[2000 Code § 5-1; New]
a.
For
the protection of the general public and for the control of the beachfront
of the City, the Mayor and Council shall by resolution each year designate
a date for the opening of the beach season at the beachfront to the
general public and residents of the City. The beach season shall commence
and extend until a date set forth in the same resolution. The City
shall adopt daily and seasonal beach pass fees as well as other rental
fees by ordinance as required by law.
b.
No
person is permitted upon the beachfront of the City during the times
that the beach season is in operation except upon payment of the fees
established by the Mayor and Council for a daily or seasonal beach
pass.
c.
By
resolution the Mayor and Council shall designate the protected bathing
beaches where ropes, buoys, boats and lifeguards are to be provided
by the City, and from which beaches persons shall bathe, swim or surf.
[2000 Code § 5-2.2; New]
Every person over the age of twelve (12) years entering the
beach shall be furnished with a badge, check, coupon book or other
insignia, which shall be numbered or marked for identification purposes,
and those which can be displayed shall be worn conspicuously and shall
be visible at all times, and shall be exhibited on demand to the beach
inspectors, the gate tenders or the Police of the City.
[2000 Code § 5-2.3; New]
All badges, or other insignia issued shall be for the exclusive
use of the badge holder, and shall not be loaned, given, sold or transferred
to any other person, and shall be used only by the person to whom
originally issued.
[2000 Code § 5-3.1; New]
During the beach season there shall be a charge for a seasonal
badge. Fees and hours and dates of operation of the beaches are set
each year by ordinance. A schedule of those fees and times are available
at the office of the City Clerk.
[2000 Code § 5-9]
Any person losing his badge, check, coupon book or other insignia
shall lose his rights and privileges and shall apply for a new badge,
check, coupon book or other insignia, paying the necessary monthly,
seasonal or daily fee as the case may be. No replacement badges shall
be issued.
[2000 Code § 5-3.3; New]
There shall be no charge for children the age of twelve (12)
years and under for use of the bathing beaches. All children twelve
(12) years and under must be accompanied by an adult.
[2000 Code § 5-3.4; New]
The City of Asbury Park shall make available to operators of
any hotel, motel or rooming house laminated beach badges which will
permit guests admittance during the beach season with the following
provisions and rates:
a.
Upon application at the beachfront office, seasonal beach badges
may be purchased at the rate established by ordinance of the City.
The beach badge shall admit the bearer to any beach within the City.
It shall be the responsibility of the hotel, motel or rooming house
operator to regulate and control the use of the beach badge.
b.
Should a beach badge be lost or stolen, it shall be replaced for
a fee as established by the City. All rights and privileges of the
lost or stolen beach badge shall be void.
[2000 Code § 5-5; New]
The charges for the use of the beaches are made for the purpose
of providing revenue to improve, maintain and police the beachfront;
to provide bathing beaches, lifeguards, boats, ropes and other facilities,
safeguards and equipment for public bathing and recreation, and to
provide for all equipment for the protection and safety of bathers
and swimmers using the beachfront, and provide funds to protect the
beach from erosion, encroachment and damage by the sea or otherwise.
Fee revenues shall also be applied for litter collection and disposal,
boardwalk repair, beach cleaning, street sweeping and those expenses
approved by the Division of Local Government Services.
[2000 Code § 5-6]
The Mayor and Council may employ registrars, cashiers, inspectors,
gatemen, lifeguards and such other employees as shall be necessary
to enforce the provisions of this chapter, and to purchase books,
stationery, badges, checks, coupon books or other insignia and such
other supplies and materials as may be necessary.
[2000 Code § 5-7.1]
In addition to the rules and regulations hereinafter enumerated
governing the beachfront, the Mayor and Council may adopt by resolution
such other rules and regulations as may be necessary for the proper
control and regulation of the beachfront and waters adjacent thereto.
[2000 Code § 5-7.2]
No person shall bathe or swim from the beachfront except from
the protected bathing beaches where ropes, buoys, boats and lifeguards
are provided by the City and only at such times as the lifeguards
are on duty. No person shall bathe or swim in the Atlantic Ocean from
the Asbury Park beach at a distance greater than that which the lifeguards
in charge shall deem safe.
[2000 Code § 5-7.3]
No person shall use or tamper with any boat, buoy or lifeguard
equipment without the permission of the Beachfront Director, the Captain
of the lifeguards, or such other officials designated by the Mayor
and Council to have authority in these instances.
