Editor's Note: The power to regulate bathing apparel, to provide beach regulations, lifeguards, and to regulate waterways and boating is contained in R.S. 40:48-1.
For the purpose of this section:
BEACH — Shall mean that area beneath and from the westerly side of the boardwalk to the ocean from 26th Street to Cresse Avenue, together with the bathing area adjacent to it.
BOARDWALK AND APPROACHES — Shall mean the elevated pedestrian walk extending along the beach from 26th Street to Cresse Avenue, the ramps, inclines, steps and approaches connected and appurtenant thereto, both on the easterly and westerly sides, together with the pavilions, platforms, restrooms, lavatories and public facilities.
PICNICKING — Shall mean carrying a box, basket, tub or other receptacle in which is contained food and beverages, and the consumption of such food and beverages within the areas of the boardwalk and approaches.
It shall be a violation of this section for any person to commit any of the following acts on the beach, boardwalk or boardwalk approaches during the months of May, June, July, August and September of each year:
Throw, bat or catch a baseball, football, basketball, volleyball, softball or any object; or engage in the playing of any game endangering the health and safety of others, except at times and areas designated by the lifeguards.
Swim or bathe beyond a safe depth and/or distance from the shore in the ocean, as from time to time indicated, determined or regulated by the lifeguards.
Use of a raft, float, boogie board, personal flotation device (PFD)/lifejacket, lifebelt, water wings/arm floats or any floating or inflated object or device of any kind in the bathing area adjacent to the beach may be used at such times and in such portions of the bathing area adjacent to the beaches as designated by the director of public affairs and public safety, or his designee, after due consideration of the effect of such use on the public health, safety and welfare.
Throw, place, deposit or leave any bottles, glass, crockery, sharp or pointed article, paper, refuse or debris of any kind, except in the proper receptacles provided, on the boardwalk and beach.
Use the boardwalk and approaches for picnicking.
To neglect or refuse to obey all orders, directions, whistles, and/or other signals used by duly constituted lifeguards or interfere with the duties of the lifeguards.
The following acts are prohibited: feeding seagulls or other wildlife; nudity; fire, including charcoal, propane stores and/or grills; use of skim boards, kite carts, SCUBA equipment; fishing gear, surfboards, kayaks, windsurfing devices when lifeguards are on duty; use of any watercraft or personal watercraft (PWC) including boats, canoes, sit-in rafts, and parasailing devices at any time; and conduct that endangers self or others.
Openly display, expose or dispense or offer to dispense or to consume any beer, wine, whiskey or other alcoholic beverages. Notwithstanding the above however, the Board of Commissioners of the City of Wildwood may elect to permit alcohol to be served and consumed on the beach in conjunction with certain special tourist oriented or promotional events provided the following conditions are fulfilled:
That the service and consumption be confined to a designated area not to exceed 100 feet x 100 feet on the Wildwood Beach.
That said area be enclosed with a double fence as follows: an interior fence six feet in height enclosing an area not to exceed 100 feet x 100 feet shall be erected. A second fence shall be erected also six feet in height, and shall be said six feet from the exterior perimeter of the previously described fence in order to preclude individuals from passing alcohol over the interior fence.
No one under the legal age shall be allowed into the fenced area.
No one shall be permitted to take alcoholic beverages in or out of the fenced area nor shall any containers be permitted to be taken in or out of the fenced area.
No alcohol shall be served after dark.
The police chief, after reviewing the application, may, in his discretion, determine the number of officers who will be required to police the interior of the fenced area. The promoter shall pay the cost of the same.
Climb upon or stand on the railings, fences or benches located in the boardwalk approaches so as to cause or in a manner likely to cause damage to them, or tamper with or handle the boats or other equipment on the beach used by the lifeguards.
Reserved by Ord. No. 977, § 2.
Loitering, as defined in subsection 3-1A.1; to assemble or crowd together so as to interfere or be likely to interfere with the ingress or egress of others at the street ends approaching the beach or boardwalk and approaches.
Reserved by Ord. No. 977, § 2.
