[Adopted 3-5-1965 by Ord No. 626 (Ch. 9, Art. I, of the 1970 Borough Code)]
[Amended 6-25-2015 by Ord. No. 1676]
There is hereby established a place of resort for public health, recreation, bathing and entertainment, including construction and maintenance of boardwalk, bathing and recreational facilities, safeguards and equipment, in this Borough, on the oceanfront, bay shore, and upon the lands owned by this municipality fronting upon the Atlantic Ocean and along Barnegat Bay, as shall be designated by the Mayor and Council.
Said places of resort for public health, recreation, bathing and entertainment shall be maintained by this municipality after the effective date of this article.
The municipality shall acquire, construct, use and maintain such safeguards, equipment and facilities as shall be necessary in the proper establishment and maintenance of said places of resort for public health, recreation, bathing and entertainment. The municipality shall have the right and authority to purchase, rent or otherwise acquire lifeboats, ropes, poles and other safeguards, recreational facilities and equipment for the recreation, protection and safeguard of human beings at said places of resort while bathing or otherwise at said places of resort.
The municipality shall engage, hire and pay such lifeguards and such other personnel as shall be required for the proper maintenance of said place of resort.
The municipality shall have the right to police said place of resort and to hire, engage and pay such police officers and policemen as shall be necessary for the proper policing of said place of resort.
[1]
Editor's Note: See Ch. 62, Police Department.
[Amended 2-12-2009 by Ord. No. 1472; 3-25-2010 by Ord. No. 1510; 6-24-2010 by Ord. No. 1525; 6-24-2010 by Ord. No. 1526; 12-8-2011 by Ord. No. 1581; 4-26-2012 by Ord. No. 1594; 7-26-2012 by Ord. No. 1605; 9-26-2013 by Ord. No. 1635; 10-23-2014 by Ord. No. 1660; 2-26-2015 by Ord. No. 1665; 3-26-2015 by Ord. No. 1670; 7-28-2016 by Ord. No. 1708; 10-26-2017 by Ord. No. 1734; 3-22-2018 by Ord. No. 1743; 4-11-2019 by Ord. No. 1905; 6-13-2019 by Ord. No. 1908; 4-15-2021 by Ord. No. 2021-12; 4-28-2022 by Ord. No. 2022-06; 11-9-2022 by Ord. No. 2022-25; 4-4-2024 by Ord. No. 2024-09; 10-3-2024 by Ord. No. 2024-24; 2-20-2025 by Ord. No. 2025-03; 5-1-2025 by Ord. No. 2025-06]
In order to provide funds to improve, maintain and police said places of resort and to protect the same from erosion, encroachment and damage by sea or otherwise, and to provide facilities and safeguards for public bathing and recreation, including the employment of lifeguards, the following reasonable fees shall be charged for persons 12 years of age and over using said lands and bathing facilities for access to the beach and bathing and recreational facilities. All beach fees will be waived to persons in active military service in any of the Armed Forces of the United States and to their spouse or dependent children over the age of 12; active members of the New Jersey National Guard who have completed initial active duty training and to their spouse or dependent children over the age of 12; and veterans who have served in any of the Armed Forces of the United States and who were discharged or released under conditions other than dishonorable and who either have served at least 90 days in active duty or have been discharged or released from active duty by reason of an actual service-incurred injury or disability. In lieu of presenting a municipal beach tag to gain free admission to certain bathing beaches, the above-mentioned military personnel, veterans, their spouse and dependent children must present a valid military identification card, form DD-214 or similar document, or state driver's license or identification card indicating that the holder is a veteran of the Armed Forces of the United States in lieu of presenting a municipal beach tag to gain admission to beaches.
A. 
Beach badges.
(1) 
Holiday preseason beach badges shall be $60 per person when purchased on or before December 31 or when the holiday preseason program ends.
(2) 
Preseason beach badges shall be $65 per person when available for sale on May 1 and purchased no later than June 14 and will be $70 when purchased thereafter.
(3) 
Senior citizen beach badges shall be $20 per person who is considered to be 65 years of age or older with proof of age.
