Borough of Lavallette, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 3.
Animals — See Ch. 6.
Boating — See Ch. 11.
Littering — See Ch. 39.
Peace and good order — See Ch. 46.
Vehicles and traffic — See Ch. 89.

§ 7-1 Places of resort established.

Pursuant to N.J.S.A. 40:61-22.20, places of resort are hereby established in this municipality for the public health, recreation and entertainment, including boardwalks, beaches, bathing and recreational facilities safeguards and equipment. The following locations are hereby designated as such places of resort:
A. 
At the oceanfront upon all of the lands owned by the municipality fronting on the Atlantic Ocean, in those portions of a tract of land sometimes known as “Ocean Avenue, “together with the lands east of and adjacent thereto in the municipality wherein the municipality has ownership, easement rights or the right to use and occupy the same.
B. 
All the lands owned by the municipality fronting on Barnegat Bay.
C. 
All lands owned by the municipality bounded by Elizabeth Avenue on the south, State Highway 35 South on the east, Jersey City Avenue on the north and Baltimore Avenue on the west, commonly known as the ”Municipal Ballfield.”
D. 
All municipal land commonly known and used as a municipal tennis court.
[Added 2-22-2011 by Ord. No. 2011-01 (1091)]
E. 
All municipal facilities located on municipal land and commonly called the municipal ice skating rink.
[Added 2-22-2011 by Ord. No. 2011-01 (1091)]

§ 7-2 Definitions.

Unless the context otherwise requires, the meaning of the terms used in this section shall be as follows:
INLINE SKATE
A shoe, boot or other foot covering with wheels attached to the bottom in a single vertical row from toe to heel.
MOTORIZED BICYCLE or MOPED
A pedal bicycle having a helper motor as defined within N.J.S.A. 39:1-1.
MOTORIZED SCOOTER
A scooter as defined within this section, with a helper motor of any size, dimension or horsepower.
ROLLER SKATE
A shoe, boot or other foot covering with wheels attached to the bottom.
SCOOTER
A foot-operated vehicle consisting of a foot board or deck mounted between two wheels tandem with an upright steering handle attached to the front wheel.
SKATEBOARD
A flat or curved narrow board or deck, with urethane or other type wheels attached to the bottom, by trucks, axles or other means.

§ 7-3 Maintenance.

Said places of resort shall be maintained by the municipality from the effective date of this article.

§ 7-4 Facilities and equipment.

A. 
The municipality shall acquire, construct, use and maintain such boardwalks, beaches, bathing and recreational facilities, safeguards and equipment as shall be necessary for the proper establishment and maintenance of said places of resort.
B. 
The municipality shall have the right and authority to purchase, rent or otherwise acquire lifeboats, ropes, poles and other safeguards and equipment for the recreation, protection and safeguard of those persons utilizing the said places of resort.

§ 7-5 Lifeguards.

The municipality shall hire, employ and pay such lifeguards, and other seasonal employees as shall be required for the proper maintenance of said places of resort.

§ 7-6 Policing.

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

§ 7-7 Right of municipality to protect and construct.

The municipality shall have the right to protect said places of resort from erosion, encroachment and damage by sea or otherwise and to construct and maintain public boardwalks, walks and approaches thereto.

§ 7-8 Rights reserved by municipality.

The municipality reserves the right to:
A. 
Designate, by resolution, the specific areas wherein bathing beaches shall be established and vacated from time to time, as safety shall require.
B. 
Adopt resolutions setting up proper regulations for the administration of said places of resort.
C. 
Engage and discharge personnel for the administration of said places of resort.
D. 
Determine the hours, dates and times when bathing beaches shall be opened and closed.

§ 7-9 Fees for use of beaches and facilities.