To hawk or peddle any merchandise, engage in, conduct or carry on any business, trade or occupation whatsoever, except as permitted by the provisions of this revision, solicit or take orders for goods, wares and merchandise, carry or expose advertising signs, distribute circulars, pamphlets, or other reading matter of an advertising nature, conduct the business of photography, or beg or solicit alms.
For any person to permit any animal under his custody or control to enter upon the beach, boardwalk, or boardwalk approaches.
For any person to play any musical instrument upon the beach, boardwalk or boardwalk approaches. This paragraph shall not apply to any regularly scheduled event for which permission has been granted by municipal authority.
The use of roller skates, roller blades, skateboards, mopeds, motorcycles, scooters, motorized or nonmotorized go-carts, and similar means of conveyance upon the boardwalk and its approaches is hereby prohibited at all times.
It shall be unlawful, during the months of May, June, July, August and September of each year, for any person to walk, drive, bathe, swim or otherwise be on the beach from 10:00 p.m. to 6:00 a.m. the following day, excepting city employees who clean the beach during the performance of their duty and the municipal police and other members of the department of public affairs and public safety. As an additional exception, licensed concessionaires who have been awarded such concession by the board of commissioners and their patrons may be on the beach after 10:00 p.m. and prior to 6:00 a.m. so long as the specifications for such concession provide for use of the beach during those hours and further provided that the use by such concessionaire and/or patrons is within the terms of the concession granted. Another exception is that on nights when there are fireworks scheduled in the City of Wildwood, the hours shall be from 11:30 p.m. to 6:00 a.m. the following day.
It shall be unlawful during the period commencing May 15 of each year through October 1 for any person to ride upon the boardwalk, or its approaches, on a bicycle, roller skates or rollerblades from noon to 5:00 a.m. the following day. Additionally, during the period commencing April 15 of each year through May 15 of each year, it shall be unlawful for any person to ride upon the boardwalk, or its approaches, on a bicycle, roller skates or rollerblades on Friday, Saturday and Sunday from noon to 5:00 a.m. the following day. In addition, upon declaration by the director of public safety that a special event will be held on a date between October 1 and April 30 in any year on any part of the boardwalk, bike riding, roller skating and rollerblading will be prohibited on the date of the special event within the specified portion of the boardwalk where the special event is being held. Bicycles are permitted on the boardwalk commencing at 5:00 a.m. each day, but must be removed immediately by noon of each day from April 15 to October 15. Bicycles shall not be chained to any city property.
Vehicles requiring beach access for beach related business, fishing or special event purposes, shall be permitted subject to the following:
Either a beach vehicle permit application or a fishing vehicle permit application has been completed and filed with the secretary to the board of commissioners;
Application has been approved by commissioner of revenue and finance or his/her designee;
A permit has been issued for one of the following terms:
Annual, the term for which shall be the calendar year; the fee for which shall be $250.00.
Monthly; the fee for which shall be $125.00 per month.
Weekly; the fee for which shall be $50.00, per week.
Daily; the fee for which shall be $20.00 per day.
Daily for an approved Special Event; $10.00 per day.
Fishing Permit; the fee for which shall be $25.00 per season.
Abide by the following rules and regulations:
Speed Limit — 10 mph;
Access to beach only at Schellenger Avenue and/or 26th Street;
No operation on beach after dusk unless prior approval is received;
No travel east of the can line between the dates of May 15th and September 15th (Delineated by trash cans set out by beach maintenance;)
Abide by all signs; including signs preventing vehicle travel in and access to restricted areas which may change from time to time, as designated by signage;
Parking on the beach prohibited unless prior approval is received;
Access in, to or through a special event being held on the beach, unless permit is for said event; and
No operation of vehicle within ten feet of an individual/ pedestrian.
Violation of any of the rules or regulations established herein shall subject permittee to: revocation of the permit by the board of commissioners upon a finding of good cause, which includes, violation of any rule or regulation or lack of approved business purpose for the permit.
