Note: Ordinance history includes Ord. Nos. 1984-6; 1984-32;
1986-2; 1994-21; 1997-11; 2008-53; Ord. No. 2017-15 deleted and replaced the entire chapter. Amendments noted
where applicable.
[Amended 8-4-2020 by Ord. No. 2020-12; 6-1-2021 by Ord. No. 2021-26]
[Amended 6-1-2021 by Ord.
No. 2021-26]
Unless determined otherwise by a resolution of the Borough Council,
the general operating season shall commence on May 1 and continue
through October 15. During the operating season all persons using
the beaches and the ocean waters adjacent thereto during operating
hours shall obtain and display an appropriate beach badge as required
by the owner of the beach.
[Amended 6-1-2021 by Ord.
No. 2021-26]
a.
Hours. Daily operating hours at the oceanfront during the operating
season shall be as follows, except during inclement weather:
1.
Saturday, Sunday and holidays: 8:00 a.m. to 7:00 p.m.
2.
Monday to Friday: 8:00 a.m. to 7:00 p.m.
3.
Surfers, fishermen, and those using self-contained underwater breathing
apparatus (SCUBA) equipment may access the beach, at their own risk,
to surf, fish, or dive after the beach closes, but may not remain
on the beach when not surfing, fishing or diving.
4.
Exercising east of the mean high-water mark is permitted at all times.
Exercise classes may be held on the beach at any time with the permission
of the owner.
5.
Special events may be held on the beach after 7:00 p.m. Any and all required state, county, and/or local permits for any such events must be obtained. Any and all provisions of this section, including, but not limited, to Subsection b1, applicable during ordinary daytime operations shall be applicable to all such special events.
b.
Contraband.
1.
No one who operates a beach and charges a fee shall allow any employee
under the age of 18 to inspect patrons or their possessions for alcohol
and/or illegal or controlled substances.
2.
Oceanfront bathing is permitted only when lifeguards are on duty
regardless of operating hours. No person shall enter the bay or ocean
when lifeguards are not on duty, except with a surfboard, paddleboard
or the like, or while using self-contained underwater breathing apparatus.
Any such entry when lifeguards are not on duty is at the entrant's
own risk.
[Amended 6-1-2021 by Ord.
No. 2021-26]
All persons are restricted from remaining on the beaches after 7:00 p.m., except with special permission of the owner. Special events as referenced in Subsection 21-1.2a5 above shall constitute such special permission. Surfers, fishermen, and those using self-contained underwater breathing apparatus or exercising as described in Subsection 21-1.2a3 and 4 above may access the beach, at their own risk, to surf, fish, dive, or exercise after the beach closes, but may not remain on the beach when not surfing, fishing, diving or exercising.
[Amended 6-1-2021 by Ord.
No. 2021-26]
No person shall do any of the following things at or upon the
boardwalk and/or beaches or the ocean waters located in the Borough:
a.
Throw, drop, discard, dump, or leave any wastepaper, garbage, or
other refuse, or in any way litter, make unsightly, damage, destroy
or disfigure said beach, dune, water, or any public or private property.
b.
Sell, peddle or hawk any food, drink or confections, with the exception
of those licensed to do so by the Borough.
c.
Make any loud noise, sound or music to the annoyance of any other
person, or use loud, profane or indecent language.
d.
Play ball, or ride or operate a surfboard, or engage in any other
activity which will endanger another person or interfere with the
enjoyment of the quiet use of the beach.
e.
Take any intoxicating liquor upon the beach, or any glass containers
or bottles.
f.
Take or permit a dog to be or go upon the beach without a leash or
after 7:30 a.m. from May 15 to September 15; permit a dog to be on
or upon the boardwalk.
g.
Go into the water, or remain in the water:
h.
Molest or disturb any person in the peaceful enjoyment of said beach,
or bathing facilities.
i.
Refuse or neglect to obey the orders and directions of a lifeguard
as to time, place and distance for bathing, or resting on the sand,
or otherwise for social distancing, or interfere with or obstruct
a police officer or lifeguard in the performance of his or her duty.
j.
Operate a privately owned beach buggy or other motor vehicle on the
beach at any time, except with the permission of the owner of the
beach.
k.
Pursuant to N.J.S.A. 40:48-1 and N.J.S.A. 40:48-2, smoke or burn
a lighted cigar, cigarette or pipe, including any handheld electronic
device which vaporizes a liquid (e.g., e-cigarettes, e-cigs, electronic
nicotine delivery systems, electronic nonnicotine delivery systems,
personal vaporizers, PVs), or any other matter or substance which
contains tobacco on any property owned by the federal, state, county
or local government east of the entrance to the boardwalk or on the
beach;
l.