[Amended 4-5-2004 by Ord. No. 2004-02 (937); 4-24-2006 by Ord. No. 2006-02 (994); 2-9-2009 by Ord. No. 2009-01 (1054); 3-9-2009 by Ord. No. 2009-02 (1055)]
A. 
In order to provide funds to improve, maintain and police said places of resort, protect the same from erosion, encroachment and damage by the sea or otherwise and provide facilities and safeguards for public bathing and recreation, including employment of lifeguards and the purchase and maintenance of rescue and first-aid equipment, the following registration fees shall be charged and collected for the use of the oceanfront and bayfront beaches, bathing and recreational facilities of same:
[Amended 12-20-2010 by Ord. No. 2010-18 (1090)]
(1) 
No fees shall be charged or collected from any person under the age of 12 years for a beach badge for the use of the beaches and bathing facilities.
(2) 
For each daily badge: $10.
[Amended 12-8-2014 by Ord. No. 2014-08 (1133); 10-17-2016 by Ord. No. 2016-11 (1155)]
(3) 
For each weekly badge: $30. A "week" is defined as the period from Saturday through the following Saturday.
[Amended 10-17-2016 by Ord. No. 2016-11 (1155)]
(4) 
For each full-season badge: $50.
[Amended 12-8-2014 by Ord. No. 2014-08 (1133); 10-17-2016 by Ord. No. 2016-11 (1155)]
(a) 
For each full-season badge for any person who is 65 years of age or older: $15.
(b) 
For persons who meet the disability criteria for disability benefits under Title II of the Federal Social Security Act: $15.
(c) 
For all disabled veterans of any military service and all military service personnel on active duty status: $15.
(5) 
A fee of 3% will be added to the price of each badge purchased when the purchase of the badge(s) is made through the use of a credit/debit card. Credit cards include MasterCard, Visa, and Discover.
[Added 12-8-2014 by Ord. No. 2014-08 (1133);[1] amended 2-21-2017 by Ord. No. 2017-04 (1164)]
[1]
Editor's Note: Pursuant to Ord. No. 2014-08 (1133), adopted 12-8-2014, the fees for full-season badges for persons over age 65, persons with disabilities, disabled veterans and military service personnel on active duty, which formerly appeared in Subsection A(5), were moved to Subsection A(4).
(6) 
For each preseason badge, provided that the badge is purchased during the period of time designated by resolution of the governing body: $40.
[Amended 10-17-2016 by Ord. No. 2016-11 (1155)]
(7) 
For the use of any municipally owned tennis court during the bathing season: $5 per hour; however, no fees shall be charged to or collected from children 12 years of age and under for use of any municipality-owned tennis courts. No fees shall be charged to or collected from any person under the age of 18 years of age for use of any municipally owned tennis courts during the bathing season Monday through Friday, between the hours of l:00 p.m. and 3:00 p.m. Admission to and use of the municipally owned tennis courts during these hours shall be limited to persons under 18 years of age, except one adult over 18 years of age paying the regular fee may accompany one child under 18 years of age.
(8) 
For each boat beached or stored in an area designated by the Borough on the municipally owned bayfront: $100. Payment of the fee required by this subsection shall be in addition to payment of any other fees required by this section. Each boat shall bear a decal issued by the municipality as evidence of registration. The decal shall be valid for the duration of the bathing season in which it is issued. The Borough may remove from the municipality-owned bayfront any boat which has not been properly licensed or which remains beached or stored on the municipality-owned bayfront after October 31 of any year and store the same. In such event the owner shall, in addition to any applicable penalty or fine, pay to the Borough the costs of removal and storage as provided in this article.
(9) 
For each boat docked or moored at the municipal pier located at the westerly terminus of Jersey City Avenue: $1,100 per season. These facilities shall be made available to permanent residents or property owners of the Borough prior to the commencement of the bathing season. On or after the first day of the bathing season, facilities shall be available to any person making application therefor.
B. 
The term "bathing season" used above is intended to refer to that part of any calendar year during which the municipality shall have officially opened its places of resort for public use.
C. 
All boats beached or moored pursuant to Subsection A(8) and (9) shall be registered with the State of New Jersey, and proof thereof must be presented in order for a permit to be issued to the applicant. The permit shall be issued in the name of the owner of the boat and shall not be transferable to any other boat. Only one boat may be beached or moored in any space or boat slip. No beach or slip may be used for commercial purposes.
D. 
If there is any violation of the provisions of this article by a permit holder, the permit shall automatically be revoked.
E. 
In the event that a boat is removed from the municipality-owned bayfront or municipal pier because it has not been properly licensed or it remains beached, stored or moored after the expiration of the period covered by the permit, the Borough shall be entitled to be paid $50 for removing the boat and $10 for each day it is stored after being removed.
F. 