Notwithstanding permitted status, vehicle beach access may be denied as necessary due to special circumstances.
Beach access is subject to weather conditions as determined by the City of Wildwood.
Vehicles utilized for the purpose of fishing may be operated on the beach of the City of Wildwood between October 1st and May 1st, between 6:00 a.m. and 5:00 p.m. provided that an application is submitted and then approved by the commissioner of revenue and finance or his/her designee, which permit will be issued upon the payment of a twenty-five ($25.00) dollar fee.
Except for the exclusion created for bicycles in subsection 4-1.4 and the exclusion in subsection 4-1.5, it shall be unlawful for any person to operate or park a vehicle upon the beach or the boardwalk or its approaches, at any time. Violation of the herein prohibition of operating a vehicle on the beach without a permit shall subject violator to fines and penalties permitted by law for violation of an ordinance of the City of Wildwood, which penalty shall not be less than a fine of two hundred ($200.00) dollars payable to the court.
The city hereby designates an area of its beach as a "Dog Beach," subject to the rules and regulations promulgated herein.
The City Dog Beach is defined as the following area: The bathing area at Poplar Avenue, extending approximately 250 feet both north and south with the boundaries being set by signage, which shall only be accessed at the Poplar Avenue beach entrance.
Dogs shall be permitted on the Dog Beach as follows:
Dogs are permitted upon the city boardwalk in the following locations for the limited purpose of accessing the Dog Beach: The access ramps at Poplar Avenue and Magnolia Avenue.
Dogs must remain on leash at all times and remain under control of their owner or companion at all times.
From May 15 to October 2 of each year, dogs may only be on the city beach within the area designated as Dog Beach.
Owners and/or companions shall clean all dog waste from his or her dog, using a waste disposal bag or container, and dispose of that bag or container in a designated dog waste trash bin.
Beach patrol shall have authority to eject any person and companion dog if deemed appropriate to protect the health, safety and welfare of other Dog Beach patrons and/or beach patrons, and all persons shall comply with such orders and directives of beach patrol in this regard.
Water access for dogs and owner or companion may be restricted if it is deemed unsafe by the beach patrol chief or his/her designee.
Any violation of this subsection subjects the violator to a fine of not less than two hundred ($200.00) dollars and shall terminate the rights of violator and his/her dog to use of the Dog Beach for 12 months from date of plea/conviction.
Dog Beach access may be restricted at any time by the mayor or a commissioner.
It shall be unlawful to use any public or quasi-public bench or seat for sleeping, or to lie upon or usurp the use of it for the storage of baskets, bundles, clothing or other like objects, so as to prevent its reasonable use by others.
It shall be unlawful to use any vehicle as a place for the purpose of completely changing from street attire into a bathing suit or vice versa, or to engage at any time either day or night in the practice commonly known as "sleeping in cars."
It shall be unlawful to enter, without a legitimate and reasonable errand or business, upon any private property, hotel, rooming house, lodging place or other place of public accommodations, and not having previously obtained express or implied permission of the owner or person in lawful control and possession to make use of the furniture, showers, toilets or other like facilities, or wander or roam about the premises.
Regulated Conduct. All persons over the age of 12 who are present upon the city's Boardwalk shall comply with the following dress and decency standards:
At all times foot protection must be worn, which may include shoes, sneakers or flip-flops, which adequately protect one's feet from wood or nails protruding from the surface of the Boardwalk;
After 8:00 p.m. until 5:00 a.m. a shirt which covers the breast and/or pectoral area must be worn;
At all times the waist-band of shorts, swim-trunks, pants and/or skirts shall not be worn more than three inches below the wearer's waist, interpreted to mean at a level below the crest of the ilium, so as to expose either skin or garment underneath.
Consequence of Violation. Violation of a paragraph a of the herein subsection shall be addressed by a city law enforcement officer, which shall include, but not be limited to, police officer, boardwalk inspector or code enforcement officer, by advising the offender of the herein requirements, requesting compliance by either altering his or her dress or immediately, peaceably, exiting the Boardwalk.
