[HISTORY: Adopted by the Board of Commissioners
(now City Council) of the City of Brigantine 11-6-2019 by Ord. No. 19-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 105,
Beaches and Recreational Facilities, which consisted of Art. I, Dogs
on Beaches, adopted 7-18-1956 by Ord. No. 13-1956, as amended; Art.
II, Beach Patrol Uniforms, adopted 6-15-1960 by Ord. No. 7-1960, as
amended; Art III, Surfing, adopted 7-2-1969 by Ord. No. 7-1969, as
amended; Art. IV, Use of Beaches, adopted 1-7-1976 by Ord. No. 22-1975,
as amended; Art. V Automobiles and Other Vehicles, adopted 11-3-1982
by Ord. No. 29-1982, as amended; Art. VI, Horses, adopted 3-7-2007
by Ord. No. 6-2007, as amended; and Art. VII, Sale of Ice Cream on
Beaches, adopted 6-20-2012 by Ord. No. 18-2012, as amended.
The City of Brigantine hereby establishes paid municipal beaches
and recreational areas for the public health, recreation and entertainment
of the general public. The paid municipal beaches and recreational
areas shall consist of the municipal beaches, the Cove Recreation
Area, the Bayfront Municipal Swim Area, the South Brigantine Jetty
and the Seawall. For purposes of this chapter, these areas are collectively
referred to as the municipal beaches and recreational areas.
A.
Safeguards, equipment and faculties. The City shall acquire, construct,
use and maintain safeguards, equipment and facilities as shall be
necessary in the proper establishment and maintenance of the municipal
beaches and recreational areas for public health, recreation, bathing
and entertainment. The City 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 the general public.
As used in this chapter, the following terms shall have the
meanings indicated:
Shall consist of the municipally owned land identified as
Block 236, Lots 8 and 9 and Block 237 Lot 1 on the municipal tax map
for the City of Brigantine.
A watercraft of twin pontoon construction, propelled wholly
by sails. The sailboat may not be either temporarily or permanently
equipped with machinery for propulsion and shall not exceed 18 feet
in length.
Shall consist of Block 8429, Lot 1 as depicted on the official
tax map of the City of Brigantine and include all beach, sand, dunes,
marsh and grass areas and the waters adjacent thereto.
Shall consist of all sand, dunes, marsh and grass areas seaward
from the landward side of any vegetation line or man-made structure,
from the North Brigantine Natural Area to the South Brigantine Jetty,
to the mean high tide water line and the waters adjacent thereto.
A power vessel defined as a Class "A" vessel by the United
States Coast Guard, and which is designed to be operated from a sitting,
standing or kneeling positions; equipped with an internal combustion
engine which powers a water jet pump; and cannot be operated in a
manner so as to disengage the pump so as to prevent the vessel from
making headway. Personal watercrafts are commonly referred to by such
registered trade names as jet ski, skidoo and wave runner.
The man-made structure running parallel to the mean high
tide water line and extending from 9th Street North to 15th Street
North
A.
Beach tags required. No person 12 years of age or over shall bathe at, use or otherwise enter upon the municipal beaches or recreational areas set forth in § 105-1, without having first acquired and then having in his or her possession a proper and effective beach tag, which shall be worn conspicuously by the person during said use, so that it shall be visible at all times and shall be exhibited on demand to a beach tag inspector, lifeguard, police officer or other duly authorized representative of the City of Brigantine.
B.
Dates and times beach tags required. Unless otherwise designated
by resolution of City Council, beach tags shall be required from June
1 through Labor Day, between the hours of 10:00 a.m. and 5:30 p.m.,
prevailing time.
C.
Regulations for beach tags. The following rules and regulations are
hereby established, and it shall be unlawful to violate any of the
rules and regulations or those subsequently adopted resolutions, during
the bathing season or at other times if specifically provided for:
(1)
No privilege, right, badge, permit or other evidence to use the beaches of the City, issued to or to be issued upon payment of any of the fees provided for by this chapter, shall be sold, leased or otherwise transferred to any person or entity by anyone other than the City or its duly authorized representatives. However, daily beach tags as provided for in § 105-3D(5) may be transferred from person to person, provided no special or separate charge is made for such transfer or use. Specifically, the City or its duly authorized representatives shall be the sole and exclusive vendor and/or lessor of the privileges, rights, badges or permits, as it is hereby deemed unlawful for any person or entity to purchase or lease the badges from anyone other than the City or its duly authorized representatives.
(2)
The counterfeiting, copying, duplication or other reproduction of
the beach badges or permits issued by the City by anyone other than
the City or its authorized representatives is hereby prohibited.
(3)
The possession of counterfeit and/or fraudulently obtained badges
or permits is hereby prohibited.