The Borough of Lavallette Borough Council recognizes that commercial for-profit individuals and business entities have increasingly sought to use such places of resort for activities which encourage physical well-being and healthy competition against oneself and other participants. However, the use of such public facilities and places of resort has increasingly placed a strain on municipal resources, including employee overtime, cleanup expenses and maintenance expenses. A permit shall be required to be obtained by any commercial for-profit organization or individual for the use of any of the places of resort set forth in § 7-1A through E for any commercial for-profit activity such as a lesson, class, school, race or competition, time trial, triathlon or biathlon, and regardless of whether such commercial or for-profit activity is offered on a regular or irregular schedule and regardless of whether such commercial or for-profit activity is conducted on a single day or on a series of days.
[Added 2-22-2011 by Ord. No. 2011-01 (1091)]
(1) 
The commercial for-profit applicant for a permit shall complete an application stating the principal office of the application and describing the activity(ies) proposed to be conducted and the date(s) and time(s) thereof, the number of expected participants, and the name, telephone number and e-mail if known of the person or persons who will in charge of conducting, the activity(s) on the date(s) and time(s) of the proposed event. The Borough may impose additional information requirements in the application from time to time, including but not limited to a waiver of insurance subrogation.
(2) 
The commercial for-profit applicant for a permit shall provide a certificate of insurance for the activity described in the application naming the Borough of Lavallette as an additional insured, or a confirmation that the commercial for-profit applicant has insurance for the activity(s) described in the application which covers the Borough of Lavallette for any general risk.
(3) 
The commercial for-profit applicant shall require that all of its participants shall obtain a minimum of daily use beach permits as described in § 7-9A if the participant will be present on any place of resort requiring a beach badge, in addition to the application and permit activity fees set forth herein.
(4) 
The commercial for-profit applicant shall pay the fees for the application as otherwise required, including but not limited to any deposit for cleanup and/or damages, and in addition shall pay a permit activity fee of 10% of gross revenues collected for the activity(s). Such additional fee shall be paid by the commercial for-profit applicant within 10 days of the last date of the event and shall be paid into the general revenue of the Borough of Lavallette.
(5) 
The Borough Council, by resolution in January of each year subsequent to the year of adoption of this subsection and its effective date, may adjust the percentage of gross revenue set forth in § 9-7F without enacting a revised ordinance, but in no case shall the percentage of gross revenue be adjusted more than 1% at any time.
(6) 
One-day food truck events permits.
[Added 4-3-2017 by Ord. No. 2017-06 (1166)]
(a) 
An applicant for use of a facility for an event may apply for a permit to allow one or more food trucks to participate in the event. The applicant shall list all food trucks intended to be located at the event in the facilities use application. The applicant must provide the following information on a separate sheet attached to the facilities use application for each food truck:
[1] 
Name of food truck;
[2] 
Make, model, and license plate number of vending unit;
[3] 
Owner's contact information;
[4] 
Operator's contact information;
[5] 
Signature by applicant and food truck indicating agreement to the listed requirements for operation of a food truck at the planned event;
[6] 
Proof of valid insurance policy that provides liability coverage against any claims or damages of any kind at the event and names the Borough as an additional insured and provide a copy of such policy to the Borough at the time of the application.
(b) 
Participation by one or more food trucks at the applicant's event is subject to the following requirements:
[1] 
Food trucks must have a current certificate of inspection from the County or Municipal Board of Health wherein the food truck is principally located.
[2] 
Food trucks shall be located at least 10 feet away from the nearest building, provided that a mobile vending unit may be located closer than 10 feet to a building if the location has been approved in writing in advance by the Borough Fire Chief.
[3] 
Food trucks shall be located a minimum distance of 15 feet in all directions from a fire hydrant.
[4] 
Food trucks shall only serve walk-up customers, not customers at customer seating.
[5] 
Food trucks shall not broadcast music or loud advertisements.
[6] 
Food trucks shall not provide customer seating.
[7] 
No signage is allowed except signage affixed to the mobile vending unit identifying the food trucks and menu/price information.
[8] 
Food trucks must provide for adequate waste collection from their customers and remove waste from the site without using public waste receptacles.
[9] 
Food trucks must operate in a safe, sanitary, and nonoffensive manner.
[10] 
The food truck operator or his/her designee must be present at all times except in cases of an emergency.
[11] 
No liquid waste or grease is to be disposed of in tree pits, storm drains or onto the sidewalks, streets, or other public space. Under no circumstances shall grease be released or disposed of in the Borough's sanitary sewer system.
(c) 
There shall be a fee for each food truck provided at the applicant's event in the amount of $100.