Request Not Required. If the offender has been previously advised of the requirements of the herein subsection by a law enforcement officer and has been found to be intentionally or knowingly in violation at a later time or subsequent date, the provisions of paragraph b shall not apply as a prerequisite to action being taken under paragraph d herein.
Consequences of Failure to Comply with Request. If a request as outlined in paragraph b of the herein subsection does not result in immediate, peaceful compliance, or the offender has been previously advised of the requirements of this subsection by a law enforcement officer such that he or she is in knowing or intentional violation of the requirements herein, a citation for violation of the requirements herein, a citation for violation of this subsection shall issue. In addition to issuance of a citation, the offender shall be escorted or removed from the Boardwalk unless the law enforcement officer has determined good cause to allow such offender to remain, conditioned upon full compliance with paragraph a herein.
Violation Shall Not Result in an Arrest. An arrest may not be issued for violation of paragraph a of this subsection.
Circumstances where arrest prohibition does not apply. The arrest prohibition within paragraph e of this subsection shall not apply to any conduct which is independently disorderly, in abrogation of the direction of order of a law enforcement officer, or otherwise in violation of the New Jersey Criminal Code or the Ordinances of the City of Wildwood, so as to provide an independent basis for arrest.
Fines and Penalties. A citation issued for violation of this subsection shall subject the offender to a penalty of not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars for the first offense, which may be payable at twenty-five ($25.00) dollars to the court without appearance, and not more than two hundred ($200.00) dollars for each subsequent offense, court appearance mandatory. In addition to the fine, the court may order such person to participate in up to forty (40) hours of court-approved community service activities.
Defense. It is a defense under this subsection if it is determined that the person was exercising rights protected by the Federal or State Constitution. Any defense under this subsection must be asserted prior to any hearing or trial in the matter.
It shall be unlawful to consume or openly display, expose or dispense alcoholic beverages upon the streets, highways, sidewalks, public property or places, or in automobiles, or other vehicles, parked upon the streets, highways, alleys, parking lots, or other places not expressly licensed for the sale and consumption of such beverages. However, this section shall not be construed so as to declare unlawful the consumption, display, exposing and/or dispensing of alcoholic beverages in connection with any festival held in or upon a public street which has been ordered closed by the mayor of the city pursuant to the authority granted by Ordinance No. 41-84, which is section 6-16 of this code.
It shall be unlawful to walk or stand on the boardwalk and approaches thereto without wearing shoes, sandals or other protective footwear adequate to prevent injury from splinters.
No individual or group of individuals shall revel, disport, or behave in a noisy, boisterous manner, emitting loud cries and other noises, jostling those about them, causing inconveniences to those about them, or otherwise disrupting or disturbing the public peace and dignity in any public or quasi-public place and public rights-of-way, or in any building open for the combination of the public for entertainment or room accommodations.
No person other than those persons set forth in paragraph c hereinbelow, shall advertise, display, sell or offer to sell any type of syringe, needle, eyedropper, spoon, pipe, testing kit, rolling paper, other paraphernalia or appliances designed for or ordinarily used in smoking, testing, weighing, measuring, injecting, cooking or sniffing marijuana, cocaine, opium, hashish, or other controlled dangerous substances as defined by R.S. 24:21-1, et seq.
It shall constitute a common nuisance to maintain any building, conveyance or premises whatever which is resorted to by persons for the manufacturing, distribution, dispensing, administration or use of any type of syringe, needle, eyedropper, spoon, pipe, testing kit, rolling paper, or other paraphernalia or appliances designed for or ordinarily used in smoking, testing, weighing, measuring, injecting, cooking or sniffing marijuana, cocaine, opium, hashish, or other controlled substances as defined by R.S. 24:21-1, et seq.
Any person registered with the State Health Commission or referred to in R.S. 24:21-10(c), shall be exempt from the provisions of paragraph 4-2.8a of this subsection.