D.
Beach fees and charges: fee exemptions. In order to provide the necessary
funds to protect, guard, clean, police, maintain, and otherwise manage
the beaches of the City, the following fees shall be charged:
(1)
No fees shall be charged or collected from any person under the age
of 12 years.
(2)
The applicable fee per person, per season, for seasonal beach tags purchased prior to May 1 of the bathing season is set forth in § 210-37, Fees enumerated, of the City Code of the City of Brigantine.
(3)
The applicable fee per person, per season, for a senior citizen's beach tag, which is available to individuals age 60 to 64, purchased prior to May 1 of the bathing season is set forth in § 210-37, Fees enumerated, of the City Code of the City of Brigantine.
(4)
The applicable fee per person, per season, for seasonal beach tags purchased on or after May 1 of the bathing season is set forth in § 210-37, Fees enumerated, of the City Code of the City of Brigantine.
(5)
The applicable fee per person for any day or fractional part thereof is set forth in § 210-37, Fees enumerated, of the City Code of the City of Brigantine. A daily badge shall be valid from 10:00 a.m. until 5:30 p.m. on the date of purchase. No daily badge may be used for any day other than the date purchased.
(6)
The applicable fee per person for any week or fractional part thereof is set forth in § 210-37, Fees enumerated, of the City Code of the City of Brigantine. A weekly badge shall be valid from 10:00 a.m. Saturday until 5:30 p.m. of the following Friday.
(7)
No fee shall be charged or collected from any person age 65 or older
or to any person who meets the disability criteria for disability
benefits under Title II of the Federal Social Security Act.
(8)
No fee shall be charged or collected from persons in active military
service in any of the Armed Forces of the United States. An active
military service member may obtain three additional beach tags at
no cost for his or her spouse or dependent children over the age of
12 years residing in the residence of the individual in active military
service.
(9)
No fees shall be charged to those persons who have served in any
of the Armed Forces of the United States and who were honorably discharged.
E.
Records and verification for fee exemptions. As required by law, the City shall maintain a list of all individuals to whom beach tags are issued pursuant to § 105-3D(7), (8) and (9) above, including the names of all individuals and, as applicable hereunder, their family members who qualify for the beach fee exemption. The City Manager shall also establish procedures for verifying that individuals and, as applicable hereunder, their family members who qualify for the beach fee exemption present appropriate credentials demonstrating entitlement to the exemption.
A.
General regulations for municipal beaches and recreational area permits.
(1)
Application for permit. Unless otherwise provided, every applicant
for a permit under this chapter shall provide such information as
is required to process the application, on a form provided by the
City of Brigantine. At the time of filing the application, the applicant
shall provide proof of insurance, and agree to indemnify and hold
the City harmless, as provided for herein. Copies of the hold-harmless
and indemnity agreement, along with a copy of the applicant's insurance
certificate, shall be kept with the applicant's application through
the entire year in which the permit is effective. Failure to provide
either document will result in the permit application being denied.
(a)
Insurance. The applicant shall provide, unless otherwise provided
for in this chapter, a certificate of insurance in the amount of $500,000
liability coverage, (single limit bodily injury and property damage).
(b)
Indemnification and hold harmless. The applicant shall agree
to hold the City of Brigantine harmless and to indemnify and defend
the City of Brigantine for all claims, losses, expenses, damages,
suits or any other costs incurred by the City of Brigantine arising
out of the applicant's use of the permit.
(2)
Fees. In order to offset the costs associated with the permitting and inspection, the fees set forth in § 210-37, Fees enumerated, of the City Code of the City of Brigantine shall apply.
(3)
Nontransferable. Permits are nonassignable and nontransferable.
(4)
Suspension and revocation. Any permit granted under this chapter
shall be subject to the terms, conditions, rules and regulations relating
to such use and permission. The holder of any permit shall be governed
by the terms, conditions, rules and regulations; and any holder shall
not acquire any right or title, but shall hold a mere permit or permission
which is subject to revocation without notice in the event of a violation
of any of the terms, conditions, rules or regulations. The City Manager
or his/her designee shall be and is hereby empowered to suspend and/or
revoke the use of any such permit. No fee, charge or other sum paid
for any such permit or permission shall be returnable in the event
of revocation.
(5)
Exceptions. The provisions of this section shall not apply to City
employees who may be required to enter upon the beaches in the performance
of their municipal duties or functions or to any governmental agency,
its employees, agents, contractors and subcontractors who may be engaged
in beach restorations or protection work.
B.
Automobile permits.