§ 7-10 Right to use beach.

A. 
With the exception of commercial for-profit permits issued pursuant to § 7-9F, it shall be a violation of this section for any person, firm, corporation or other entity to sell, or otherwise exchange for money or other valuable consideration, any privilege, right, interest, badge, ticket, license or other tangible evidence issued by the Borough pursuant to § 7-9 authorizing the use of the oceanfront and bayfront beaches, bathing and recreational facilities.
[Added 2-22-2011 by Ord. No. 2011-01 (1091)]
B. 
No person shall accept and use upon said beaches any badge or ticket not issued to or for such person by the municipality and its duly constituted representatives.
C. 
No person shall conspire, aid, advise, abet or otherwise assist in any violation of any provision of this section or any other section of this article.
D. 
No person, other than a child under the age of 12 years, shall use said beaches at any time without having on his or her person, and prominently displayed at all times, a badge, ticket or other evidence of the right to use said beaches.
E. 
Any person, firm or corporation that shall be convicted of a violation of a provision of this section shall, upon conviction whereof by any court authorized by law to hear and determine the matter, be subject to a fine of no less than $100 and no more than $1,000, imprisonment not to exceed 90 days or community service of not more than 90 days, or any combination of fine, imprisonment and community service, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.

§ 7-11 Prohibited acts.