No person, while in a public park, recreation area, or other public areas within the city, shall:
Permit the entry of a dog or other domestic animal into areas clearly marked by signs bearing the words "Domestic Animals Prohibited in This Area." Nothing herein shall be construed as permitting the running of dogs at large. All dogs in those areas where such animals are permitted shall be restrained at all times on adequate leashes not greater than six feet in length.
Build or attempt to build a fire. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper, or other inflammable material within any park or other public areas within the city, or on any highways, roads or streets abutting or contiguous thereto.
Expose or offer for sale any article or thing, nor station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. An exception shall be made for any regularly licensed concessionaire acting by and under specific authority and regulation of the board of commissioners.
Climb, stand or sit upon any tree, monument, vase, planter, fountain, railing, fence or upon any other property not designated or customarily used for such purpose.
Tie or hitch any animal to any tree or plant.
Dress or undress in any vehicle, toilet, or other place, except in such bathing houses or structures as may be provided for that purpose.
Ball playing in any park located within the City of Wildwood at any time is prohibited with the exception of Fox Park and Maxwell Field and the soccer complex located at 600 West Baker Avenue.
Former subsection 4-2A.2, Permit Required for Special Events, previously codified herein, was repealed in its entirety by Ordinance No. 989-13.
Former subsection 4-2A.3, Penalty, previously codified herein was repealed in its entirety by Ordinance No. 989-13.
In pursuance of the power and authority conferred by an act of the Legislature of this state, approved April 26, 1894, entitled "An Act to enable cities in this State, located on or near the ocean and embracing within their limits or jurisdiction any beach or ocean front, to open and lay out a public park or place for public resort or recreation on and along a portion of the beach or ocean front of such city and to purchase or condemn lands, property and rights therefor and to preserve same from obstruction or encroachment," constituting Chapter 93 of the Session Laws of 1894, the City of Wildwood does hereby determine to open and lay out a park or place of public resort and recreation along a portion of the beach or ocean front of that city within the limits and jurisdiction of that city and does hereby determine, fix and establish the interior or inland line of the same as required by that act, as follows:
The inland line of the existing public walk which has been heretofore constructed along the beach or ocean front in the city on or near to the line of ordinary high water mark between Schellenger Avenue and Cresse Avenue, both inclusive, said inland line being about 200 feet from the southeasterly line of Ocean Avenue as laid out and used.
The limits and boundaries of the public park or place for public resort and recreation be and the same are hereby fixed, established and described as follows:
Beginning at a point in the northeasterly line of Schellenger Avenue about 200 feet southeastwardly of the southeasterly line of Ocean Avenue, being the landward side of the elevated public walk heretofore constructed and as now existing along the beach or ocean front and extending thence, along said line of said public walk, to the center line of Cresse Avenue, and thence, in a general course, southeastwardly and oceanward, and between parallel lines of said avenues to the exterior line now or hereafter established by the Board of Commerce and Navigation, successors to the State Riparian Commission.
The lands lying oceanward from the interior line so established from the boundaries above defined, be and the same are hereby devoted to public use as a public park or place for public resort and recreation exclusively, and for such use shall be kept open and unobstructed forever in the manner and to the extent as in any of the said act is directed and prescribed.
The city surveyor shall make a survey and description of the line so fixed and established, and cause this line to be suitably marked on the ground by substantial posts or piling sunk in the soil and prepare a map showing and indicating the line and giving a description. The map and description shall be filed in the office of the city clerk where it shall remain on record.
The city attorney is empowered in the name and on behalf of the said city to cause to be condemned for the purposes of the park, any and all lands, property and rights within the limits of the park as hereby established, which shall not be dedicated to such use by the owners and accepted by the city, as provided in said act, or shall not be purchased by the city for such purpose.
If the purchase or condemnation of any land within the boundaries herein described shall be purchased or condemned that an assessment be made of the special and peculiar benefits that such improvement may confer on all the owners of land and real estate benefited thereby in proportion to the benefits each shall be deemed to acquire and such assessment shall be made and collected in the manner provided by law for the making and collection of benefit assessments in the city.