Bring any of the following onto a beach:
1.
Coolers larger than 13 inches in width, or length, or height and/or
has a capacity greater than nine quarts.
2.
Serving trays, warming trays, pots, pans, devices, equipment or utensils
utilized for the preparation or storage of food.
3.
Canopy-style sun shades bigger than seven feet by seven feet and
any size canopy-style sun shade with side walls, including tents and
tent clusters. Except that during daylight hours for sanctioned athletic
events and special events only, a tent may be as much as 10 feet by
10 feet with the express permission of those in charge of operating
the beach.
4.
Devices designed or used to shade infants and small children, also
known as "baby tents," larger than 36 inches high by 36 inches wide
by 36 inches deep.
5.
Umbrellas with a collapsible circular shade greater than eight feet
in diameter or radiating from a center pole greater than eight feet
in height or with grounding lines, ropes, or sides.
6.
Umbrellas, baby tents and canopies anchoring lines, tethers, or the
like that extend beyond the perimeter of the umbrella, the baby tent
or canopy.
7.
Tables or stands or boards or other devices positioned to function
as a table.
m.
Cook on the beach.
n.
Bring a drone onto or operate a drone on the beach without the permission
of the owner.
[Amended 6-1-2021 by Ord.
No. 2021-26]
The police in the municipality shall police the beaches, boardwalk,
and waterfront located in the Borough.
A municipal beach is hereby established for the public health,
recreation, bathing and entertainment.
The area lying to the east of the street ends known as Maryland
Avenue and Delaware Avenue and being commonly designated as the "Plaza"
area and having an approximate depth of 110 feet by an ocean frontage
of 450 feet.
The municipality shall arrange for the acquisition, use, and
maintenance of such safeguards, equipment and facilities as the Borough
shall deem necessary for the proper establishment and maintenance
of said place or resort for public health, recreation, bathing, and
entertainment.
The Borough shall arrange for lifeguards as the Borough shall
deem necessary for the proper maintenance of said municipal beach.
The hours of lifeguards shall be as set by Resolution of the Governing
Body.
The Police in the municipality shall police said beach.
In order to provide funds to improve, maintain and police the
municipal beach and to protect the same from erosion, encroachment,
damage by the sea, or otherwise, and to provide facilities and safeguards
for public bathing and recreation, including the employment of lifeguards,
reasonable fees shall be charged the person using said lands and bathing
facilities for access to the beaches and bathing and recreational
facilities from May 1 to October 15. These fees shall be set by Resolution
of the Governing Body.
No person shall do any of the following things at or upon the
municipal beach:
a.
Throw, drop, discard, dump, or leave any wastepaper, garbage, or
other refuse, or in any way litter, make unsightly, damage, destroy
or disfigure said beach, dune, water, or any public or private property.
b.
Sell, peddle or hawk any food, drink or confections.
c.
Make any loud noise, sound or music to the annoyance of any other
person, or use loud, profane or indecent language.
d.
Play ball, or ride or operate a surfboard, or engage in any other
activity which will endanger another person or interfere with the
enjoyment of the quiet use of the beach.
e.
Take any intoxicating liquor upon the beach, or any glass containers
or bottles.
f.
Take or permit his or her dog to be or go upon the beach or in the
water at any public bathing beach; except that any dog under the control
of a leash may utilize the municipal beach, and the approaches for
access only, between October 1st and April 30th, between the hours
of 8:00 a.m. and 3:00 p.m. of each year.
g.
Go into the water, or remain in the water:
1.
When it is unsafe to do so;
2.
When directed by a public lifeguard to come out of the water;
3.
When Intoxicated;
4.
Farther than directed by a public lifeguard; or
5.
In violation of a reasonable order of a public lifeguard when the
safety of the bather is or may be endangered by going into the water.
h.
Molest or disturb any person in the peaceful enjoyment of said beach,
or bathing facilities.
i.
Refuse or neglect to obey the orders and directions of a public lifeguard
as to time, place and distance for bathing, or interfere with or obstruct
a Police Officer or lifeguard in the performance of his or her duty.
j.
Operate a privately owned beach buggy or other motor vehicle on the
beach at any time.
k.