[Amended 12-1-2003 by Ord. No. 2003-19(935)]
No person shall do any of the following things at or upon the said places of resort:
A. 
Throw, drop or pass out any wastepaper, garbage or other refuse or sell any food, drink or confection on any beach. Notwithstanding this provision, properly licensed vendors may sell food, drink or confection from motor vehicles in Municipal Parking Lot Nos. 1, 2, 3 and 4, provided that such vehicles obtain a parking sticker and pay the fee established in Article IV of Chapter 89, Vehicles and Traffic.
B. 
In any way litter, make unsightly, damage, destroy or disfigure any beach or any public or private property thereat, or fish or crab from public boardwalks.
C. 
Make any loud noise, sound or music to the annoyance of any other person.
D. 
Use loud, profane or indecent language.
E. 
Play ball or other game or engage in any activity which will endanger another person or interfere with the enjoyment of the quiet use of said places of resort by another person. The playing or practicing of golf is prohibited at the municipal ball field, "Chandler Field," located at the intersection of Baltimore and Jersey City Avenues. However, the Mayor and Council of the Borough of Lavallette, by resolution, may designate areas of the beaches for the use of those persons desiring to engage in beach volleyball. The Mayor and Council of the Borough of Lavallette may from time to time prohibit or change the location of the beach volleyball areas, designate the hours of use of said area or otherwise act as the public welfare may require. Any area designated for beach volleyball purposes shall be posted at the Borough Beach Badge Office. All persons playing beach volleyball shall display a valid beach badge. The playing of beach volleyball is solely at the risk of the players, and the Borough of Lavallette shall not be responsible for any injuries sustained during the playing of beach volleyball or the failure of any person to properly use, erect or remove any equipment or remove any debris from the volleyball area.
[Amended 6-11-2012 by Ord. No. 2012-08 (1107)]
F. 
Ride or operate a surfboard in any area of the beaches not designated for that purpose. The governing body of the municipality, by and through its Beach Committee acting as its agent and representative, shall designate areas of the beaches for the use of those persons desiring to engage in surfing. In these areas, no bathing or fishing shall be permitted while said areas are being used for surfing. The use of the designated surfing areas shall be subject to the control and supervision of the Beach Committee. The said Committee may from time to time change the location of the surfing areas, designate the hours of use of said area and adopt such other regulations for the management thereof as the public welfare may require. Any area designated for surfing purposes shall be so posted. All other beach areas shall be posted with signs indicating that surfing is prohibited, except in those areas specifically designated for that purpose.
G. 
Conduct or engage in any beach party, picnic or similar outing, take any alcoholic beverage upon said places of resort, take or consume any food or beverage in said places of resort, other than nonalcoholic beverages in cans or plastic containers, nor take an hibachi or any other portable cooking device upon said places of resort.
H. 
Take or permit an animal, as defined in Chapter 6, Animals, on said places of resort. An animal may be taken or permitted to be on the municipal boardwalk at all times other than the usual bathing season as established pursuant to § 7-9B of this chapter, provided that the animal is secured by a leash or lead maintained by the owner or custodian of the animal.
I. 
Go into or remain in the water at any beach:
(1) 
When it is unsafe to do so.
(2) 
When directed by any lifeguard or police officer to stay out of said water.
(3) 
When intoxicated.
J. 
Refuse or neglect to obey the orders and direction of any lifeguard or police officer as to time, place and distance for bathing or any provision of this chapter.
K. 
Interfere with or obstruct any police officer or lifeguard in the performance of his/her duties.
L. 
Molest or disturb any person in the peaceful enjoyment of said places of resort.
M. 
Do anything which shall endanger the life or safety of himself, herself or any other person.
N. 
Dump or throw garbage or other refuse in the water or on the sand at any beach.
O. 
Operate a motor vehicle on any public boardwalk at any time, except for Borough employees when necessary for completion of their duties.
P. 
Operate any type of motor vehicle, motor-driven vehicle or motor-assisted vehicle on the municipal beach from May 1 through and including September 15 and on Saturday or Sunday from September 16 through and including September 30. The “municipal beach” shall be defined as all lands east of the municipal boardwalk and west of the low water mark of the Atlantic Ocean.
(1) 
No person shall take, ride or operate any type of motor vehicle, motor-driven vehicle or motor-assisted vehicle upon the municipal beach without a valid vehicle permit issued by the Borough. The “municipal beach” shall be defined as all lands east of the municipal boardwalk and west of the high water mark of the Atlantic Ocean. Under no circumstances shall any person take, ride or operate any type of motor vehicle, motor-driven vehicle or motor-assisted vehicle upon the municipal beach in areas designated as off-limits for public safety purposes as authorized by the Mayor, Borough Council or Chief of Police.
(2) 
Permits shall be issued through the Lavallette Police Department upon an applicant meeting the following conditions. Qualifications for obtaining a vehicle permit shall be as follows:
(a) 
A permit fee of $35 shall be paid to the Borough. The permit shall be valid for the calendar year in which it is issued. The motor vehicle may only be operated on the municipal beach between October 1 and April 30 and on weekdays between September 16 and September 30.
