitted, unless permission has been granted by special use permit pursuant to Res 7400.

(l) No person shall use the following equipment on the Hampton Beach state park boardwalk, which includes all pedestrian walkways on the east side of Ocean Boulevard from Haverhill Avenue heading north to the Marine Memorial:

(1) Skateboards;

(2) Roller skates, rollerblades, or roller skis;

(3) Tricycles and bicycles;

(4) Motorized bicycles; and

(5) Electronic Personal Assistive Mobility Devices (EPAMDs), such as Segways.

(m) In the operation of the beach parking facilities, the department shall:

(1) Issue a parking citation and collect parking violation fines and fees pursuant to RSA 216:3, I and RSA 12-A:2-c, IV for parking violations consisting of any of the following:

a. Exceeding the vehicle length limit of 20 feet in a metered or leased parking space;

b. Parking with an expired parking receipt;

c. Parking at an expired meter or parking without a parking receipt displayed, with an expired parking receipt, or with an improperly or unreadable receipt displayed. Parking receipts shall be displayed face-up on the dash of the vehicle; or

d. Parking illegally in:

1. A leased parking space;

2. A reserved parking space;

3. A no parking zone;

4. A pedestrian crosswalk;

5. A handicapped parking space;

6. A bus parking space or area;

7. A motorcycle parking space;

8. A roadway or driveway;

9. Front of or blocking a fire hydrant;

10. An emergency vehicle or police only parking space; or

11. Over an allocated parking space as indicated by painted white lines;

(2) Collect additional parking violation fines for each meter overtime period or continued violation;

(3) Subject motor vehicles whose owner has greater than 3 unpaid parking citations on record to towing or immobilization at the owner's expense;

(4) Refer delinquent and non-payment of parking violations fines and fees exceeding 60 days to the department's collections agent;

(5) Refer habitual offenders having 5 or more unpaid citations to the attorney general's debt recovery collections office;

(6) Allow a person who has been issued a parking citation to request an appeal within 60 days of the date the citation was issued by taking the following steps:

a. The claimant shall complete the department's Citation Review Form by providing the following information in legible print:

1. Date of request;

2. Name, complete mailing address, day-time phone number, email address;

3. Citation number, issue date; vehicle plate number;

4. Basis for why claimant thinks the citation was issued in error, and any supporting documents; and

5. Claimant's signature and date of signature, certifying that all information provided is true, accurate, and complete; and

b. The claimant shall send the department's Citation Review Form to:

NH State Parks

Parking Citation Review

PO Box 1856

Concord, NH 03302-1856

Fax: 603-271-3553

Email: disputes@dred.nh.gov

(7) Upon receipt of the Citation Review Form appeal request, halt all additional activity on the citation, including the assessment of additional fees, and shall conduct an administrative review of the appeal as follows:

a. If the department approves the appeal or approves a portion of the appeal, the department shall determine the fines and fees due;

b. If the department denies the appeal, the claimant shall pay the balance due within 15 calendar days of date of notice. Should payment not be received by the department, the department shall reinstate assessment of all late fees owed upon the 16^th day;

c. Written notification of the department's decision on the appeal within 7-10 business days, including any balance due; and

(8) Review an appeal request that is submitted beyond the 60 day issue date of citation deadline required in (6) above, only if the department did not have a valid current address for the vehicle owner, and the request for appeal is submitted pursuant to Res 7303.09(m)(6) a through b.

N.H. Admin. Code § Res 7303.09

#8532, eff 1-1-06 (from Res 7304.07); ss by #10532, eff 3-1-14