[Editor's Note: Ord. No. 678-2018 amended Chapter 10 in entirety. Prior history includes Ord. Nos. 403, 431, 531, 2013-623, 655-2016.]
[Ord. No. 678-2018]
This chapter may be cited and referred to as "The Beach Ordinance
of the Borough of Mantoloking.
[Ord. No. 678-2018; Ord.
No. 683-2019]
Access to the Atlantic Ocean beaches within and abutting the
Borough of Mantoloking has, with increased population and improved
transportation, become a matter of public concern. The character and
quality of the access and use of the beach under the Public Trust
Doctrine, as applied in New Jersey and proclaimed in various decisions
of our Courts, necessitates that each community bordering on the Atlantic
Ocean continuously review its policies, facilities, and procedures,
together with an evaluation of the use and demand for use of beaches
within the community by members of the public. The Borough is a small,
fully developed, single-family, tranquil, noncommercial resort and
year-round residential community on a very narrow portion of the barrier
beach. Except for certain public access routes, the oceanfront at
Mantoloking is privately owned, dedicated and restricted to residential
use, up to the mean highwater line. These private property rights
are, of course, subject to the rights of the public under the Public
Trust Doctrine.
The Borough of Mantoloking recognizes its obligation to provide
public access to the ocean under the Public Trust Doctrine. In furtherance
of this obligation, the Borough will provide lifeguarding services
at a limited number of locations. Persons utilizing the beach for
bathing or swimming at unguarded areas or when lifeguards are not
present do so at their own risk. Persons using the beach for surfing,
kayaking or any other recreational use are strongly cautioned that
they perform such activities at their own risk.
In order to evaluate and implement such participation by the
Borough as is deemed appropriate, the Borough has acquired and will
continue to acquire relevant data concerning the use of the beaches
by requiring those who use the ocean beaches to apply for a seasonal
beach badge. Beaches within the Borough are receiving increased use
by members of the public who do not reside in the Borough and who
may, therefore, not be familiar with local conditions and beach regulations.
Further, the increased utilization of the beach by surfers and kayakers
necessitates specific regulation of these activities. Surfing presents
inherent risks to its participants and to others; surfers and bathers
cannot safely co-exist in close proximity to each other. It is, therefore,
deemed necessary to control and regulate surfing so that, to the extent
reasonably possible, the interests of all persons using the ocean
may be reasonably accommodated.
The Borough of Mantoloking does, by the adoption of this chapter,
express its continuing intention to establish and maintain a viable
and balanced response to judicial determinations concerning rights,
both public and private, to the utilization and enjoyment of the ocean
and bay beaches. The procedures, rules and regulations, as set forth
and authorized herein, are deemed necessary and appropriate to provide
for the health, safety and welfare of all concerned.
This chapter is not intended to be administered, enforced or
interpreted in any manner that will expand public rights upon private
property within the Borough, but rather to provide for access by the
public pursuant to the Public Trust Doctrine and to exercise the Borough's
general Police power over areas within its jurisdiction.
[Ord. No. 678-2018]
All terms and language utilized in this chapter shall be accorded
their common and customary meaning, except where specifically defined
herein as follows:
Shall mean any public route, way or path providing ingress
and egress to the Public Trust Lands to seaward of the Mean High-Water
Line.
Shall mean to enter a body of water and to become immersed
therein.
Shall mean that area between the Mean High-Water Line and
the Seaward Edge of the Dune or upland vegetation along the bay front.
Shall mean that area between the Mean High-Water Line of
the Atlantic Ocean, in reference to the North American Vertical Datum
of 1988 (NAVD 88) as established by the U.S. Army Corps of Engineers
(USACE) and the seaward edge of the dune.
Shall mean any badges issued by the Borough or by a private
beach association operating upon beaches within the Borough which
provide lifeguard services.
Shall mean the areas defined above ("beach" and "beach area")
and any Bay beaches.
Shall mean a watercraft or vessel of any size, and propelled
by paddles, oars, sails or an engine.
Shall mean a device, container or apparatus which is utilized
to keep things cool.
Shall mean all occupants of a residential unit.
Shall mean garbage, rubbish, and all other waste material
which, if thrown or deposited as herein prohibited, tends to create
a danger to public health, safety and welfare, or which will degrade
the aesthetics of the beach.
Shall mean the line formed by the intersection of the tidal
plane of mean high tide with the shore (mean high tide being a mean
of all high tides over a period of 18.6 years).
Shall mean the Atlantic Ocean.
Shall mean abutting the Atlantic Ocean.
Shall mean any individual, firm, partnership, corporation
or association of persons.
Shall mean the common law doctrine establishing the public's
right to access and use navigable waters and tidally flowed lands
seaward of the mean high water line which is held in trust by the
State for the use by all citizens.
