[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
There is hereby established a place of resort for public health, recreation, bathing and entertainment, including construction and maintenance of boardwalk, bathing and recreational facilities, safeguards and equipment in this Borough at the oceanfront, upon all of the lands owned by this municipality or leased by it fronting upon the Atlantic Ocean.
Said place of resort for public health, recreation, bathing and entertainment shall be maintained by the Borough of Seaside Heights.
The municipality shall acquire, construct, use and maintain such safeguards, equipment and facilities as shall be necessary in the proper establishment and maintenance of said place of resort for public health, recreation, bathing and entertainment. The municipality 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 human beings at said place of resort, while bathing or otherwise, at said place of resort.
[Amended 5-19-1999 by Ord. No. 99-15]
The municipality shall employ such lifeguard or lifeguards and other seasonal employees as may be required for the proper supervision of public bathing at designated public beaches within the Borough of Seaside Heights.
The municipality shall have the right to police said place of resort and to hire, engage and pay such police officers as shall be necessary for the proper policing of said place of resort.
The municipality shall have the right to:
[Added 6-5-2019 by Ord. No. 2019-10]
"Dune area" shall mean that area between the seaward edge of the dune as exists or as established by the USACE Beachfill and Dune Project or as may advance easterly through natural accretion from that initial point and the landward edge of the dune as exists; is constructed as part of the USACE Beachfill and Dune Project or as may be created by natural migration of the dune to the west.
No person shall be in the dune area unless:
Upon a natural or improved pathway, walkway or dune platform; or
In the performance of such activities as may be reasonable and necessarily required to construct or maintain the dune, dune vegetation or allowed structures with the permission of the owner; or
For the purposes of inspection, topographical survey, or enforcement of this chapter; entry for these purposes shall not be deemed an actionable trespass; or
As authorized by the USACE and/or the NJDEP and the Borough for the construction and maintenance of the initial or subsequent beach and dune construction projects as part of the USACE Fifty-Year Program and consistent with the terms of the perpetual beachfill and dune maintenance easement executed with each oceanfront property owner (past or present) to meet the terms of the federal USACE Beachfill and Dune Project; or any subsequent Borough- or NJDEP-approved beachfill and dune project as may be implemented by the Borough pending unavailability of federal funds.
[Amended 2-4-1998 by Ord. No. 98-5; 12-15-1999 by Ord. No. 99-34; 3-1-2000 by Ord. No. 2000-5; 3-2-2005 by Ord. No. 05-09; 4-19-2006 by Ord. No. 06-05; 12-2-2009 by Ord. No. 09-11; 2-6-2013 by Ord. No. 13-05; 7-16-2014 by Ord. No. 14-15; 1-20-2016 by Ord. No. 16-04; 2-15-2017 by Ord. No. 17-02; 12-6-2017 by Ord. No. 17-20]
In order to provide funds to improve, maintain and police the said place of resort and to protect the same from erosion, encroachment and damage by sea. or otherwise, and to provide facilities and safeguards for public bathing and recreation, including the employment of lifeguards, the following reasonable fees shall be charged to the person using said lands and bathing facilities for access to the beach and bathing and recreational facilities. provided that such fees shall not be charged or collected from children under the age of 12 years. nor from active and retired military personnel and their dependents upon presentation of proper identification confirming such status:
During normal bathing season: $8 per day per person during the usual bathing season from May 15 to September 15.
The Borough Administrator, by resolution adopted annually by the Borough Council, may be authorized to develop and approve promotions consisting of free or discounted daily. weekly, and season beach badges, including, but not limited to, the Lakewood Blue Claws free daily beach pass promotion (approximately 200,000 beach pass awards); Mom and Me Day; Dad and Me Day: Bring a Friend to the Beach Day: Val Pak mailer promotion: AAA magazine promotion; radio promotions: social media promotions; and prizes that are part of nonprofit organization fundraisers (e.g., gift basket prizes). Likewise, the Borough Council reserves the right to waive or reduce the beach fees for certain days in the event the Borough is successful in obtaining sponsorship for those days. In the event the governing body is successful in obtaining the necessary sponsorship for a beach day or days, the Borough shall designate the beach day or days by resolution.
Individuals desiring to purchase a weekly beach badge running from Saturday through Friday of any given week shall be required to pay a fee of $35 per week.
Individuals desiring to purchase a season beach badge shall be required to pay a fee of $45 per season if said badge is purchased on or before May 15. If the season beach badge is purchased after May 15, the price shall be $60 per season.
Individuals desiring to purchase a weekly beach badge, season beach badge, or senior beach badge, shall make application to the Borough of Seaside Heights on a form approved by the Borough Administrator.
No person may purchase more than five weekly beach badges per week and five season beach badges per season.
All daily wristbands, weekly beach badges, season beach badges. and senior beach badges shall be for the exclusive use of the registrant or purchaser and shall not be assigned, transferred, loaned, given, sold, rented, or leased to any other person.
Nothing in Subsection G above shall prevent the use of any weekly beach badge or season beach badge, excluding senior beach badges, by the registrant's or purchaser's immediate family. "Immediate family" is defined as the registrant's or purchaser's spouse, child, brother, sister, mother, father, grandparent, grandchild, son-in-law, and daughter-in-law.
