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.
[Amended 4-7-2021 by Ord. No. 1197-21; 4-14-2021 by Ord. No. 1196-21; amended in entirety 3-9-2022 by Ord. No. 1225-22]
[Amended 3-9-2022 by Ord. No. 1225-22]
For the purpose of this section as to Boardwalk Regulations:
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.
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.
Shall include any vehicle, machine or device designed for,
or intended to be used for a specified maintenance task. Service vehicles
shall not include passenger vehicles solely designed or intended for
highway use.
Shall mean burning of, inhaling from, exhaling the smoke
from, or the possession of a lighted cigar, cigarette, e-cigarette,
pipe, hookah, vape pen or similar device, or other matter or substance
which contains tobacco or any other matter that can be smoked, or
the inhaling or exhaling of smoke or vapor from an electronic smoking
device.
Shall include any utility task vehicle or golf cart used
for business purposes including, but not limited to, trash removal
and to transport employees, which shall not exceed 2,500 lbs.
Shall mean every device in, upon or by which a person or
property is or may be transported.
[Amended 5-11-2016 by Ord. No. 1054-16; 3-9-2022 by Ord. No. 1225-22]
a.
Unless otherwise permitted, the use of motorized vehicles, including
but not limited to: cars, motorcycles, mopeds, motorized scooters,
motorized bicycles, electric or self-propelled, Segway's and
hover boards, as well as non-motorized go-carts shall be prohibited
on the boardwalk and boardwalk approaches at all times. This shall
not include wheelchairs, mobility aids, and other power-driven mobility
devices as defined under the Americans with Disabilities Act ("ADA").
b.
It shall be a violation of this section for any person to commit
any of the following acts on the boardwalk or boardwalk approaches:
1.
Throw, bat, catch or kick a baseball, football, basketball, soccer
ball, volleyball, softball or any object; or engage in the playing
of any game endangering the health and safety of others;
2.
Throw, place, deposit or leave any bottles, glass, crockery, sharp
or pointed article, papers, refuse or debris of any kind, except in
the proper receptacles provided on the boardwalk;
3.
Use of the boardwalk approaches for picnicking;
4.
To neglect or refuse to obey all orders, directions, whistles, and/or
other signals used by police department;
5.
Openly display, expose or dispense or offer to dispense or to consume
any beer, wine, whiskey or other alcoholic beverages;
6.
Climb upon or stand on railings, fences or benches located in the
boardwalk approaches so as to cause or in a manner likely to cause
damage to them, to tamper with or handle the boats or other equipment
on the beach used by the lifeguards;
7.
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 boardwalk and approaches;
8.
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, pamphlet, or other reading matter of an advertising nature,
conduct the business of photography, or beg or solicit alms;
9.
No person shall discharge firearms of any description, air rifles,
spring guns, B-B guns, bows and arrows, slings or any other form of
weapon potentially inimical to wildlife and dangerous to human safety,
or any instrument that can be loaded with and fire blank cartridges,
or any kind of trapping device. Discharge of any of the above into
municipal boundaries from without such boundaries or discharge of
any of the above from within the municipal boundaries, shall be prohibited;
10.
For any person to play any musical instrument upon the boardwalk
or boardwalk approaches. This paragraph shall not apply to any regular
scheduled event for which permission has been granted by municipal
authority.
11.
Except for service animals as defined by the Americans with Disabilities Act, no person shall permit any animal under his/her custody or control to enter upon the boardwalk from May 15th to October 2nd, except for access to dog parks or permitted areas of the piers, boardwalk or beach, in accordance with Ordinance No. 1196-21. (See Subsection 4-1.14, Dog Beach.)
12.
Smoking shall be prohibited on the entire boardwalk, and the ramps
and stairs leading to the boardwalk, at all times.
[Amended 3-9-2022 by Ord. No. 1225-22]
a.
