[Adopted as Sec. 12-4 of the 1982 Revised General Ordinances]
A.
Paid places of resort, bathing and recreation, known as "paid beaches," are hereby established in the Borough of Stone Harbor for the public health, recreation and entertainment.
B.
Such paid beaches shall include the oceanfront upon all lands in the Borough of Stone Harbor fronting on the Atlantic Ocean between 80th Street and Hereford Inlet, and upon all of the lands fronting on Hereford Inlet commonly known as "the beach."
[Amended 3-7-2006 by Ord. No. 1251]
In order to provide the necessary funds and to improve, maintain and police the beaches, various fees shall be charged for such facilities and collected by the Beach Tag Sales Supervisor. The Borough Council shall have the right to change these fees from time to time by resolution of the Borough Council.
[Amended 10-18-2011 by Ord. No. 1392]
A.
Persons 12 or older. No person of the age of 12 years or older shall bathe at or otherwise use the paid beaches without having first acquired and then having in his or her possession a proper and effective badge permitting him or her to use said beaches.
B.
Persons in active military service. Though such persons are required to display a badge, no fees shall be charged to or collected from persons in active military service in any of the Armed Forces of the United States or to their spouse or dependent children over the age of 12 years.
C.
Persons who are active members of the New Jersey National Guard. Though such persons are required to display a badge, no fees shall be charged to or collected from persons who are active members of the New Jersey National Guard who have completed initial active duty training and to their spouse or dependent children over the age of 12 years. As used in this subsection, "initial active duty training" means basic military training, for members of the New Jersey Air National Guard, and basic combat training and advanced individual training, for members of the New Jersey Army National Guard.
D.
Persons who have served in any of the Armed Forces of the United States and who were discharged or released therefrom under conditions other than dishonorable and who either have served at least 90 days in active duty or have been discharged or released from active duty by reason of a service-incurred injury or disability (veterans). Though such veterans are required to display a badge, no fees shall be charged to or collected from such veterans. In order to obtain a badge with no fee, such veterans shall present to the Beach Supervisor documentation, consistent with law and the rules and regulations promulgated by The Adjutant General of the New Jersey Department of Military and Veterans Affairs, sufficient to establish entitlement to a badge with no fee.
[Added 3-4-2014 by Ord. No. 1438[1]]
E.
Records and verification. As required by law, the Beach Tag Supervisor shall maintain a list of all individuals to whom beach tags are issued pursuant to Subsections B, C and D above, including the names of all individuals and, as applicable hereunder, their family members who qualify for the beach fee exemption. The Beach Tag Supervisor shall also establish procedures for verifying that individuals and, as applicable hereunder, their family members qualify for the beach fee exemption by presentation by those claiming the exemption of appropriate credentials demonstrating active duty or veteran status.
[Amended 3-4-2014 by Ord. No. 1438]
The paid beaches shall be kept open during the usual bathing season, which shall be established on an annual basis by resolution of Borough Council. The beaches shall be opened during the hours from 10:00 a.m. to 5:00 p.m. prevailing time, except during inclement weather.
The Mayor and Council are hereby authorized and empowered to:
A.
Adopt by resolution, in addition to the rules and regulations herein enumerated, such other rules and regulations as may be necessary for the proper control and regulation of the beachfront and the waters adjacent thereto.
B.
Designate by resolution the protected bathing beaches where boats and lifeguards are to be provided by the Borough and from which beaches persons may bathe and swim, and to change or abolish the precise location of any one or more of such protected bathing beaches from time to time, as safety and attending circumstances shall require.
C.
Employ inspectors, lifeguards, and such other employees as may be necessary to carry out and enforce the provisions of this section and all rules and regulations established herein or subsequently adopted by resolution.
D.
Purchase badges, checks or other insignia and such other supplies, materials and equipment as may be necessary.
E.
Designate by resolution of the Borough Council from time to time, upon written application therefor, that the requirements of having a beach badge be lifted on certain beaches for the duration of certain functions found by Borough Council to be in the best interests of the Borough of Stone Harbor. Examples of such functions would be the conduct of a hobie cat race, a sailing race, a surfing tournament, a surf fishing tournament, or some other similar event. It is the intention of Borough Council that such events be kept to a reasonable number so as not to unduly interfere with the public's use of our beaches.
A.
It shall be unlawful to violate any of the following rules and regulations, or those subsequently adopted by resolutions, during the bathing season or at other times if specifically provided for. No person shall:
(1)
Bathe or swim from the paid beaches except from the protected bathing beaches where boats and lifeguards are provided, and at such times as the lifeguards are on duty; nor bathe or swim beyond a safe depth in the ocean as from time to time indicated or regulated by the lifeguards.
(2)
Use a surfboard, boat or raft of any kind or description except at locations designated by the lifeguards.
(3)
Engage in surf fishing in the bathing areas during bathing hours, except that surf fishing shall be permitted within 20 yards of either side of a jetty, subject to modification on a daily basis by the lifeguards on duty, depending upon water and wind conditions.