(4) 
One-week beach badges shall be $40 per person for a one-week beach badge. Each beach badge shall be in effect from the opening of the beach each Saturday morning during the summer season until the closing of the beach the following Saturday afternoon.
(5) 
Daily beach badges shall be $13 per person.
(6) 
Surplus beach badges no longer needed for public use shall be made available to the public for sale as souvenirs, as may be determined by the Mayor and Borough Council, and shall be sold as follows:
(a) 
Souvenir beach badges shall be sold at a cost of $10 per souvenir beach badge; and
(b) 
There shall be a limit of two souvenir beach badges per customer per badge year; and
(c) 
Souvenir beach badges shall be sold in "as is" condition without any express or implied warranties; and
(d) 
Souvenir beach badges shall be sold on a first-come first-served basis; and
(e) 
In the discretion of the Mayor and Borough Council, souvenir beach badges shall be sold in the off-season in Borough Hall, and in the summer months at Borough Hall and at Beach Headquarters, during the normal hours of operation, or such other time and place as the Mayor and Borough Council shall designate, from time to time; and
(f) 
The sale of such souvenir beach badges shall be dependent on availability and in the discretion of the Mayor and Borough Council.
B. 
A $275 seasonal parking permit may be purchased and enable the holder to park anywhere that parking spaces are metered 24 hours a day, seven days a week, except during restricted hours of the parking lots. The sticker will be affixed in the rear left corner window; and shall be assigned to one vehicle, first-come first-served.
C. 
Daily permits: $10 per person for a daily permit on weekdays and $10 per person for a daily permit on holidays and weekends.
D. 
Special event permits. The Mayor and Borough Council, in their sole discretion, shall have the authority to issue permits for special events to be conducted on or over the Ocean Beach, Bay Beach, and/or any recreational areas within the Borough of Seaside Park. Fees and regulations are hereby established for non-Borough-sponsored events that take place on Borough property, including, but not limited to the beach, bay, boardwalk and/or recreational areas. Special events are defined as any filming, walkathon, bikeathon, running group, block party, four-wheel-drive vehicles allowed on the beach or any organized group of 25 or more people gathered for a common purpose or goal using a public street and/or right-of-way of the beach, bay, boardwalk and/or recreational area with the Borough of Seaside Park for a specific purpose to the exclusion of the public. Prior to any permits being issued hereunder, the organizer of the special event shall apply in writing to the Borough Clerk requesting permission to conduct the event. The Mayor and Borough Council may refuse to grant permission to conduct the event if, in their sole discretion, the event would be detrimental to the health, safety and welfare of the participants, the other members of the public using the ocean or bay beaches, boardwalk, recreational area or to the Borough of Seaside Park.
(1) 
If a special event takes place at a location during which time a beach badge is required for entry and/or use, then each person participating in this event will be required to have a beach badge.
(2) 
Minimum registration fee for a special event permit is $25 and includes the processing of the completed application form/permit and any additional fees that may be required for requested and/or needed Borough services.
(3) 
Minimum registration fee for a filming permit is: for-profit, $200; nonprofit: $50, and includes the processing of the completed application form/permit and any additional fees that may be required for requested and/or needed Borough services.
(4) 
Additional fees that may be added to the basic administrative charge of $25 are as follows:
(a) 
Daily four-by-four vehicle permit: $10 per day.
(b) 
Parking lot(s) w/i hours of operation: $1,500 per lot; $750 per half day.
(c) 
Department of Public Works:
[1] 
Employee: pre-event set-up, maintenance of area, post-event clean-up: $55 per hour.
[2] 
Provide trash receptacles, barricades: $5 per set.
[3] 
Use and maintenance of public restrooms: $100 per day.
[4] 
Tables/extension cord: $10 per.
[5] 
Paint for marking lines: $3 per can.
[6] 
Pickup truck: $25 per hour.
[7] 
Roll-off truck and container: $57 per hour.
[8] 
Garbage truck: $57 per hour.
[9] 
Front-end loader (large): $62 per hour.
[10] 
Compact loader: $38 per hour.
[11] 
Backhoe: $43 per hour.
[12] 
Street sweeper: $74 per hour.
