Borough of Manasquan, NJ
Monmouth County
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Table of Contents
Table of Contents
Editor's Note: For regulations restricting dogs on beaches and the boardwalk, see Chapter 5, Animal Control, Section 5-3.
Use Regulations
[1972 Code § 47-1]
The rules and regulations of this chapter for government, use, maintenance and policing of the dedicated beachfront, public walk, bathing beaches and bathing and recreational facilities, safeguards and equipment shall be observed by persons using the dedicated beachfront, public walk, bathing and recreational facilities, safeguards and equipment and waters adjacent thereto in the Borough.
[1972 Code § 47-20.1]
As used in this chapter, unless another meaning is clearly apparent from the language or context of any regulation, all references to the emergency access roadway, beachwalk, access ramps and dedicated beachfront shall include the access ramps east of First Avenue and the paved area along the Beachfront from the Manasquan Inlet to Ocean Avenue.
DRONE
An unmanned aircraft that can fly under the control of a remote pilot or by a geographic positions system ("GPS") guided autopilot mechanism, and that is equipped with a sensing device or capable of any data collection.
[Added 6-3-2019 by Ord. No. 2291-19]
[1972 Code § 47-1; Ord. No. 1160; Ord. No. 1625-94]
Each and every person using the bathing beaches and bathing and recreational facilities, except children who have not yet reached their 12th birthday, shall, before using the same and before entering upon the same, register with the duly authorized agents of the Borough employed for that purpose. Such person shall supply his or her name and address and such other information as may be required by the Borough Council or its authorized representatives.
[1972 Code § 47-1]
Each and every person so registered shall be furnished with a badge, check or other insignia, which badge, check or other insignia shall be serially numbered for identification purposes, shall be worn by the registrant conspicuously, shall be visible at all times and shall be exhibited at all times on demand to the beach inspectors or Manasquan Police, and the number of the badge, check or other insignia, at the time of registration, shall be entered opposite the registrant's name and address so that the registrant may be readily identified at all times in case of accident, sickness or death.
[1972 Code § 47-1; Ord. No. 962]
It shall be unlawful for any person to possess, display, make, sell or exchange any badge or insignia that is a copy, imitation, facsimile or reproduction of any official beach badge issued by the Borough.
[1972 Code § 47-1; Ord. No. 879; Ord. No. 905; Ord. No. 939; Ord. No. 1013; Ord. No. 1034; Ord. No. 1107; Ord. No. 1160; Ord. No. 1217; Ord. No. 1234; Ord. No. 1244; Ord. No. 1269; Ord. No. 1302; Ord. No. 1334; Ord. No. 1371; Ord. No. 1407; Ord. No. 1439; Ord. No. 1447; Ord. No. 1477; Ord. No. 1496; Ord. No. 1503-90; Ord. No. 1534-91; Ord. No. 1566-9; Ord. No. 1600-93; Ord. No. 1625-94; Ord. No. 1659-95; Ord. No. 1682-96; Ord. No. 1720-97; Ord. No. 1745-98; Ord. No. 1814-2000 § 1; Ord. No. 1845-2001 § 2; Ord. No. 1874-02 §§ 1 — 9; Ord. No. 1945-05 §§ 1 — 5; Ord. No. 1970-06 § 1; Ord. No. 2027-08 § 1; Ord. No. 2067-10 § 1]
The following charges shall be made for badges issued for the summer season during each calendar year:
a. 
For each daily weekday badge for persons over the age of 12 years the fee shall be as stated in Chapter 16, Fees. A "weekday" is defined as Monday through Friday.
b. 
For each daily weekend badge for persons over the age of 12 years the fee shall be as stated in Chapter 16, Fees. A "weekend" is defined as Saturday and Sunday.
c. 
For each weekly badge for persons over the age of 12 years the fee shall be as stated in Chapter 16, Fees. A "week" is defined as the period from Saturday through Friday.
d. 
For each season badge for persons over the age of 16 years the fee shall be as stated in Chapter 16, Fees. A season badge is valid for the entire bathing season.
e. 
For each season badge for persons 12, 13, 14, 15 or 16 years of age the fee shall be as stated in Chapter 16, Fees. A season badge is valid for the entire bathing season.
f. 
For each season badge for persons over the age of 65 years the fee shall be as stated in Chapter 16, Fees. A season badge is valid for the entire bathing season.
g. 
The Borough Council shall have the authority to establish, by resolution, a discount rate for daily badges and season badges, provided, however that discount rates for season badges shall apply only to badges purchased prior to a specific date which shall be established in the resolution.
h. 
For each daily weekday badge for persons over the age of 12 years which is sold on the dedicated beachfront at a location other than a badge booth or entrance/access area the fee shall be as stated in Chapter 16, Fees.
i. 
For each daily weekend badge for persons over the age of 12 years which is sold on the dedicated beachfront at a location other than a badge booth or entrance/access area the fee shall be as stated in Chapter 16, Fees.
j. 
A beach badge issued to a handicapped person shall be sold at 1/2 of the regular charge established for the particular category of badge to be issued. A handicapped person shall be a person as defined in N.J.S.A. 39:4-204.
k. 