Pursuant to N.J.S.A. 40:48-1 and N.J.S.A. 40:48-2, smoke or burn
a lighted cigar, cigarette or pipe, including any handheld electronic
device which vaporizes a liquid (e.g., e-cigarettes, e-cigs, electronic
nicotine delivery systems, electronic non-nicotine delivery systems,
personal vaporizers, PVs), or any other matter or substance which
contains tobacco on any property owned by the Federal, State, County
or local government east of the entrance to the Beach;
l.
Bring any of the following onto the Beach:
1.
Coolers larger than 24 inches in width, or length, or height and/or
has a capacity greater than thirty-six (36) quarts.
2.
Serving trays, warming trays, pots, pans, devices, equipment or utensils
utilized for the preparation or storage of food.
3.
Canopy style sun shades bigger than 10' x 10' and any size canopy
style sun shade with side walls including tents and tent clusters.
4.
Devices designed or used to shade infants and small children, also
known as "baby tents," larger than 36 inches high by 36 inches wide
by 36 inches deep.
5.
Umbrellas with a collapsible circular shade greater than eight feet
diameter or radiating from a center pole greater than 7 feet 6 inches
in height, or with grounding lines, ropes, or sides.
6.
Umbrellas, baby tents and canopies anchoring lines, tethers, or the
like that extend beyond the perimeter of the umbrella, the baby tent
or canopy.
7.
Tables or stands or boards or other devices positioned to function
as a table.
m.
Cook on the Beach.
n.
Bring a drone onto or operate a drone on the Beach.
a.
Although there may be no long term defense for fixed oceanfront structures
against a constantly rising ocean level, effective protection of the
oceanfront and adjacent coastal areas in the intermediate term against
high tides and flooding and against damage by the ocean under storm
conditions requires sufficient elevation and breadth in the beach
and dune areas, hereinafter defined, to dissipate the force of the
waves. The dunes should provide an uninterrupted barrier and a source
of sand to mitigate the effect of storm waves for the benefit of the
entire Borough - interior lands as well as oceanfront premises - and
a beach for the recreational purposes of all. Accordingly, the Borough
has a vital interest in the continued maintenance and protection of
the beach and dune areas and in the right to cause their restoration
in the event of damage or destruction.
b.
Dune areas are vulnerable to erosion by wind, water, the absence
of good husbandry by those responsible for their maintenance and preservation,
and by indiscriminate trespass, construction or other acts which might
destroy or damage them.
A proven and available means of protecting dune areas against
erosion is by preventing indiscriminate trespassing, construction
or other acts which might destroy or damage them, and through the
aggressive use of native plantings supplemented, when necessary, by
sand fencing and other protective devices, or combinations thereof,
designed to prevent the erosion of dune areas and to promote the root
accumulations, normal contours and other features found in natural
dune systems.
c.
The beach area and dune area are dynamic and are not capable of rigid
definition or delineation, or of completely firm stabilization. They
can and do migrate, so that particular sites, at one time free of
dunes may, as the result of natural forces, become a part of the dune
area declared to be in the interest of the Borough to protect. Persons
owning, using or purchasing such property do so subject to the public
interest therein.
d.
It is a purpose of this section to define the areas so affected and
to establish regulations to assure their continued effectiveness.
e.
This section does not attempt to define and regulate all parameters
of dune delineation, function or management and the Borough Council
declares its intent to review and update this section periodically
to reflect appropriately new and beneficial knowledge treating of
such things as, but not limited to, upper driftline, elevated walkways
and buildings setback requirements.
f.
This section is declared to be an exercise of the police power in
the interest of safety and welfare for the protection of persons and
property.
For the purposes of this section, the following words shall
have the meaning given herein.
a.
Beach area shall mean that area between the mean high water line
of the Atlantic Ocean, in reference to the 1929 Sea Level Datum as
established by the U.S. Coast and Geodetic Survey and the seaward
edge of the dune as hereinafter defined.
b.
Seaward edge of dune shall be the line as identified on the adopted
Dune Reference Map of the Borough. The line shall also be the easterly
edge of the dune area as indicated on the adopted map.
c.
Upper driftline shall mean that line produced by the winter spring
tides (highest tides of the year) which contains oceanic debris (flotsam
such as seaweed, etc.) and the seeds, rhizomes, or detached plants
which can germinate and/or grow to produce a zone of new dune vegetation.
d.
Landward edge of dune shall be the line as identified on the adopted
Dune Reference Map of the Borough. The line shall also be the westerly
edge of the dune area as indicated on the adopted map. The landward
edge of dune shall also be the adopted 'Dune Reference Line'.
e.
Vegetation line shall mean that line connecting the most seaward
naturally occurring perennial plants with other such plants.
f.
