[HISTORY: Adopted by the Board of Commissioners
of the City of Margate City as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-22-1976 as Ch. 57 of the 1976 Code[1]]
[1]
Editor's Note: Chapter 57 of the 1976 Code
was originally derived from Ord. No. 892, adopted 1-24-1974, as amended.
Paid places of resort, beaches, bathing and
recreational facilities are hereby established in the City of Margate
City for the public health, recreation and entertainment. Such places
shall be located at the oceanfront upon all lands in the City of Margate
City fronting on the Atlantic Ocean.
[Amended 3-12-1981 by Ord. No. 1981-4; 3-27-1986 by Ord. No. 1986-3; 3-3-2005 by Ord. No.
2005-5; 4-3-2008 by Ord. No. 14-2008; 9-20-2012 by Ord. No.
12-2012; 11-5-2020 by Ord. No. 10-2020]
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.
Ten dollars per person per season, provided that application is made
to the proper authorities on or before May 31 of the bathing season.
C.
Twenty dollars per person per season in the event that application
is made to the proper authorities subsequent to the 31st day of May
of the bathing season.
D.
Three dollars and fifty cents for senior citizens 65 years and older
per season, provided that application is made to the proper authorities
on or before May 31 of the bathing season.
E.
Ten dollars per person per week for any week or fractional part thereof
of the bathing season. Weekly badges will be valid from 12:00 noon
Friday until 12:00 noon of the following Friday.
F.
Twelve dollars for the purchase of each holiday beach badge. These
badges will be valid for the following summer season only.
G.
No privilege, right, badge or other evidence to use the beaches of
the City of Margate City issued to or to be issued upon the payment
of any fees provided shall be sold or leased to any person or entity
by anyone other than the City of Margate City or its duly authorized
representative. Specifically, The City of Margate City or its duly
authorized representative shall be the sole and exclusive vendor and/or
purchase or lease said badges from anyone other than the City of Margate
City or its duly authorized representative.
[Amended 4-3-2014 by Ord. No. 10-2014]
A.
No person 12 years of age and over shall bathe at or otherwise use the beaches set forth in § 75-1 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 shall be exhibited on demand to the Beach Inspector or other duly authorized representative of the City of Margate City.
B.
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 spouse or dependent children over the age of 12 years.
C.
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 spouse 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.
D.
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 Tag Supervisor documentation,
consistent with law and any 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.
E.
Records and verification. As required by law, the Beach Tag Supervisor shall maintain a list of all individuals to whom beach tags are issued pursuant to Subsections B, C and D above, including the names of all individuals and, as applicable hereunder, their family members who qualify for the beach fee exemption. The Beach Tag Supervisor shall also establish procedures for verifying that individuals and, as applicable hereunder, their family members qualify for the beach fee exemption by presentation by those claiming the exemption of appropriate credentials demonstrating active duty or Veterans status.
F.
The penalty
for violation of this section shall be in the amount of $100.
[Added 4-17-2014 by Ord. No. 20-2014]
[Amended 1-25-1988 by Ord. No. 1988-1]
A.
The beaches established in § 75-1 shall be kept open and operated during the usual bathing season, the dates of which shall be established annually by the Board of Commissioners, and the hours of operation shall be from 10:00 a.m. to 6:00 p.m., prevailing time, except during inclement weather.
B.
The penalty
for violation of this section shall be in the amount of $100.
[Added 4-17-2014 by Ord. No. 20-2014]
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 City 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.
The following rules and regulations are hereby
established, and it shall be unlawful to violate any of said rules
and regulations or those subsequently adopted by resolution during
the bathing season or at other times if specifically provided:
A.
No person shall bathe or swim from the beachfront
except from the designated bathing beaches where boats and lifeguards
are provided nor bathe or swim beyond a safe depth in the ocean as
from time to time indicated or regulated by the lifeguards. The penalty
for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
B.
No person shall use a surfboard, boat, sailboat or
raft of any kind or description except at locations designated by
the lifeguards. The penalty for violation of this subsection shall
be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
C.
No person shall engage in surf fishing in the bathing
areas during bathing hours. The penalty for violation of this subsection
shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
D.
All orders, directions, whistles or other signals
used by the lifeguards and police shall immediately be obeyed. The
penalty for violation of this subsection shall be in the amount of
$100.
[Amended 4-17-2014 by Ord. No. 20-2014]
E.
No person shall use said beaches for picnicking. The
word "picnicking," as used herein, means the carrying of or otherwise
transporting any box, basket, bag or tub or other receptacle in which
there is contained food or beverage, or both, and the consumption
of such food or beverages, or both. The penalty for violation of this
subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
F.