Shall be the area seaward of the mean high water line.
Shall mean lands traversed or covered by flowing navigable
waters.
Shall mean being in the water accompanied by a surfboard
or other rigid device capable of being ridden erect on a breaking
wave. The utilization of a kayak or similar vessel to repeatedly traverse
or cross through the surf line, as opposed to the mere launching and
landing of same for purposes other than riding waves, shall also be
deemed surfing.
Shall mean a long narrow board utilized for surfing equipped
with a tethering device to fasten the board to the rider.
[Ord. No. 678-2018; Ord. No. 683-2019]
Beach badges are required for persons over twelve (12) years
of age, from the third Saturday of June to Labor Day of each year,
inclusive, between the hours of 10:00 a.m. and 6:00 p.m.
[Ord. No. 678-2018; Ord. No. 683-2019; amended 6-16-2020 by Ord. No. 706; 3-16-2021 by Ord. No. 717; 12-21-2021 by Ord. No. 728]
Badges may be purchased at the municipal facilities on Downer
Avenue, or such other location(s) as may be advertised, from 10:00
a.m. and 6:00 p.m. Individuals desiring to purchase a seasonal beach
badge shall be required to pay a fee of $85 if said badge is purchased
between April 1st and close of business on Memorial Day. If the seasonal
beach badge is purchased after Memorial Day and on or before Labor
Day, the cost of such seasonal beach badge shall be $95. The beach
badge shall be valid for the entire summer season of the year it is
issued. Half season badges will be available starting the first Saturday
in August for $50. Daily badges will be sold for $12 dollars per badge.
No replacement badges will be issued without payment of the entire,
then current, badge fee
[Ord. No. 678-2018]
Mantoloking beach badges are not transferable except within
households and must be prominently displayed at all times while upon
the access routes, beach or adjacent waters during such hours as access
to public trust doctrine areas is managed by the Borough and/or its
agents.
[Ord. No. 678-2018]
Persons wearing badges issued by private beach associations
shall be accorded the same rights and shall be subject to the same
regulations as registrants wearing municipal beach badges.
[Ord. No. 678-2018]
Surfers, kayakers, paddleboarders and fisherman using only the
beach area or waters covered under the public trust doctrine at Mantoloking
are not required to obtain Borough beach badges during such time as
they are actively engaging in surfing, kayaking, paddleboarding and
fishing. Surfers shall not pay any additional fee for a surfing permit
or badge. Surfers are not required to display permits or decals on
surfboards.
[Ord. No. 678-2018]
The Borough Council may authorize by resolution promotions consisting
of a certain free daily or seasonal beach badges to be distributed
by the Mayor or Chief of Police to enhance tourism.
[Ord. No. 678-2018]
The Borough or Mantoloking will operate one or more Public Recreational
Bathing Beaches pursuant to N.J.A.C. 8:26. Persons utilizing the beach
for bathing or swimming at unguarded areas or when lifeguards are
not present do so at their own risk. Persons using the beach for surfing,
kayaking or any other recreational use are strongly cautioned that
they perform such activities at their own risk.
[Ord. No. 678-2018]
Persons shall not trespass on private beach property not subject
to the public trust doctrine or lands covered under Perpetual Easement
Agreement with the Borough and the NJDEP.
[Ord. No. 678-2018; Ord. No. 683-2019]
a.
Display of Badge. All persons upon the beach and access ways or in
or upon adjacent waters, as the case may be, shall wear and prominently
display an approved current badge which has been registered in the
name of that person, or in the name of that person's household.
b.
Enforcement. All persons upon the beach and access ways or in or
upon adjacent water during the hours of 10:00 a.m. to 6 p.m. commencing
the third Saturday in June through Labor Day shall, if not in immediate
possession of an appropriate beach badge, promptly leave the beach
upon the request of authorized enforcement personnel.
[Ord. No. 678-2018]
No person upon the beach and access ways or in or upon adjacent
waters shall throw or deposit litter except in public receptacles
and in such a manner that the litter will be prevented from being
carried or deposited by the elements. Where public receptacles are
not provided, all such litter shall be carried away by the person
responsible for its presence and properly disposed of elsewhere. No
person shall throw or deposit litter into the bay or ocean or lands
adjacent to same.
[Ord. No. 678-2018; amended 6-21-2022 by Ord. No. 734]
No person upon the beach, upon access ways or in or upon adjacent
waters shall picnic on the beach or otherwise possess, carry or consume
food or beverages on the beach. The possession or consumption of water
or any other nonalcoholic beverage in a nondisposable, durable-reusable
container is, however, permitted.