(4)
Use the public beaches for picnicking. The word "picnicking" as used herein means the carrying of or otherwise transporting any box, basket, bag or tub or other receptacle in which there is contained food or beverage, or both, and the consumption of such food or beverages, or both.
(5)
Consume alcoholic beverages on the public beaches.
(6)
Change clothes, dress, undress or otherwise disrobe, except outer wraps.
(7)
Sleep on the public beaches during any time between sunset and sunrise.
(8)
Act in a loud, indecent, obscene or offensive manner.
(9)
Revel, disport, or behave in a noisy and boisterous manner, emitting loud cries and other noises, so as to inconvenience others, or otherwise disrupt and disturb the public peace and dignity within the beach areas defined.
(10)
Climb upon, stand on, tamper with or handle the lifeguard boats or other equipment used by the lifeguards.
(11)
Throw, bat or catch a baseball, football, basketball, softball, metal horseshoes, beach darts, or engage in the playing of any game, which endangers the health and safety of others. This subsection shall not apply to the playing of beach tennis or playing "catch" with a soft rubber or beach ball, unless the health and safety of others is endangered.
(12)
Throw, place, deposit or leave any bottles, glass, crockery, sharp or pointed articles or things, paper, refuse or debris of any kind on the beaches.
(13)
Conduct any commercial activity or business on the public beaches, unless specifically authorized to do so by Borough Council, or unless licensed to do so by the Borough of Stone Harbor. In addition, no person shall offer as a gift or free sample any article, goods, wares, merchandise, or any materials advertising any article, goods, wares or merchandise for sale, to any person on the public beaches of the Borough of Stone Harbor.
(14)
Park vehicles, loiter, assemble, band or crowd together, so as to interfere, or be likely to interfere, with the ingress and egress of others at the street ends approaching the beaches.
(15)
Drive or move any vehicle on the beach at anytime during the entire year without a permit issued in accordance with Article II, Vehicles on Beaches, of this chapter.
(16)
Fly a kite of any size, shape or description or attempt to do so, or propel or cause the movement of any object through the air, whether manually, mechanically or electrically during the hours that the beach is made available for bathing.
(17)
Start or maintain a fire on the beach at any time during the entire year without permit in writing issued by the Mayor.
(18)
Permit or allow any dogs or other animals on the beachfront or the waters adjacent thereto, or upon any public walk contained on the beachfront, except as otherwise set forth in § 147-7H of the Code of the Borough of Stone Harbor.
(19)
Fail to immediately obey all orders, directions, whistles or other signals used by the lifeguards, the beach inspectors, the beach tag checkers and/or the Borough police officers.
(20)
Operate a power-driven boat, jet ski, or other power-driven watercraft:
(a)
Within 300 feet of any person swimming in the ocean off said beaches;
(b)
Within an area circumscribed by a line drawn from the seaward end of any two of the Borough's stone revetments, the stone revetments themselves and the beach; or
(c)
Within 300 feet of the seaward side of the line drawn from the seaward end of any two stone revetments.
(21)
Use a surfboard, without a leash attached thereto, in the water off the beach; use a kayak, in the waters off the beach, without wearing a life jacket.
(22)
Use a beach umbrella on Stone Harbor beaches unless the beach umbrella is secured to the ground using an auger, sandbag, or other anchoring device as to restrict the uncontrolled movement of the beach umbrella due to the wind.
[Added 8-18-2020 by Ord. No. 1571]
(23)
Access the beaches of the Borough of Stone Harbor from the ocean, bay, waterway or any other body of water adjacent to or abutting the beaches of the Borough of Stone Harbor by way of boat, whether power driven or otherwise, except as specifically provided for herein. Access to the beach(es) shall be in the manner and location(s) as set forth herein.
[Added 3-21-2023 by Ord. No. 1625]
B.
This section shall be applicable between the 15th day of May and the 25th day of September during the hours of 8:00 a.m. and 6:00 p.m., inclusive. The provisions and prohibitions of § 156-6A(23) regarding boat access to the beach(es) shall be in effect year-round and are not subject to limited seasonal enforcement as is the case with the remainder of the beach rules and regulations.
[Amended 3-21-2023 by Ord. No. 1625]
The Borough reserves the right to revoke any beach privileges granted under this article for any violations of its provisions, or other rules and regulations, and to retake and impound any beach identification badge or permit which has been improperly used or obtained. Such revocation shall not preclude the imposition of any other penalties provided for such violation.
[Amended 3-7-2006 by Ord. No. 1251; 6-20-2023 by Ord. No. 1642; 7-18-2023 by Ord. No. 1648]
Anyone violating any provision of this article shall, upon conviction thereof, be subject to a minimum fine of $30 and the maximum penalties set forth in Chapter 1, Article III, Penalty, of the Borough of Stone Harbor Code. A violation of this section, in combination with conduct by the offender that either causes terror and/or alarm to others, incites violence, hinders or obstructs any Borough employee in performance of its duties, is unreasonably loud and/or boisterous, offends the sensibilities of the public given the time and place of the conduct, and/or otherwise has a deleterious impact on public order, shall constitute a breach of the peace.
