[Amended 5-10-82 by Ord. No. 6-1982]
No person shall sell, hawk, peddle or vend any goods, wares
or other merchandise or solicit any trade or business in that area
of the Borough of Avon-by-the-Sea east of the easterly curbline of
First Avenue.
[Added 7-14-2003 by Ord. No. 4-2003; amended 6-30-2014 by Ord. No. 4-2014; 6-14-2021 by Ord. No. 18-2021]
A.
No person shall smoke, vape, or aerosolize any cigarettes, cigars,
e-cigarettes, or tobacco products in the beachfront area, as hereinafter
defined, at any time. For the purpose of this chapter, the term "beachfront
area" shall mean all areas within 50 feet of any entrance to the beach,
the entrance ramps, the boardwalk, and all areas east of the boardwalk,
the jetties, dunes, beach plantings area, the beach, and waters immediately
adjacent thereto. The penalty for a violation of this section shall
be $500.
B.
No person shall smoke, vape, or aerosolize any cannabis item, as
defined by the New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act[1] in the beachfront area, public places, as defined by the New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act, and as prohibited by Chapter 128 of the Borough Code (§ 128-8.1).
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
C.
No person shall throw or discard any bottles, cans, paper, or other
refuse, including, but not limited to, cigarette butts, cigar butts,
and other tobacco products, in the beachfront area, and all refuse
and paper and litter shall be placed in refuse containers provided
therefor. The penalty for a violation of this section shall be $100
and two days community service.
D.
The Board of Commissioners of the Borough of Avon-by-the-Sea is hereby
authorized and empowered to adopt, by resolution, such other rules
and regulations as may be necessary for the proper control and regulation
of the beachfront area.
[Amended 6-22-78 by Ord. No. 11-1978]
No person shall engage in any activity contrary to the peace,
comfort, safety or welfare of any person or engage in any athletic
activity, including, without limitation, kite flying and the throwing
of balls, Frisbees or any other objects used in recreational pursuits,
in said area, except those engaged in swimming or in athletic contests
specifically authorized by the Director of the Department of Public
Safety.
No person shall use, on the beach or in the waters adjacent,
any flotation device, except in those areas designated by the lifeguards
or Director of Public Safety. Use of said flotation devices is subject
to the discretion and control of the lifeguards.
No person shall swim in any location other than those indicated
by the lifeguards, and all swimming activity shall be subject to the
discretion and control of the lifeguards.
No person shall dress or undress in any place in the said area.
[Added 6-9-86 by Ord. No. 16-1986]
No person shall walk, run or otherwise be upon the boardwalk
without shoes or other similar protective foot covering.
[Amended 12-8-80 by Ord. No. 21-1980; 5-21-81 by Ord. No. 13-1981; 2-1997 by Ord. No. 2-1997; 10-12-04
by Ord. No. 22-2004]
No person shall possess any weapon, in which term spear guns
are deemed to be included, in said area or have a pet of any description
on the beach or boardwalk or wear spiked footgear on the boardwalk
at any time. However, the prohibition against pets on the beach shall
not include dogs, or other domestic animals, during the period from
October 1 through May 1. Any dog or other domestic animal on the beach
during the period from October 1 through May 1 must be accompanied
by, and be under the control of, the animal's owner or other responsible
adult. "Under control" shall include having the animal on a leash
as required by Ordinance 93-8. Entry to the beach may not be across
the boardwalk and must be made only through the street level beach
entrances located adjacent to the Shark River Inlet and adjacent to
the area known as the East End Beach. All pets, including dogs and
domestic animals, are prohibited from being on the boardwalk.
[Added 6-25-84 by Ord. No. 10-1984; amended 6-28-93 by Ord. No. 19-1993; 8-21-00 by Ord. No. 8-2000]
No person shall ride, propel or otherwise use any skateboard
on any boardwalk at any time.
[Added 6-28-93 by Ord. No. 19-1993; 8-21-00 by Ord. No. 8-2000]
No person shall ride either roller-skates or in-line skates,
commonly referred to as "rollerblades," on any boardwalk from May
1 to September 15, except between the hours of 12:00 midnight and
9:00 a.m.
