[1972 Code § 3-5.1; Ord. #5-1975; Ord. #012-2008,
§ 1]
The Township operates, maintains and controls as public parks
and playgrounds, the beach approaches thereto and bathing area adjacent
thereto together with public docks and playgrounds in and on the back
basins, harbors, and waterways of the Township for the enjoyment,
recreation, pleasure, safety, health, peace and quiet of all persons
seeking the privilege of these facilities, and it is deemed necessary
and expedient to preserve the health, safety and welfare of the residents
of the Township and the visitors thereto and to protect public morals.
Said facilities shall be accessible to the public at all times, ensuring
public access, use and enjoyment of those facilities in accordance
with the following rules and regulations.
[1972 Code § 3-5.2; Ord. #5-1975; Ord. #012-2008,
§ 1]
As used in this section:
Shall mean that area consisting of natural sandy deposits
within the Township adjacent to and abutting the Atlantic Ocean, Corson's
Inlet, Peck's Bay, Great Egg Harbor Bay and the Tuckahoe River.
[1972 Code § 3-5.3; Ord. #5-1975; Ord. #3-1982,
§ 1; Ord. #6-1983, § 1; Ord. #012-2008, § 1]
The aforementioned facilities in subsection 9-1.1 shall be accessible to the public at all times, ensuring public access, use and enjoyment of those facilities in accordance with the following rules and regulation:
a.
Playing of Games. It shall be unlawful to throw, bat or catch a baseball,
football, basketball or softball, or to engage in the playing of any
game endangering the health and safety of others, except by permit
issued by the Township Committee for specified areas.
b.
Swimming Beyond Safe Depth. It shall be unlawful to swim or bathe
beyond a safe depth in the ocean, bays or rivers, as indicated, determined
or regulated by the Township lifeguards.
c.
Use of Objects in Water Prohibited; Exception. During the months
of May, June, July, August, and September, it shall be unlawful to
use lifebelts, inflatable rafts, water wings, innertubes or inflated
objects or devices of any kind or description in the ocean adjacent
to the beach, except on such areas of the beach designated by resolution
of the Township Committee for the use of such objects, which resolution
may be adopted and which, following adoption, may be amended, supplemented
or rescinded. Such objects shall be utilized only in the designated
areas and at no other place on the beach. The Township Committee shall
cause the beach area designated for such specified purposes to be
posted with appropriate notices.
d.
Refuse and Debris. It shall be unlawful to throw, place, deposit
or leave any bottles, glass, crockery, sharp or pointed article or
thing, papers, refuse or debris of any kind, in beach areas except
in the proper receptacles provided on the beach.
e.
Orders and Directions of Lifeguards. It shall be unlawful to ignore
or disobey all orders, directions, whistles or other signals used
by Township lifeguards and police officers.
f.
Alcoholic Beverages. It shall be unlawful to consume, openly display,
dispense or offer to dispense or consume any beer, wine, whiskey or
other alcoholic beverages upon the streets, highways, sidewalks, public
or quasi-public places, or in automobiles or other vehicles while
moving or parked upon the streets, highways, alleys, parking lots
or other places not expressly licensed for the sale and consumption
of such beverages upon the premises so licensed.[1]
g.
Damaging Township Property. It shall be unlawful to climb upon or
stand on the railings, fences or benches so as to cause or to likely
cause damage to such, or approaches thereto, or tamper with or handle
the lifeguard boats or other equipment used by the lifeguards on the
beach.
h.
Conduct on the Beach. It shall be unlawful to revel, disport or behave
in a noisy and boisterous manner, emitting loud cries and other noises,
so as to inconvenience others, or otherwise disrupt and disturb the
public peace and dignity within the defined areas. It shall be unlawful
to act in a loud, indecent, obscene, offensive or lascivious manner
within the defined areas.
i.
Loitering. It shall be unlawful to loiter, assemble, band or crowd
together, so as to interfere or to likely interfere with the ingress
and egress of others at the street ends approaching the beach or within
the areas defined as the beach and approaches thereto.
j.
Hours of Swimming. It shall be unlawful for any person to swim, bathe
or enter any waterway from any public beach after sunset and before
sunrise, except where permission to do so has been provided the Township
of Upper or their designated representative, or unless the person
entering the ocean is doing so in an attempt to assist or save someone
else in the waterway.
k.
