[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.
The municipality shall have the right to protect said places
of resort and the lands thereof from erosion, encroachment and damage
by sea or otherwise, and construct and maintain public boardwalk and
walks and approaches thereto.
[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]
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.
[Amended 10-26-2017 by Ord. No. 1734; 3-22-2018 by Ord. No. 1743]
(1)
Holiday preseason beach badges shall be $60 per person when purchased
on or before December 31 or when the holiday preseason program ends.
[Amended 4-11-2019 by Ord. No. 1905; 11-9-2022 by Ord. No. 2022-25]
(2)
Preseason beach badges shall be $60 per person when available for
sale on May 1 and purchased no later than June 14, and will be $70
when purchased thereafter.
[Amended 4-11-2019 by Ord. No. 1905; 4-28-2022 by Ord. No. 2022-06]
(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.
[Amended 4-28-2022 by Ord. No. 2022-06]
(5)
Daily beach badges shall be $13 per person.
[Amended 4-15-2021 by Ord. No. 2021-12; 4-28-2022 by Ord. No. 2022-06]
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.
[Amended 3-22-2018 by Ord. No. 1743; 4-11-2019 by Ord. No. 1905; 6-13-2019 by Ord. No. 1908]
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.
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 shall be charged persons using the
public boat ramp located at 13th Avenue:
(a)
Season permit: $80 per boat or other water craft for a season
permit when purchased before June 14 and $100 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: $25 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.
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.
