[Adopted 2-21-1974]
[Amended 3-7-1979; 3-18-1981; 3-19-1985; 2-19-1997 by Ord. No. 97-04; 3-2-2005 by Ord. No. 2005-02; 3-11-2009 by Ord. No. 2009-03; 3-19-2014 by Ord. No. 2014-04; 2-17-2016 by Ord. No. 2016-02; 10-20-2021 by Ord. No. 2021-21; 7-6-2022 by Ord. No. 2022-10; 3-15-2023 by Ord. No. 2023-05]
In order to provide the necessary funds to improve,
maintain and police the beaches, the following fees shall be charged
for such facilities:
A.
No fees shall be charged to or collected from any
person under the age of 12 years.
B.
Preseason purchase: $20 per person, per bathing season,
provided that application is made to the proper authorities on or
before the first Friday in the month of June; $5 per person for senior
citizens 65 years of age or older, per bathing season, provided that
application is made to the proper authorities on or before the first
Friday in the month of June. From November 1 to December 31, the Borough
may offer holiday preseason sales of beach tags for the upcoming season,
the fees for such tags to be set by resolution of the governing body.
C.
Daily: $5
per day for any part of a single calendar day. Daily badges will not
carry over to the next calendar day after purchase.
D.
Weekly: $15 per person per week for any week or fractional
part thereof of the bathing season. Weekly badges will be valid from
12:00 noon on Friday until 12:00 noon of the following Friday.
E.
Season: $35 per person, per bathing season; $10 per
person for senior citizens 65 years of age or older, per bathing season.
F.
Persons in active military service. Though such persons are required
to display a badge, no fees shall be charged to or collected from
persons in active military service in any of the Armed Forces of the
United States or to their spouses or dependent children over the age
of 12 years.
G.
Persons who are active members of the New Jersey National Guard.
Though such persons are required to display a badge, no fees shall
be charged to or collected from persons who are active members of
the New Jersey National Guard who have completed initial active duty
training and to their spouses or dependent children over the age of
12 years. As used in this subsection, "initial active duty training"
means basic military training for members of the New Jersey Air National
Guard and basic combat training and advanced individual training for
members of the New Jersey Army National Guard.
H.
Persons who have served in any of the Armed Forces of the United
States and who were discharged or released therefrom under conditions
other than dishonorable and who either have served at least 90 days
in active duty or have been discharged or released from active duty
by reason of a service-incurred injury or disability (veterans). Though
such veterans are required to display a badge, no fees shall be charged
to or collected from such veterans. In order to obtain a badge with
no fee, such veterans shall present to the Beach Supervisor documentation,
consistent with law and the rules and regulations promulgated by the
Adjutant General of the New Jersey Department of Military and Veterans
Affairs, sufficient to establish entitlement to a badge with no fee.
No person 12 years of age or over shall bathe at or otherwise use the beaches set forth in § 61-1 without having first acquired and then having in his or her possession a proper and effective badge, license or permit to use the beaches, which shall be worn conspicuously by such person during said use so that it shall be visible at all times and which shall be exhibited on demand to the Beach Inspector or other duly authorized representative of the Borough of Longport.
The beaches established in § 61-1 shall be kept open and operated during the usual bathing season, which is hereby established as the last Saturday in June until and including the Saturday following Labor Day, and the hours of operation shall be from 10:00 a.m. to 6:00 p.m., prevailing time, except during inclement weather.
The Board of Commissioners is hereby authorized
and empowered to:
A.
Adopt by resolution, in addition to the rules and
regulations herein enumerated, such other rules and regulations as
may be necessary for the proper control and regulation of the beachfront
and the waters adjacent thereto.
B.
Designate by resolution the protected bathing beaches
where boats and lifeguards are to be provided by the Borough and from
which beaches persons may bathe and swim, and to change or abolish
the precise location of any one or more bathing beaches from time
to time as safety and attending circumstances shall require.
C.
Determine and establish by resolution the period during
each year when each of the paid bathing beaches shall be opened and
closed.
D.
Employ inspectors, lifeguards and such other employees
as may be necessary to carry out and enforce the provisions of this
article and all rules and regulations established herein or subsequently
adopted by resolution.
E.