[Added 6-13-88 by Ord. No. 13-1988]
No person shall conduct or participate in a beach party or other
similar activity and no fires shall be permitted on any of the beaches
in the Borough.
[Amended 6-22-78 by Ord. No. 11-1978]
No person shall throw, discard or leave any empty bottles, cans,
paper or any other refuse upon the beach or the boardwalk but rather
shall place the same in the containers.
[Amended 6-22-78 by Ord. No. 11-1978|
No person shall use, tamper with, damage or destroy any of the
equipment, including lifeboats, provided for lifesaving or lifeguard
activity.
No person shall remain on the beach after the hour of 12:00
midnight, other than those persons who are actively engaged in surf
fishing.
[Amended 6-22-78 by Ord. No. 11-1978]
No person shall bring, possess or consume any alcoholic beverage
in said area.
[Added 6-14-2021 by Ord. No. 19-2021]
No person shall smoke, vape, or aerosolize any cannabis item
in said area.
No person shall use, on the beach or in the waters adjacent,
any surfboard, raft or other equipment dangerous to himself or others.
[Added 8-13-90 by Ord. No. 18-1990]
A.
No person shall launch or retrieve any personal watercraft or any
similar waterborne device powered by internal combustion engine driving
a water jet pump from, across, or upon the ocean beaches within the
jurisdiction of the Borough of Avon-by-the-Sea.
B.
(1) A person shall not operate a personal watercraft above idle speed
within fifty (50) feet of another vessel; (2) A person shall not operate
a personal watercraft in such a manner so as to become airborne or
completely leave the water while crossing the wake of another vessel;
(3) A person shall not operate a personal watercraft within fifty
(50) feet of a bathing beach that has its boundaries marked by buoys
or signs; (4) A person shall not operate a personal watercraft above
idle speed within fifty (50) feet of the shoreline or fifty (50) feet
from a person in water.
No person shall climb, jump, damage or deface any fence, building
or other structure in the area.
[Added 7-22-96 by Ord. No. 21-1996]
It shall be unlawful to climb upon, walk over, travel across,
damage or deface the sand dunes located in the following areas:
A.
An area of sand dunes, with planted sea grass, located at the southern
end of the Borough on the eastern side of Ocean Avenue; said area
being between the boardwalk and the Ocean Avenue sidewalk extending
from the Shark River Inlet to the Washington Avenue beach entrance
ramp, excluding a pathway adjacent to the boardwalk used for access
to the beach by fishermen/women and Borough employees.
B.
An area of sand dunes with planted sea grass located at the northern
end of the Borough on the eastern side of Ocean Avenue; said area
parallels Ocean Avenue and is approximately twenty-five (25) feet
wide. The area starts at the beginning of the concrete wall just north
of the East End Avenue Beach entrance and extends to the Bradley Beach
boundary line.
No person shall engage in the use of any fishing gear on the
boardwalk or near the swimming areas.
[Amended 5-12-76 by Ord. No. 12-1976; 6-22-78 by Ord. No. 11-1978; 5-14-84 by Ord. No. 6-1984; 5-13-2019 by Ord. No. 4-2019]
Lifeguards shall be on duty at the bathing areas between 9:00
a.m. and 5:30 p.m. daily during bathing times. When bathing shall
be determined to be unsafe and prohibited by either the Director of
the Department of Public Safety, the Director of Revenue and Finance,
or, in the absence of the preceding Directors, the Beachfront Supervisor,
signs shall be displayed indicating the beaches are closed and unguarded.
[Added 4-27-65 by Ord. No. 136]
No person shall transport fishing gear across the said area
in such manner as to expose any unguarded fishing hooks.
[Amended 6-26-89 by Ord. No. 17-1989]
Fishing shall be permitted from all jetties. However, during bathing hours as defined in § 64-1, it shall be unlawful for a person to engage in fishing activity carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property. The penalties for violating this section shall be defined in § 64-27.
[Added 6-26-89 by Ord. No. 17-1989]
