[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. V, Use of Motor Vehicles on Beaches, adopted 2-23-1988 as Sec. 2 of Ord. No. 2549-88.
The purpose of this article is to protect the safety of those who use our ocean and bay beaches from the dangers created by the operation of privately owned (as opposed to municipally owned) unlicensed and improperly equipped motor vehicles upon the Township's ocean and bay beaches. Further, this article is designed to protect those who would otherwise unduly subject themselves as well as others to the dangers created by failure to maintain a properly equipped or proper type of motor vehicle.
No person shall operate a motor vehicle upon the bayfront beach at any time of the year.
[Amended 12-27-2011 by Ord. No. 4343-11]
Effective January 1, 2012, the following rules and regulations shall govern the operation of four-wheel-drive vehicles upon the ocean beach in Toms River Township:
A. 
Permit required. A permit is required to operate a four-wheel-drive motor vehicle on the ocean beach in Toms River Township. The fee for the permit shall be $25. The Township Clerk shall be responsible for issuing the permit and collecting the required fee. Only one permit shall be issued per vehicle. Permits are not transferrable to other vehicles.
B. 
Application for permit. Permits shall be applied for in writing on forms promulgated by the Township. Applications shall be submitted to the Township Clerk for review and approval. As part of the application forms, applicants must provide a notarized affidavit certifying that:
(1) 
The vehicle is in safe and working condition and has been properly registered, inspected, and maintained in accordance with all state and local laws, rules, and regulations governing the operation, maintenance, and inspection of such vehicles.
(2) 
The vehicle is properly equipped as required by Subsection C.
C. 
Required equipment. The vehicle at all times shall be equipped with the following items:
(1) 
Fishing equipment and bait/tackle for each person over 12 years of age.
(2) 
Tire gauge.
(3) 
Spare tire.
(4) 
Workable jack and board/support for jack in sand (3/4 inch by 12 inches by 12 inches plywood square minimum size).
(5) 
Twenty-five-foot tow chain/snatch line.
(6) 
Shovel.
(7) 
Flashlight.
(8) 
All-purpose two-and-three-fourths-pound chemical fire extinguisher, NFPA Standard 10.
(9) 
First-aid kit.
(10) 
Litter/trash bag.
(11) 
Minimum one-fourth tank fuel.
D. 
Location restrictions. No vehicles shall enter or leave the ocean beach except at: 1) Harding Avenue at the oceanfront in Ortley Beach; or 2) Second Avenue at the oceanfront in Ortley Beach. Once upon the beach, all vehicles shall remain in a corridor within 50 feet from the water's edge.
E. 
Prohibited activities. Eating, sleeping, and camping on the beach are prohibited at all times. In addition, it is unlawful to deposit wastes of any type, including but not limited to human, animal, vegetable, mineral or otherwise, upon the ocean beach.
F. 
Time permitted. The operation of privately owned motor vehicles is prohibited between May 15 and September 30 and permitted on a daily basis from October 1 through May 14. Permits issued pursuant to this section shall expire on the May 14 following the issuing date and must be renewed seasonally upon the same terms and conditions set forth in this article.
[Amended 4-9-2019 by Ord. No. 4631-19]
During the period when certain vehicles are permitted to be operated upon the ocean beach, they shall be so operated subject to and in conformance with the following provisions of Title 39 of the New Jersey Statutes:
A. 
N.J.S.A. 39:3-3 to 39:3-83, registration and licensing, equipment, tires and loads.
B. 
N.J.S.A. 39:6A-1 et seq. and 39:6B-1 et seq., no-fault insurance and compulsory liability insurance.
The following acts, prohibited by Title 39 of the New Jersey Statutes, shall also be deemed prohibited on the places of resort within the Township of Toms River:
A. 
N.J.S.A. 39:4-49.1, operating a motor vehicle with certain drugs in possession or in motor vehicle.
B. 
N.J.S.A. 39:4-50 to 39:4-50.6,[1] operating under the influence of liquor or drugs.
[1]
Editor's Note: N.J.S.A. 39:4-50.1, 39:4-50.4 and 39:4-50.6 have been repealed.
C. 
N.J.S.A. 39:4-52, racing.
D. 
N.J.S.A. 39:4-96, reckless driving.
E. 
N.J.S.A. 39:4-97, careless driving.
The speed limit upon any ocean beach within the municipality shall be 15 miles per hour.
For any and every violation of the provisions of this article, there will be a fine not exceeding $1,000 or not more than 90 days' imprisonment in the Ocean County Jail, or both.