If any owner of property within the limits of the park, shall dedicate his property to the city for the uses and purposes herein mentioned, as provided in subsection 4-3.5, that the city will contract and agree with him to change the location of the interior line and the public walk.
Former Section 4-4, Overnight Camping on Beach, previously codified herein was repealed in its entirety by Ordinance No. 989-13.
Freefall Adventures, Inc. shall be the only organization permitted to operate a parachute landing center, during the summer months from 2002 through 2007. Freefall Adventures, Inc. will operate on the following dates in the City of Wildwood:
Every Tuesday from May 1st until September 30th and four (4) consecutive days over the fourth of July weekend.
The designated landing area for the events shall be as follows:
1,200 feet x 1,200 feet portion of the beach immediately south of Schellenger Avenue.
Prior to any use of the parachute landing center, Freefall Adventures, Inc., must provide the City of Wildwood with proof of liability insurance in the amount of one and one-half million ($1,500,000.00) dollars relative to its operating in the City of Wildwood, and the City of Wildwood must be a named insured. This shall be an annual requirement and such proof of coverage shall be submitted annually to the municipal clerk, purchasing agent and municipal solicitor on or before April 1st of each year during which the skydiving is permitted as aforesaid.
Freefall Adventures, Inc. shall be responsible for procuring a signed release from each participant using the parachute landing center, which release shall name the City of Wildwood, its agents, servants and employees as a released party, from each participant, which release shall name the City of Wildwood. Such releases to be signed and notarized copies submitted to the municipality within ten (10) days of use. Additionally, Freefall Adventures, Inc., shall provide, on its letterhead, an acknowledgement of the terms and conditions set forth in this agreement and an acknowledgement that it is bound by same. Such letter shall further contain a representation on the part of Freefall Adventures, Inc., that it shall hold harmless and indemnify the City of Wildwood, its agents, servants and employees from any liability claims which may be advanced by third parties relative to the skydiving events which it stages within the city limits.
Riding permitted in designated areas. The riding of horses within a specifically designated area of the beach of the City of Wildwood is hereby permitted pursuant to the terms and conditions as set forth in this section.
Permitted times and dates. The riding of horses as permitted pursuant to this section shall only occur on an annual basis beginning on October 1 of each year through and concluding on April 30 of the succeeding year. The permitted hours of riding during said time period shall be from 6:00 a.m. to 5:00 p.m.
Designated riding area. The designated area for the riding of horses as set forth in this section shall be on the area of beach recognized as parts of Ward 1, and all of Wards 2 and 3. A map of said designated area is attached to this section. (The map may be found on file in the office of the city clerk.)
Sporting activities prohibited. Any sporting activities such as horse racing, polo or other sporting activities involving horses are prohibited by this section. The only activity permitted pursuant to this section shall be the leisurely activity of horseback riding.
Permit required. A permit will be required for riding horses on the beach. The cost of the permit shall be fifty ($50.00) dollars per person and may be purchased at the office of the city clerk. Each permit must be displayed in the front windshield of the vehicle used for towing the horse(s) to the City of Wildwood. The permit shall permit a rider to engage in the activity of horseback riding on the beach. Each person applying for a permit must provide their full name, permanent address and telephone number and their address and telephone number, if applicable, when completing an application for a permit. Each person seeking to obtain a permit must complete an application form. A permit shall only be valid during the horseback riding season in which it was purchased. There shall be no refund if a permit is used for only part of the season. Children under the age of 18 must have the application signed by a parent/guardian.
Permittee responsible for riders. Each permittee (rider) shall be responsible for his/her actions pursuant to said permit.
Limit on number of horses. There is no limit on the number of permits that can be sold. There shall be a limit of no more than 20 horses permitted on the beach at any one time. Riding sessions must be scheduled at least three days in advance by contacting the city clerk's office and making a reservation. If 20 slots have been reserved for said day, then no reservation can be made for additional riders on said date. The City of Wildwood reserves the right to only allow riding during times when the ocean tide shall be the lowest.