It shall be unlawful during the period commencing May 15th of each
year through September 30th of each year for any person to ride a
bicycle on the Boardwalk or its approaches from 1:00 p.m. to 5:00
a.m., inclusive, daily;
b.
The hours established shall be posted on the City's website,
on the bulletin board in City Hall, and at other appropriate places
as determined by the City Clerk;
c.
The Director of Public Works shall take all actions necessary and
proper regarding the installation of appropriate signage at various
places on the Boardwalk;
d.
It shall be unlawful for any bicycles, skateboards, motorized and
non-motorized scooters, or roller skates to be attached to railings;
e.
The Board of Commissioners shall change those times, by resolution,
upon which it shall be lawful for any person to ride upon the boardwalk,
or its approaches, and the bicycle/vehicle types permitted;
f.
All provisions of the New Jersey Statues Annotated 39:4-10, et seq.
which apply to the operation of bicycles, skateboards, roller skates
and the like on public highway shall apply to the operation of same
on the boardwalk;
g.
Bike parking under the boardwalk is permitted.
[Amended 5-11-2016 by Ord. No. 1054-16; 3-9-2022 by Ord. No. 1225-22]
a.
Service and utility vehicles requiring boardwalk access, shall be
permitted subject to the following:
1.
Applicant's requesting a boardwalk permit must submit a completed
application with the City Clerk's Office;
3.
A permitted service or utility vehicle for the boardwalk shall be
permitted beach access for no additional fee.
4.
Only service and utility vehicles shall be permitted access to the
boardwalk, unless an applicant shall make a request to the City showing
use of a vehicle other than a service vehicle does not pose a risk
to the health, safety, and welfare of boardwalk patrons, and a permit
is issued by the City;
5.
No service or utility vehicles shall remain on the boardwalk for
longer than the absolute necessary time to perform the intended repair
and/or maintenance;
6.
Service vehicles while stopped on the boardwalk for the necessary
repair or maintenance shall have a six feet coned perimeter marked
around the vehicle so to keep pedestrians six feet away from the vehicle.
7.
No vehicles (other than utility vehicles) shall be permitted beginning
May 20th till October 1st. Public safety vehicles shall be exempt
from this restriction.
8.
Permitted service and utility vehicles authorized to operate on the
boardwalk must use the concrete portion of the boardwalk, when available,
for access.
9.
Permits must be in clear view and visible on the windshield or bumper
of the vehicle.
b.
If the City shall permit use of a service vehicle on the boardwalk,
the applicant shall abide by the following rules and regulations:
c.
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.
Furthermore, any person violating any of the provisions of this section
shall, upon conviction, be subject to penalties in accordance with
N.J.S.A. 40:49-1, et seq.
d.
It shall be unlawful for any person to operate or park a vehicle(s)
upon the boardwalk or its approaches, at any time.
e.
Notwithstanding permitted status. Vehicle boardwalk access may be
denied as necessary due to special circumstances.
f.
It shall be unlawful for any person to operate or park a vehicle
under the boardwalk, at any time.
[Amended 3-9-2022 by Ord. No. 1225-22]
The Board of Commissioners is hereby authorized and empowered
to adopt by resolution, in addition to the rules and regulations herein
enumerated, such other rules and regulations as may be necessary for
the proper control and regulation of the boardwalk for purposes of
public health and safety, only.
[Amended 6-14-2017 by Ord. No. 1074-17; 11-25-2020 by Ord. No. 1180-20; 3-9-2022 by Ord. No. 1225-22]
[Amended 6-24-2015 by Ord. No. 1034-15; 5-24-2017 by Ord. No. 1072-17; 3-9-2022 by Ord. No. 1225-22]
For the purpose of this section:
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.
[Added 3-9-2022 by Ord. No. 1225-22]
a.
It shall be a violation of this section for any person to commit
any of the following acts:
1.
To neglect, ignore or refuse to obey all orders, directions, whistles,
flags and signals used by lifeguards. To interfere with any duties
of the lifeguards. To tamper with or handle any lifeguard equipment;
2.