(b) 
An application shall be compiled and filed on forms to be provided by the Police Department, which shall require the applicant to disclose the vehicle license plate number, name and address of the insurance company, owner’s driver’s license number and such other information as may be deemed necessary by the Police Department.
(c) 
A permit shall only be issued for the operation of a four-wheel motor vehicle. No permit shall be issued to any vehicle which is designated or equipped for sleeping or living purposes, which vehicles are commonly referred to as “campers,” “camp trailers,” “camp buses” or “trucks with camper bodies.”
(d) 
The motor vehicle to be registered shall be insured pursuant to the provisions of N.J.S.A. 39:6A-1 et seq. (Compulsory Automobile Liability Insurance -- No-fault Provisions) and N.J.S.A. 39:6B-l et seq. (Compulsory Motor Vehicle Insurance), or comparable insurance provisions if the vehicle is registered in a state or territory other than New Jersey.
(e) 
The motor vehicle shall have a current state registration and display valid license plates.
(f) 
The motor vehicle shall be equipped with a towing chain or device, shovel, tire pump, jack, spare tire, fire extinguisher, flashlight and first aid kit. The vehicle shall be subject to a safety inspection to be conducted by the Lavallette Police Department. The safety inspection shall assure compliance with the provisions of N.J.S.A. 39:3-3 et seq.
(g) 
The permit shall be issued in the name of the owner of the vehicle and shall not be transferable to any other vehicle.
(h) 
The decal or pennit issued by the Borough shall be permanently affixed on the driver’s side rear window. A vehicle which has no driver’s side rear window shall have the sticker permanently affixed to the left rear side of the vehicle body.
(3) 
The following acts shall be prohibited on the municipal beach:
(a) 
Operating a motor vehicle without a valid operator’s permit or vehicle permit issued pursuant to Subsection P(2) above.
(b) 
Operating a motor vehicle in violation of the following acts prohibited by Title 39 of the revised statutes of New Jersey:
[1] 
N.J.S.A. 39:3-10 (drivers’ license required).
[2] 
N.J.S.A. 39:4-49.1 (operating motor vehicle with certain drugs in possession or in motor vehicle).
[3] 
N.J.S.A. 39:4-50 et seq. (operating under influence of liquor or drugs).
[4] 
N.J.S.A. 39:4-52 (racing).
[5] 
N.J.S.A. 39:4-69 (riding on parts not intended for passengers).
[6] 
N.J.S.A. 39:4-96 (reckless driving).
[7] 
N.J.S.A. 39:4-97 (careless driving).
(c) 
Operating a motor vehicle at a speed in excess of 10 miles per hour.
(d) 
Operating a motor vehicle from May 1 through and including September 15 and on Saturday or Sunday from September 16 through and including September 30.
(e) 
Entering or exiting the municipal beach from any point within the Borough other than the easterly terminus of Dover, Ortley and Philadelphia Avenue.
(f) 
Permitting disabled motor vehicle to remain on the municipal beach for a period in excess of 24 hours. The owner or operator of any disabled motor vehicle shall be required to notify the Police Department that the vehicle is disabled and provide such information as may be deemed necessary by the Police Department. Such notification shall be made to the Police Department within two hours of the vehicle being disabled.
(g) 
Standing in an area or part of the vehicle intended to be occupied for seating or passenger purposes or in any other area of the motor vehicle.
(h) 
Sleeping or camping.
(i) 
Depositing litter or wastes of any type, including, but not limited to, human, animal, vegetable, mineral, organic or inorganic matter.
(j) 
Causing damage to public or private property.
(k) 
Causing damage to dune grass or similar vegetation.
(l) 
Failing to give pedestrians or bathers the right-of-way.
Q. 
Take or ride any bicycle upon the boardwalk fronting on the Atlantic Ocean, except during those hours designated for that purpose by the Mayor and Council of the Borough of Lavallette, except for Borough employees where necessary for the completion of their duties.
R. 
Take, possess, use, operate or ride any motorized bicycle, moped, skateboard, roller skates, in-line skates, scooters or motorized scooters upon the boardwalk abutting the lands owned by the Borough of Lavallette fronting on the Atlantic Ocean.
S. 
Beach, place or store, whether temporarily or permanently, any boat on the municipally owned bayfront without payment of the fee set forth in § 7-9A(8) of this article.
T. 
Launch, beach, place or store, whether temporarily or permanently, or bring any motorized vessel or personal watereraft onto the ocean or bay beaches, except at launching ramps designated by the municipality.
U. 
Take, permit or possess a closed container, cooler, thermos bottle or any similar container, bottle or object on said places of resort, unless such person shall allow an authorized agent or representative of the municipality to inspect the contents of such container, cooler, bottle or object. It is the intention of this provision to allow an agent or representative of the municipality to inspect the contents of such containers so that the provisions of Subsection G may be enforced at places of resort. Signs informing beach patrons of the inspection requirement and the option to not bring such container, cooler, bottle or object on said places of resort shall be posted at the entrances to such places of resort.
V. 
Place, carry, transport or store, whether temporarily or permanently, any container containing gasoline on the ocean beaches, bay beaches or the municipal ballfield known as “Chandler Field” located at the intersection of Baltimore and Jersey City Avenues. No vehicle, vessel, personal watercraft or other machinery which requires gasoline to operate shall be permitted to be refueled at any places of resort at any time.