Purchase badges, checks or other insignia and such
other supplies, materials and equipment as may be necessary.
[Amended 5-4-1983]
It shall be unlawful for any person to engage
in any of the following acts or conduct during the bathing season
or at other times if so specified herein:
A.
To bathe or swim from the beachfront except from the
designated bathing beaches where boats and lifeguards are provided,
or to bathe or swim beyond a safe depth in the ocean as from time
to time indicated or regulated by the lifeguards.
B.
To use a surfboard, boat, sailboat, kayak, sailboard
or raft of any kind or description except at locations designated
by lifeguards. Vessels used by the Borough of Longport are exempt
from the foregoing requirements and regulations.
[Amended 5-21-1997 by Ord. No. 97-12]
C.
To engage in surf fishing in the bathing areas during
bathing hours.
D.
To fail to obey immediately all orders, directions,
whistles or other signals used by the lifeguards and police.
E.
Charcoal barbecue grills are prohibited; however, an exception to
the foregoing prohibition may be permitted by the Borough of Longport
pursuant to an adopted resolution permitting charcoal barbecue grills
at certain times and under certain safety, sanitary and other conditions
as may be contained in any such resolution.
[Amended 3-11-2009 by Ord. No. 2009-04; 5-17-2017 by Ord. No. 2017-12]
F.
To change clothes, dress, undress or otherwise to
disrobe, except for the removal of outer wraps.
G.
To sleep on public beaches during any time between 10:00 p.m. and
6:00 a.m.
[Amended 5-17-2017 by Ord. No. 2017-12]
H.
To act in a loud, indecent, obscene or offensive manner.
I.
To behave in a manner as to inconvenience others, or otherwise disrupt
and disturb the public peace and dignity within the beach areas defined.
[Amended 5-17-2017 by Ord. No. 2017-12]
J.
To climb upon, stand on or tamper with or handle the
lifeguard boats or other equipment used by the lifeguards.
K.
To erect a tent or adjacent tents which in total exceed 100 square
feet. The purpose of the size exception is to permit "pop-up" or "cabana"
type tents that fold up and are transported in a carry bag.
[Amended 5-17-2017 by Ord. No. 2017-12]
L.
To throw, place, deposit or leave any bottles, glass, sharp or pointed
articles or things, paper, refuse or debris of any kind on the beaches.
[Amended 5-17-2017 by Ord. No. 2017-12]
M.
To peddle, sell or offer for sale any article, goods, including ice cream, wares or merchandise on the public beaches, except by a vendor holding valid beach vending licenses and except for vending by the Borough of Longport. The Commissioners of the Borough of Longport may issue a vending license under such terms and conditions and under such rules and regulations as may be adopted by resolution. Application for a beach vending license shall be in accordance with Code provision §§ 111-20 through 111-28. Without limitation of the generality of the foregoing, the terms, conditions, rules and regulations may include: 1) designating the portion of Longport beaches subject to vending; 2) length of the vending season; 3) vendor licensing and the length of the license term; 4) products which may be sold and maximum selling prices; 5) number of vending helpers; 6) revocation, renewal and transfer thereof; 7) indemnification of the Borough of Longport; and 8) such other matters as the Board of Commissioners may adopt. The foregoing terms in the singular shall include the plural and vice versa. No property right whatsoever shall accrue to a license holder under any circumstances, and the Borough shall not be under any obligation to issue or renew any beach vending license. A person or entity seeking a beach vending license must first obtain a registration certificate as required by Code provision § 132-1 et seq. Any individual employed by the person or entity awarded a beach vending license to work on the Borough beach is required to undergo a background check as set forth by the Chief of Police.
[Amended 3-27-1996 by Ord. No. 96-02; 6-30-1999 by Ord. No.
10-1999; 11-3-2004 by Ord. No. 2004-28; 2-17-2021 by Ord. No. 2021-02]
N.
To park vehicles, loiter, assemble, band or crowd
together so as to interfere or be likely to interfere with the ingress
and egress of others at the street ends approaching the beaches.
O.
To drive or move any vehicle on the beach at any time
during the entire year without a permit in writing issued by the Chief
of Police.
P.
To bring or permit dogs or other animals on the beachfront
or the waters adjacent thereto or upon any public walk contained on
the beachfront.
Q.