To swim or bathe beyond a safe depth or distance from the shore as
determined and regulated by the lifeguards;
3.
Throw objects or engage in any game or activity in an area that endangers
others except at times and areas designated by the lifeguards;
4.
Throw, place, deposit or leave trash anywhere on the beach other
than in the trash receptacles;
5.
Feeding seagulls or other wildlife. Harassing or interfering with
wildlife;
6.
Smoking, fires, open flame and grilling;
7.
Nudity;
8.
Operating any drone, aircraft, kite, or motorized vehicle except
at times and areas designated by the lifeguards;
9.
Launching, landing and operating watercraft except at times and areas
designated by the lifeguards;
10.
Openly display, expose or dispense or offer to dispense or to consume
any beer, wine, whiskey or other alcoholic beverages;
11.
All other beach activities not specified may be regulated, prohibited
or limited by lifeguards and/or police;
12.
No person shall discharge firearms of any description, air rifles,
spring guns, B-B guns, bows and arrows, slings or any other form of
weapon potentially inimical to wildlife and dangerous to human safety,
or any instrument that can be loaded with and fire blank cartridges,
or any kind of trapping device. Discharge of any of the above into
municipal boundaries from without such boundaries or discharge of
any of the above from within the municipal boundaries, shall be prohibited;
13.
It shall be unlawful, from May 1st through September 30th, 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. 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.
14.
It shall be unlawful to fish or surf on any portion of a guarded
beach from 10:00 a.m. to 5:00 p.m., May 1st through September 30th,
unless the beach is designated for fishing or surfing;
15.
To revel, disport or behave in a noisy or boisterous manner, emitting
loud cries and other noises, so as to inconvenience others, or otherwise
disrupt and disturb the public peace and dignity.
16.
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.
17.
Except in accordance with Ordinance No. 1196-21, no animals shall be permitted on the Beach. (See Subsection 4-1.14, Dog Beach.)
18.
Smoking is prohibited on the entire beach, and the paths leading
to the beach, at all times.
[Added 3-9-2022 by Ord. No. 1225-22]
a.
Vehicles requiring beach access for beach related business, fishing
or special events purpose, shall be permitted subject to the following:
b.
Vehicles permitted beach access shall abide by the following rules
and regulations:
1.
Speed Limit - 10 mph;
2.
Access to beach only at Schellenger Avenue, 26th Street, Cresse Avenue,
and Baker Avenue;
3.
No vehicle operation on beach after 10:00 p.m. unless prior approval
is received;
4.
No vehicle shall be authorized to operate on the beach unless in
conjunction with an approved City event, authorized by the Board of
Commissioners. This shall not apply to any City vehicle;
5.
No travel east of the trash can line between the dates of May 1st
and September 30th (delineated by trash cans set out by beach maintenance);
6.
Abide by all signs; including signs preventing vehicle travel in
and access to restricted areas which may change from time to time,
as designed by signage;
7.
Access in, to or through a special event being held on the beach,
unless permit is for said event; and
8.
No operation of vehicle within 20 feet of an individual/pedestrian.
c.
Violation of any of the rules or regulations established herein shall
subject permittee to: revocation of the permit by the Director of
Public Safety upon finding a good cause, which includes, violation
of any rule or regulation or lack of approved business purpose for
the permit.
d.
Notwithstanding permitted status. Vehicle beach access may be denied
as necessary due to special circumstances.
e.
Beach access is subject to weather conditions as determined by the
City of Wildwood.
f.
Vehicles utilized for the purpose of fishing may be operated on the
beach of the City of Wildwood between October 1st and April 30th,
between 6:00 a.m. and 5:00 p.m. provided that an application is submitted
and then approved by the City Clerk.
[Added 3-9-2022 by Ord. No. 1225-22]
Except for the exclusion created for bicycles, it shall be unlawful
for any person to operate or park a vehicle upon the beach or its
approaches, at any time.