[13] 
Beach cleaner: $60 per hour.
(d) 
Police Department: The police department will provide a separate contract that will be specific to the type of safety needed for the event. The approved hourly rate will be applied to the event and based on the length of the event, anticipated crowd, and security needs expected.
(e) 
Fire Department: $30 to $100.
(f) 
Tri-Boro First Aid: $30 to $100.
(g) 
Street closure: $25 per street.
(h) 
Activity fee: 1% of gross.
(i) 
Escrow (based on anticipated attendance):
[1] 
1 to 1,000 people: $150.
[2] 
1,001 to 2,500 people: $250.
[3] 
2,501 to 5,000 people: $500.
[4] 
5,001 to 7,500 people: $750.
[5] 
7,501 to 10,000 people: $1,000.
[6] 
10,000 people plus: $2,500 minimum fee based on services required.
E. 
Use of public docks, boat ramp and bayfront.
(1) 
Public docks. The holders of permits described above will be entitled to use the public docks located at 14th Avenue and Fifth Avenue.
(2) 
Boat ramp. The following fees, which may be set by the Governing Body by adoption of resolution, shall be charged to persons using the public boat ramp located at 13th Avenue:
(a) 
Season permit: An amount not to exceed $300 shall be charged per boat or other water craft for a season permit when purchased before June 14 and an amount not to exceed $400 shall be charged when purchased thereafter. The holders of these season boat ramp permits are not required to have a season, weekly or daily beach permit described above.
(b) 
Daily permit: An amount not to exceed $50 shall be charged for a daily permit, which shall entitle the holder to launch and/or remove no more than one boat or other water craft.
F. 
Each and every permit issued hereunder shall be evidenced by a button, ticket, coin or otherwise, as may be determined by the Mayor and Borough Council from time to time. The same shall be prominently displayed on each person's bathing suit or other attire only when badges are available for purchase.
G. 
On said public beach the Mayor and Council shall designate, from time to time, areas to be used for protected bathing, surfing, fishing and other activities.
H. 
The Mayor and Council shall designate the hours of each day when the beaches shall be open to the public, at which times the rates set forth herein shall be charged.
I. 
Persons desiring to obtain permits as hereinabove described under Subsections A, B, C and D may obtain said permits at Beach Headquarters located at Decatur Avenue and the Boardwalk during the normal hours of beach operation. Said beach permits may also be obtained at such additional locations as determined by resolution of the Mayor and Borough Council.
[Amended 6-19-1997 by Ord. No. 1216; 5-20-1999 by Ord. No. 1249]
No person shall do any of the following things at or upon the said place of resort for public health recreation, bathing and entertainment:
A. 
Throw, drop, discard or leave any wastepaper, garbage or other refuse; or sell, peddle or hawk any food, drink or confections.
B. 
In any way litter, make unsightly, damage, destroy or disfigure the said beach or any public or private property thereat.
C. 
Make any loud noise, sound or music to the annoyance of any other person.
D. 
Use loud, profane or indecent language.
E. 
Play ball or any other game or engage in any activity which will endanger another person or interfere with the enjoyment of the quiet use of the beach or public boardwalk or the said place of public resort by another person.
F. 
Intoxicating liquor[1] shall not be taken upon any public beach or public boardwalk.
[1]
Editor's Note: See Ch. 119, Alcoholic Beverages.
G. 
Take or permit his or her dog[2] to be or go upon beach or in the water at the public beach or upon the public boardwalk.
[2]
Editor's Note: See § 127-15 in Ch. 127, Animals.
H. 
Go into the water at any beach when:
(1) 
It is unsafe to do so.
(2) 
When directed by public lifeguard to come from said water.
(3) 
When intoxicated.
I. 
No person shall remain in the water at bathing beach when:
(1) 
It is unsafe to do so.
(2) 
When directed by public lifeguard to come from said water.
(3) 
When intoxicated.
J. 
Shall molest or disturb any person in the peaceful enjoyment of said beach, boardwalk or bathing facilities.
K. 
Do anything which shall endanger the life or safety of himself, herself or any other person.
L. 
Dump or throw garbage or other refuse in water at the bathing beach.