[2000 Code § 5-7.4; Ord. No. 2015-29]
Lifeguards shall be maintained on duty at the protected bathing
beaches herein established, between 9:00 a.m. and 5:00 p.m. daily
during the beach season, except at such times when bathing or swimming
shall be deemed dangerous or hazardous by the Beach Safety Supervisor,
the lifeguards in charge of the beach, or other official designated
by the Mayor and Council. When such dangerous conditions exist, a
sign shall be displayed indicating that the beach is closed to bathing
or swimming, and no person shall bathe or swim in waters adjacent
to the beach, whether protected or not, at any time until the signs
are removed. Lifeguards shall have charge and control and supervision
of the bathing, swimming and surfing at the respective beaches where
they are stationed.
[2000 Code § 5-7.5]
No person shall engage in surf fishing in the bathing area during
bathing hours.
[2000 Code § 5-7.6; Ord. No. 2015-29]
No person shall engage in kite flying and/or athletic activities
unless in areas designated by lifeguards or the special events supervisor.
[2000 Code § 5-7.7]
No person shall disrobe or undress or dress on the beachfront
or in the water adjacent thereto, or on a public street, or in a public
place, or in a vehicle on a street, or on the boardwalk immediately
adjacent to the beachfront.
[2000 Code § 5-7.8]
No person shall throw bottles, cans, paper, or other refuse
upon the beachfront or the waters adjacent thereto. All refuse, paper
and litter shall be placed in receptacles provided therefor.
[2000 Code § 5-7.10; Ord. No. 2797; Ord. No. 2909; Ord. No. 2018-17]
No person shall ride and/or use a bicycle, skateboard, rollerskates,
sled, toboggan, and/or similar items, on the boardwalk or any of the
arcades, public walks, ramps and public sidewalks adjacent thereto
or any portion of the beachfront, except that bicycle riding shall
be permitted between the hours of 12:00 a.m. and 10:00 a.m. No bicycle
riding shall, however, be permitted at any time on any portion of
the boardwalk located north of Sixth Avenue.
[2000 Code § 5-7.19]
No person shall place bicycles, baby carriages or any other
vehicles or carts upon the beachfront or boardwalk within fifteen
(15) feet of a publicly designated entrance to the beachfront.
[2000 Code § 5-7.12]
No person shall enter the beachfront or beach area, or bring
any article or object upon the beachfront or beach area, except through
a designated entrance.
[2000 Code § 5-7.11]
No person shall climb over, break, damage or deface any fence,
railing, enclosure or other Municipal property on the boardwalk or
the beachfront. No person shall take or haul any beach sand or soil
from the beachfront.
[2000 Code § 5-12]
No person shall drive a vehicle on the boardwalk or park a vehicle
east of the east line of Ocean Avenue without a written permit from
the City Manager
[2000 Code § 5-7.15]
No hole shall be dug in the beachfront in such a manner as to
leave a depression more than twelve (12) inches deep in the surface
of the land.
[2000 Code § 5-7.16; Ord. No. 2015-29]
No persons shall use surf boards or rafts or other appliances
which might cause injury to bathers or swimmers upon the beach sand
or the beachfront or in the waters adjacent thereto, unless in areas
approved and designated by lifeguards.
[2000 Code § 5-7.17]
No person shall enter into the designated lifeguard area without
the permission of the lifeguard in charge and no person shall molest
or bother or annoy the lifeguards in the performance of their duties.
[2000 Code § 5-7.18]
No person shall start a fire on the beachfront, except with
the written permission of the Beach Director or such other official
designated by the Mayor and Council.
[2000 Code § 5-7.14; Ord. No. 2882]
No person shall bring or consume any beer, wine, whiskey or
other alcoholic beverages on the beachfront or in the waters or on
the boardwalk adjacent thereto, except for those areas of the boardwalk,
or other public areas, for which appropriate approvals have been granted
by the City, including but not necessarily limited to the issuance
of a license for café purposes pursuant to Chapter IV, General
Licensing, along with the approval of an extension of an existing
liquor license by the Mayor and Council acting as the local issuing
authority of the State Division of Alcoholic Beverage Control.
[2000 Code § 5-7.20]
No person shall, while on or using any portion of the beachfront,
or while bathing or swimming in the waters of the ocean adjacent thereto,
annoy or molest any other person or utter any offensive or indecent
language or in any way act in a disorderly manner.
[2000 Code § 5-7.21]
a.