Vehicles and Horses Prohibited; Exceptions. It shall be unlawful
to drive a motorcycle, bicycle or any motor operated or horse drawn
vehicle or to ride a horse upon the beach or approaches thereto. This
provision shall not apply to Township-owned vehicles in the course
of public needs or requirements.
l.
Changing in Public; Sleeping in Cars. It shall be unlawful to use
any vehicle within the boundaries of the Township, or any public rest
room or other public shelter or place not designed for that purpose,
as a place for the changing from street attire into bathing suits
or vice versa, or to sleep in cars at any time, either day or night.
m.
Fires. It shall be unlawful to build beach fires upon and within
the amusement or recreational areas as defined in this section.
n.
Use of Public and Private Property.
1.
It shall be unlawful to use any public or quasi-public bench or seat,
upon and within the defined recreational and amusement areas, for
sleeping, or to lie upon them, or to usurp the uses thereof for the
storage of baskets, bundles, clothing or other like objects so as
to prevent the reasonable use thereof by others.
2.
It shall be unlawful to enter upon any public or quasi-public place
or private property, without the consent of the owner or person in
lawful control and possession thereof, to change apparel, dress or
undress, perform any of the functions of the human body, or commit
any other nuisance.
o.
Fishing. It shall be unlawful to fish on any public beach within
250 feet of any lifeguard stand between the hours of 9:00 a.m. and
7:00 p.m.
p.
Sleeping on the Beach. It shall be unlawful to sleep on any public
beach between the hours of sunset and sunrise.
[1972 Code § 3-5.4; Ord. #5-1975; Ord. #3-1982,
§ 2]
During the months of May, June, July, August and September,
the use of surfboards, sailboats, catamarans and other similar devices,
shall be permitted only on one or more beaches so designated by resolution
of the Township Committee, which resolution may be adopted and which,
following adoption, may be amended, supplemented or rescinded. The
use of surfboards, sailboats, catamarans and other similar devices
shall be permitted only on the designated beach or beaches and shall
be permitted at any time between the hours of 6:00 a.m. and 9:00 p.m.
Swimming and bathing on such beach or beaches designated for the use
of surfboards, sailboats, catamarans and other similar devices is
absolutely prohibited. The Township Committee shall cause the designated
beach or beaches to be posted with appropriate notices.
[Ord. #13-1985, §§ 1-3]
a.
The Township beach known and designated as the Beesley's Point Beach
shall be protected by Township lifeguards between the hours of 9:00
a.m. and 5:00 p.m.
b.
All other public beaches within the Township, with the exception
of the beach at Tuckahoe, shall be protected by lifeguards between
the hours of 10:00 a.m. and 6:00 p.m.
c.
No lifeguard protection shall be provided at the beach at Tuckahoe.
The area shall be designated as an unprotected beach and appropriate
signs and notices to that effect shall be posted.
[Ord. #9-26-88, §§ 1-3]
a.
Swimming Prohibited. It shall be unlawful for any person to swim
or dive from the general westerly side of the pier located in the
public bathing area of Beesley's Point. Swimming shall only be permitted
off the beach area.
b.
Fishing and Crabbing Prohibited. It shall be unlawful for any person
to engage in fishing or crabbing from the pier or floating dock located
at the public bathing beach at Beesley's Point.
[Ord. #6-1983, § 2]
The recreational facility in Tuckahoe shall be closed to the
public between the hours of 10:00 p.m. and 6:00 a.m. except for those
activities and events which are sponsored by and scheduled through
the Township Recreation Committee. It shall be unlawful for any person
to use the Tuckahoe recreational facility for any purpose after 10:00
p.m. and before 6:00 a.m. except as provided for in this section.
[Ord. #7-1986, § 1; Ord. #11-1992, § 1]
As used in this section:
Shall mean a catamaran type sailboat of twin pontoon construction
and is a vessel or water craft capable of being used as a means of
transportation on water and propelled wholly by sails. Specifically
excluded from use upon the beaches are boats or power vessels temporarily
or permanently equipped with machinery for propulsion.
Shall mean to navigate or possess or otherwise use a sailboat.
