[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. I, Beach Use Restrictions, adopted 11-27-1973 by Ord. No. 1378 as Ch. 46, Art. II, of the 1973 Code, as amended.
The following regulations are hereby made and established for the proper and efficient operation and maintenance of the municipal bathing beaches now and hereafter to be established in the Township of Toms River in the County of Ocean:
A. 
No person shall do any of the following things at, upon or in the immediate vicinity of any public bathing beach:
(1) 
Dress or undress[1] in a motor vehicle or use a motor vehicle as a place for sleeping at any beach or within 500 feet thereof.
[1]
Editor's Note: As to dressing and undressing regulations, see Ch. 388, Art. I, Disrobing in Public.
(2) 
Throw, drop or pass out any wastepaper, bottle, container, food, drink, garbage or other refuse[2] upon any said beach or in the water adjacent thereto.
[2]
Editor's Note: For other regulations on garbage and refuse, see Ch. 442, Solid Waste.
(3) 
Litter, make unsightly, damage, destroy or disfigure any said beach or any public or private property thereat.
(4) 
Crab or fish at or from any public bathing beach.
(5) 
Make any loud noise, sound or music to the annoyance of any other person.
(6) 
Use loud, profane or indecent language.
(7) 
Play ball or any other game or engage in any activity which will endanger any other person or interfere with enjoyment of the quiet use of any beach by any other person.
(8) 
Take or consume any alcoholic beverages[3] at any public bathing beach or in the water adjacent thereto.
[3]
Editor's Note: As to alcoholic beverages, generally, see Ch. 162, Alcoholic Beverages.
(9) 
Except for Seeing Eye dogs, no dogs are permitted on any public beach or the adjacent water.[4]
[4]
Editor's Note: As to dogs, see Ch. 165, Animals and Animal Establishments, and Ch. 516, Animals.
(10) 
Build or maintain any beach fire, except as provided in Chapter 185, Beach Fires.
(11) 
Go into or remain in the water of any public bathing beach when:
[Amended 4-27-2010 by Ord. No. 4253-10]
(a) 
It is unsafe to do so.
(b) 
Directed by a public lifeguard or a police officer to come from said water.
(12) 
Molest or disturb any person in the peaceful enjoyment of any beach or bathing facilities.
(13) 
Do anything which shall endanger the life or safety of himself, herself or any other person.
(14) 
Go out in water at any bathing beach farther than directed by a public lifeguard or a police officer.
(15) 
Refuse or neglect to obey the orders and directions of a public lifeguard as to time, place or distances for bathing.
(16) 
Operate a beach buggy or motor vehicle on any bathing beach; provided, further, that a beach buggy or other four-wheel-drive vehicle may be operated on the public beaches of the Township, subject to the applicable provisions of Article V of this chapter, Use of Motor Vehicles on Beaches, of the Code of the Township of Toms River, New Jersey.
(17) 
Use, permit or aid in the use of water skis, surfboards or boats in any bathing area. Nothing herein shall apply to any lifesaving boat or boats in an emergency condition.
(18) 
Eat, drink or picnic, except in an area or areas designated as a picnic area or areas.
(19) 
No boat[5] shall beach, except in an area or areas designated for beaching boats, except:
(a) 
In case of emergency; or
(b) 
Any lifesaving boat or boats.
[5]
Editor's Note: As to other boat regulations, see Ch. 198, Boat Docks and Bulkheads, Public.
(20) 
Bathe at any beach when such beach is unattended by a lifeguard or lifeguards.
(21) 
Hawk, peddle, vend, sell or dispose of any goods, wares, foodstuffs and/or merchandise on any public beach.[6]
[6]
Editor's Note: For subsequent hawking, peddling and vending restrictions on public beaches, see Ch. 391, Art. III, Hawking, Peddling, Vending and Canvassing.
(22) 
No bare feet are permitted on the boardwalk.
B. 
The practice or carrying on of the sport commonly known as "surfing" shall be permitted, subject to the following requirements:
(1) 
Surfing shall be permitted during the daytime, between the hours of 9:00 a.m. and 5:00 p.m., outside areas designated by yellow flags and buoys to be placed by Township of Toms River lifeguards according to the instructions given by the beachfront supervisor.
(2) 
The placement of the yellow flags and buoys shall be at the discretion of the beachfront supervisor who shall cause the yellow flags and buoys to be placed north of the designated (red flag) bathing areas according to the existing ocean current and other conditions in order to maximize safety for all persons utilizing the beach and ocean. The beachfront supervisor may increase or decrease the area for surfing depending on water or weather conditions.
(3) 
An indication as to the meaning of the yellow flags and buoys pursuant to this subsection shall be posted in various public places.
(4) 
Surfers will be required to remain in the designated surfing area. Surfing outside of the designated area will result in that person or persons losing their surfing privileges for the day.
(5) 
All surfers must comply with the beach badge requirements of Article II of this chapter.
(6) 
Surfers must obey all lifeguard instructions. Failure to do so will result in loss of surfing privileges.
(7) 
All surfers will be required, for safety purposes, to wear a surfboard restraining device known as a "shock cord." The shock cord must be securely attached to the surfer and that person's surfboard.
(8) 
All surfers under the age of 13 must be accompanied by an adult with a current Toms River Township beach badge. This adult will be held responsible for any and all actions of the surfer while surfing.
The prohibitions contained in § 175-1 hereof shall apply and be enforceable throughout the year at each of said municipal bathing beaches, with the exception that during off-bathing hours crabbing and fishing at or from any municipal bathing beach shall be permitted.
The Township Council reserves the right to establish and to change the precise location of each public bathing beach, by resolution or order, as safety and circumstances shall require.
The following definitions shall be applied to and used in the construction of this article:
BEACH
The area set off by the governing body of this municipality for public bathing and recreational purposes and shall include the waters of the Atlantic Ocean, Barnegat Bay and Toms River adjacent thereto, depending upon the location of the respective beaches. The word "beach" shall be construed to cover and include both paid and unpaid beaches.
DIRECTOR
The person in the position of Director of Recreation. The Director or his or her designee shall be authorized to establish rules and regulations for the protection of the public and/or public properties.
POLICE OFFICER
Any officer of the law on duty or called to said respective beaches to maintain order or enforce the law.
PUBLIC LIFEGUARD
The person or persons employed by the municipality at said beach for the preservation, safety and protection of the bathers and to preserve order at the respective public beaches and in the immediate vicinity thereof.
Any person violating any of the provisions of this article, upon conviction by a court of competent jurisdiction, shall suffer a penalty of not more than 30 days' imprisonment in the common jail of the County of Ocean or not more than a fine of $100, or both, at the discretion of the court in which said conviction is had.