(1)
Four-wheel drive permit. No person shall operate a motor vehicle
upon or within the municipal beaches and recreational areas without
first obtaining a permit in accordance with this chapter. Permits
shall only be issued for trucks, sport-utility vehicles (SUV) and
crossover utility vehicles (CUV) with four-wheel drive capability,
which have passed inspection by the Motor Vehicle Commission of the
State of New Jersey for the current year or by the equivalent department
or agency of the state in which the vehicle is permitted, and which
have registration and insurance for that specific vehicle. Fleet or
"dealer" registrations and insurance will not be accepted. No permit
shall be issued to all-terrain vehicles (ATV), side by side (SxS)
vehicles, low-speed vehicles (LSV), utility task vehicles (UTV) or
motorcycles, and operation of such within the municipal beaches and
recreational areas is prohibited.
[Amended 8-18-2021 by Ord. No. 17-2021; 8-17-2022 by Ord. No. 12-2022]
(2)
Inspection. In addition to the requirements of § 105-4A, General regulations for municipal beaches and recreational area permits, prior to the granting of a four-wheel drive permit an applicant shall present the vehicle for inspection on request at the Brigantine Fire House, 1417 West Brigantine Avenue, Brigantine, New Jersey, or such other location as may be designated during normal City Hall working hours.
(3)
Equipment required. Each vehicle to which a permit is to be issued
shall be in good working order and carry equipment consisting of a
first aid kit, shovel, tow chain or equivalent, road flares, Coast
Guard or I.C.C. approved fire extinguisher, jack with a large support
board (minimum of 12 inches by 12 inches), flashlight and inflated
spare tire.
(a)
The applicant shall agree in writing at the time of submitting
an application to have the aforementioned required equipment maintained
in their vehicle while operating the permitted vehicle upon the municipal
beaches or recreational areas. The applicant also consents to allow
spot inspections by the Brigantine Police Department and/or the Brigantine
Beach Patrol while operating the permitted vehicle upon the municipal
beaches or recreational areas.
(4)
Area authorized for permitted four-wheel drive use. The operation
of permitted vehicles upon the municipal beaches or recreational areas
shall be limited to the following areas:
(5)
Rules and regulations. The following rules and regulations shall
be observed concerning the operation of four-wheel drive vehicles
upon the municipal beaches or recreational areas:
(a)
To operate a permitted vehicle in an area of the upon the municipal beaches or recreational areas not provided for in § 105-4B(4).
(b)
To operate a permitted vehicle upon the municipal beaches or recreational areas without the equipment required in § 105-4B(3).
(c)
To operate a permitted vehicle upon the municipal beaches or
recreational areas at a speed in excess of 15 miles per hour.
(d)
To fail to enter or exit from a location or locations designated
by the City Council.
(e)
To operate a permitted vehicle over private property without
the permission of the owner of the property.
(f)
To remove or fail to permanently affixed the permit to the lower
right corner of the rear window of the permitted vehicle. Said permit
must be affixed in a manner so the same may not be removed.
(6)
Donated permits for active members of military.
(a)
Each year, the City of Brigantine, in its discretion, may donate
five permits each to the Brigantine VFW, Brigantine Elks Lodge and
American Legion. Said permits shall be transferable from vehicle to
vehicle; however, the same may only be used by individuals or active
members of the United States military. The permits may only be placed
on vehicles which are owned by the individual who is an active member
of the military or a spouse residing in the same residence as the
active military member. For the purpose of this subsection, a person
shall be considered in active military service only if:
(b)
For the purpose of this subsection, initial active duty training
means basic military training, for the 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.
(c)
The permits are strictly prohibited from being used by anyone
who is not an active member of the military service or his/her spouse
and are only authorized for use on a vehicle owned by said member
of the active military service or his/her spouse.
(7)
Permit expiration. Permits shall be for a period not to exceed one
calendar year, expiring each year on December 31.
C.
Catamaran permit.
(1)
Catamaran permit. Permits shall only be issued for catamarans, which
comply with federal and state laws concerning the regulations, licensing
and operation of vessels and watercrafts.
(2)
Area authorized for permitted catamaran use. The use and storage
of catamarans upon the municipal beaches or recreational areas shall
be limited to Club Drive.
(3)
Storage and use rules and regulations. The following rules and regulations
shall be observed concerning the use of catamarans upon the municipal
beaches or recreational areas:
(a)
Permit numbers and decals shall be permanently affixed to the
catamaran.
(b)
Catamarans shall not be operated upon the municipal beaches
or recreational areas outside of Club Drive.
(c)
Dolly wheels, if used, shall not be stored at the water's edge,
but must be kept a safe distance therefrom or in an area to be designated
by the Beach Patrol.
(d)
Trailers shall not be stored on the beach nor in the streets
adjacent to beach access.
