DENNIS – The penalties for Dennis beachgoers who consume alcohol will be stiffer this summer.
The fine for a first offense has been increased from $50 to $100. A second infraction would cost $300 and further violations could result in the loss of daily, weekly or seasonal beach passes.
Enforcement will be conducted by both beach monitors and police, who will have the discretion to issue a warning or a fine.
Last summer, monitors performed random cooler checks of beachgoers, but that practice will no longer be allowed after a warning from the American Civil Liberties Union warned it violated rights.
The regulation changes proposed by the beach committee were discussed this week at the board of selectmen meeting.
Selectman Robert Mezzadri said he preferred the penalty for a first offense be black or white and issue all warnings or all fines.
“I’m a cut and dry kind of person,” he said.
He did not like that monitors or police would have the option of being subjective and issue different penalties for different situations.
“We have signs out there,” he said. “We are telling people right away when they come to the beaches. They are already getting a warning – no drinking on the beach.”
Selectman Chris Lambton said the beach committee wanted to let the police decide when they get there to give a little leeway.
“If we catch you drinking on the beach and you are going to pour it out and dispose of it – warning,” Lambton said. “But if their discretion is that you are saying no or being disrespectful they can fine you.”
Mezzadri believes issuing fines for some on the first offense and warnings for others leaves the town open to possible litigation.
Beach Committee chair Connie Mooers believes the option of giving the police discretion on a first offense is a better option.
“If the police are there and there is a rowdy group of people, absolutely they should get a first offense,” Mooers said.
“If it is two little women who have come down and haven’t read the rules and are having their little cocktail on the beach they have to have the discretion [to issue a warning.]”
Police Chief Peter DiMatteo said issuing warnings will also help beach monitors as police will not always be on site.
“Beach staff monitors really don’t feel comfortable writing the actual non-criminal ticket,” DiMatteo said.
DiMatteo said issuing a non-criminal ticket also requires identification which often requires walking with the offender back to the parking lot.
“At least this way if they come across someone who is cooperative they can tell them that they can’t have an alcoholic beverage or glass containers and remove it from the beach and beach parking lot,” DiMatteo said.
If beachgoers are not cooperative, hostile, appear to be under the influence or under age, monitors are told to back off or not approach the group and contact police.
“If it is just an automatic $100 fine on the very first offense, and if we are going to have police officers the only ones issuing the non-criminal tickets, that means you have to have an officer get there every single time,” DiMatteo said. “Sometimes you may not have that luxury.”
Selectmen also approved doubling the number of beach monitors from five to 10, and allowed the police department to hire a seasonal officer to patrol south facing beaches on weekends.
An incident of teenagers reportedly drinking and having sex at Mayflower Beach in July of 2017 led to the clampdown on alcohol at town beaches.
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