[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
The Township of Toms River, in the County of Ocean, hereby authorizes
the establishment and maintenance of paid municipal bathing beaches
at each of the following general locations in this municipality:
A.
At the Atlantic Ocean front, Ortley, between Second Avenue and Fifth
Avenue, except in front of Lot Nos. 158 and 159 in Block 1001-2, on
lands owned or possessed by said municipality.
B.
At Atlantic Ocean front, Ortley, between the southerly line of Seventh
Avenue and the southerly line of Block 1057, on lands owned by said
municipality.
D.
At Shelter Cove, on the west side of Barnegat Bay, on lands owned
by the municipality known as "Lot Nos. 101 and 102, Block 444."
The municipality reserves the right to establish, change or
abolish the precise location of any one or more of said bathing beaches
referred to in the preceding section hereof, from time to time by
resolution or order, as safety and attending circumstances shall require.
The governing body of this municipality also reserves unto itself
the right to determine and resolve the period during each year when
each of said paid bathing beaches shall be opened and closed.
No person over the age of 12 years shall use any of said bathing
beaches without first paying the proper license fee for such use and
getting and possessing a municipality-issued badge to evidence the
payment of such fee.
A.
The "bathing season," as referred to herein, shall mean that portion
of the year between when the municipal bathing beaches are opened
by the Township of Toms River and the time when said bathing beaches
are closed in the same year by the municipality. An appropriate beach
badge shall be given to each person when the proper fee is paid for
that period of time.
B.
The Director of Recreation is hereby authorized to annually establish
license fees, senior citizen identification card fees, and other fees
for access to and use of Township beaches. All fees established pursuant
to this provision, and any increases or reductions thereto, must be
approved by the Business Administrator, the Chief Financial Officer,
and by resolution of the Township Council.
[Amended 3-8-2011 by Ord. No. 4306-11; 6-26-2012 by Ord. No. 4359-12; 2-9-2021 by Ord. No. 4691-21; 10-26-2022 by Ord. No. 4756-22]
C.
Senior citizens, defined as persons 62 years of age and over, may
access Township beaches free of charge, upon presentation of a senior
citizen beach identification card issued by the Township, as follows:
[Amended 11-29-2011 by Ord. No. 4334-11; 6-26-2012 by Ord. No.
4359-12]
(1)
The card may be obtained from the Department of Recreation upon appropriate
proof of age.
(3)
To receive the benefit conferred by this provision, the identification
card must be presented each time the cardholder intends to access
the beach. Otherwise, regular fees apply.
(4)
The card has no expiration and is valid for the life of the cardholder.
(5)
The card may be used only by the person to whom it is issued and
is nontransferable.
No person over the age of 12 years shall bathe at or otherwise
use the lands, facilities or privileges of any of said municipal bathing
beaches without having first acquired, and then having in his or her
possession, a proper and effective badge, license or permit to use
the municipal beach.
No person shall permit another person to use his or her bathing
permit or badge, or transfer or attempt to transfer any permit or
badge to any person other than the person to or for whom it was issued.
Each and every badge, permit, license and privilege granted
pursuant to this article is and shall be under and subject to all
effective rules, regulations and ordinances of said Township of Toms
River, particularly Ordinance No. 488,[1] finally adopted by the governing body of said Township
on February 25, 1958, and still in full force and effect.
No person over the age of 12 years shall bathe at or use any of said municipal public bathing beaches or any of the lands or facilities of any of said beaches unless and until he or she shall have paid the proper fee or charge, as fixed in § 175-10 hereof.
No person shall loan, give, rent or sell any beach badge to
any person subsequent to the original issuance. No person shall, under
any circumstances, use a beach badge issued for another person.
No person shall make any false statement to said municipality
or its agent or employee, in connection with the use or proposed use
of any municipal bathing beach by himself, herself or any other person.
Any person convicted of a violation of any provision of this
article shall suffer a penalty of a fine of not more than $100 or
imprisonment in the common jail of the County of Ocean for a term
of not more than 30 days, or both, at the discretion of the Judge
before whom such conviction is had.
The municipality reserves unto itself and its representatives,
agents, officials and employees the right to do any of the following:
A.
Revoke a beach badge and all rights and privileges thereunder if the holder of such badge conducts himself or herself at any municipal bathing beach in any manner so as to violate any of the provisions of § 175-1 of Article I of this chapter. In the event of such revocation, the fee paid for the beach badge need not be refunded.
B.
Challenge the age of any child appearing to the municipal representatives
or employees at the beach to be over 12 years of age, and demand proof
of age of any such child.
