[Amended 3-19-2018 by Ord. No. 2018-03]
A.
The Township controls for the use of the general public the beach
and approaches thereto and the bathing area adjacent to the beach
for the enjoyment, recreation, pleasure, safety, health, peace and
quiet of all persons seeking the privilege of such facilities; and
it is deemed advisable and expedient for the preservation of order
and public health and safety, and for the best interests of those
persons seeking such privileges and facilities, to ordain rules and
regulations for the government, supervision, use and policing of the
beaches, bathing areas in the ocean, bay and canal adjacent thereto,
and the approaches thereto.
B.
This chapter shall apply to all beaches, dunes, beach access and
supporting facilities under the jurisdiction of the Township, unless
expressly exempted.
C.
The public's right of access to tidal waters for fishing, commerce
and navigation embodied in the Public Trust Doctrine have long been
recognized by New Jersey's Courts. A series of court decisions
beginning in the 1970s extended those rights to include recreation,
access to municipally controlled beaches and, in some settings, to
privately owned beaches. Public access rights have historically been
enforced through litigation, through New Jersey Department of Environmental
Protection (NJDEP) permitting actions or through conditions on state
aid for shore protection.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes beaches, dunes, designated public access paths and
structures, outfalls, restroom(s), parking or other public facilities
or parts or appurtenances whatsoever, whether real or personal property
of the Township at the following areas:
All that area from the Township line in the Villas Section southward
to the north border of the Borough of Cape May Point.
From the east border of the Borough of Cape May Point to the
west border of the City of Cape May.
From the south border of the Borough of Wildwood Crest to the
Cape May Inlet.
The beaches on both sides of the Cape May Canal from the Delaware
Bay to Cold Spring Harbor together with the bathing areas adjacent
thereto.
A wind- or wave-deposited formation of vegetated or drifting
windblown sand, generally parallel to and landward between the inland
limit to the beach and the foot of the most inland dune slope, including
primary, secondary and tertiary dunes where they exist. Formations
of sand immediately adjacent to beaches that are stabilized by retaining
structures, such as snow fences, planted and natural vegetation and
other measures are considered to be natural dunes, regardless of the
degree of modification of the dune by wind or wave action or disturbance
by development. A dune shall not include loose windblown and found
in a street or on a part of a structure as a result of wind or storm
activity.
That area between the seaward edge of the dune and the landward
edge of the dune.
Use of the beaches beginning on the last Friday prior to
Memorial Day weekend through to and including the first Monday following
Labor Day weekend of any given year.
Includes the terms "native vegetation" or "indigenous vegetation."
Specifically, it shall include such plants as beach grass (Ammophila
breviligulata), dusty miller (Artemisia stelleriana), sea rocket (Cakile
edentula), seaside goldenrod (Solidago sempervirens), bayberry (Myrica
pensylvanica), beach pea (Lathyrus japonicus), salt spray rose (Rosa
rugosa) or seaside spurge (Euphorbia polygonifolia) and any other
species of vegetation recognized by the New Jersey Department of Environmental
Protection, which normally grow or may be planted on the slopes of
dunes or behind them, no distinction being made as to how such plants
are introduced into their location.
Use of the beaches beginning on the first Tuesday following
Labor Day weekend through to and including the last Thursday prior
to Memorial Day weekend of any given year.
It shall be unlawful and an offensive course of conduct to violate
or participate in the violation of any rule or regulation hereinafter
set forth, which rules and regulations are hereby adopted for and
shall apply to the government, supervision, policing and use of the
aforesaid areas. The following activities are hereby prohibited:
A.
To engage in the playing of any game which endangers the health and
safety of others, including but not limited to the use of surfboards
from the center line of Rochester Avenue north to the dividing line
between the Township of Lower and the Borough of Wildwood Crest, on
the Atlantic Ocean.
B.
To transport or place any rubbish, refuse, garbage or other material
that pollutes or interferes with the use and enjoyment of the beach.
Such items shall be deposited in receptacles so provided. Where receptacles
are not provided, all waste will be carried away from the beach by
the person(s) responsible for its presence and such waste shall be
properly disposed of elsewhere.
C.
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.
D.
To possess either in opened or unopened containers and/or to consume
alcoholic beverages within the areas defined as the beach and approaches
thereof, nor shall any person be under the influence of intoxicating
liquor or drugs.
E.
To revel, disport, or behave in a noisy or boisterous manner, emitting
loud cries and other noises, or playing of loud music so as to inconvenience
others, or otherwise disrupt and disturb the public peace and dignity
within the areas defined as the beach or approaches thereto.
F.
To act in a loud, indecent, obscene, or offensive manner within the
defined areas.
G.
Mark, deface, disfigure, injure, tamper with or displace or remove
any tables, benches, public access structures, outfalls, restroom
or other public facilities or parts or appurtenances whatsoever, whether
real or personal property of the Township.
H.
To introduce, place or plant any plants, shrubs, trees, bushes and/or
vegetation, with the exception of natural vegetation, on the dune
or within the dune area. Any proposed natural vegetation shall be
planted under the supervision of the Lower Township Superintendent
of Parks and Recreation as set forth within the current New Jersey
Department of Environmental Protection CAFRA permit, in accordance
with the guidelines and standards promulgated by the New Jersey Department
of Environmental Protection.
I.
Dig, damage, trample or remove any dune vegetation from the beach
or dune, nor dig or remove sand from any dune with exception of authority
of the Township.
J.
To trespass upon any dunes, except as paths are designated and marked
for public use.
A.
Anyone found to have violated any of the provisions of this article
shall be guilty of a disorderly person's offense and, upon conviction
thereof by any court authorized by law to hear and determine the matter,
be subject to a fine in any sum not exceeding $1,000, and in default
of payment of said fine be imprisoned in the county jail for a term
not exceeding 30 days; and any repetition of any act herein prohibited
shall be deemed a separate and distinct offense.
B.
In addition to the above penalties, the Lower Township Police Department,
the Construction Official, the Code Enforcement Officer or any other
duly authorized officers or employees are hereby empowered to pursue
such legal and equitable relief as may be necessary to abate any violation
or enforce any condition of this article.
