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 in a motor vehicle or use a motor vehicle as a place for
sleeping at any beach or within 500 feet thereof.
(2) Throw, drop or pass out any wastepaper, bottle, container, food,
drink, garbage or other refuse upon any said beach or in the water adjacent thereto.
(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 at any public bathing beach or in the water adjacent thereto.
(9) Except for Seeing Eye dogs, no dogs are permitted on any public beach
or the adjacent water.
(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]
(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 shall beach, except in an area or areas designated for
beaching boats, except:
(b)
Any lifesaving boat or boats.
(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.
(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.