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.
(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.
(8) All-purpose two-and-three-fourths-pound chemical fire extinguisher,
NFPA Standard 10.
(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, operating under the influence of liquor or drugs.
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.