Active members of the United States Armed Services and their dependents shall be allowed free admission to the beach upon presentation of a valid military status identification card at any beach entrance.
l. 
The terms "bathing season" or "summer season" shall mean the period from May 15th through September 15th of each year.
[1]
Editor's Note: See subsection 2-65.7 for fee exemptions for certain members of the volunteer fire companies and first aid squad.
[1972 Code § 47-1]
The charges mentioned in subsection 12-2.4 are made for the purpose of providing revenue to improve, maintain and police the dedicated beachfront; for providing bathing beaches, lifeguards, boats, ropes and other facilities, safeguards and equipment for public bathing and recreation; to provide for all equipment for the protection and safety of bathers using the beachfront; and to provide funds to protect the dedicated beachfront from erosion, encroachment and damage by the sea or otherwise.
[1972 Code § 47-1; Ord. No. 1600-93; Ord. No. 2075-10 § 1]
a. 
The Borough Council is authorized to employ a Department Head, Chief Lifeguard and such other employees as may be necessary to carry out and enforce the provisions of this chapter and to purchase supplies and materials as may be necessary.
b. 
The Borough Council is hereby authorized and empowered to adopt such other rules and regulations as may be necessary for the proper control and regulation of the beachfront and waters adjacent thereto.
[1973 Code § 47-1; Ord. No. 2075-10 § 1]
a. 
The Department Head of the Beach Department shall serve yearly at the pleasure of the Borough Council.
b. 
The Borough Council shall consider the recommendations from the Beach Committee and the Department Head's previous year's performance, if applicable, in considering reemployment of the Department Head.
c. 
The Department Head shall be compensated at an annual salary designated by the Borough Council. The salary shall be divided evenly for the pay periods during the term of the Department Head's annual service.
d. 
The Department Head shall oversee and supervise all Beach Department operations.
e. 
The Department Head shall be on duty six days each week, which shall include Saturdays, Sundays and holidays. The Department Head shall be entitled to one day off each week during the period of employment.
f. 
The Beach Committee may consider special requests by the Department Head for a holiday or weekend off.
[1972 Code § 47-1; Ord. No. 2075-10 § 1]
a. 
The Chief Lifeguard shall serve yearly at the pleasure of the Mayor and Borough Council for a period not to exceed six months, beginning April 1 and ending September 30 of each year.
b. 
The Mayor and Borough Council shall consider the recommendations from the Beach Committee and the Chief Lifeguard's previous year's performance, if applicable, in considering reemployment of the Chief Lifeguard.
c. 
The Chief Lifeguard shall be compensated at an annual salary designated by the Borough Council. The salary shall be divided evenly for the pay periods during the term of the Chief Lifeguard's annual service.
d. 
The Chief Lifeguard shall be Acting Department Head in the absence of the Department Head.
e. 
The Chief Lifeguard shall be on duty six days each week, which shall include Saturdays, Sundays and holidays. The Chief Lifeguard shall be entitled to one day off each week during the period of employment.
f. 
The Beach Committee may consider special requests by the Chief Lifeguard for a holiday or weekend off.
g. 
The Chief Lifeguard shall have direct responsibility for the supervisory lifeguard staff, lifeguards and the first aid and rescue team.
[1972 Code § 47-1; Ord. No. 1600-93; Ord. No. 2075-10 § 1]
All beach employees, with the exception of the Department Head and Chief Lifeguard, shall record the start of work, work breaks, and record the conclusion of the day's work on a time clock provided for that purpose.
a. 
Employees shall only record their times of employment and shall not record times of employment for any other employee.
b. 
The Department Head shall verify, on a daily basis, the times of employment of all beach employees who do not have access to the time clock.
[1972 Code § 47-15; Ord. No. 1600-93]
a. 
Lifeguards shall be maintained on duty at the bathing beaches now or hereafter established during the bathing hours between 9:00 a.m. and 5:30 p.m. The lifeguards shall have full police power and have full charge and supervision of the bathing at the respective beaches where they are stationed.
[1972 Code § 47-2; Ord. No. 1600-93]
No person or persons shall bathe from the dedicated beachfront except from the protected bathing beaches where flags or ropes, boats and lifeguards are provided by the Borough, and only at such times as the lifeguards are on duty. Separate bathing beaches with flags or ropes, boats and lifeguards shall be provided on the dedicated beachfront for the protection of bathers and to prevent congestion at the bathing beaches.
[1972 Code § 47-3; Ord. No. 1600-93; Ord. No. 1775-98 § 1; Ord. No. 2027-08 § 2]
No person or persons shall play baseball or engage in any kind of ball playing, nor shall any person or persons engage in any game or exercise which involves the throwing or projecting of any object in the area between the monumented beachfront line and the western toe of the sand dunes, which area includes the public walk on the dedicated beachfront, except in areas and periods of time designated for this purpose.
[1972 Code § 47-4]
No person or persons shall disrobe, dress or undress on the dedicated beachfront.