Shall mean a person other than a lien holder having the property
interest in or title to a sailboat. The term includes a person entitled
to the use or possession of the sailboat.
Shall mean a seaworthy vessel or other water craft with a
single hull capable of being safely operated in the surf and surrounding
waters which is essentially equivalent to a Sailfish or Sunfish. This
definition specifically excludes vessels with hulls of unprotected
styrofoam or similar plastic joint material. The vessels or craft
must be propelled only by sails and cannot either temporarily or permanently
be equipped with machinery for propulsion.
[Ord. #7-1986, § 2; Ord. #11-1992, § 1]
All rubber or canvas type rafts or surfboards are exempted from
this section by reason of their being otherwise regulated.
[Ord. #7-1986, § 3; Ord. #11-1992, § 1]
Every owner of every permitted sailboat as defined above shall
be required to obtain a license from the Township before bringing
or permitting to be brought or using any sailboat on any designated
beach or in the surf in the Township.
[Ord. #7-1986, § 4; Ord. #11-1992, § 1]
All licenses for the use and operation of sailboats shall be
issued by the Township Clerk. Licenses shall be for a term commencing
not earlier than May 1 of the year of issuance until November 1 of
the same year.
[Ord. #7-1986, § 5; Ord. #11-1992, § 1]
The Township Clerk shall provide application forms for all licenses.
The forms shall provide that the applicant supply the following information
and documentation:
a.
Applicant must be at least 18 years of age;
b.
The sailboat shall not be more than 18 feet in length and a complete
description setting forth make, number, (if any), color of hull and
color of sails, and design shall accompany the application;
c.
Every sailboat 12 feet or more in length must be registered with
the appropriate agency of the State of New Jersey;
d.
The licenses issued or to be issued by the Township, shall not be
transferable;
e.
Each owner of a sailboat to be licensed shall submit to the Clerk,
together with the application, a paid up insurance policy covering
public liability for injury to any person or persons in the amount
of $100,000 per person, and $300,000 per occurrence. Nothing contained
herein shall be construed to limit the acquisition of additional coverage;
f.
The letter decal issued by the Township shall be displayed on the
right front hull of the vessel.
[Ord. #7-1986, § 6; Ord. #11-1992, § 1]
The license fee hereunder shall be as follows:
a.
$100 for catamaran type sailboats;
b.
$75 for single-hulled sailboats.
The license fee shall be seasonal for the term set forth in
this Chapter. Such license fee shall be payable in advance and such
fee shall not be pro-rated in the event that the applicant should
apply for such license at any time subsequent to May 1 of the license
term.
[Ord. #7-1986, § 7; Ord. #11-1992, § 1]
A maximum of 25 licenses for catamaran type sailboats and a
maximum of 25 licenses for single-hulled sailboats shall be issued
by the Township Clerk to be used on the beaches in Strathmere. No
such licenses shall be issued by the Clerk for the beach at Beesley's
Point.
[Ord. #7-1986, § 8; Ord. #11-1992, § 1]
The Township Committee shall, by resolution, designate the area
or areas of the beach where catamaran type sailboats may be launched
and operated during the license term. Catamarans may be stored on
the beach at the owner's own risk. Catamaran trailers shall not be
permitted on the beach or stored at street ends. Halyards shall be
tightly secured on all catamarans when not in use. Catamarans shall
not encroach upon any dune or dune grass, and when entering or exiting
the beach areas shall not encroach on any private property. Dolly
wheels shall not be stored at the waters edge or at the center of
the beach but shall be stored only at the area on the beach located
furthest from the waters edge. Licensed catamarans shall enter and
exit the beach areas designated only between the hours of 7:00 a.m.
and 9:00 p.m. prevailing time.
[Ord. #7-1986, § 9; Ord. #11-1992, § 1]
The Township Committee shall, by resolution, designate the areas
on the beach from which single-hull sailboats shall enter and exit
the beach area. All single-hull sailboats shall enter and exit the
beach area only between the hours of 7:00 a.m. through 9:00 p.m. prevailing
time. No storage of single-hull vessels or associated trailers or
equipment is permitted on the beach. No boat trailer shall be permitted
on the beaches nor stored at street ends. No boat shall encroach upon
any dune or dune grass, and when entering and exiting beach area shall
not encroach on any private property.
