A. 
The rules and regulations set forth in this article for the government, use, maintenance and policing of the dedicated beachfronts, other public beachfronts, whether or not dedicated, public walks, bathing beaches and bathing and recreational facilities, safeguards and equipment shall be observed by persons using the dedicated beachfronts described in §§ 148-6 and 148-7 of this chapter and by persons using any other public beachfronts, whether or not dedicated.
[Amended 5-12-1986 by Ord. No. 1875]
B. 
The Department of Recreation is hereby authorized and empowered to adopt such rules and regulations as may be necessary for the proper control and regulation of the beachfronts and waters adjacent thereto.
[Added 7-22-1991 by Ord. No. 91-2257[1]]
The Township Department of Recreation is hereby directed to erect signs at appropriate locations along the beaches, which shall state: "Unguarded Beach," "Swim at Your Own Risk," from Labor Day to Memorial Day each year where beaches are not protected by lifeguards or during seasons when funding is not available to staff beaches with lifeguards.
[1]
Editor's Note: This ordinance also repealed original § 5-2, Protected bathing areas, as amended 5-12-1986 by Ord. No. 1875, and original § 5-3, Lifeguards, from the 1975 Revised General Ordinances.
[Amended 5-25-1976 by Ord. No. 1090; 5-12-1986 by Ord. No. 1875; 12-21-2020 by Ord. No. 2020-3301]
The following acts are prohibited on public or private beaches within the Township of Middletown.
A. 
Climbing or defacing. No person or persons shall climb, cut, break, damage, deface, injure, remove or disturb any tree, bush, shrub, building, fence, bench or other structure or remove any shrub, bush or flower or mark or write upon any building, fence, bench or other beach structure.
B. 
Disrobing. No person or persons shall disrobe, dress or undress.
C. 
Animals. It shall be unlawful for any animal owner to permit his or her animal on any beach within the Township of Middletown.
D. 
Illegal drugs. No person or persons shall bring, consume, possess or be under the influence of any illegal or dangerous drugs.
E. 
Obscene figures. No person or persons shall model any obscene or nude figures.
F. 
Refuse. Dumping of refuse or littering is prohibited and all such refuse shall be placed in containers provided therefor.
G. 
Sand removal. No person or persons shall take away or haul away any beach sand.
H. 
Solicitation. No person or persons shall solicit any business.
I. 
Gambling or betting. No person or persons shall gamble or bet on any beach or park. This does not apply to legal online gambling in accordance with the rules of the state of New Jersey.
J. 
Vehicles. All unauthorized vehicles are prohibited from all beach areas.
K. 
Boating and fishing of any kind. No person or persons shall boat or fish in the bathing areas.
L. 
Intoxicating liquors. No person or persons shall bring or consume any intoxicating liquors.
M. 
Bicycles. No person shall ride a bicycle on any public walk at the beaches.
[Amended 5-25-1976 by Ord. No. 1090; 5-12-1986 by Ord. No. 1875; 12-21-2020 by Ord. No. 2020-3301]
The following activities are regulated on public or private beaches within the Township of Middletown.
A. 
Ball playing. No person or persons shall play baseball or engage in any ball playing at the bathing beaches during bathing hours, except in designated areas.
B. 
Fires. No fires, grills or cooking equipment of any kind will be permitted on public or private beaches within the Township of Middletown.
C. 
Holes. No hole shall be dug in such manner as to leave a depression more than 12 inches deep in the surface of said land.
D. 
Tampering with lifeguard equipment. No person or persons shall use or tamper with any boat or lifeguard equipment, including swimming area lines and buoys, except in case of emergency, without the permission of the beach manager.
E. 
Public assemblage. No person or persons shall hold, conduct or address any public assemblage unrelated to a sports or recreational activity, without first obtaining a written permit from the Middletown Police Department and the Department of Recreation.
F. 
Distribution and posting of matter. No person or persons shall distribute any circulars, cards or written matter or post, paste or affix any placard, notice or sign on the beach without first obtaining written permission from the Middletown Police Department and Department of Recreation.
G. 
Entertainment or exhibitions. Entertainment or exhibitions are permitted only by special written permit from the Department of Recreation.
H. 
Motorized vehicles. Motorized vehicles are restricted to parking lots and roadways.
I. 
Vending. No person or persons shall peddle, vend, sell or offer for sale any goods or merchandise on the dedicated beachfronts or other public beachfronts, whether or not dedicated, or public walks and parking areas without a permit, in writing, from the Department of Recreation.
J. 
No one is permitted on the beach between the hours of 10:00 p.m. and 7:00 a.m. except by permission from the Department of Recreation, except that the hours shall be limited to 7:00 a.m. and 8:00 p.m. from Memorial Day to Labor Day.
K. 
Fishing. A license is not needed for saltwater fishing (coastal river/ocean/bay), but catches must conform to NJ State species size and number limits. Fishing is prohibited in all beach bathing areas.
L. 
Personal watercraft. Motorized personal watercraft are prohibited. Nonmotorized personal watercraft, such as lightweight cart-top vessels such as kayaks, windsurfers, canoes, and stand-up paddle boards, for example, are permitted to be carried onto the beach for water access. When on the water, visitors must follow NJ State boating laws and Township rules and regulations. This includes wearing a US Coast Guard approved personal flotation device (type I, II, III, hybrid inflatable, or V).
[Amended 8-22-1988 by Ord. No. 2063; 5-1-2006 by Ord. No. 2006-2876]
Any person adjudicated as having violated any provision of this chapter shall be subject to the penalties in Chapter 1, General Provisions, § 1-4, of this Code.