[1972 Code § 47-5]
No person shall throw any bottles, cans, paper or other refuse upon the dedicated beachfront, and all such refuse shall be placed in containers provided therefor.
[1972 Code § 47-6; Ord. No. 1593-93; Ord. No. 1823-00 § 1]
It shall be unlawful for the owner of any dog to permit same to be upon the dedicated beachfront, beachwalk or municipal property adjacent thereto between April 1st and October 31st of each year.
The owner of any dog under the control of a leash may utilize the dedicated beachfront east of the sand dunes, and the approaches and beachwalk for access only, between November 1st and March 31st of each year.
[1972 Code § 47-7; Ord. No. 1355]
No person or persons shall ride, walk, carry or park a bicycle or similar device on the public walk or dedicated beachfront for the period between the Friday preceding Memorial Day and Labor Day of each year, except during the hours of 6:00 a.m. and 9:00 a.m. Bicycle riding is permitted on the public walk and dedicated beachfront during the remainder of the year.
[1972 Code § 47-8]
No fires will be permitted on the dedicated beachfront without the permit in writing from the Borough Council.
[1972 Code § 47-9]
No person or persons shall climb, break, damage or deface any fence or other Borough property on the dedicated beachfront.
[1972 Code § 47-10; Ord. No. 2027-08 § 3]
No person or persons shall peddle, vend, sell, distribute or offer for sale any goods, wares, merchandise or raffle tickets on the dedicated beachfront or the public walk on the dedicated beachfront.
[1972 Code § 47-11]
No person or persons shall solicit any business on the public walk or dedicated beachfront.
[1972 Code § 47-12]
No person or persons shall sell or distribute any leaflets, circulars, pamphlets or other printed matter upon the dedicated beachfront or on the public walk.
[1972 Code § 47-13]
No person or persons shall use or tamper with any boat or other lifeguard equipment except in case of emergency, without the permission of the captain of the lifeguards.
[1972 Code § 47-14]
No person or persons shall engage in surf fishing in the bathing areas during bathing hours.
[1972 Code § 47-16; Ord. No. 2111-12 § 3]
No person or persons shall bring, possess or consume any alcoholic beverage on the public walk or dedicated beachfront. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction, be subject to a fine in the amount of $400.
[1972 Code § 47-18]
No person shall model any obscene or lewd figures upon such dedicated beachfront.
[1972 Code § 47-19]
No person shall take or haul any beach sand or soil from the dedicated beachfront.
[1972 Code § 47-20]
No holes shall be dug in the dedicated beachfront in such a manner as to leave a depression which creates a safety hazard.
[1972 Code § 47-20.1; Ord. No. 1355; Ord. No. 1600-93]
No person shall fly or utilize a kite, toy/model airplane or similar device on the dedicated beachfront, except in areas and periods of time designated for this purpose.
[1972 Code § 47-20.1; Ord. No. 1355; Ord. No. 1600-93]
No person shall ride, walk, carry or park a moped, motor scooter, motorcycle or other motorized vehicle on the public walk adjacent to the dedicated beachfront at any time, except authorized employees of the municipality.
[1]
Editor's Note: See also Subsection 3-17.1, Use Restriction for Minibikes and Trail Bikes.
[1972 Code § 47-20.1]
No person shall use roller skates, roller blades, skateboards, or similar devices on any public walk, including the access ramps adjacent thereto, for the period between the Friday preceding Memorial Day and September 30 of each year, except during the hours of 6:00 a.m. to 9:00 a.m. Roller skating, roller blading and skateboarding is permitted on the public walk during the remainder of the year.
[Ord. No. 2-27-08 § 5]
No person shall cause or permit any type of boat to be placed on the dedicated beachfront, except that kayaks and canoes can be placed on the beachfront in areas and within time periods designated for this purpose.
[1]
Editor's Note: Former Subsection 12-4.21, Surfboards Restricted, previously codified herein and containing portions of 1972 Code § 47-20.1 and Ord. No. 1600-93, was repealed in its entirety by Ord. No. 2027-28. See Subsection 12-4.23 for restrictions for surfers.
[1972 Code § 47-20.1; Ord. No. 1462; Ord. No. 1600-93]
No person shall engage in the activity of playing volleyball on the dedicated beachfront, except in areas and periods of time designated for this purpose.
[1972 Code § 47-20.1; Ord. No. 2027-08 §§ 6, 7]
The use of the beach area by fishermen and surfers is restricted. The beach area between the north jetty of the Manasquan Inlet and the first storm jetty to the north of the Inlet jetty may be used by surfers at any time. Surfing in all other areas along the beach between May 15 and September 15 of each year is permitted only between the hours of 5:30 p.m. and 8:30 p.m.
From May 15 through September 15 of each year, fishermen may only use the beach area between the hours of 5:30 p.m. and 8:30 a.m. Fishermen may use all areas of the beach at all times from September 16 through May 14 of each year.
[1972 Code § 47-20.2; Ord. No. 1600-93]
No person shall take or possess a glass bottle, jar or similar container upon the dedicated beachfront.
[1972 Code § 47-20.1]
No person shall recline, lie flat, prone or prostrate on the dedicated beachfront during the period between sunset and sunrise of the following day.