The owner, driver or occupant of any motor boat, launch or other
power boat shall not operate or propel the same upon any lake or waters
within the jurisdiction of the City without first providing same with
a device which shall effectively muffle and silence the sound of the
exhaust and noise from the engine or motor, nor operate what is known
as a muffler cut-out upon any such motor boat, launch or other power
boat while driven or propelled upon any lake or waters within the
jurisdiction of the City.
b.
No person shall operate or propel any motor boat, launch, or other
boat upon any lake or waters within the jurisdiction of the City at
a rate of speed in excess of ten (10) miles per hour.
[2000 Code § 5-11; Ord. No. 2015-29]
No construction shall be permitted east of Ocean Avenue on the
Asbury Park boardwalk during the months of June, July, August and
September of each year. Any construction commenced during the balance
of the year shall be completed before June 1 of the following year.
Repairs of a safety nature shall be exempt from this restriction.
[Ord. No. 3018amended 7-10-2019 by Ord. No. 2019-24; 7-14-2021 by Ord. No. 2021-27]
a.
Smoking, Burning and/or Vaporizing Certain Substances Prohibited
on Public Beaches and Boardwalk. No person shall smoke and/or burn
any cigarettes, cigars, pipes, or other tobacco products, including
use of handheld electronic smoking devices which vaporize or aerosolize
a liquid (e.g., e-cigarettes, e-cigs, electronic nicotine delivery
systems, electronic non-nicotine delivery systems, personal vaporizers,
PV's, etc.), or any cannabis item or substance (including use of electronic
devices which vaporize or aerosolize cannabis), at any time while
on any portion of the public beaches or public boardwalk, including
any of the arcades, public walks, ramps and public sidewalks adjacent
thereto, within the City.
b.
Discarding of Cigarette Butts and Tobacco or Cannabis Products. No
person shall throw or discard any cigarette butts, cigar butts, and/or
any other tobacco or cannabis products or paraphernalia relating thereto
at any time on any portion of the public beaches or public boardwalk
within the City.
c.
Smoke-Free Zone Signs. The City shall attach or erect appropriate
signage indicating "City of Asbury Park Smoke-Free Zone" to such public
beaches and public boardwalk areas.
d.
Penalties. The penalty for violation of this section shall, upon
conviction, be two hundred fifty ($250) dollars for the first offense,
five hundred ($500) dollars for the second offense, and one thousand
($1,000) dollars for each subsequent offense.
[Added 4-12-2023 by Ord. No. 2023-13]
a.
Shading Devices on the beachfront shall be allowed from the Friday
of Memorial Day weekend, through to midnight on the Monday of Labor
Day weekend, and shall include:
1.
Umbrellas with one central shaft/stanchion supporting the umbrella
canopy in an upright or adjustable tilted position of ninety (90)
degrees and with a canopy no larger than six (6) feet in diameter.
2.
Devices designed to shade infants (also known as Baby Tents) provided
they are not greater than three (3) feet high by four (4) feet wide
by four (4) feet deep.
b.
The following shall be prohibited on the beachfront at all times,
unless approved for specific events through the Special Events Committee:
1.
Tents, camping tents and/or canopies.
2.
Coolers larger than a sixteen (16) quart capacity.
3.
Serving Trays, warming trays, pots, pans, or devices, equipment &/or
utensils utilized for the preparation or storage of food.
4.
Cooking and/or camp fires on the beach.
5.
Tables, stands, boards and/or other devices positioned to function
as a table.
6.
Any tent with anchoring and tethering lines that extend beyond the
perimeter of the allowable shading device.
7.
Tent clustering.
8.
Sleeping on the boardwalk, beach sand and/or any other public areas
of the beachfront between the hours of 12:00 midnight and 8:00 a.m.,
local time prevailing.
9.
Overnight Camping or Sleeping on the Beach. All tents must be removed
daily upon beach closing hour.
10.
Use of a drone on the beach without the permission of the City of
Asbury Park.
c.
Enforcement.
The Police Department is authorized and directed to remove any
tent which is not in compliance with this section or is creating a
hazard or unnecessary disturbance to others.
[Ord. No. 2018-17; amended 4-12-2023 by Ord. No. 2023-13]
The provisions set forth in this section shall be enforced by
the Asbury Park Police. Failure to comply with any of the rules and
regulations set forth in this section may result in the issuance of
a summons.
Fines shall be based upon the penalties found in Chapter I, Section 1-5, General Penalty.
Source history includes Ord. No. 2847; Ord. No. 2850 and Ord.
No. 2856
[Ord. No. 2917; Ord. No. 2933; Ord. No.