(e)
The Beach Patrol retains the right to control the use of any
catamaran in the interest of public safety. Boats may not be operated
in the vicinity of bathers.
(f)
Catamarans shall be equipped with righting lines, Coast Guard
approved lifesaving gear and proper rigging.
(g)
The City may order the removal of any catamaran not complying
with any regulation or for the safety of the public.
(4)
Permit expiration. Permits shall be for a period not to exceed one
calendar year, expiring each year on April 30 of the subsequent year.
D.
Personal watercraft permit.
(1)
Personal watercraft permit. Permits shall only be issued for personal
watercrafts, which comply with federal and state laws concerning the
regulations, licensing and operation of vessels and watercrafts.
(2)
Area authorized for permitted personal watercraft use. The use of personal watercrafts upon the municipal beaches or recreational areas shall be limited to the Cove Recreation Area when authorized by the City Manager pursuant to § 105-5G(5)(b).
(3)
Rules and regulations. The following rules and regulations shall
be observed concerning the use of personal watercrafts upon the municipal
beaches or recreational areas:
(a)
The regulations contained in Title 7, Chapter 6 of the New Jersey Administrative Code concerning boating regulations for personal watercraft are hereby made applicable.
(b)
The operator of a personal watercraft equipped with a lanyard
cutoff switch shall wear the safety switch lanyard at all times when
the personal watercraft is in operation upon any of the waters of
the municipal beach and recreational areas.
(c)
The operator of a personal watercraft launching from or landing
shall maintain a speed no faster than that which is necessary to safely
navigate the surf until clear of the surf.
(4)
Permit expiration. Permits shall be for a period not to exceed one
calendar year, expiring each year on December 31.
E.
Ice cream vendor permit.
(1)
Ice cream vendor permit. Permits shall only be issued to:
(2)
Advertising prohibited. A successful bidder or anyone acting on its
behalf shall be prohibited from having any flag, banner, advertising,
pinwheel, or other similar device or display on any box, container
or equipment used to carry or transport the ice cream product to be
sold. Notwithstanding this section, the display of a small American
flag is permissible.
(3)
Transporting of ice cream. The carrying and transporting of ice cream
products pursuant to this chapter is only permissible by:
(a)
An insulated metal box with shoulder straps that is uniform
in color; or
(b)
A push cart that is uniform in color, has four wheels, is made
of PVC pipe and has at least one trash receptacle attached thereto
which is capable of holding a sufficient amount of trash and debris
so that no litter results from the sale of ice cream on the beach.
(4)
Hours and dates permitted. Sale of ice cream on the beach shall only
be permitted between the hours of 10:30 a.m. and 5:30 p.m. Sales shall
be permitted from one week prior to Memorial Day until one week after
Labor Day. Sale on the beach is also permitted for a special event
on the beach outside of that time period if approval is received in
advance from the City of Brigantine.
(5)
Zones delineated; one permit per zone. The sale of ice cream on the
beach shall be authorized in a single zone. The established zone shall
be on the beach starting at the northern seawall and proceeding in
a southerly direction to the jetty and then in a westerly direction
to the cove. It is the intention of this section to create a single
zone extending from the northern seawall to the jetty and then to
the Cove Recreational Area.
(6)
Terms and conditions of permit. Any successful bidder must apply
for and receive a permit from the City of Brigantine to sell ice cream
on the beach. Said permit shall be subject to the following terms
and conditions:
(a)
Any person selling ice cream on behalf of a vendor shall be
at least 18 years of age or older.
(b)
All successful bidders must submit an application in a form
as prepared by the City Manager or her designee. The application,
at a minimum, shall include the name of the successful bidder, home
address of the bidder, the listing of each and every employee and
the address of said employee who is going to sell ice cream on the
beach for the bidder. A statement as to whether the bidder or any
employee who is to be acting on behalf of the bidder has been convicted
of a crime, misdemeanor, or violation of any municipal ordinance and
the nature, date, and disposition of said offense, including any punishment
assessed therefor.
(c)
The price bid by the successful bidder.
(d)
A photograph of each person that the successful bidder intends
on employing to sell ice cream on the beach taken within the last
90 days.
(e)
The successful bidder and any employee acting on the successful
bidder's behalf shall submit their fingerprints to the City of Brigantine
Police Department. The State of New Jersey has contracted with a vendor,
Sagem Morpho, Inc., which performs this service. The successful bidder
shall be responsible for ensuring that all individuals who will sell
ice cream on the beach are fingerprinted at Sagem Morpho, Inc., with
said fingerprints being delivered to the City of Brigantine. The charge
for the same shall be the sole responsibility of the successful bidder.
