[Adopted 11-8-2010 by Ord. No. 2010-23]
The specially protected area is described as follows: the area on the beachfront in the Borough of Beach Haven bordered on the westerly side thereof by the building line as heretofore established, on the easterly side by the high waterline of the Atlantic Ocean, on the northerly side by the southerly sideline of Leeward Avenue as if the same were extended to intersect the mean high waterline of the Atlantic Ocean and on the southerly side by the southerly sideline of Nelson Avenue as the same might be extended to intersect the mean high waterline of the Atlantic Ocean.
The purpose of this special protection area is to protect and preserve from damage the geo-tubes which were installed during the year 2010 by the Borough of Beach Haven and the State of New Jersey Department of Environmental Protection to provide storm damage protection for the homes in the area lying generally westerly of where the geo-tubes were installed.
A. 
The operation of motor vehicles of all kinds and descriptions and construction equipment of all kinds and descriptions other than by police officers, lifeguards and employees, contractors or agents of the Borough of Beach Haven is prohibited.
B. 
The use of beach umbrellas which penetrate the surface of the sand is prohibited.
C. 
Digging in the sand in the protected area, except by children 12 years of age or under using only plastic shovels or their hands, with any implement whatsoever is prohibited.
D. 
The possession of any shovels or any tools of any sort, kind or description with metal edges or metal tips capable of piercing the fabric of the geo-tubes is prohibited.
E. 
Exceptions to prohibited conduct, activities and possession of tools and implements. The owner or owners of any oceanfront home in the specially protected area may erect, personally or through the use of contractors, snow fence and other beach protection devices upon receiving approval as to the location thereof from the Borough Engineer. The Borough Engineer's approval shall be based upon a survey made by a licensed New Jersey surveyor and provided by the homeowner or homeowners. The survey shall show the proposed location of the snow fence or other dune protection devices in relation to the bulkhead line and the building line as shown on the Borough's building line and bulkhead line map.
A. 
The provisions of this article shall be enforced by any member of the Police Department of the Borough of Beach Haven, any lifeguards employed by the Borough of Beach Haven, or any beach badge checker employed by the Borough of Beach Haven.
B. 
This article may also be enforced by any resident of the Borough of Beach Haven by appearance before the Administrator of the Municipal Court of the Borough of Beach Haven and the execution by such complainant of an appropriate complaint prepared by the Administrator of such Court.
C. 
Any violations of this article shall be heard in the Municipal Court of the Borough of Beach Haven.
Violations of this article shall be punished in accordance with § 1-16 of this Code.
The Mayor and Council of the Borough of Beach Haven may, by the adoption of an appropriate resolution, designate additional areas as a special protection area where the Mayor and Council determine that there is reasonable necessity to create such an additional special protection area in order to protect and preserve property values in the Borough of Beach Haven and homes in the Borough of Beach Haven.