3019]
Dogs on Surfing Beach and Boardwalk. Properly licensed dogs
shall be permitted on the City's beachfront and boardwalk, and in
adjacent areas, in accordance with the following restrictions:
a.
During the applicable time period specified in Subsection d. below, properly licensed dogs shall be permitted to run unleashed on that portion of the City's beachfront which is commonly known as the surfing beach or to wade in the water areas located adjacent thereto, in accordance with all requirements set forth herein. The surfing beach is defined as that portion of the City's beachfront which extends from the northerly terminus of Asbury Park (boundary with Loch Arbour) and running thence south to the southerly edge of the Eighth Avenue jetty.
b.
During the applicable time period specified in Subsection d. below, properly licensed dogs shall also be permitted to utilize and cross over those portions of the boardwalk which are located immediately adjacent to the surfing beach solely for the purpose of gaining access to and from the surfing beach. All dogs must be taken directly onto or off of the surfing beach and shall not be permitted to remain idle on the boardwalk areas for any extended period of time. Dogs must be leashed at all times while on the boardwalk areas.
c.
During the time period from September 15th through May 15th of each
year, properly licensed dogs shall be permitted on all areas of the
boardwalk, at any time of the day or evening, pursuant to the following
conditions:
1.
All dogs must possess a current license tag issued by a governmental
authority which represents that the dog has a valid, unexpired rabies
inoculation.
2.
All dogs must wear collars with valid dog licenses. No choke collars
or prong collars shall be permitted.
3.
All dogs must be on a leash that is no longer than six (6) feet in
length and which is not retractable.
4.
All dog handlers must remain with their dogs and supervise their
dogs at all times. Dogs may never be left unattended (i.e., as in
tied up to a rail or other object while the handler shops, eats, bathes
in ocean, etc.)
5.
All dog handlers shall always and immediately clean up after their
dogs.
6.
All dog handlers shall be strictly liable for any incidents that
occur involving their dogs.
[Ord. No. 2917; Ord. No. 2933]
While on the permitted areas referenced in this section and
during the permitted time periods, all dogs must be accompanied at
all times by an adult who is in possession of a bag or other container
or device appropriate for the purpose of cleaning up after the dogs
and who shall be responsible for completely and immediately removing
and properly disposing of the dog's fecal droppings, and who shall
also be responsible for controlling the dog and complying with all
other applicable laws and regulations.
[Ord. No. 2917; Ord. No. 2933]
No dogs shall be permitted on or in any areas of the beachfront,
boardwalk or water areas other than those specified in this section
at any time.
[Ord. No. 2917; Ord. No. 2933]
The following additional rules and regulations shall apply to
dogs that are utilizing the City's beachfront areas pursuant to this
section:
a.
All dogs must possess a current licenses tag issued by a governmental
authority which represents that the dog has a valid, unexpired rabies
inoculation.
b.
All dogs must wear collars with valid dog licenses. No choke collars
or prong collars shall be permitted.
c.
Dogs that become aggressive or uncontrollable must be immediately
leashed and removed from the off-leash areas referenced in Subsection
1 above.
d.
Female dogs in heat and dogs under four (4) months of age are prohibited
and are not permitted to run off the leash in the areas referenced
in Subsection 1 above.
e.
All dog handlers must remain with their dogs and supervise their
dogs at all times.
f.
All dog handlers shall always and immediately clean up after their
dogs.
g.
All dog handlers shall be strictly liable for any incidents that
occur involving their dogs.
[Ord. No. 2917; Ord. No. 2933]
The prohibitions set forth in this section shall not apply to
Seeing Eye or Guide Dogs.
[Ord. No. 2917; Ord. No. 2933]
The provisions set forth in this section shall be enforced by
the Asbury Park Police and Animal Control Officers. Failure to comply
with any of the rules and regulations set forth in this section may
result in the issuance of a summons.
[Ord. No. 2917; Ord. No. 2933]
The City of Asbury Park shall ensure the erection of appropriate
signage in order to alert the public to those matters set forth in
this section. Such signage shall include the posting of an emergency
number which may be called in case of any problems or emergencies
encountered regarding the presence of dogs on the City's beach and
boardwalk areas pursuant to this section.
[Ord. No. 2917; Ord. No. 2933]
No animals other than dogs shall be permitted on any area of
the City's boardwalk or beachfront, or in the waters adjacent thereto,
or upon any public walk contained on the beachfront, at any time.
[2000 Code § 5-8]
The Mayor and Council reserve the right to cancel forthwith
any privilege, beach tag, insignia or check granted or extended to
any person violating any provision of this Chapter.