Senior citizen season beach badge fee. Any person 65 years of age or older shall be entitled to purchase a season beach badge for a fee of $10 upon presentation of a copy of a birth certificate, or other valid proof of age, together with a photo identification. Any "lifetime" or "VIP" senior beach badge issued by the Borough of Seaside Heights prior to December 31, 2015, shall remain in full force and effect.
Beach badges shall not be resold, bartered, or redeemed for cash.
The counterfeiting, copying, duplication or other reproduction of any daily wristband, weekly beach badge. or season beach badge issued by the Borough by anyone other than the Borough or its authorized representatives is hereby prohibited.
Each daily, weekly. and season beach badge constitutes a license to use the beach, which license may be revoked by the Borough Administrator or his designee in the event that the licensee misuses the beach badge or otherwise violates any section of this chapter.
The Borough shall not be responsible for misplaced, lost, stolen, and forgotten beach wristbands and badges, including, but not limited to, "lifetime" and "VIP" senior beach badges.
[Amended 3-2-2005 by Ord. No. 05-09]
Unless permitted in a designated area of the beach as authorized by the governing body, in which case signs shall be posted in public view to advise the general public of the acts which are permitted in said designated area, no person shall do any of the following things at or upon the place of resort for public health, recreation, bathing and entertainment:
Throw, drop, discard or leave any wastepaper, garbage or other refuse on the beach or in the water or anywhere which is not a designated trash or recycling receptacle; or in any way litter, make unsightly, damage, destroy or disfigure the said beach or any public or private property thereat.
Sell, peddle or hawk any food, drink or confections upon the public beach.
[Amended 5-17-2017 by Ord. No. 17-14]
Bring onto the beach or Boardwalk Promenade amplified music of any kind without having been issued a permit. Boom boxes, speakers, speaker systems, radios, and other amplification devices are not permitted on the beach;
Make any loud noise, sound or music to the annoyance of any other person; or
Use loud or obscene language.
Play ball or any other game, ride or operate a surfboard or engage in any activity which will endanger another person or interfere with the enjoyment of the quiet use of the beach or public boardwalk or said place of public resort by another person or do anything which shall endanger the life, health or safety of oneself or any other person.
Take any intoxicating liquor upon any public beach or public boardwalk.
Take or permit his or her dog to be or go upon the beach or in the water at a public bathing beach or upon the public boardwalk except from October 1 of each year through the Sunday before Palm Sunday of each succeeding year.
[Amended 4-5-2017 by Ord. No. 17-08]
Molest or disturb any person in the peaceful enjoyment of said beach, boardwalk or bathing facilities.
Refuse or neglect to obey the orders and directions of a public lifeguard as to time, place and distances for bathing, or interfere with or obstruct a police officer or lifeguard in the performance of his or her duty. Nor shall any person fail to obey the order of the captain of the lifeguards or, in his or her absence, the second-in-command of the beach patrol ordering the lowering of beach umbrellas when wind conditions require the same. Additionally, this shall apply to the captain's order to remove surf rafts from the ocean when conditions have been determined to require the same.
Operate a privately owned motor vehicle on the public boardwalk at any time.
Operate a privately owned beach buggy or other motor vehicle on a beach during times and hours when the beach is opened for bathers, which shall be during times when lifeguards are on duty.
Enter or attempt to enter upon the public beach without having purchased a current and valid beach badge from the Borough of Seaside Heights. Upon request of any lifeguard, beach attendant, police officer or other Borough officer or employee, an individual on the public beach shall present his or her beach badge as proof that he or she entered upon the beach in a legal manner. Failure to produce a current and valid beach badge shall be grounds for removal from the public beach and the issuance of a complaint for violation of this section.
Build or maintain bonfires or fires on the beach.
Pursuant to N.J.S.A. 40:48-1 and 40:48-2, the smoking and/or burning of 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 non-nicotine delivery systems, personal vaporizers, PVs), or any other matter or substance which contains tobacco, is prohibited in those beachfront areas of the Borough as are designated, from time to time, by resolution of the governing body and posted by signs clearly identifying the area within which such activity is prohibited.
[Added 7-2-2008 by Ord. No. 08-12; amended 4-19-2017 by Ord. No. 17-11]
Editor's Note: This ordinance also changed the title of this chapter from "Beaches" to "Boardwalk and Beaches."
Restrictions on the use of umbrellas and other fixtures on the beach.
[Added 4-19-2017 by Ord. No. 17-11; amended 5-17-2017 by Ord. No. 17-14]
Umbrellas with a collapsible circular shade no greater than eight feet in diameter stretched over hinged ribs radiating from a center pole no greater than seven feet six inches in height, and without grounding lines, ropes, or sides are permitted on the beach.
Devices designed or used to shade infants and small children, also known as "baby tents," no larger than 36 inches high by 36 inches wide by 36 inches deep, are permitted on the beach. Guests with infants and small children who wish to use a small sport-brella style beach shade device, one which does not exceed nine feet, may be directed to set up on the west side of the beach near the Boardwalk Promenade so that the device does not block the view of other guests.