[Added 6-3-2019 by Ord. No. 2288-19[1]]
a. 
The Chief Lifeguard, with input from the Police Chief, will regulate and control the beachfront as to determine whether bathing and/or surfing is to be permitted, restricted or closed after normal operating hours. Lifeguards will remain on duty under the direction of the Chief Lifeguard and support of the Police Chief. Beaches can be closed to bathing and/or surfing completely whereby lifeguards and police would keep people away from the dangerous surf or have restricted bathing and/or surfing in designated areas as determined by the Chief Lifeguard and support from the Police Chief.
b. 
Under the direction of the Chief Lifeguard, when lifeguards are told to secure and depart the beachfront, the lifeguards will advise the patrons that they are going off duty and to not go near the dangerous surf to swim or surf. The Chief Lifeguard will notify the Borough of Manasquan Police Department that the lifeguards are off duty. The police will then monitor the beach, keeping people out of the surf when lifeguards are not present. Rough Surf Management Plan will remain in effect until the surf conditions subside and normal beach operating conditions are in effect.
[1]
Editor's Note: This ordinance was amended 3-2-2020 by Ord. No. 2310-20 to correct the number of the added section.
[Added 6-3-2019 by Ord. No. 2291-19[1]]
No person shall fly or utilize a drone or similar device on the dedicated beachfront area, entire beachwalk and all access ramps that lead to the beachwalk between the hours of 9:00 a.m. and 4:30 p.m. EST.
[1]
Editor's Note: This ordinance was amended 3-2-2020 by Ord. No. 2310-20 to correct the number of the added section.
[1972 Code § 47-22]
As used in this section:
GOGGLE FISHING or SPEARFISHING
Shall mean attempting to take or the taking of fish, crabs, or other marine life by means of a spear, harpoon, dart, arrow, gun or any missile hand-held or hand-propelled by the fisherman or the taking or the attempting to take of fish, crabs or other marine life by means of any device which is hand-held or hand-propelled and projects a missile of any kind.
[1972 Code § 47-23; Ord. No. 2027-08 § 8]
No person or persons shall engage in goggle fishing or spearfishing in the beachfront areas of the Borough during the period from May 15 to October 15 in each year.
[1972 Code § 47-24; Ord. No. 2027-08 § 9]
No person or persons shall engage in goggle fishing or spearfishing from any jetties bounding the beachfront areas or from any jetty or jetties within any beachfront areas of the Borough during the period from May 15 to October 15 in each year.
[Ord. No. 1882-02 § 1]
The municipal beaches provide an opportunity for residents and visitors to enjoy Manasquan's seashore environment, breathe the fresh salt air, play or relax on the sand or in the water, and engage in other healthy and wholesome recreational or fitness related activities.
The odors caused by persons who smoke tobacco products and the litter caused by persons who improperly dispose of cigarette butts on the beach significantly detract from this wholesome and healthy environment and reduce the enjoyment of the beach for people who want to enjoy a healthy and wholesome environment free of smoking related pollution.
For many years, volunteer groups performing beach and dune clean-ups have reported that cigarette butts constitute a significant portion of litter collected from this area.
Manasquan's beach cleaning equipment is unable to pick up cigarette butts from the beach, and it is not economically feasible for the municipality to regularly sift the sand to remove discarded cigarette butts.
Manasquan wants to promote and enhance the healthy and wholesome environment of its beaches, and safe enjoyment of these facilities by all individuals, especially children, by prohibiting smoking on its beaches except in areas specifically designated and suitably equipped for that purpose.
The creation of smoke-free areas on Manasquan's beaches will reduce smoking-related litter because designated smoking areas can be better equipped to facilitate the proper disposal of smoking-related litter. Also, by reducing the areas where smoking-related litter will be likely to accumulate, removal of this litter will be more practical.
[Ord. No. 1882-02 § 2; Ord. No. 1886-02 § 1]
No person shall discard bottles, cans, paper or other refuse, including, but not limited to, cigarette butts, cigar butts, and other tobacco products, in the beachfront area. All refuse, paper and litter shall be placed in refuse containers provided by the municipality.
[Ord. No. 1882-02 § 3; Ord. No. 1886-02 § 2; Ord. No. 1960-05 § 1; amended 6-3-2019 by Ord. No. 2291-19]
No person shall smoke a cigarette, cigar, electronic smoking device or other tobacco product in the beachfront area, entire beachwalk and all access ramps that lead to the beachwalk at any time.
[Ord. No. 1882-02 § 4; Ord. No. 1960-05 § 2]
The Borough Council 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. For purposes of this section, the term "beachfront area" shall mean all areas east of the municipal beachwalk. The "beachfront area" shall include, the beach, beach jetties, dunes, beach plantings and waters adjacent to such area. Nothing herein shall be construed to limit the municipality from enforcing other applicable provisions of the Municipal Code, New Jersey State Statutes or other applicable laws.
a. 