(f)
By submitting said fingerprints, any person authorizes the City
of Brigantine and its police department and Sagem Morpho, Inc., to
run a criminal background history and otherwise investigate each and
every applicant to ensure they have not been convicted of a crime.
No individual shall be authorized or permitted to sell ice cream on
the beach in the City of Brigantine who has a criminal record.
(7)
Prohibited acts. Any successful bidder or employee acting on its
behalf shall be in violation of this chapter if any of the following
occurs:
(a)
Any person selling ice cream on the beach acts in an unprofessional,
discourteous, intimidating or offensive manner to a member of the
general public.
(b)
Any person selling ice cream on the beach pursuant to this chapter
disregards or fails to obey any order or direction given to them by
a member of the Brigantine Police Department or the Brigantine Beach
Patrol.
(c)
Any person selling ice cream on the beach pursuant to this chapter
commits conduct demonstrating a state of moral turpitude.
(d)
Any person selling ice cream on the beach pursuant to this chapter
makes a false or misleading statement or otherwise gives incomplete
or incorrect information during the application process.
(e)
Any person selling ice cream on the beach pursuant to this chapter
violates any of the conditions or requirements of this chapter.
(f)
Any person selling ice cream on the beach pursuant to this chapter
sells any product which is not authorized or sells authorized products
in a location or zone other than the permitted location or zone awarded
to the successful bidder who employs said person.
(g)
Any person selling ice cream on the beach pursuant to this chapter
sells any product for an amount in excess of the price list required
to be submitted to the City of Brigantine pursuant to this chapter.
(h)
Any person selling ice cream on the beach pursuant to this chapter
improperly disposes of debris, boxes or otherwise causes trash or
litter to be disbursed or accumulate on the beaches of the City of
Brigantine.
(i)
Any successful bidder uses an employee who has not been authorized
and submitted as part of the application or who is otherwise ineligible
pursuant to this chapter to sell ice cream on the beach.
(j)
Any successful bidder neglects to attempt to first hire any
veteran that holds a certificate pursuant to N.J.S.A. 45:24-9.
(8)
Dress code. All individuals selling ice cream along the beach in
the City of Brigantine are required to appear in a neat and clean
manner and must wear a shirt at all times. Shirts with the name of
the business entity for which the employee is working are encouraged.
(9)
Use of bells, whistles, sirens and the like prohibited. No individual
selling ice cream on the beach in the City of Brigantine may use any
bell, whistle, horn, loud speaker, cymbal, siren or other such means
of drawing attention or promoting sales to said individual. Hawking
in a reasonable tone is permissible.
(10)
Compliance with laws, rules and regulations: inspections. Any
successful bidder or employee acting on its behalf must comply with
all federal, state and local laws, rules, regulations and ordinances,
including any requirements of the Atlantic County Department of Health
or other health department with jurisdiction. Any successful bidder
or employee acting on its behalf is subject, without notice, to inspection
of its product and equipment at any time by any state, county or municipal
official.
(11)
Maintenance of equipment. All equipment used by any individual
to sell ice cream on the beach in the City of Brigantine shall be
maintained in a clean, neat and sanitary manner.
(12)
Photo identification badge required: display of price list.
Every person selling ice cream on the beach pursuant to this chapter
must wear a photo identification badge which at a minimum contains
his/her picture, name and the company he/she is employed by. The picture
and lettering must be large enough so that the same can be read from
a distance of three feet. Additionally, there should be a prominent
display of a price list setting forth the price of the items being
sold by any individual selling ice cream on the beach pursuant to
this chapter.
(13)
Restocking of product. No restocking of ice cream product may
occur on the beach in the City of Brigantine. To restock any product,
the individual must leave the beach. No restocking may occur which
would require a truck or other vehicle to be parked illegally in any
street or parking lot located within the City of Brigantine. Any building,
freezer, or other structure used to store ice cream products which
are to be sold pursuant to this chapter, if located within the boundaries
of the City of Brigantine, must be in conformity with the requirements
of the Municipal Land Use Ordinance[2] of the City of Brigantine and with all national building
codes and subcodes adopted and in use within the City of Brigantine.
F.
Special event permits.
(1)
A special permit for group or special events held upon the municipal
beaches or recreational areas, which are otherwise prohibited under
this chapter, may be obtained by filing an application with the City
of Brigantine in accordance with this subsection.
(2)
Special event permit application procedures. A person seeking issuance
of a special permit shall file an application with the City Clerk
stating:
(a)
The name and address of the applicant;
(b)
The name and address of the person, persons, corporation, or
association sponsoring the activity, if any;
(c)
The day and hours for which the permit is desired;
(d)
The park or portion thereof for which such permit is desired;
(e)
An estimate of the anticipated attendance; and
(f)
Any other information which the City shall find reasonably necessary
to a fair determination as to whether a permit should be issued hereunder.
