Borough of Seaside Heights, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 29.
Vehicles on beaches — See Ch. 227.

§ 33-1 Establishment of oceanfront resort area.

There is hereby established a place of resort for public health, recreation, bathing and entertainment, including construction and maintenance of boardwalk, bathing and recreational facilities, safeguards and equipment in this Borough at the oceanfront, upon all of the lands owned by this municipality or leased by it fronting upon the Atlantic Ocean.

§ 33-2 Maintenance by Borough.

Said place of resort for public health, recreation, bathing and entertainment shall be maintained by the Borough of Seaside Heights.

§ 33-3 Safeguards, equipment and facilities.

The municipality shall acquire, construct, use and maintain such safeguards, equipment and facilities as shall be necessary in the proper establishment and maintenance of said place of resort for public health, recreation, bathing and entertainment. The municipality shall have the right and authority to purchase, rent or otherwise acquire lifeboats, ropes, poles and other safeguards, recreational facilities and equipment for the recreation, protection and safeguard of human beings at said place of resort, while bathing or otherwise, at said place of resort.

§ 33-4 Lifeguards and other seasonal employees.

[Amended 5-19-1999 by Ord. No. 99-15]
The municipality shall employ such lifeguard or lifeguards and other seasonal employees as may be required for the proper supervision of public bathing at designated public beaches within the Borough of Seaside Heights.

§ 33-5 Policing.

The municipality shall have the right to police said place of resort and to hire, engage and pay such police officers as shall be necessary for the proper policing of said place of resort.

§ 33-6 Protection, construction and maintenance.

The municipality shall have the right to:
A. 
Protect said place of resort and the lands thereof from erosion, encroachment and damage by sea, or otherwise.
B. 
Construct and maintain public boardwalks and walks and approaches thereto.

§ 33-7 Fee for use.

[Amended 2-4-1998 by Ord. No. 98-5; 12-15-1999 by Ord. No. 99-34; 3-1-2000 by Ord. No. 2000-5; 3-2-2005 by Ord. No. 05-09; 4-19-2006 by Ord. No. 06-05; 12-2-2009 by Ord. No. 09-11; 2-6-2013 by Ord. No. 13-05; 7-16-2014 by Ord. No. 14-15; 1-20-2016 by Ord. No. 16-04]
In order to provide funds to improve, maintain and police the said place of resort and to protect the same from erosion, encroachment and damage by sea, or otherwise, and to provide facilities and safeguards for public bathing and recreation, including the employment of lifeguards, the following reasonable fees shall be charged to the person using said lands and bathing facilities for access to the beach and bathing and recreational facilities, provided that such fees shall not be charged or collected from children under the age of 12 years, nor from active and retired military personnel and their immediate family members upon presentation of proper identification confirming such status:
A. 
During normal bathing season: $7 per day per person all weekdays, except holidays, and $8 per day per person weekend days and holidays during the usual bathing season from May 15 to September 15 of each year. The Borough reserves the right to waive or reduce the beach fees for certain days in the event the Borough is successful in obtaining sponsorship for those days. In the event the governing body is successful in obtaining the necessary sponsorship for a beach day or days, the Borough shall designate the beach day or days by resolution.
B. 
The Borough Administrator, by resolution adopted annually by the Borough Council, may be authorized to develop and approve promotions consisting of free or discounted daily, weekly, and season beach badges, including, but not limited to, the Lakewood Blue Claws free daily beach pass promotion (approximately 200,000 beach pass awards); Mom and Me Day; Dad and Me Day; Bring a Friend to the Beach Day; Val Pak mailer promotion; AAA magazine promotion; radio promotions; social media promotions; and prizes that are part of nonprofit organization fundraisers (e.g., gift basket prizes).
C. 
Individuals desiring to purchase a weekly beach badge running from Saturday through Friday of any given week shall be required to pay a fee of $35 per week.
D. 
Individuals desiring to purchase a season beach badge shall be required to pay a fee of $35 per season if said badge is purchased on or before May 15. If the season beach badge is purchased after May 15, the price shall be $55 per season.
E. 
Individuals desiring to purchase a season beach badge shall make application to the Borough of Seaside Heights on a form approved by the Borough Administrator.
F. 
Senior citizen season beach badge fee. Any person 65 years of age or older shall be entitled to purchase a season beach badge for a fee of $10 upon presentation of a copy of a birth certificate or other valid proof of age together with a photo identification. Any lifetime or VIP senior beach badge issued by the Borough of Seaside Heights prior to December 31, 2015, shall remain in full force and effect.
G. 
Beach badges shall not be resold, bartered, or redeemed for cash.
H. 
Each daily, weekly, and season beach badge constitutes a license to use the beach, which license may be revoked by the Borough Administrator in the event that the licensee misuses the beach badge or otherwise violates any section of this chapter.