No unauthorized person shall operate, drive or propel any motor vehicle, animal-driven vehicle or motorized bicycle on the walkway at the beachfront and the ramps or approaches thereto, the walkway at Stockton Beach Park of the Esplanade at the Inlet on Riverside Drive unless such person is the holder of a valid beach access permit.[1]
[1]
Editor's Note: See Section 12-9 for Beach Access Permit.
b. 
Handicapped persons driving motor vehicles with valid handicapped license plates are authorized to use the Ocean Avenue beach access ramp. The north ramp is designated one-way westbound and the south ramp is designated one-way eastbound.
[1972 Code § 47-20.1G]
No motor vehicle, other than a municipally-owned motor vehicle or a vehicle operated by an authorized agent of the Municipality, shall use the beach emergency access roadway except as hereinafter provided.
[1972 Code § 47-20.1G; Ord. No. 1961-05 § 1; Ord. No. 2180-15]
A person, firm, or corporation seeking permission to use the beach emergency access roadway shall file a permit application with the Municipal Clerk. The application shall be made in writing and contain the following information:
a. 
The purpose for which the applicant seeks to use the emergency beach access roadway.
b. 
The street address and lot and block number of the property which the applicant seeks to gain access to by use of the roadway.
c. 
The type of vehicle(s), full description and color of the vehicle(s) together with the license plate number of the vehicle(s).
d. 
The name, address, business telephone number and home telephone number of the person responsible for the vehicle(s) using the access roadway.
e. 
The applicant shall be required to pay a fee as stated in Chapter 16, Fees, to cover costs incurred by the Borough in the issuance of this permit and inspection(s) incidental thereto.
f. 
(Reserved)
g. 
If the vehicle(s) to be utilized has a gross vehicle weight of 5,000 pounds or less, no cash deposit is required.
h. 
If the vehicle(s) to be utilized has a gross vehicle weight exceeding five 5,000 pounds, the applicant shall be required to post a cash deposit or letter of credit issued by a bank authorized to do business in the State of New Jersey as stated in Chapter 16, Fees, to ensure that the beach emergency access roadway is not damaged.
[1972 Code § 47-20.1G]
A public utility corporation of the State of New Jersey may post a corporate bond on a yearly basis in the amount of $5,000 in lieu of a cash deposit. The corporated bond shall, by its terms, provide for the payment of any damages by or from the acts of the applicant, its agents, servants or subcontractors and save the Borough harmless from any suits at law, or otherwise which may result from damages sustained by any person or property as the result, directly or indirectly, of the work performed under this permit. Any utilities authority formed under the provisions of Title 40 of the New Jersey Revised Statutes may, in lieu of posting a corporate bond, file with the Municipal Clerk a statement that the authority will provide the payment of any damages by or from its acts, its agents, servants or subcontractors and save the Borough harmless from any suits at law or otherwise which may result from damages sustained by any persons or property as the result, directly or indirectly, of the work performed under this permit.
[1972 Code § 47-20.1G]
The cash deposit, as provided above, shall be retained by the Borough Treasurer until the applicant has terminated use of the emergency access roadway. The applicant shall notify the Municipal Clerk, in writing, of the fact that the use of the access roadway is no longer required. At such time, the access roadway shall be inspected by the Superintendent of Public Works to determine if it has been damaged.
[1972 Code § 47-20.1G]
The applicant shall be responsible for any damages sustained to any person or property as a result, directly or indirectly, of the use of the access roadway and shall save the Borough harmless from any suits at law or otherwise which may result from such use of the access roadway. The costs to repair damage to the access roadway shall be charged against the cash deposit (if applicable) and the balance of the deposit, if any, shall be returned to the applicant. In the event the cash deposit is insufficient or if a deposit has not been made to cover the costs incurred in restoring the access roadway to its former condition, the holder of the permit shall be responsible for any excess costs incurred by the Borough.
[1972 Code § 47-20.1G]
The holder of a permit under this regulation shall be limited to utilizing the access roadway between the hours of 8:00 a.m. and 4:30 p.m. The use of the access roadway is expressly prohibited on Saturdays, Sundays and for the entire period from the Saturday before Memorial Day to Labor Day of each year.
[1972 Code § 47-20.1G]
The Chief of Police or his designee may require traffic control devices or barriers to be erected in order to insure the safety of the public.
[1972 Code § 47-20.1G]
Use of emergency access roadway shall be limited to vehicles having rubber tires. No vehicle, such as a backhoe with out-riggers or a track bulldozer, shall be permitted to use the access roadway.
[1]
Editor's Note: See subsection 2-65.4 for application fee and security deposit for use of beachfront facilities for special events.
[1972 Code § 47-26; Ord. No. 886; Ord. No. 1336; Ord. No. 1371; Ord. No. 1407; Ord. No. 1439; Ord. No. 1477; Ord. No. 1600-93; Ord. No. 2075-10 § 1]
No group of 20 or more people shall be admitted to the bathing beaches without first having secured a permit from the Department Head.
[1972 Code § 47-26; Ord. No. 886; Ord. No. 1336; Ord. No. 1371; Ord. No. 1407; Ord. No. 1439; Ord. No. 1477; Ord. No. 1600-93; Ord. No. 2075-10 § 1]
Groups of 20 or more people will be issued a permit for use of the bathing beaches provided that an application for the permit is made at least seven days prior to the date of the proposed use by such group.