(3)
Standards for issuance of a use permit by the City shall include
the following findings:
(a)
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park;
(b)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation;
(c)
That the proposed activity or uses that are reasonably anticipated
will not include violence, crime or disorderly conduct;
(d)
That the proposed activity will not entail, extraordinary or
burdensome expense or police operation by the City;
(e)
That the facilities desired have not been reserved for other
use at the date and hour requested in the application; and
(f)
A permittee shall be bound by all park rules and regulations
and all applicable ordinances fully as though the same were inserted
in said permits.
(4)
The person or persons to whom the permit is issued shall be liable
for all loss, damage, or injury sustained by any person whatever by
reason of the negligence of the person or persons to whom such permit
shall have been issued. The City shall have the right to require any
permittee to submit evidence of liability insurance covering injuries
to members of the general public arising out of such permitted activities
in such amounts as may be from time to time determined by the City
prior to the commencement of any activity or issuance of any permit.
G.
Appeal. Within five business days after the receipt of an application, the City Manager shall notify an applicant, in writing, of the decision to grant or deny a permit. Any aggrieved person shall have the right to appeal to the City Council by service of a written notice thereof on the City Manager and the City Clerk within five days of said notice. The City Manager shall then immediately forward the application and the reasons for its refusal to the City Council, who shall consider the application under the standards set forth under § 105-4F. The appeal shall be considered by the City Council not later than the second regular meeting following the filing of the appeal. The decision of the City Council shall be final.
A.
The Mayor and Council are hereby authorized and empowered to:
(1)
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 municipal beaches and recreational
areas.
(2)
Determine and establish by resolution the period during each year
when each of the paid bathing beaches shall be opened and closed.
B.
The City Manager, with the advice of the Chiefs of the Beach Patrol
and/or Police Department, is hereby authorized and empowered to:
(1)
Swimming and surfing areas designation. Designate the protected bathing
and surfing areas within municipal beaches or recreational areas where
lifeguards are to be provided by the City and from which beaches persons
may bathe and swim.
(2)
Restrictions and limitations on access. The City of Brigantine may
close, restrict and/or limit access to the municipal beaches or recreational
areas. The authority to restrict and/or limit access shall be within
the sole discretion of the City Manager or his/her designee. A decision
by the City Manager to restrict and/or limit access may be based upon,
but not limited to, a concern for the health, safety and welfare of
individuals accessing and/or using the municipal beaches or recreational
areas. In exercising this authority, the City Manager may consult
with federal, state, county and municipal officials, including the
Chief of Police, the Chief of the Beach Patrol and the Mayor of the
City of Brigantine.
(a)
Any restriction and/or limitation placed upon access and use
of the municipal beaches or recreational areas shall be of such limited
scope and duration as is required in the opinion of the City Manager
to address the issue(s) or concern(s) that gave rise to the restriction
and/or limitation. Once the issue(s) or concern(s) have subsided,
any restriction and/or limitation shall be lifted.
(b)
No individual shall be entitled to a refund or compensation
for the purchase of a beach badge or vehicle permit as the result
of a decision to restrict and/or limit access to the Cove Recreation
Area.
(3)
Modification of operating hours. Modify the hours of operation for
any Municipal Beach or Recreational Area.
C.
Beach badges required. In order to provide the necessary funds to improve, maintain and police the municipal beaches and recreational areas, all individuals, unless specifically exempted, are required to comply with § 105-3, Beach tags, in accordance with the Code of the City of Brigantine.
D.
Municipal beaches and recreational areas operating hours. Unless
provided for otherwise in this chapter, including a decision by the
City Manager to extend the hours or close prohibit access, the daily
operating hours of all municipal beaches and recreational areas shall
be from 10:00 a.m. to 5:30 p.m. daily.
E.
Municipal beaches and recreational areas rules and regulations. It
shall be unlawful to violate any of the following rules and regulations,
or those subsequently adopted by resolutions, within the municipal
beaches and recreational areas:
(1)
To throw, bat or catch a baseball, football, basketball, softball
or engage in the playing of any game endangering the health and safety
of others on the beach except in areas specifically designated for
said activities.
(2)
To swim or bathe beyond a safe depth as determined or regulated by
the lifeguards of the City of Brigantine.
(3)
To use a life belt, surfboard, canoe, boat, raft, water wings, inner
tube or any floating or inflated object or device of any kind or description
in the bathing area adjacent to the beach except in such areas designated
by the Beach Patrol Chief for the use of such devices.