[Ord. #7-1986, § 10; Ord. #11-1992, § 1]
No person shall operate or allow any person to operate any boat
as defined in this section within the Township in a reckless or negligent
manner so as to endanger a life, limb or property of any person, or
in violation of the statutes of the State of New Jersey and the ordinances,
rules and regulations of the Township. Upon notice to the licensee,
the Township Committee may suspend or revoke any license issued pursuant
to this section as a result of a disciplinary proceeding for violation
of this section. Notice of the disciplinary proceeding shall be commenced
by a written notice served upon licensee personally or sent by certified
mail. At the disciplinary hearing the licensee shall have an opportunity
to be heard. Any such hearing shall be held not sooner than five days
from the date of the notice nor later than 10 days subsequent to the
date of the notice.
[Ord. #7-1986, § 11; Ord. #11-1992, § 1]
Any person violating any provision of this section shall, upon
conviction, be punishable by a fine not to exceed $1,000 or by imprisonment
for a term not to exceed 90 days, or both.
[Ord. #7-1986, § 12; Ord. #11-1992, § 1]
The Beach Inspector of Strathmere is hereby authorized and directed
to remove or have removed any catamarans left unattended after 4:00
p.m. on the beach, dunes or surf and/or on which is not displayed
the official decal, as well as any single-hull sailboat left unattended
at any time on the beach, dunes or surf and/or on which is not displayed
the official decal. Such vessel shall continue to be impounded until
claimed. The Township Clerk shall notify the legal owner of the vessel,
where such owner is known or can be reasonably ascertained, in writing,
by personal service, or by certified mail, at the last known address
of the owner that such vessel has been removed from the beach, the
reason for such removal, and the location of the vessel. Such vessel
shall be retained and impounded until the owner shall have paid the
costs of such taking and removal, the charge to be $50, together with
a storage charge of $5 for each and every day such vessel is retained
and impounded. In the event that an owner fails to claim a vessel
within 30 days of the aforementioned notice, then the Township is
hereby empowered to dispose of same at public sale and apply the proceeds
thereof to the aforementioned charges. Notwithstanding anything contained
herein to the contrary, the Township expressly reserves the right
to institute an action in a Court of competent jurisdiction against
the owner of the vessel to recover the aforementioned charges.
[1]
Editor's Note: Additional rules and regulations may be adopted
by resolution by the Township Committee.
[Ord. #3-1984, § 1; Ord. #6-1990, § 1;
Ord. #3-1999, § 1; Ord. #008-2007, § 1; amended 4-11-2022 by Ord. No. 011-2022]
a.
The Township
Committee shall, by resolution, set forth the amount to be charged
for a daily, seasonal, and commercial boat ramp pass for the use of
Township owned and operated boat ramp facilities.
b.
No commercial
vessel shall utilize a Township boat ramp without obtaining a commercial
pass. Daily passes are not available for commercial vessels. A boat
ramp pass is required for each vessel, boat, or personal watercraft
(i.e., jet skis or wave runners). The same fee applies for all such
vessels. Each permit sticker issued must be placed on the left hand
side of the stern of the vessel for which it was purchased. Failure
to so display a valid pass shall be considered a violation of this
chapter.
[Ord. #3-1984, § 2; Ord. #008-2007, § 1;
amended 4-11-2022 by Ord. No. 011-2022]
The fees established by resolution of the Township Committee
shall be collectable between the period of the Saturday before Memorial
Day and Labor Day each year.
[Ord. #3-1984, § 3; Ord. #008-2007, § 1]
Any person wishing to purchase a commercial pass or seasonal
pass and pay the required fee for the use of a Township boat ramp
shall do so by making application to the Township Clerk on a prescribed
form and tendering the prescribed fee.
[Ord. #3-1984, § 4; Ord. #008-2007, § 1]
A daily fee for the use of the boat ramp for noncommercial vessels
may be paid either at Township Hall during normal business hours or
shall be paid to the attendant in charge of the boat ramp facility.