Dune area shall mean that area between the seaward edge of the dune
and the landward edge of the dune.
g.
Beach area shall be all areas located easterly of the dune area as
shown on the adopted Dune Reference Map.
h.
Setback line shall mean that line parallel to the dune reference
line and located westwardly therefrom by the setback distances variously
specified by Borough ordinance or maps or any subsequent modification
thereof.
i.
Natural vegetation shall mean and include the terms "native vegetation"
or "indigenous vegetation." Specifically, it shall include such plants
as beachgrass (Ammophila breviligulata), dusty miller (Artemisia stelleriana),
sea rocket (Cakile edentula), seaside goldenrod (Solidago sempervirens),
bayberry (Myrica pensylvanica), beach pea (Lathyrus japonicus), salt
spray rose (Rosa rugosa), or seaside spurge (Euphorbia polygonifolia),
which normally grow or may be planted on the slopes of dunes or behind
them, no distinction being made as to how such plants are introduced
into their location. Beach Plum shall be included as an acceptable
plant.
j.
Walkway shall mean a constructed means of crossing the dune area
in accordance with drawings approved by Borough Council and on file
with the Borough Engineer.
k.
Sand fence shall mean and include the term "snow fence" of a barricade
type established in a line or a pattern to accumulate sand and aid
in the formation of a dune, such as:
l.
Dune consultant shall mean an expert on dunes and their care retained
by the Borough. In any periods during which no such expert is regularly
retained, it shall mean such other person designated by Borough Council.
This person shall serve at the pleasure of the mayor and council.
m.
Dune inspector shall mean that person designated by Borough Council
and approval by the dune consultant. The dune inspector and dune consultant
can be one in the same person or separate individuals as determined
by Mayor and Council.
[Amended 9-6-2022 by Ord.
No. 2022-21; 2-21-2023 by Ord. No. 2023-03]
a.
The setback line from the Dune Reference Line (Landward edge of dune)
is hereby established at ten feet. No construction activity whatsoever
shall be permitted in the areas of the Borough east of said line as
established on the adopted Dune Reference Map of the Borough of Point
Pleasant Beach except as provided in paragraph c herein.
b.
The first floor of any new or rebuilt residence structure built east
of Ocean Avenue within the Borough shall be at an elevation at least
as great as that specified in the flood damage prevention ordinance
or any subsequent modification thereof.
c.
No person shall be in the dune area unless:
1.
Upon an approved pathway, walkway or dune platform; or
2.
In the performance of such activities as may be reasonably and necessarily
required to construct or maintain the dune or allowed structures with
the permission of the owner; or
3.
For the purposes of enforcement of this section, the following shall
apply:
Only one pathway or walkway across the dune area is permitted
for each oceanfront residence. It shall run, generally, the shortest
practical course between the residents and the seaward edge of the
dune, and shall not exceed four feet in width. The walkover shall
be fenced on both sides through the use of sand fencing, split rail
fencing, or open hand rails. Any grading or excavation associated
with the installation of the walkover shall not result in the lowering
of the beach or dune design specifications. In the event that any
pathway or walkway shall be or become, in the opinion of the Borough
Engineer, a substantial detriment to the development and maintenance
of the continuous protective dune sought to be achieved by this section,
the owner of the premises shall be subject to the provisions of paragraph
i. of this subsection.
In addition to the pathway or walkway, each oceanfront lot shall
be allowed one dune platform not to exceed 200 square feet, situated
within the dune area and specifically located and delineated by the
owner of the premises. The dune platform shall, in all events, be
maintained in the same fashion and subject to the same regulations
as may govern the use of pathways and walkways. Dune platforms shall
comply with such specifications as may hereafter be adopted by resolution
of the Borough Council governing such structures. Where the Dune Reference
Line and Storm Damage Reduction Easement exist on the same property,
one dune platform, as defined above, shall be permitted within the
Storm Damage Reduction Easement area in addition to that permitted
east of the Dune Reference Line.
d.
The removal, cutting, burning, or destruction of natural vegetation,
sand fence or such other types of dune protection devices as may be
approved by the Borough Council in the dune area is prohibited, except
as necessary for construction authorized pursuant to paragraphs a
and c.
e.
The removal and grading of sand from the beach area or dune area
is prohibited unless an emergency has been declared in writing by
virtue of a written memorandum from the dune consultant to the mayor
and council consistent with all other governmental regulations governing
the same.
During the time of such declared emergencies, grading of sand
may take place only as directed and approved by the dune consultant.
f.