§ 7-12 Ingress to and egress from private property on Ocean Avenue.

Nothing contained in this article shall in any way be construed to interfere with the rights of ingress and egress of any person desiring to use so-called Ocean Avenue in going to and from any private property fronting on Ocean Avenue to a public street running perpendicular thereto to the immediate north or south of such private property.

§ 7-13 Interpretation of use of Ocean Avenue.

Nothing herein contained shall be construed to effect a dedication of the lands referred to herein as “Ocean Avenue” as a public highway or for any use contrary to or different from the municipal use heretofore made thereof.

§ 7-14 Season hours.

The places of resort designated in § 7-1 shall be kept open at such times as shall be established annually by resolution of the governing body.

§ 7-15 Violations and penalties.

A. 
Any person, firm or corporation that shall be convicted of a violation of a provision of this article shall, upon conviction whereof by any court authorized by law to hear and determine the matter, be subject to a fine of no less than $100 and no more than $1,000, imprisonment not to exceed 90 days or community service of not more than 90 days, or any combination of fine, imprisonment and community service, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.
B. 
In addition to the above penalty, any person operating a motor vehicle in violation of the rules and regulations applying to the operation of motor vehicles on the municipal beach shall be subject to suspension or revocation of the operator's permit issued by the Borough. For the first offense, an operator's permit shall be suspended for 30 days. The second offense will cause the revocation of the operator's permit.
C. 
The person to whom an operator's permit is issued shall be required to produce the operator's permit to the Municipal Court Clerk at the time of hearing on a complaint under this article or upon entry of any guilty plea. This shall be required in order to facilitate the suspension or revocation of the operator's permit as herein provided.
D. 
The Lavallette Police Department and/or its authorized agents shall have the authority to impound any motor vehicle, motor-driven vehicle or motor-assisted vehicle operated in violation of any regulation established for the operation of motor vehicles on the municipal beach.

§ 7-16 Beach hours.

No person, other than one actually engaged in fishing, shall be upon any municipal beach at any time between the hours of 12:00 midnight and 5:00 a.m. of any day.

§ 7-17 Bathing after dark prohibited.

No person shall bathe or swim at any municipal bathing beach at any time during the hours of darkness on any day.

§ 7-18 Municipal parking lot hours.

A. 
The Municipal Parking Lots of the Borough of Lavallette are designated and defined in § 89-11 of Chapter 89, Vehicles and Traffic.
B. 
No motor vehicle or any other vehicle shall park or be permitted to remain parked, in any municipal parking lot between the hours of 4:00 a.m. and 5:00 a.m.

§ 7-19 Violations and penalties.

Any person, firm or corporation that shall be convicted of a violation of a provision of this article shall, upon conviction whereof by any court authorized by law to hear and determine the matter, be subject to a fine of no less than $100 and no more than $1,000, imprisonment not to exceed 90 days or community service of not more than 90 days, or any combination of fine, imprisonment and community service, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.