[Ord. #11-1990, § 1]
No boat, vessel or marine craft shall be launched, nor shall
the boat ramp at Beesley's Point be utilized for launching or landing
any boat, vessel or marine craft in excess of 24 feet in length, measured
from the bow to the stern. This restriction is imposed because of
the reasons hereinafter set forth. This restriction shall not apply
to the holder of any seasonal pass which has been procured from the
Township and which is validly issued and in effect on the effective
date of this subsection.[1] Any such holder of a seasonal pass shall be entitled to
utilize the boat ramp for the duration of the term covered by the
seasonal pass. The holder of such pass, however, shall not be entitled
to a renewal of such seasonal pass for any boat, vessel or marine
craft exceeding the limitations imposed herein for any subsequent
season or term.
[Ord. #11-1990, § 1]
The Township has imposed a restriction on the maximum length
of a boat, vessel or water craft which may use the public boat ramp
at Beesley's Point, for the following reasons:
a.
The ramp cannot safely accommodate any vessel which exceeds 24 feet
in length.
b.
Vessels exceeding 24 feet in length create a safety hazard because
of the slope of the ramp; the length of the ramp; the depth of the
water at low and mid-tide and, therefore, present a substantial risk
of injury to person or property in attempting to accommodate boats
and similar vessels in excess of 24 feet in length.
c.
Even in those instances where the ramp may accommodate a vessel in
excess of 24 feet, the launching or landing of such vessels requires
a longer period of time, thereby restricting the use of the ramp to
other members of the public, which frequently results in long waiting
lines for the use of the boat ramp.
[Ord. #20-1990, § 1; Ord. #3-1999, § 1;
Ord. #008-2007, § 1; Ord. #015-2009, § 1; amended 4-11-2022 by Ord. No. 011-2022]
The Township boat ramp facilities, including all docks, piers,
and slips, shall be utilized only to launch and retrieve authorized
vessels. There shall be no loading or unloading of vessels or equipment
associated with vessels at the Township boat ramp facilities.
[1]
Editor's Note: Former Subsection 9-4.8, No Loading or Unloading
at Boat Ramp, was repealed 4-11-2022 by Ord. No. 011-2022. Prior history
includes Ord. #008-2007, § 1.
[Ord. #008-2007, § 1]
Any person who violates the provisions of this section shall
be subject to the following penalties:
a.
Any individual who violates the terms and conditions of this section
shall immediately forfeit his or her boat ramp pass without refund
and shall be denied access to the Township boat ramp for a period
of one year.
b.
Any person convicted of violating the provisions of this section
shall pay a fine not to exceed $500.
[Ord. #7-1977, § 1]
The Recreation Committee of the Township is hereby empowered
to promulgate and adopt rules and regulations governing the use and
operation of the tennis courts owned and operated by the Township.
Before taking effect, any rules and regulations proposed to be adopted
by the Recreation Committee shall be submitted to the Township Committee
for approval.
[Ord. #7-1977, § 5]
Any rules and regulations promulgated by the Recreation Committee
and approved by the Township Committee shall be appropriately posted,
either by sign or some other suitable device, so as to advise all
persons desiring to utilize the tennis court facilities of the nature
of the rules and regulations.
[Ord. #7-1977, § 6]
The Recreation Committee is hereby authorized, subject to the
approval of the Township Committee to employ a total of four tennis
court attendants whose appointment and salary shall be fixed by Resolution
of the Township Committee.
[Ord. #2-1979, § 2]
Admission to the tennis courts owned and operated by the Township
and located within the Township shall be by identification badge which
shall be obtained from the office of the Township Clerk upon payment
of the prescribed fee as hereinafter set forth. No person shall be
admitted to the tennis courts of the Township who does not have such
an identification card.
[Ord. #2-1979, § 3]
All identification cards required pursuant to this section shall
be issued through the office of the Township Clerk upon application
and upon payment of the required fee.
[Ord. #2-1979, § 4]
a.
The fees to be charged by the Township Clerk for the issuance of
a tennis court identification card shall be $5.
b.
No fee shall be charged for the issuance of an identification card
to any child under 12 years of age.
c.
For purposes of this section, a student identification card shall
be issued to a person between the ages of 12 and 18.
[Ord. #2-1979, § 5]
The Recreation Committee of the Township is hereby directed
to cause suitable notices, either by signs or otherwise, to be conspicuously
posted on all tennis courts of the Township.