Any sand which is transported upon lands by action of wind, tides,
storms or any combination thereof shall not be removed from the lot
upon which it is deposited by such action if said sand is located
east of the landward edge of the dune (Dune Reference Line). To the
extent practicable, considering the utilization of the premises, such
sand as may be affirmatively relocated by the owner upon the lot shall
be moved eastwardly. Sand deposited upon any improved street ends
shall be restored into the beach and dune area.
g.
One of the purposes of this section is to achieve the maintenance
of sand dunes at the highest practical height. To this end, no dune
shall be directly or indirectly lowered or reduced in height by the
action or inaction of any owner or his agent. However, if any dune
shall be or become lower than the elevation deemed materially significant
by the dune consultant, applying recognized criteria, with due regard
to the intent of this section and reasonable use of the premises,
the owner thereof shall be obliged to install such sand fence and
plantings as may be prescribed by the dune consultant. The owner shall
have an obligation to maintain and replace, if necessary, these fences
and plantings but shall not be obligated to take any other affirmative
action, except as may be specified elsewhere in this section. If the
dune is lowered or caused to be lowered by the direct or indirect
action of any owner, then the dune shall, upon due notice to the owner,
be restored its immediately pre-existing elevation by the owner or
at his expense. The restored dune shall be planted and sand fenced
in accordance with specifications promulgated under this section.
h.
In order to provide for effective protection and/or restoration of
the dune area, each owner shall plant or cause to be planted in the
dune area adjoining his property suitable vegetation and erect, or
cause to be erected, suitable sand fencing all in accordance with
such standards as may be recommended by the dune consultant and adopted
by resolution of the Borough Council.
i.
The Borough dune inspector, and in his absence, the dune consultant
and in all events the Borough Council shall enforce the affirmative
duty of each oceanfront owner, as set forth in this section, by service
of a written notice, certified mail return receipt requested, upon
the record owner at his last known address as set forth in the Borough
tax rolls, requesting specific compliance with these obligations concerning
dune protection and/or restoration. The notice shall also advise that
unless the owner shall take appropriate corrective action and complete
the same within 30 days from the day of mailing said notice, the Borough
may perform such acts of protection and/or restoration at the expense
of the owner. Such expenditures by the Borough, if any, shall be due
and payable upon demand. In the event that any such owner shall fail
to pay, then the sum together with interest at the highest legal rate
thereon shall become a lien upon the property and be collected in
the same manner as delinquent real property taxes.
In addition to the action described above, the owner may, at the election of the enforcement officials or the Borough Council, be prosecuted for violation of this section in accordance with Subsection 21-2.4.
a.
For any and every violation of this section, the owner of lands abutting the beach or dune area where such violation has been committed, or the trespasser if the violation is of Subsection 21-2.3 paragraph c, or any violator, shall for each and every violation be subject to a fine of not more than five hundred ($500.00) dollars or 90 days in detention at the discretion of the court. Each and every day that such violation continues shall be considered a separate violation of this section.
[Added 8-4-2020 by Ord.
No. 2020-12]
[Amended 6-1-2021 by Ord.
No. 2021-26]
A municipal beach is hereby established for the public health,
recreation, bathing and entertainment.
[Amended 6-1-2021 by Ord.
No. 2021-26]
The area lying to the east of the street ends known as "Maryland
Avenue and Delaware Avenue" and being commonly designated as the "plaza"
area and having an approximate depth of 110 feet by an ocean frontage
of 450 feet.
[Amended 6-1-2021 by Ord.
No. 2021-26]
The municipality shall arrange for the acquisition, use, and
maintenance of such safeguards, equipment and facilities as the Borough
shall deem necessary for the proper establishment and maintenance
of said place or resort for public health, recreation, bathing, and
entertainment.
[Amended 6-1-2021 by Ord.
No. 2021-26]
The Borough shall arrange for lifeguards as the Borough shall
deem necessary for the proper maintenance of said municipal beach.
The hours of lifeguards shall be as set by resolution of the governing
body.
[Amended 6-1-2021 by Ord.
No. 2021-26]
In order to provide funds to improve, maintain and police the
municipal beach and to protect the same from erosion, encroachment,
damage by the sea, or otherwise, and to provide facilities and safeguards
for public bathing and recreation, including the employment of lifeguards,
reasonable fees shall be charged the person using said lands and bathing
facilities for access to the beaches and bathing and recreational
facilities from May 1 to October 15. These fees shall be set by resolution
of the governing body.