§ 33-8 Prohibited acts.

[Amended 3-2-2005 by Ord. No. 05-09]
Unless permitted in a designated area of the beach as authorized by the governing body, in which case signs shall be posted in public view to advise the general public of the acts which are permitted in said designated area, no person shall do any of the following things at or upon the place of resort for public health, recreation, bathing and entertainment:
A. 
Throw, drop, discard or leave any wastepaper, garbage or other refuse on the beach or in the water or anywhere which is not a designated trash or recycling receptacle; or in any way litter, make unsightly, damage, destroy or disfigure the said beach or any public or private property thereat.
B. 
Sell, peddle or hawk any food, drink or confections upon the public beach.
C. 
Make any loud noise, sound or music to the annoyance of any other person; or use loud or obscene language.
D. 
Play ball or any other game, ride or operate a surfboard or engage in any activity which will endanger another person or interfere with the enjoyment of the quiet use of the beach or public boardwalk or said place of public resort by another person or do anything which shall endanger the life, health or safety of oneself or any other person.
E. 
Take any intoxicating liquor upon any public beach or public boardwalk.
F. 
Take or permit his or her dog to be or go upon the beach or in the water at a public bathing beach or upon the public boardwalk.[1]
[1]
Editor's Note: See also Ch. 29, Animals.
G. 
Go into or remain in the water at any beach when:
(1) 
It is unsafe to do so. This prohibition shall include swimming out from the beach so far that it is unsafe.
(2) 
Directed by a public lifeguard to come from said water.
(3) 
Intoxicated.
H. 
Molest or disturb any person in the peaceful enjoyment of said beach, boardwalk or bathing facilities.
I. 
Go out in the water at a bathing beach:
(1) 
Farther than directed by a public lifeguard.
(2) 
In violation of a reasonable order of a lifeguard when the safety of the bather is or may be endangered by going in the water.
J. 
Refuse or neglect to obey the orders and directions of a public lifeguard as to time, place and distances for bathing, or interfere with or obstruct a police officer or lifeguard in the performance of his or her duty. Nor shall any person fail to obey the order of the captain of the lifeguards or, in his or her absence, the second-in-command of the beach patrol ordering the lowering of beach umbrellas when wind conditions require the same. Additionally, this shall apply to the captain's order to remove surf rafts from the ocean when conditions have been determined to require the same.
K. 
Operate a privately owned motor vehicle on the public boardwalk at any time.
L. 
Operate a privately owned beach buggy or other motor vehicle on a beach during times and hours when the beach is opened for bathers, which shall be during times when lifeguards are on duty.
M. 
Enter or attempt to enter upon the public beach without having purchased a current and valid beach badge from the Borough of Seaside Heights. Upon request of any lifeguard, beach attendant, police officer or other Borough officer or employee, an individual on the public beach shall present his or her beach badge as proof that he or she entered upon the beach in a legal manner. Failure to produce a current and valid beach badge shall be grounds for removal from the public beach and the issuance of a complaint for violation of this section.
N. 
Build or maintain bonfires or fires on the beach.
O. 
Pursuant to N.J.S.A. 40:48-1 and N.J.S.A. 40:48-2, the smoking and/or burning of a lighted cigar, cigarette or pipe, or any other matter or substance which contains tobacco, is prohibited in those beachfront areas of the Borough as are designated, from time to time, by resolution of the governing body and posted by signs clearly identifying the area within which such activity is prohibited.
[Added 7-2-2008 by Ord. No. 08-12]

§ 33-9 Duration of season; hours.

A. 
Said place of resort shall be kept open during the usual bathing season in the municipality, which is generally from May 15 to September 15, except in inclement weather. Ocean and bay bathing is permitted only when lifeguards are on duty. All persons are to be restricted from remaining on the ocean beach after 10:00 p.m. of any day.
[Amended 5-19-1999 by Ord. No. 99-15]
B. 
The public boardwalk shall be closed for public use and no person shall be permitted to remain on the public boardwalk during the hours after 3:00 a.m. and before 6:00 a.m.

§ 33-10 Enforcement.

The provisions of this chapter shall be enforced by the Police Department for the Borough of Seaside Heights, Special Police Officers, Lifeguards and Beach Attendants. It is the specific intention of the governing body of the Borough of Seaside Heights that lifeguards and beach attendants be authorized to write summonses for violations of the provisions of Chapter 33 and, in particular, § 33-8, entitled "Prohibited acts."

§ 33-11 Violations and penalties.

[Amended 3-2-2005 by Ord. No. 05-09]
A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,250, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.