[1972 Code § 47-26; Ord. No. 886; Ord. No. 1336; Ord. No. 1371; Ord. No. 1407; Ord. No. 1439; Ord. No. 1477; Ord. No. 1600-93; Ord. No. 2075-10 § 1]
a. 
Organizations or groups of 20 or more people may be denied a permit by the Department Head if the group is too large to be accommodated by the beach facilities.
b. 
Organizations or groups may be denied a permit, or a permit may be revoked, for failure to comply with any of the beach regulations, or with the lawful orders of municipal officials and employees.
[1972 Code § 47-26; Ord. No. 886; Ord. No. 1336; Ord. No. 1371; Ord. No. 1407; Ord. No. 1439; Ord. No. 1477; Ord. No. 1600-93]
Disrobing or changing of clothes by members of groups of 20 or more people must be done at bathhouses specifically identified for that purpose in the beach area.
[1972 Code § 47-26; Ord. No. 886; Ord. No. 1336; Ord. No. 1371; Ord. No. 1407; Ord. No. 1439; Ord. No. 1477; Ord. No. 1600-93; Ord. No. 2180-15]
Any bus or similar conveyance used by groups of 20 or more people must be parked at a designated municipal parking lot. A parking fee as stated in Chapter 16, Fees, shall be charged for each bus parking in the municipal parking lot.
[1972 Code § 47-26; Ord. No. 886; Ord. No. 1336; Ord. No. 1371; Ord. No. 1407; Ord. No. 1439; Ord. No. 1477; Ord. No. 1600-93]
Chaperones for children shall be provided as follows:
a. 
One chaperone for each 10 children under the age of 10 years.
b. 
One chaperone for each 15 children between the age of 10 and 14 years.
[Amended by Ord. No. 1745-98 § 2; Ord. No. 1814-2000 § 2; Ord. No. 1845-2001 § 1; Ord. No. 1874-02 §§ 10 — 13; Ord. No. 1906-03 § 2; Ord. No. 1926-04 § 1; Ord. No. 1970-06 § 3; Ord. No. 1972-06 § 1; Ord. No. 2002-07 § 1; Ord. No. 2027-08 §§ 10, 11; Ord. No. 2173-15; Ord. No. 2180-15]
a. 
Fees. No person shall park any motor vehicle in the municipal parking lots at Second Avenue, Third Avenue, Fourth Avenue, and Pompano Avenue, without paying the following fees for the privilege of parking a motor vehicle:
1. 
The fee as stated in Chapter 16, Fees, inclusive of sales tax, for each season parking permit. A season parking permit is valid for the entire bathing season. The holders of season parking permits may utilize the municipal parking lots at Second, Third, Fourth and Pompano Avenues.
2. 
The fee as stated in Chapter 16, Fees, inclusive of sales tax, for daily parking Monday through Thursday, inclusive, and continuing until 9:00 a.m. the following day.
3. 
The fee as stated in Chapter 16, Fees, inclusive of sales tax, for daily parking on Friday, Saturday, Sunday or holidays, and continuing until 9:00 a.m. the following day.
b. 
Season Parking Stickers.
1. 
A season parking ticket shall be valid from May 15 through September 15 in the year issued.
2. 
Season parking tickets will be on sale during the period of time designated by resolution of the Borough Council.
3. 
The Borough Council shall have the authority to establish, by resolution, a discount rate for season parking tickets, provided however, that discount rates for season parking tickets shall apply only to tickets purchased prior to a specific date which shall be established in the resolution.
4. 
Season parking tickets shall be for the exclusive use of the vehicle for which it was issued.
5. 
Season parking tickets must be affixed permanently to the vehicle for which they are registered on the left rear window of the vehicle.
6. 
Registration forms for season parking stickers shall provide for the name and address of the owner, a description of the vehicle, the license plate number of the vehicle and the season parking sticker number.
7. 
Daily and season parking stickers shall not be loaned, given away, sold or transferred. Any person loaning, giving away, selling or transferring a parking sticker shall forfeit all rights to the sticker or ticket.
c. 
Parking Prohibited Certain Hours. No person shall park any motor vehicle in the municipal parking lots at Second, Third, Fourth and Pompano Avenues between the hours of 2:00 a.m. to 6:00 a.m. from October 1 through April 30. No person shall park any motor vehicle in the municipal parking lot at Third Avenue between the hours of 3:00 a.m. to 8:00 a.m. from May 1 to September 30.
[1]
Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 1028, 1373, 1406, 1421, 1430 and 1497.
See subsection 2-65.7 for fee exemptions for certain members of the volunteer fire companies and first aid squad.
[Ord. No. 2132-13; Ord. No. 2180-15; Ord. No. 2224-2017 § 1]
Parking permit requirements for Sea Watch Beach Parking Lot:
a. 
No person shall park any motor vehicle in the municipal parking lot at Sea Watch Beach without paying the following fee for the privilege of parking a motor vehicle:
1. 