[Added 3-9-2022 by Ord. No. 1225-22]
The Board of Commissioners is hereby authorized and empowered
to:
a.
Adopt by resolution, in addition to the rules and regulations herein
enumerated, such other rules and regulations as may be necessary for
the proper control and regulation of the beach and other areas and
the water adjacent thereto.
b.
Designate by resolution the protected bathing beaches where lifeguards
and attendant equipment are to be provided by the City, and from which
beaches, persons may bathe and swim, and to change or abolish the
precise location of any one or more bathing beaches as safety and
attending circumstances shall require.
c.
To determine and establish by resolution the period during each year
when each of the paid bathing beaches shall be opened and closed.
[Added 3-9-2022 by Ord. No. 1225-22]
Any person violating any of the provisions of this section shall,
upon conviction, be subject to penalties in accordance with N.J.S.A.
40:49-1, et seq.
[Added 4-14-2021 by Ord. No. 1196-21]
a.
The City hereby designates an area of its beach as a "Dog Beach."
Subject to the rules and regulations promulgated herein.
b.
The City Dog Beach is defined as the following area: The bathing
areas at Poplar Ave., extending approximately 250 feet both north
and south with the boundaries being set by signage, which shall only
be accessed at the Poplar Ave. beach entrance.
c.
Dogs shall be permitted on the Dog Beach as follows:
1.
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 Ave. and Magnolia Ave.;
2.
Dogs must remain on leash at all times and remain under control by
their owner or companion at all times;
3.
From May 15 to October 2 of each year, dogs may only be on the City
Beach within areas designated as Dog Beach;
4.
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;
5.
Police and Beach Patrol shall have authority to eject any person
and companion dog if deemed appropriate to protect the health, safety
and welfare or other Dog Beach patrons and/or beach patrons, and all
persons shall comply with such orders and directives of Beach Patrol
in this regard;
6.
Owners, caretakers, guardians or handlers of dogs will exercise diligence
and reasonable care to keep dogs under restraint. In circumstances
in which the dogs are not on premises owned, leased, or rented by
the caretakers, guardians or handlers, dogs must be handled in a humane
manner pursuant to N.J.S.A. 5A-4:22-17.
d.
Water access for dogs and owner or companion may be restricted if
it is deemed unsafe by Beach Patrol Chief or his/her designee.
e.
Dog Beach access may be restricted at any time by the Director of
Public Safety.
f.
Any person violating any of the provisions of this subsection shall,
upon conviction, be subject to penalties in accordance with N.J.S.A.
40:49-1, et seq.
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.
a.
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:
1.
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;
2.
After 8:00 p.m. until 5:00 a.m. a shirt which covers the breast and/or
pectoral area must be worn;
3.
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.
b.
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.
c.
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.
d.
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.
e.
Violation Shall Not Result in an Arrest. An arrest may not be issued
for violation of paragraph a of this subsection.
f.
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.
g.
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.
h.
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.
a.
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.
b.
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.
c.
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:
a.
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.
b.
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.
c.
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.
d.
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.
e.
Tie or hitch any animal to any tree or plant.
f.
Dress or undress in any vehicle, toilet, or other place, except in
such bathing houses or structures as may be provided for that purpose.
g.
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.
a.
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.
b.
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.
c.
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.)
d.
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.
e.
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.
f.
Permittee responsible for riders. Each permittee (rider) shall be
responsible for his/her actions pursuant to said permit.
g.
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.
h.
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.
i.
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.
j.
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.
k.
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.
l.
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.
m.
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.
n.
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.
o.
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.
p.
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.
[Amended 11-28-2018 by Ord. No. 1126-18]
The following fees shall be instituted with regard to beach
amenities on city-owned beaches in the City of Wildwood:
|
Beach Amenity
|
Fee
|
|---|---|
|
Beach Box (seasonal, May 15 — Sept. 15)
|
$400
|
|
Beach Box (30 days)
|
$300
|
|
Beach Box (weekly)
|
$75
|
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.