M. 
Go out in water at bathing beach farther than directed by public lifeguard, or in violation of reasonable order of lifeguard when safety of bather is or may be endangered by going in water.
N. 
Refuse or neglect to obey the orders and directions of public lifeguards as to time, place and distance for bathing.
O. 
Interfere with or obstruct a police officer or lifeguard in the performance of his duty.
P. 
Operate a privately owned motor vehicle on a public boardwalk at any time.
Q. 
Take or permit any glass container, glass bottle or glass jar onto the beach.
R. 
Refuse to permit the inspection of any cooler upon entry onto the beaches, parks, piers, wharves, and any other public recreational facility or at the request of any employee of the Borough. Any person seeking to enter the above-referenced facilities shall be deemed to have consented to an inspection of all coolers otherwise he or she shall be prohibited from bringing a cooler onto the said public recreational facilities.
[Added 6-11-2008 by Ord. No. 1447; amended 7-22-2010 by Ord. No. 1539]
S. 
Restrictions on the use of umbrellas and other fixtures on the beach.
[Added 10-12-2017 by Ord. No. 1735]
(1) 
Umbrellas with a collapsible circular shade no greater than eight feet in diameter stretched over hinged ribs radiating from a center pole no greater than seven feet six inches in height, and without grounding lines, ropes, or sides, are permitted on the beach.
(2) 
Devices designed or used to shade infants and small children, also known as "baby tents," no larger than 36 inches high by 36 inches wide by 36 inches deep, are permitted on the beach. Guests with infants and small children who wish to use a small sport-brella-style beach shade device, one which does not exceed nine feet, may be directed to set up on the west side of the beach west of the public garbage cans and east of the dune line so that the device does not block the view of other guests.
(3) 
Canopy-style sun shades 12 feet by 12 feet and less without side walls or screens are permitted on the beach; may be directed to set up on the west side of the beach west of the public garbage cans and east of the dune line so that the device does not block the view of other guests. Canopy-style sunshades shall be placed no less than 15 feet apart from another canopy.
(4) 
Umbrellas, baby tents, canopies and small sport-brella beach shade devices shall be secured such that uncontrolled movement of the device is restricted. Umbrellas, baby tents, canopies and small sport-brella beach shade devices when secured with fasteners, stakes, weights, or the like shall not endanger beach patrons. Anchoring lines, tethers, or the like shall not extend beyond the perimeter of the baby tents, canopies and small sport-brella.
(5) 
No person shall locate an umbrella, baby tent, canopy, or small sport-brella beach shade device in an area obscuring a lifeguard's view of the ocean or in an area impeding a lifeguard's egress from a lifeguard stand, as determined by a lifeguard.
(6) 
Umbrellas, baby tents, canopies and small sport-brellas shall be removed from the beach daily.
(7) 
Excluding umbrellas, baby tents, canopies and small sport-brella beach shade devices described above in this section, other shading devices, including, without limitation, tents, tarps, canopies larger than 12 feet by 12 feet, canopies with side walls and screens, cabanas, pavilions, temporary restroom facilities, and similar devices, or any materials mounted on supports are prohibited except in connection with an approved special event or ceremony.
(8) 
Ganged shade devices of any type (i.e., shade devices that are physically attached to each other) and the use of tie outs for shade devices are prohibited.
All provisions of this article shall be applicable to and shall pertain to the Fifth Avenue Beach on Barnegat Bay of this municipality and such other beaches on the bayfront as may be designated by the Mayor and Council, with the exception of § 135-7C.
[Amended 6-19-1997 by Ord. No. 1216]
A. 
Any person, firm, corporation or public agency that shall be convicted of a violation of this chapter shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be subject to the general penalty in Chapter 1, Article II, General Penalty, of the Borough Code.
[Amended 5-2-2013 by Ord. No. 1615]
B. 
In addition to the above penalties, the Seaside Park Beach Patrol, Beach Control, Code Enforcement Officer(s), Police Department or other duly authorized officers or employees are hereby empowered to pursue such legal and equitable relief as may be necessary to abate any violation or enforce any condition of this article.