The fee as stated in Chapter 16, Fees, inclusive of sales tax, for each parking tag. The parking tag shall display a number which will correspond with a designated parking space. Vehicles may only be parked in the designated spaces which match the number on the parking tag.
2. 
The Borough Council, by resolution, may adopt additional fees associated with this section.
b. 
Season Parking Tags.
1. 
A season parking permit shall be valid from May 15th through September 15th in the year issued.
[Ord. No. 2132-13; Ord. No. 2180-15; Ord. No. 2224-2017]
a. 
Locker permits for Sea Watch Beach.
1. 
Individuals may purchase a season permit for use of a locker at Sea Watch Beach and shall be valid from May 15th through September 30th in the year issued. The Borough of Manasquan shall not be responsible for any personal property of the permit holder. All personal property must be removed by September 30th in the year issued. If the permit holder fails to remove their personal property by that date, then the personal property shall become the property of the Borough of Manasquan.
(a) 
The locker permit fees shall be as stated in Chapter 16, Fees.
(b) 
The Borough Council, by resolution, may adopt additional fees associated with this section.
(c) 
The locker permit shall be valid from May 15th through September 15th in the year issued.
Beach Preservation and Protection
[1972 Code § 47-27; Ord. No. 89-1488]
It has been clearly demonstrated that well established and protected sand dunes, together with properly maintained beach and dune areas, are an effective protection against high tides and flooding, and against property damage by the ocean under storm conditions, and provide desirable protection of the coastal areas adjacent thereto, and the State of New Jersey, along with its political subdivisions and their inhabitants have an interest in the continued protection and preservation thereof, and in the restoration of them in the event of property damage or destruction.
The developed coastal area of New Jersey, including developed barrier islands and adjacent shorefront areas, represent a unique and invaluable social, economic, recreational, and aesthetic resource.
Given the present degree of commercial and residential development in these areas, given the measurable and intangible benefits that accrue to the residents of the State of New Jersey and the public at large from the beach, boating, fishing, and vacation facilities that this diversely developed coastal area offers and given the present extensive knowledge of the protective and restorative nature of beach nourishment, dune creation, dune restoration and other selected coastal engineering programs, it is hereby declared that it is appropriate, essential, feasible, and in the public interest to preserve, protect, and enhance these coastal regions in their developed state.
It is the purpose of this section to define the areas so affected and to establish regulations to assure their continued effectiveness. This section is declared to be an exercise of the police power in the interest of safety and welfare and for the protection of persons and property.
[1972 Code § 47-28; Ord. No. 89-1488]
ACCRETION
Shall include either natural or artificial land. Natural accretion is the buildup of land, solely by action of the forces of nature, on a beach by deposition of waterborne or airborne material.
Artificial Accretion is a similar buildup of land by reason of an act of man, such as the accretion formed by a breakwater or beachfill, deposited by mechanical means.
BEACH
Shall mean gently sloping, unvegetated areas of sand or other unconsolidated material that extends landward from the mean high water line to where there is a marked change in the material of physiographic form i.e., a. dune; or b. beach walkway.
DUNE
Shall mean a wind or wave deposited formation of vegetated or drifting wind-blown sand, generally parallel and landward between the inland limit of the beach and the foot of the most inland dune slope, including primary, secondary, and tertiary dunes where they exist. Formations of sand immediately adjacent to beaches that are stabilized by retaining structures, such as snow fences, planted vegetation, and other measures are considered to be natural dunes, regardless of the degree of modification of the dune by wind or wave action or disturbance by development.
A dune shall not include loose, wind-blown sand found in a street, on part of a structure, or against any structure such as comfort stations, lifeguard tents, pavilions or the beach walkway, as a result of wind or storm activity.
DUNE DEVELOPMENT DISTRICT (DDD)
Shall mean an area located seaward of the beach walkway delineating a beach zone presently without dunes. The width of the DDD district will extend an average of 50 feet from the boardwalk line toward the ocean. Placement of fence and planting of vegetation will be completed in an effort to trap wind-blown sand and develop a dune. The DDD district is considered to have dynamic boundaries which moves in response to seasonal winds and storms. Consequently, the boundaries of the DDD district will be reviewed every 12 months and following any storm which damages large portions of the district. The boundary review process will be conducted by the Borough Council, Department of Public Works and representatives of the New Jersey Department of Environmental Protection, Division of Coastal Resources.
EROSION
Shall mean the wearing away of land by the action of natural forces. On a beach, the carrying away of beach sediments by wave action, tidal currents, littoral currents and wind.
MEAN SEA LEVEL
Shall mean the 1929 Datum established by the United States Coast and Geodetic Survey or, such other datum as may be established by the United States Army Corps of Engineers or other properly authorized agencies.
PERSON
Shall mean natural persons, partnerships, firms, associations, and any receiver, trustee, conservator, or other officer appointed pursuant to law or by any Court, State or Federal. "Person" shall also mean the State of New Jersey, counties, municipalities, authorities, other political subdivisions, and all departments and agencies within the aforementioned governmental entities.