No person shall consume alcoholic beverages on the
public beaches. The penalty for violation of this subsection shall
be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
G.
No person shall change clothes, dress, undress or
otherwise disrobe, except outer wraps. The penalty for violation of
this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
H.
No person shall sleep on the public beaches during
any time between sunset and sunrise. The penalty for violation of
this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
I.
No person shall act in a loud, indecent, obscene or
offensive manner. The penalty for violation of this subsection shall
be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
J.
No person shall 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 within the beach areas defined. The penalty for
violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
K.
No person shall climb upon, stand on or tamper with
or handle the lifeguard boats or other equipment used by the lifeguards.
The penalty for violation of this subsection shall be in the amount
of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
L.
No person shall throw, bat or catch a baseball, football,
basketball or softball or engage in the playing of any games endangering
the health or safety of others. This subsection shall not apply to
the playing with a soft, inflated beach ball. This subsection shall
also not apply to the playing of volleyball, provided that the courts
are set up at the direction and with the approval of the Directors
of the Beach. The penalty for violation of this subsection shall be
in the amount of $100.
[Amended 6-25-1981 by Ord. No. 1981-10; 7-12-1990 by Ord. No. 1990-13; 4-17-2014 by Ord. No.
20-2014]
M.
No person shall throw, place, deposit or leave any
bottles, glass, crockery, sharp or pointed articles or things, paper,
refuse or debris of any kind on the beaches. The penalty for violation
of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
O.
No person shall park vehicles, loiter, assemble, band
or crowd together so as to interfere with or be likely to interfere
with the ingress and egress of others at the street ends approaching
the beaches. The penalty for violation of this subsection shall be
in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
P.
No person shall 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. The penalty for violation of this subsection
shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
Q.
No dogs or other animals shall be permitted on the
beachfront or the waters adjacent thereto or upon any public walk
contained on the beachfront. The penalty for violation of this subsection
shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
R.
The flying of a kite or kites of any size, shape or
description, or the attempt to do so, or the propelling or causing
the movement of any object through the air, whether manually, mechanically
or electrically, is prohibited during the hours that the beach is
made available for bathing. The penalty for violation of this subsection
shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
S.
The starting or maintenance of a fire or fires on
the beach at any time during the entire year is prohibited. The penalty
for violation of this subsection shall be in the amount of $100.
[Amended 4-17-2014 by Ord. No. 20-2014]
The City of Margate City 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 1-25-1988 by Ord. No. 1988-1]
Any person violating any of the provisions of
this article or any of the rules and regulations adopted hereunder
shall, upon conviction thereof, be subject to a fine of not more than
$1,000 or to imprisonment for not more than 90 days, or to both such
fine and imprisonment.
As used in this article, the following terms
shall have the meanings indicated:
The City of Margate, Atlantic County, New Jersey.
Shall be strictly limited to water, packaged ice cream, ice
cream, water ice and yogurt products, including Popsicles, fudgsicles,
icicles, ice cream cones, Dixie cups and related containers, ice cream
sandwiches and related products. Except for water containers, no plastic,
metal, or glass containers shall be sold or supplied.
Rules and regulations contained in this article and promulgated
by resolution by the Commissioners of the City of Margate relating
to beach vending. A schedule of products and maximum prices to be
charged may be included in such rules and regulations.
The period from May 15 to October 15, inclusive.
[Amended 4-7-2005 by Ord. No. 2005-7]
Beaches fronting the Atlantic Ocean between Fredericksburg
and Coolidge Avenues in the City of Margate.
Shall exclusively mean individuals and excludes partnerships,
corporations, business entities, LLC, LLP and other types of limited-liability
companies or partnerships.
Beach vending license issued by the City of Margate pursuant
to an adopted resolution establishing the number of licenses, method,
terms and conditions of issuance.
[Amended 4-7-2005 by Ord. No. 2005-7]
No person shall vend on any Margate beach without
a valid beach vending license.
A licensee shall be 18 years of age or older
on the date of application, shall submit a completed official form
provided by the City and must pass the required background investigation.
The official form shall include the applicant's name, permanent home
address, name and address of employer, if any, a photograph of the
applicant taken within six months immediately prior to the date of
the application, two business references located in the County of
Atlantic or, in lieu thereof, such other available evidence of the
character and business responsibility of the applicant as to properly
evaluate such character and responsibility, a statement as to whether
the applicant has been convicted of any crime, misdemeanor or violation
of any municipal ordinance and the nature of the offense and the punishment
or penalty assessed therefor, and the fingerprints of the applicant.
