[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Beaches, Licenses and Badges, adopted 11-27-1973 by Ord. No. 1378 as Ch. 46, Art. I, of the 1973 Code, as amended.
The Township of Toms River, in the County of Ocean, hereby authorizes the establishment and maintenance of paid municipal bathing beaches at each of the following general locations in this municipality:
A. 
At the Atlantic Ocean front, Ortley, between Second Avenue and Fifth Avenue, except in front of Lot Nos. 158 and 159 in Block 1001-2, on lands owned or possessed by said municipality.
B. 
At Atlantic Ocean front, Ortley, between the southerly line of Seventh Avenue and the southerly line of Block 1057, on lands owned by said municipality.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, regarding Island Beach, was repealed 12-28-2022 by Ord. No. 4765-22.
D. 
At Shelter Cove, on the west side of Barnegat Bay, on lands owned by the municipality known as "Lot Nos. 101 and 102, Block 444."
E. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection E, regarding Money Island, was repealed 12-28-2022 by Ord. No. 4765-22.
The municipality reserves the right to establish, change or abolish the precise location of any one or more of said bathing beaches referred to in the preceding section hereof, from time to time by resolution or order, as safety and attending circumstances shall require.
The governing body of this municipality also reserves unto itself the right to determine and resolve the period during each year when each of said paid bathing beaches shall be opened and closed.
No person over the age of 12 years shall use any of said bathing beaches without first paying the proper license fee for such use and getting and possessing a municipality-issued badge to evidence the payment of such fee.
A. 
The "bathing season," as referred to herein, shall mean that portion of the year between when the municipal bathing beaches are opened by the Township of Toms River and the time when said bathing beaches are closed in the same year by the municipality. An appropriate beach badge shall be given to each person when the proper fee is paid for that period of time.
B. 
The Director of Recreation is hereby authorized to annually establish license fees, senior citizen identification card fees, and other fees for access to and use of Township beaches. All fees established pursuant to this provision, and any increases or reductions thereto, must be approved by the Business Administrator, the Chief Financial Officer, and by resolution of the Township Council.
[Amended 3-8-2011 by Ord. No. 4306-11; 6-26-2012 by Ord. No. 4359-12; 2-9-2021 by Ord. No. 4691-21; 10-26-2022 by Ord. No. 4756-22]
C. 
Senior citizens, defined as persons 62 years of age and over, may access Township beaches free of charge, upon presentation of a senior citizen beach identification card issued by the Township, as follows:
[Amended 11-29-2011 by Ord. No. 4334-11; 6-26-2012 by Ord. No. 4359-12]
(1) 
The card may be obtained from the Department of Recreation upon appropriate proof of age.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(2), regarding a one-time administrative fee, was repealed 10-26-2022 by Ord. No. 4756-22.
(3) 
To receive the benefit conferred by this provision, the identification card must be presented each time the cardholder intends to access the beach. Otherwise, regular fees apply.
(4) 
The card has no expiration and is valid for the life of the cardholder.
(5) 
The card may be used only by the person to whom it is issued and is nontransferable.
(6) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C(6), regarding the cost of replacement cards, was repealed 10-26-2022 by Ord. No. 4756-22.
No person over the age of 12 years shall bathe at or otherwise use the lands, facilities or privileges of any of said municipal bathing beaches without having first acquired, and then having in his or her possession, a proper and effective badge, license or permit to use the municipal beach.
Each and every badge, permit, license and privilege granted pursuant to this article is and shall be under and subject to all effective rules, regulations and ordinances of said Township of Toms River, particularly Ordinance No. 488,[1] finally adopted by the governing body of said Township on February 25, 1958, and still in full force and effect.
[1]
Editor's Note: Said Ord. No. 488 was repealed 12-9-2008 by Ord. No. 4168-08. For current provisions, see Art. II of this chapter.
No person shall loan, give, rent or sell any beach badge to any person subsequent to the original issuance. No person shall, under any circumstances, use a beach badge issued for another person.
No person shall make any false statement to said municipality or its agent or employee, in connection with the use or proposed use of any municipal bathing beach by himself, herself or any other person.
A. 
A child not over the age of 12 years shall not be required to purchase or pay for any beach badge or permit for the use of any municipal bathing beach or facility.
B. 
No child 12 or under shall be permitted on the beach unless accompanied by an adult with a badge.
Any person convicted of a violation of any provision of this article shall suffer a penalty of a fine of not more than $100 or imprisonment in the common jail of the County of Ocean for a term of not more than 30 days, or both, at the discretion of the Judge before whom such conviction is had.
The municipality reserves unto itself and its representatives, agents, officials and employees the right to do any of the following:
A. 
Revoke a beach badge and all rights and privileges thereunder if the holder of such badge conducts himself or herself at any municipal bathing beach in any manner so as to violate any of the provisions of § 175-1 of Article I of this chapter. In the event of such revocation, the fee paid for the beach badge need not be refunded.
B. 
Challenge the age of any child appearing to the municipal representatives or employees at the beach to be over 12 years of age, and demand proof of age of any such child.