(4)
To use a surfboard, without a leash attached thereto, in the water
off the beach; to use a kayak, in the waters off the beach, without
wearing a life jacket.
(5)
To throw, place, deposit or leave any bottles, glass, crockery, sharp
or pointed article or thing, paper, refuse or debris of any kind in
any area except in proper receptacles.
(6)
To fail to immediately obey all orders, directions, whistles or other
signals used by the City lifeguards and/or police.
(7)
To possess, actual or constructive, transport or consume alcoholic
beverages.
(8)
To climb upon or stand on the railings, fences or benches so as to
cause or be likely to cause damage to the same on the beach or approaches
thereto or tamper with or handle the lifeguards' boats or other equipment
used by them.
(9)
To 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.
(10)
To 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.
(11)
To act in a loud, indecent, obscene, offensive or lascivious
manner within said defined areas.
(12)
To dress, undress or change clothing for bathing or other purpose
in any passenger automobile, bus, truck or vehicle of any kind, regardless
of whether the doing thereof is in public view or can be seen by any
other person or persons.
(13)
To sleep during anytime between sunset and sunrise.
(15)
To fail to keep any dog or other animal on a leash.
(16)
To operate any personal watercraft, motorboat, catamaran or
sailboat, within 100 feet of the shoreline and within 100 feet of
any person in the water. This provision shall not apply to personal
watercrafts or motorboats operated by City, state or federal officials
in the course of official business or those experiencing an emergency
requiring the immediate grounding of a vessel to obtain emergency
services or as a result of the vessel's malfunction rendering it inoperative.
(17)
To launch, moor, ground or abandon any motorboat, personal watercraft,
sailboat or catamaran. This provision shall not apply to personal
watercrafts or motorboats operated by City, state or federal officials
in the course of official business or those experiencing an emergency
requiring the immediate grounding of a vessel to obtain emergency
services or as a result of the vessel's malfunction rendering it inoperative.
(18)
To use a motorboat, personal watercraft, sailboat or catamaran
to ride waves within the waters adjacent to the municipal beaches
and recreational areas.
(19)
To impersonate a lifeguard of the City of Brigantine.
(20)
To use; enter upon; possess, wander; or loiter upon any public,
quasipublic or private property adjacent to or upon the beach in a
manner not authorized by the owner thereof or in a manner likely to
interfere with the owner's use thereof or, in the case of public or
quasipublic property, likely to interfere with the reasonable use
thereof by others.
(21)
To bring a cooler larger than 24 inches in width, or length,
or height and/or has a capacity greater than 36 quarts.
(a)
The prohibition of this subsection shall not apply to any container
that has been inspected by a representative of the City to inspect
the contents of such container, cooler, 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 to ensure the general
health, safety and welfare of individuals accessing and enjoying the
municipal beaches and recreational areas. Signs informing beach patrons
of the inspection requirement and the option to not bring such container
or cooler onto or in municipal beach or recreational areas shall be
posted at the entrances.
(22)
To set-up or otherwise establish a canopy on the beach except in either the front or back of a vehicle permitted pursuant to § 105-4A. No canopies shall be placed on the side of the vehicles nor shall they be placed in such a manner as to reserve a space or spot on the beach for another permitted vehicle. Upon the request of a lifeguard or police officer, canopies otherwise in compliance with this section, shall immediately be removed from the beach for the purposes of public health, safety and welfare.
(23)
To smoke or burn a lighted cigar, cigarette or pipe, including
any handheld electronic device which vaporizes a liquid (e.g., e-cigarettes,
e-cigs, electronic nicotine delivery systems, electronic nonnicotine
delivery systems, personal vaporizers, PVs), or any other matter or
substance which contains tobacco.
(24)
To drive a motorcycle, or any motor operated or horse drawn vehicle or to ride a horse upon the beach or approaches thereto without first obtaining a permit as provided for in § 105-4. This provision shall not apply to City-owned vehicles in the course of public needs or requirements.
(25)
To operating a bicycle upon the beach or approaches thereto
while lifeguards are on duty.
(26)
To bring, permit to be brought, or to use any catamaran without first obtaining a permit as provided for in § 105-4B(3).
(27)
To enter, remain in, fail or refuse to depart from once leave
the closed Cove Recreation Area or any portion thereof while such
restriction is in effect.
(28)
To fish, cast, crab or other activities of similar nature. This
provision shall not apply to the municipal beach from Sandy Lane (off
Harbor Beach Boulevard) south to the Southern Brigantine Jetty and
areas as may be determined, from time to time, by the Chief of the
Beach Patrol.
(29)
To enter upon or traverse the sand dunes.
(30)
To conduct any commercial activity or business, unless specifically
authorized to do so by City Council, or unless permitted to do so
by the City of Brigantine. 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.