[Ord. No. 678-2018]
No person upon the beach and access ways shall ignite, maintain
or allow open fires.
[Ord. No. 678-2018]
No person upon the beach and access ways shall play sound reproduction
devices of any nature, which are operated so as to be audible beyond
a range of six (6) feet from the device.
[Ord. No. 678-2018]
No person upon the beach and access ways or in or upon adjacent
waters shall:
[Ord. No. 678-2018]
No person upon the beach and access ways or in or upon adjacent
waters shall play paddleball, beach tennis, skim board or throw, bat
or catch a baseball, football, tennis, basketball, softball, rubber
ball, beach ball, Frisbee or any other object or to fly kites or any
other object so close to nonparticipants as to constitute a hazard
to them or to disturb the general tranquility of other persons upon
the beach.
[Ord. No. 678-2018; Ord. No. 687-2019; amended 6-21-2022 by Ord. No. 734]
a.
Unless otherwise permitted by this chapter, no person who owns, keeps
or harbors any dog or other animal shall suffer or permit such animal
upon any premises, public or private, other than those owned or occupied
by such person or upon which private premises the owner shall have
a right of presence, unless, leashed, and under the direct and immediate
control of a responsible person.
b.
No dogs or other animals shall be permitted upon Borough-owned beaches
or upon beaches under Borough jurisdiction, except however:
1.
Leashed dogs and other animals when accompanied by a responsible
person shall be permitted on beaches between May 15th and October
1st, only between sunrise and 10:00 a.m. and from 6:00 p.m. to sunset,
however no dog or other animal shall be suffered or permitted to be
in or upon the area known as North Lagoon (adjacent to Bergen Avenue)
between May 15th and October 1st. This ban and prohibition shall and
does extend to and include the entire area from the northerly edge
of the street pavement to the water's edge and on the east and west
by the lines formed by the extension of the bulkheads, southerly,
to the points of intersection with the northern edge of pavement.
2.
From October 2nd to May 14th dogs and other animals shall be permitted
upon beaches and access ways unleashed, but only when under the direct
and immediate control of a responsible person.
3.
An owner, tenant or occupant of oceanfront property shall not be
deemed in violation of the chapter, at any time, while in the act
of permitting his or her dog or other animal to transit from the lot
to or from the ocean abutting the upland lot. Owners, tenants or occupants
of private property (beaches) shall not be required to leash their
animals while on said property.
4.
Dogs and other animals may be permitted to swim unleashed when under
the direct and immediate control of a responsible person.
c.
Notwithstanding the foregoing, no person owning, harboring, keeping
or in charge of any dog or other animal upon any oceanfront lot owned
or occupied by such person shall fail to remove from the beach and
to dispose of in a sanitary manner, any feces deposited by any such
animal.
d.
Any person in charge of and accompanying a dog or other animal in
the Borough except on private property owned or occupied by the owner
of the animal shall have, in his or her immediate possession, a container
suitable for removal of any feces which may be deposited by the animal.
[Ord. No. 678-2018]
No person upon the beach and access ways or in or upon adjacent
waters shall fish within two hundred (200) feet of any swimmer or
person in the water.
[Ord. No. 678-2018]
No person upon the beach and access ways or in or upon adjacent
waters shall launch, operate or retrieve any boat within two hundred
(200) feet of any swimmer or person in the water.
[Ord. No. 678-2018]
No person upon the beach and access ways or in or upon adjacent
waters shall operate vehicles of any nature whatsoever with the exception
of Borough-owned or sponsored vehicles and life-saving emergency vehicles
operated by beach associations.
[Ord. No. 678-2018]
No person upon the beach and access ways or in or upon adjacent
waters shall swim, enter or remain in the water while under the influence
of any substance which will increase the natural hazard of such activity.
[Ord. No. 678-2018]
No person upon the beach and access ways or in or upon adjacent
waters shall enter the water, swim or attempt to swim or surf under
conditions which are beyond the apparent capacity of the person and
which may endanger others.
[Ord. No. 678-2018]
No person upon the beach and access ways or in or upon adjacent
waters shall fail to respond to directions of Borough personnel or
agents consistent with the enforcement of this chapter.
[Ord. No. 678-2018]
a.
Umbrellas with a collapsible circular shade no greater than eight
(8) feet in diameter stretched over hinged ribs radiating from a center
pole no greater than 7 feet 6 inches in height, and without grounding
lines, ropes, or sides are permitted on the beach.
b.
Devices designed or used to shade infants and small children, also
known as "baby tents," no larger than 36 inches high by 36 inches
wide by 36 inches deep, are permitted on the beach.
c.
