MERRIMACK – The town council last night voted to instruct the town manager to write an ordinance to ban out-of-towners from the beach at Wasserman Park on Naticook Lake.

Councilors David McCray, Michael Malzone, Nancy Harrington, Tim Tenhave and Betty Spence voted in support of the motion. Councilor Tom Mahon opposed it.

"This is not about trying to target a specific group of people. This is about a fine resource of land that Merrimack residents have a right to use," Councilor David McCray said.

Once the ordinance is written, the council will vote on it.

McCray made the motion to restrict the beach to residents and their families prior to a discussion to consider an admission charge for out-of-towners.

Mahon said a charge to out-of-towners could open up the town to liability.

►Merrimack councilor seeks beach ban (53)
►English-only signs in Merrimack (45)

The councilor pointed to a state law that says landowners who allow "occupancy or lease of land without charge for recreational purpose shall not be held liable" for injuries.

The laws were written to encourage landowners to open up their land for hunting or fishing, he said.

The town wants its legal counsel to review the ordinance before a final vote.

The proposal to ban out-of-towners came after an emotional debate in August on whether to support a police-initiated proposal to add signs in Spanish at the beach.

Police said Spanish-speaking rule-breakers bring alcohol and roughhouse at the beach. When told they are in violation, they say they were unaware of beach regulations because they are posted only in English.

But the town council voted against putting up signs in Spanish.

Councilor Finlay Rothhaus said English should be the only language in the park for purposes of national unity. Michael Malzone said learning English was the responsibility of any foreigner coming to the country.

David McCray took the discussion a step further and made an argument for the reservation of open space as a natural resource for taxpayers. This week he moved the town outright ban out-of-towners.

Restricting non-residents' access to beaches is not uncommon in the northern part of the state.

The town polled 15 municipalities and found eight permitted only residents to use their beaches.

Town Manager Keith Hickey suggested the town use transfer station decals to enforce the ban.

McCray said the town should put up signs saying the beach is closed to out-of-towners.

The signs would not be written in Spanish.