SAND FENCE
Shall include the term snowfence and shall mean a barricade established in a line or pattern to accumulate sand and aid in the formation of a dune. It shall include, and normally be limited to, the commercial variety of light, wooden picket fence and held together by wire and secured by posts.
SHORE FRONT PROTECTION AREA
Shall mean that area which extends from the mean high water line to the seaward toe of the dune, as hereinbefore defined.
[1972 Code § 47-29; Ord. No. 89-1488]
a. 
Within shorefront protection areas, no person shall undertake or cause to be undertaken any activity including the construction relocation, reconstruction, modification, expansion, or demolition of any temporary, mobile or permanent structure, except, upon the approval of the Borough Council.
[1972 Code § 47-29; Ord. No. 89-1488]
The following uses may be permitted:
a. 
Open space, beach or water recreation.
b. 
Beach walkways to permit access across the dunes to the beach, without damage to the dunes themselves.
c. 
Sand fences and dunes to encourage the accumulation of sand.
d. 
Pavilions or similar small platforms less than 400 square feet in area, provided that they do not have solid walls, are mounted on suitable pilings, and provided further that it shall be established to the satisfaction of the Borough Engineer that the proposed design and construction methods as applied to the particular site situation and time will not:
1. 
Unreasonably disturb the existing dunes.
2. 
Be likely to create wind currents detrimental to the existing dunes; or
3. 
Be likely to create, increase, or prolong any other hazard.
e. 
Necessary buildings and structures for public safety and convenience, including infrastructure, first aid stations, lifeguard stations, beach walkways and attached buildings, comfort stations, piers, dune walkover structures and related activities.
f. 
Necessary shorefront protection and stabilization improvements, including groins, bulkheads, and activities related to beach restoration projects.
g. 
The operation of specially permitted and licensed vehicles for public safety and maintenance purposes only, and any other activities deemed necessary by the Borough.
[1972 Code § 47-29; Ord. No. 89-1488]
Landward of dune areas, a property owner may remove clean wind-blown sand which must be deposited eastwardly of his property line and beach walkway.
[1972 Code § 47-29; Ord. No. 89-1488]
Within the "dunes" and "dune development district" areas, the following activities are prohibited:
a. 
The operation of any motor vehicle except in designated access ways.
b. 
The removal of sediment and native vegetation.
c. 
Placement of nonliving trees, brush, shrubs or other debris.
d. 
Pedestrian or vehicular traffic on or over dunes or sand fencing, except in designated access ways.
e. 
Removal, mutilation, or destruction of sand or sand fencing unless removal is part of an authorized dunes maintenance activity.
[1972 Code § 47-29; Ord. No. 89-1488]
Within the "shore front" protection areas or the Dune Development District, unless otherwise controlled elsewhere in this section, no person shall undertake or cause to be undertaken a regulated activity hereinafter defined until he has applied for and received a permit issued by the Borough.
[1972 Code § 47-30; Ord. No. 89-1488]
a. 
Regulated activities shall mean and include:
1. 
The construction, relocation, modification, expansion, or demolition of any temporary, mobile or permanent structure subject to applicable building standards.
2. 
The removal, excavation, filing, or deposition of any soil, mud, sand, gravel, or other material except as noted hereinafter.
3. 
The construction, reconstruction, or major repair of any public facilities, including but not limited to roads, sewers, bridges, electric power, telephone, gas, and water lines.
4. 
The construction of pipelines and other lineal development.
5. 
The designation and development of accessways and pedestrian paths and walkways through dunes.
6. 
Beach cleaning and various activities of maintenance.
b. 
Regulated activities shall not mean or include:
1. 
The operation of motor vehicles by government agencies for public safety, beach maintenance, and emergency purposes.
2. 
The operation of motor vehicles outside of beach and dune areas.
3. 
The repair of any existing structure provided it is authorized by a construction permit and does not conflict with any ordinance as herein stated.
4. 
The removal of sand from designated driveway or accessways within the shorefront protection area, with the exception of sand removal from the beach walkway.
5. 
Any sand deposited by action of wind or water on private and/or public properties landward of the dune area may be removed but must be deposited seaward of the bulkhead line and/or beach walkway.
6. 
Only those activities conforming with subsection 12-20.4, shall be approved.
[1972 Code § 47-31; Ord. No. 89-1488]
In addition to the penalties stated in Chapter 1, Section 1-5, the Manasquan Beach Patrol, Construction Official, Police Department or other duly authorized officers or employees are hereby empowered to pursue such legal and equitable relief as may be necessary to abate any violation or enforce any conditions of Section 12-20.
[1]
Editor's Note: Former Section 12-25, Permits (Storage of Sailboats or Municipal Beachfront) previously codified herein and containing portions of Ordinance Nos. 1875-02 and 1970-06 was repealed in its entirety by Ordinance No. 2027-08.
[1]
Editor's Note: Former Section 12-26, Rules and Regulations for the Storage and Use of Sailboats on the Municipal Beachfront, previously codified herein and containing portions or Ordinance Nos. 1875-02 and 1970-06, was repealed in its entirety by Ordinance No. 2027-08.