Umbrellas and baby tents shall be secured such that uncontrolled
movement of the device is restricted. Baby tents and canopies when
secured with fasteners, stakes, weights, or the like shall not endanger
beach patrons. Anchoring lines, tethers, or the like shall not extend
beyond the perimeter of the baby tent or canopy.
d.
Umbrellas and baby tents shall be removed from the beach daily.
e.
Excluding umbrellas and, baby tents described above in this subsection,
other shading devices including, without limitation, tents, tarps,
canopies, cabanas, pavilions, temporary restroom facilities, and similar
devices, or any materials mounted on supports are prohibited except
in connection with an approved special event or ceremony.
[Amended 6-15-2021 by Ord. No. 725]
a.
No person shall sleep upon the beach between the hours of 6 p.m.
and 10 a.m.
b.
Smoking in public places prohibited.
1.
The
Governing Body recognizes the well-known health and safety risks posed
by smoking and second hand smoke and finds that it is within the public
interest to prohibit smoking in public buildings and public places
as smoking in public places is inimical to the health, safety and
welfare of the Borough’s residents.
2.
“Smoking”
under this section is defined as the burning of, inhaling from, exhaling
the smoke from, or the possession of a lighted cigar, cigarette, pipe,
including any handheld electronic device which vaporizes a liquid
(e.g., e-cigarettes, e-cigs, electronic nicotine delivery systems,
electronic non-nicotine delivery systems, personal vaporizers, PVs),
or any other matter or substance which contains tobacco, marijuana,
cannabis, cannabis item or any other matter that can be smoked.
3.
In accordance
with the terms of the "New Jersey Smoke Free Air Act," N.J.S.A. 26:3D-56
et seq., smoking and the use of electronic smoking devices is prohibited
at all beaches and accessways within the Borough that are open and
available to the public. Smoking is also prohibited within 15 feet
of any beach ramp and accessway that is open and available to the
public.
4.
Violations
of this section shall be subject to the penalties set forth at N.J.S.A.
26:3D62, of not less than $250 for the first offense, $500 for the
second offense, and $1,000 for each subsequent offense.
[Ord. No. 678-2018; Ord. No. 687-2019]
Surfing regulations shall be enforced during the same dates
and times that the Borough enforces beach regulations regarding bathers
and swimmers, i.e., from the third Saturday in Juneto Labor Day of
each year, inclusive, between the hours of 10:00 a.m. and 6:00 p.m.
[Ord. No. 678-2018]
Surfing will be permitted at all times year round without regard
to date or time of day, or to conditions of wind, waves, or weather.
Surfing shall, at all times, be at the sole risk of the surfer.
[Ord. No. 678-2018]
Surfing within two hundred (200) feet of a bather or swimmer
is prohibited. In the event of conflict or doubt, as to the separation
distance or as to priority, surfers shall give way to bathers or swimmers
in recognition of the inherent potential for injury in the event of
contact or close proximity.
[Ord. No. 678-2018]
Surfers shall at all times, possess and display, upon request,
a current Borough beach badge or a current badge issued by the Mantoloking
Beach Association or South Beach Association if they are not actively
engaging in surfing.
[Ord. No. 678-2018]
Surfers shall at all times, utilize a tether device while surfing.
[Ord. No. 678-2018]
Surfers shall at all times comply with all other provisions
of this chapter, as amended, and all other regulations not inconsistent
with this chapter.
[Ord. No. 678-2018]
This chapter and the rules and regulations set forth herein
or as may hereafter be adopted by resolution of the Borough Council
shall be enforced by the Chief of Police utilizing law enforcement
officers and/or such other Borough personnel as may be made available
for this purpose. The complaint of any person who may allege a violation
of this chapter shall be accepted and prosecuted in the same manner,
as though initiated by the within described enforcement personnel.
[Ord. No. 678-2018]
Fines shall be assessed for violations consistent with Borough
Ordinance Chapter 7-12.4. Upon conviction of a first violation of
any provision of this chapter, the violator shall be subject to a
fine of not more than one hundred ($100.00) dollars but not less than
twenty-five ($25.00) dollars or detention for not more than five (5)
days, at the discretion of the Court. Upon conviction of a second
and/or subsequent violation of this chapter the violator shall be
subject to a fine of not more than five hundred ($500.00) dollars
but not less than fifty ($50.00) dollars or detention for any more
than ninety (90) days, at the discretion of the Court.
[Ord. No. 678-2018]
For a first alleged violation of any provision of this chapter
and, unless the summons and complaint shall specifically mandate "court
appearance required", a defendant may enter a guilty plea by mail
or upon appearance in the office of the Court Administrator of the
Municipal Court. Upon entry of the guilty plea and payment of a fine
in the sum of twenty-five ($25.00) dollars, the matter shall be concluded
without the necessity of a court appearance by the defendant.