Parking of trailers. Any horse trailer used to transport a horse(s) to the City of Wildwood for horseback riding may only be parked on the beach at the Cresse Avenue entrance (see map found on file in the office of the city clerk). Vehicles entering the beach shall be four-wheel drive. No trailers shall be parked without a valid permit. All horse(s) used in the horseback riding permitted by this section shall be transported to the City of Wildwood and no such horse(s) shall be permitted to be stabled, kept or remain in the City of Wildwood.
Permittee responsibility; hearing; revocation of permit. The permittee is responsible for cleaning any manure, hay or other debris which is caused by the riding of horses upon said beach including any and all which may fall in the parking area, entrance to the beach or on the beach. Any such manure, hay or other debris must be removed from the City of Wildwood. A violation of this paragraph of this section may, in addition to all other penalties, result in a hearing before the Board of Commissioners of the City of Wildwood at which hearing the permit of any such permittee may be revoked.
Proper headgear required; hearing; revocation of permit. All riders are required to wear a properly fitted and secure protective headgear (equestrian riding helmet) which meets or exceeds the quality standards of the SEI Certified ASTM standard F1163. Failure of any person(s) to wear a helmet while riding horses pursuant to this section may, in addition to all other penalties, result in a hearing before the Board of Commissioners of the City of Wildwood at which hearing the permit of any such permittee may be revoked. It is the responsibility of the permittee to insure that any person riding pursuant to said permit is wearing such protective headgear. There will be no refund for any permit revoked because of a violation of this section.
Accompaniment by adult required. Any child under the age of 18 years must be accompanied by an adult at all times while riding on the beach in the City of Wildwood.
Accompaniment by dogs prohibited. No dogs are permitted to accompany riders while riding on the beach pursuant to this section, and all dogs must be on a leash at all times.
Riders must yield to others. When any rider comes upon any individuals on the beach, whether they are swimming, fishing, or engaged in other activities, it is the responsibility of the horse rider to yield and to ride around any such individuals or fisherman and also must yield, avoid and ride around any fishing lines.
Responsibility for stolen articles. The City of Wildwood is not responsible for lost or stolen tack/personal items. The owners are responsible for locking their vehicles and trailers when not present.
Consumption of alcoholic beverages prohibited; revocation of permit; hearing. No person shall consume alcoholic beverages prior to or during the time they are riding or transporting horses to or from the beach in the City of Wildwood. A violation of this paragraph of this section shall result in the immediate revocation of the permit of the permittee. The Board of Commissioners of the City of Wildwood will then conduct a hearing at which time said permittee may be prevented from obtaining any permit for the riding of horses on the beach in the City of Wildwood in the future.
Rules and regulations; application for permit. The City Clerk/Administrator of the City of Wildwood is hereby given authority pursuant to this section to establish rules regulating the activity of horseback riding in the City of Wildwood. Said rules may include the provisions contained in this section or may be in addition thereto. The application to be signed by a permittee shall specifically have contained thereon the following language:
"I understand that horseback riding in the City of Wildwood is a privilege. By signing this application for permit, I specifically agree that I, and anyone riding pursuant to this permit, shall be bound by this article and rules established by the City of Wildwood. I further, on behalf of myself and all riders riding pursuant to the permit to be issued pursuant to this application, specifically release the City of Wildwood, its officers, officials, agents and employees from any and all liability of any nature whatsoever associated or related to the riding of horses within the City of Wildwood and specifically hold harmless those individuals and entities."
Upon receiving a permit, any individual riding pursuant to said permit shall be required to sign a waiver and release of liability on behalf of the City of Wildwood, its officers, agents and employees in the form attached hereto which is specifically approved and adopted by reference herein.
Any person convicted of violation of this section shall be subject to a fine up to one thousand two hundred fifty ($1,250.00) dollars or community service of up to 90 days, or both.
The following fees shall be instituted with regard to beach amenities on city-owned beaches in the City of Wildwood:
The board of commissioners of the City of Wildwood may amend, by resolution, the provisions of subsection 4-7.1, including adding and/or deleting beach amenities, and establishing associated fees.