[1]Any gathering of 10 or more minors not accompanied by a parent or legal guardian of one of the minors between the hours of 8:00 p.m. and 5:00 a.m. This provision is in addition to and supplements Chapter 78, Curfew, §§ 78-1 through 78-6, of this Code.
[Added 12-20-2023 by Ord. No. 2023-30]
[1]
Editor's Note: Former Subsection Q, regarding flying of kites,
was repealed 5-17-2017 by Ord.
No. 2017-12.
R.
To start or maintain a fire or fires on the beach at any time during the entire year except those sponsored by the governing body of the Borough of Longport in accordance with any local, county and state regulation. However, an exception to the foregoing prohibition is the same exception as set forth in Subsection E which is incorporated herein by reference.
[Amended 3-11-2009 by Ord. No. 2009-04; 10-7-2009 by Ord. No.
2009-31]
S.
To ride bicycles, skateboards or other wheeled recreational
equipment upon the concrete seawall or oceanfront timber bulkhead
at any time of year.
[Added 4-7-1993 by Ord. No. 93-06; amended 5-19-1993 by Ord. No.
93-12]
T.
To walk, sit or otherwise occupy the concrete seawall
or oceanfront timber or public bayfront bulkheads, except at designated
streetend locations providing access to the beach area, at any time
of year.
[Added 4-7-1993 by Ord. No. 93-06; amended 5-19-1993 by Ord. No.
93-12; 9-18-2002 by Ord. No. 2002-14]
U.
Any person engaging in the use of a kayak must have
a personal flotation device of an appropriate type for each person
on board, regardless of length, in accordance with New Jersey State
Police Boating Safety Regulations. Any person under the age of 14
shall be required to wear a personal flotation device of appropriate
size and type. A person shall not use a kayak within 50 feet of a
person in the water or a bathing beach. The governing body may, by
resolution, designate bathing beaches and other rules and regulations
for beaches.
[Added 5-21-1997 by Ord. No. 97-12;
amended 5-20-1998 by Ord. No. 4-98]
V.
For the purpose of this article, "personal watercraft"
shall mean a power vessel defined as a Class "A" vessel as determined
by the United States Coast Guard rules and regulations. A personal
watercraft shall operate at a safe speed to take proper and effective
action to avoid collision and stop within a distance appropriate to
the prevailing circumstances. A person shall not operate a personal
watercraft within 50 feet of a bathing beach or a person in the water.
A person shall not operate a personal watercraft above idle speed
within 50 feet of a shoreline. An operator of a personal watercraft
shall not operate in a reckless manner which would endanger other
craft or the life or limb of any person upon any craft in the water
or a rescuer providing assistance. Any person operating a personal
watercraft shall at all times, when the personal watercraft is in
operation, wear a United States Coast Guard approved Type I, II, III
or V Hybrid Personal Flotation Device. This regulation shall govern
any operator of a personal watercraft in the waters of the Borough
of Longport. Personal watercraft used by the Borough of Longport are
exempt from the foregoing requirements and regulations.
[Added 5-21-1997 by Ord. No. 97-12]
W.
The Board of Commissioners of the Borough of Longport
is hereby authorized and empowered to adopt by resolution such reasonable
rules and regulations as may be deemed necessary which interpret,
amplify and administer any provision hereof.
[Added 5-21-1997 by Ord. No. 97-12]
X.
Any activities that are deemed to be a danger or contrary to the
health, welfare and safety of beach goers as determined by members
of the Borough of Longport Department of Public Safety.
[Added 5-17-2017 by Ord.
No. 2017-12]
The Borough of Longport reserves the right to
revoke any beach privileges granted under this article for any violations
of its provisions or other rules and regulations and to retake and
impound any beach identification badge or permit which has been improperly
used or obtained. Such revocation shall not preclude the imposition
of any other penalties provided for such violation.
[Amended 12-20-2023 by Ord. No. 2023-30]
A violation of this article constitutes a breach of the peace.
Any person who shall violate any of the provisions of this article
shall, upon conviction thereof, be subject to a fine not to exceed
$1,000 or a jail term in the county jail not to exceed six months,
or both, at the discretion of the sentencing judge, and each day that
the violation under this article shall continue shall be deemed a
separate violation under this article.