[Ord. #14-1988, § 1]
As used in this section:
Shall mean and include all parks, ball fields, tennis courts
or athletic fields which are owned or controlled by the Township.
Such definition shall not include public beaches in Tuckahoe, Beesley's
Point and Strathmere.
[Ord. #14-1988, §§ 2-3]
a.
It shall be unlawful for any person to enter upon or remain in or
upon or use any recreational facility of the Township between dusk
and dawn of the following day.
b.
The provisions of paragraph a shall not apply to any Township sponsored
activity or athletic event, provided that all persons shall forthwith
leave the recreational facility at the conclusion of the program or
athletic event.
[Ord. #14-1988, § 4]
It shall be unlawful to operate or park a motor vehicle in any
area of a recreational facility except in such areas which have been
specifically designated for operation or for parking purposes.
[Ord. #14-1988, § 5]
Any person who violates the provisions of this section shall,
upon conviction, be punishable as follows:
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 010-2003 and 008-2007.
[Ord. #005-2009, § 1; Ord. #002-2010]
The Recreation Committee of the Township of Upper is hereby
empowered to promulgate and adopt rules and regulations governing
the use and operation of the Skate Park (the "Park") owned and operated
by the Township of Upper. Before taking effect, any rules and regulations
proposed to be adopted by the Recreation Committee shall be submitted
to the Township Committee for approval.
[Ord. #005-2009, § 1; Ord. #002-2010]
The use restrictions set forth in this section and any rules
and regulations promulgated by the Recreation Committee and approved
by the Township Committee shall be appropriately posted, either by
sign or some other suitable device, so as to advise all persons desiring
to utilize the Park of the nature of the rules and regulations. Such
signs shall be approved by the Township Solicitor and Township's insurance
carrier.
[Ord. #005-2009, § 1; Ord. #002-2010]
The Park shall not be supervised by Township personnel and a
notice to this effect shall be prominently posted at the Park. No
motorized vehicles are permitted in the Park. Except on the bicycle
and jogging path, skateboarding and inline skating is prohibited on
Township property surrounding the skateboard park. There shall be
no simultaneous use of the Park by bicycles and skating activities.
Signs will be posted at the Park indicating separate usage days for
either bicycles and scooters or skateboards and inline skates. On
any day that bicycles and scooters are permitted, skateboards and
inline skates are prohibited and vice versa. Any special event to
take place at the Park shall be conducted by the Recreation Committee
member representing the Park and shall be for nonprofit use only.
Any outside company, participant or promoter of the event must comply
with all applicable township requirements for the use of Township
facilities or for the use of the Park. The approval of the Township
Supervisor of Recreation is required.
[Ord. #005-2009, § 1; Ord. #002-2010]
All users are required to wear shoes, helmets, kneepads, wrist
guards and elbow pads. All equipment must be worn to the manufacturers
recommendations. All users must skate or ride safely, responsibly
and act respectfully of each other.
a.
No use of the Park shall be permitted when equipment is wet or icy.
b.
The Township will determine from time to time the maximum capacity,
which may utilize the Park.
c.
No glass, radios or pets shall be permitted within the enclosed Park
area.
d.
Backpacks, bags, jackets and other articles of clothing and personal
belongings must be placed in an appropriate area, outside the enclosed
Park area, removed from the area where people skate, to avoid the
possibility of injury.
e.
The use of alcohol, drugs and tobacco are prohibited. Additionally
profanity, abusive language and vandalism is prohibited.
[Ord. #005-2009, § 1; Ord. #002-2010]
The Township Committee shall determine the hours of operation
of the Park from time to time. It is a violation of this section to
enter the Park at any time it is closed.
[Ord. #005-2009, § 1; Ord. #002-2010]
Children under 12 years of age must be accompanied by a responsible
adult at all times.
[Ord. #005-2009, § 1; Ord. #002-2010]
Any person who violates this section or the Park rules and regulations
shall be immediately removed from the Park. In addition, any person
convicted of violating the provisions of this section or the Park
rules shall be guilty upon a first offense of a fine not to exceed
$100 and a second offense of a fine not to exceed $500.