Canopy style sun shades 12 feet by 12 feet and less without side walls or screens are permitted on the beach westward of a line parallel to the back edge of the lifeguard stands. Canopy-style sun shades shall be placed no less than 15 feet apart from another canopy.
Guests who wish to use a small sport-brella style beach shade device, one which does not exceed nine feet, may be directed to set up on the west side of the beach near the Boardwalk Promenade so that the device does not block the view of other guests.
Umbrellas, baby tents, canopies, and small sport-brella beach shade devices shall be secured such that uncontrolled movement of the device is restricted. Baby tents, canopies, and small sport-brella beach shade devices when secured with fasteners, stakes, weights, or the like shall not endanger beach patrons. Anchoring lines, tethers, or the like shall not extend beyond the perimeter of the baby tent, canopy, or sport-brella.
No person shall locate an umbrella, baby tent, canopy, or small sport-brella beach shade device in an area obscuring a lifeguard's view of the ocean or in an area impeding a lifeguard's egress from a lifeguard stand, as determined by a lifeguard.
Umbrellas, baby tents, canopies, and sport-brellas shall be removed from the beach daily.
Excluding umbrellas, baby tents, canopies, and small sport-brella beach shade devices described above in this section, other shading devices including, without limitation, tents, tarps, canopies larger than 12 feet by 12 feet, canopies with side walls and screens, cabanas, pavilions, temporary restroom facilities, and similar devices, or any materials mounted on supports are prohibited except in connection with an approved special event or ceremony.
Ganged shade devices of any type (i.e., shade devices that are physically attached to each other) and the use of tie outs for shade devices are prohibited.
Certain devices and equipment prohibited. Except in the course of an approved special event or ceremony:
[Added 4-19-2017 by Ord. No. 17-11]
No person shall bring onto the beach serving trays, warming trays, pots, pans, or devices utilized for the preparation or storage of food.
No person shall bring onto the beach tables or stands or boards or other devices positioned to function as a table.
No person shall bring onto the beach a cooler, barrel, or tub that exceeds 24 inches in length and/or has a capacity greater than 36 quarts.
No person shall feed on the beach or boardwalk any wild animals including, without limitation, seagulls, cats, dogs and foxes.
[Added 4-19-2017 by Ord. No. 17-11]
[Amended 5-19-1999 by Ord. No. 99-15; 4-19-2017 by Ord. No. 17-11; 5-17-2017 by Ord. No. 17-14]
Unless determined otherwise by a resolution of the Borough Council, the general operating season shall commence on the Friday of Memorial Day weekend and continue through Labor Day. During the operating season all persons using the oceanfront and the ocean waters adjacent thereto during operating hours shall obtain and display an appropriate season beach badge, weekly beach badge, senior beach badge, or daily wristband.
Friday, Saturday, Sunday and holidays: A beach badge/wristband is required to enter or remain on the beach from 9:00 a.m. to 9:00 p.m. However, the cashier booths may close at 6:00 p.m. and lifeguards may leave the beach at 7:00 p.m. notwithstanding that a beach badge/wristband will be required to enter or remain on the beach until 9:00 p.m. Monday to Thursday: A beach badge/wristband is required to enter or remain on the beach from 9:00 a.m. to 4:00 p.m.
Bayfront and oceanfront bathing is permitted only when lifeguards are on duty regardless of operating hours. No person shall enter the bay or ocean when lifeguards are not on duty.
All persons are restricted from remaining on the oceanfront beaches after 10:00 p.m. except during approved special events and ceremonies. Individuals actively engaged in fishing may be upon any municipal beach at any time between the applicable beach closing hour and 5:00 a.m. of any day.
The public boardwalk shall be closed for public use and no person shall remain on the public boardwalk during the hours after 3:00 a.m. and before 6:00 a.m.
[Added 5-2-2018 by Ord. No. 2018-04]
The Borough provides cold shower pedestals so that beachgoers may wash off sand after they exit the beach. The following regulations are established for use of the shower pedestals in the interest of the public health, safety and welfare:
Shower use is limited to three minutes per person.
The use of shampoo and/or soap of any kind is prohibited.
All children under the age of 12 must be accompanied by an adult.
Bathing suits or other suitable attire must be worn by adults and children of all ages while using the shower.
Disrobing in the shower is prohibited.
Spitting, spouting water, or blowing the nose in the showers is prohibited.
Discharging of bodily wastes, including but not limited to, urine and fecal matter is prohibited.
Use of the shower by individuals with open lesions or wounds or active diarrhea is prohibited.
The provisions of this chapter shall be enforced by the Police Department for the Borough of Seaside Heights, Special Police Officers, Lifeguards and Beach Attendants. It is the specific intention of the governing body of the Borough of Seaside Heights that lifeguards and beach attendants be authorized to write summonses for violations of the provisions of Chapter 33 and, in particular, § 33-8, entitled "Prohibited acts."
[Amended 3-2-2005 by Ord. No. 05-09]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,250, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.