F.
Seawall regulations. Rules and regulations for use of the seawall. In addition to the rules and regulations enumerated in § 105-5E, the following rules and regulations are hereby established, and it shall be unlawful to violate any of said rules and regulations at any on the seawall/promenade of the City of Brigantine:
(1)
To use or operate any bicycle, unicycle, moped, go-ped, scooter,
skateboard, rollerskate or rollerblade or any other mechanical item
or vehicle used for transportation whether powered by motor or otherwise.
However, nothing herein shall be interpreted so as to prohibit any
wheelchairs motorized or otherwise, or other similar device used to
assist any individual with a physical disability.
(2)
Fishing, casting, crabbing or other activities of similar nature.
(3)
The consumption of alcoholic beverages.
(4)
The walking of any dog, cat or other pet or animal of any kind.
(5)
Undressing or disrobing in any manner.
(6)
Sleeping.
(7)
Picnicking or specifically transporting and using any cooler, box,
basket, bag or tub which contains food, beverage or both and the consumption
of such food, beverage or both therefrom.
(8)
The throwing of any ball, frisbee or other such items designed for
a game or sporting activity or the flying of any kite.
(9)
The placement of any glass, bottle, trash or debris of any kind.
(10)
The hawking or peddling or sale of any goods, articles, wares
or other merchandise.
G.
Cove recreation area.
(1)
Hours. The Cove Recreation Area shall be open daily during the summer season from dawn until dusk, unless access is limited by the City Manager or his/her designee pursuant to § 105-5B(2) of this chapter.
(2)
Access to the cove recreation area. Any individual upon the Cove Recreation Area, which includes the water adjacent thereto, is required to comply with the provisions § 105-3, Beach tags, of this chapter. This requirement shall apply to all individuals, regardless of the manner in which the individual accesses the Cover Recreation Area, including but not limited to by vehicle, jet ski or motorboat.
(3)
Cove recreation area rules and regulations. The rules and regulation enumerated in § 105-5E, unless otherwise provided for herein, are applicable to the Cove Recreation Area as if fully set forth herein.
(4)
Four-wheel drive vehicle use in the cove recreation area.
(a)
Vehicles accessing the Cove Recreation Area shall enter and
exit at the designated beach gateway at the end of Lagoon Boulevard.
(b)
Vehicles must be removed from the Cove Recreation Area prior to closing as provided for in § 105-5E(5) of this chapter.
(c)
Vehicles shall not stand, park or loiter at the end of Lagoon
Boulevard in anticipation of the Cove Recreation Area opening.
(d)
In addition to all of the other rules and regulations contained in § 105-4B, which are hereby made applicable to the Cove Recreation Area by reference, all persons operating motor vehicles in the Cove Recreation Area shall do so only in conformity with the provisions of N.J.S.A. 39:3-3 through 39:3-83.
(5)
Use of motorboats and personal watercrafts in the cove recreation
area.
(a)
Prohibition. The launching, landing, mooring and grounding of
motorboats and personal watercrafts is prohibited within the Cove
Recreation Area, unless authorized by the City Manager.
(b)
The City Manager, with the advice of the Chief of the Beach
Patrol, is hereby authorized and empowered to designate certain areas
of the Cove Recreation Area for the launching and/or landing of motorboats
and/or personal watercrafts.
[Amended 8-18-2021 by Ord. No. 17-2021]
A.
First offense. Any person who has been cited for violation of this
chapter may plead guilty by affidavit through the City of Brigantine
Municipal Court. The fine for a first-time offense is $209. The offending
party may also appear in Municipal Court and plead not guilty to the
citation, and be heard before the Court.
B.
Second and/or subsequent offenses:
(1)
Any subsequent violations or failures to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $1,000, by imprisonment for a term not to exceed
90 days or by community service of not more than 90 days, or any combination
of fine, imprisonment or community service as determined in the discretion
of the Municipal Court Judge.
(2)
Any person found guilty of a second and/or subsequent offense may
be prohibited from accessing municipal beaches or recreational areas
for a one-year period commencing on the date of conviction.
C.
Any beach tag, four-wheel drive permit, catamaran permit or special
event permit hereafter issued may, in addition to the imposition of
any penalties provided hereunder against the responsible individual
or vehicle or catamaran owner, be revoked temporarily by any police
officer, lifeguard or other agent of the City for the refusal or failure
of such person to display such tag or permit or to comply with any
rule or regulation governing the use of the municipal beaches or recreational
areas, to obey the reasonable directions of the officer or employee
charged with the maintenance of good order thereon, for engaging in
any noxious or offensive conduct or language or for other good cause.