The application may contain any other and further information as may
be required by the Chief of Police of the City. A licensee must submit
an indemnification and hold harmless agreement in favor of the City
of Margate. The applicant shall pay a processing and fingerprinting
fee, no less than $25 or more than $100 as set by the Chief of Police.
A.
Licensees shall submit a complete background application
to the Chief of Police of the City of Margate, New Jersey.
B.
Beach vending licenses may be revoked or suspended
for any of the following reasons:
(1)
Disorderly conduct or conduct which is offensive,
imposing or intimidating;
(2)
Conduct demonstrating a state of moral turpitude;
(3)
Making materially false statements in the application
for the license;
(4)
Violation of the beach vending regulations;
(5)
Sales of products at a disapproved location;
(6)
Sales of unapproved products;
(7)
Sales in excess of maximum permitted prices;
(8)
Disposing of debris or boxes in an unapproved manner;
(9)
Using helpers and others to vend on the beach;
(10)
Failure to display the vending license at all
times, or failure to wear clean, tidy, predominantly white clothing,
without commercial advertisement of any kind except for promoting
products being offered for sale;
(11)
Using loud bells, whistles, horns or other disturbing
means of promoting sales. Verbal calling of available products shall
be permitted;
(12)
Transferring, lending or permitting others to
use the license;
(13)
Violating any provisions of this article or
any rules and regulations promulgated hereunder.
C.
If requested, the licensee shall be afforded a hearing
before a hearing officer appointed by the Mayor. A license may be
temporarily suspended prior to a hearing for good cause.
Licensees must be at least 18 years old as of
the date of application for the license.
The City is under no obligation to adopt a resolution
providing for the awarding and issuance of vending licenses. Licenses
are not renewable, and shall automatically expire at the end of the
summer.
No property right in a license accrues to a
licensee.
Beach vending regulations, including setting
and amending from time to time the maximum prices to be charged for
products, may be adopted by resolution of the Board of Commissioners
of the City of Margate.
A beach vending license may not be sold, assigned,
loaned, pledged, leased, rented, subleased or in any other way alienated
or otherwise transferred unless prior permission is granted by resolution
of the Board of Commissioners of the City of Margate. The license
shall not be subject to levy and execution or for the collection of
any debt or obligation of the licensee.
Licensees must at all times be in strict conformance
with the Zoning Ordinance,[1] and without limitation of the generality of the foregoing,
includes receiving, storing, delivering, and distributing water, ice
cream, ice cream equipment, ice cream products and related materials,
supplies, and equipment.
[1]
Editor's Note: See Ch. 170, Land Use, Art.
V.
Licensees shall comply with all federal, state
and local laws pertaining to beach vending, including registration
with the Atlantic County Department of Health. Licensees shall continually
comply with all health rules and regulations. Licensees shall submit
a physician's report certifying that no communicable or infectious
disease is present which would render vending unsafe to the public.
Licensees shall allow inspection by state, county and local officials
of their products and equipment at any time for purposes of ensuring
compliance.
The licensee shall indemnify and save the City
of Margate free and harmless from and against any and all losses,
suits, costs, damages, claim expense actions, liabilities or judgments
whatsoever (including attorney's fees) because of accident or injury
sustained or alleged to have been sustained by any party or parties,
person or persons, property or properties occurring in conjunction
with the operations under the license or by reason of the use of defective
items/services furnished or delivered under the beach vending license
by or on account of any act of omission or commission of any licensee,
her, his, its, or their agents or employees. The indemnification shall
include any and all claims for royalties, patent infringements or
suits for information thereon which may be involved in the manufacture,
use, or sale of the items/services to be furnished. In the case of
any action being brought against the City, the licensee shall immediately
take charge of and defend same at her, his, its, or their own cost
and expense. The City may, if it so desires, defend such action and
charge the expense thereof to the licensee. The licensee is required
to carry liability insurance in the minimum amount of $1,000,000 covering
and insuring the City as aforesaid. The licensee shall deliver to
the City of Margate a certificate of insurance, with a thirty-day
cancellation clause. An original or certified true copy of the insurance
policy shall be delivered to the City Clerk.
Any person violating the terms of this article
or any of the rules and regulations adopted hereunder, whether as
principal, agent or employee of another, shall, in addition to suspension
and/or revocation of the vending license, upon conviction thereof,
be subject to a fine not exceeding $500, or to imprisonment not exceeding
90 days, or to both.
