Borough of Belmar, NJ
Monmouth County
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Table of Contents
Table of Contents
Editor's Note: The power to regulate bathing apparel, to provide beach regulations, lifeguards and to regulate waterways and boating is contained in N.J.S.A. 40:48-1.
[1966 Code § 5-1.2; Ord. No. 1991-1 § 16]
It shall be unlawful for any person to appear or travel on any street, avenue, highway, road, public place, store or business located in or within the business zone of the Borough of Belmar, as described in the Zoning Regulations of the Borough, in a bathing or swimming suit or costume, trunks or bathing or swimming apparel, unless that person shall wear some proper outer wrap or garment over the bathing or swimming apparel while in the above-designated areas.
[1966 Code § 5-1.2; Ord. No. 1991-1 § 16]
It shall be unlawful for any person to appear or travel on any street, avenue, highway, road, boardwalk, beach, beachfront or waterway located in the Borough, or to appear in any public place, store, or business in the Borough in a state of nudity. A person shall be found in a state of nudity when his/her clothing or absence of clothing exposes to public view a person's anus, genitals, pubic area or female breasts below a point immediately above the top of the areola.
[1966 Code § 5-1.3; Ord. No. 1991-1 § 16]
a. 
No person shall disrobe or dress or undress or change his or her clothes on the beachfront or on the boardwalk or in the waters adjacent thereto, or in the open on any public or private place, lot or premises, highway, road or street in the Borough.
b. 
No person shall remove or lower any part of his or her bathing attire while on the boardwalk or the beachfront or in the water adjacent thereto.
c. 
No person shall at any time undress or change his or her clothes, or don beach or wearing apparel in any automobile, truck or other vehicle located on any public or private highway, road or street, or any public or private lot or premises in the Borough.
[1966 Code § 5-1.4; Ord. No. 1991-1 § 16]
No person shall at any time use any automobile, truck or other vehicle located on any public or private highway, road or street, or any public or private lot or premises in the Borough for sleeping or living purposes.
[1966 Code § 5-2.1; Ord. No. 1991-1 § 16; Ord. No. 1991-20 § 1]
The Belmar Beachfront Utility is hereby created and established for the purpose of regulating, maintaining, and controlling the Borough's beachfront operations and keeping and maintaining appropriate records of beach operation expenses, as defined in N.J.S.A. 40:61-22.20, of the setting of beach admission fees. The supervision and control of the beachfront utility is hereby allocated to the Department of Finance.
[1966 Code § 5-2.2; Ord. No. 1991-1 § 16; Ord. No. 1991-20 § 1]
a. 
Closing Dates. For the protection of the general public and for the control of the beachfront of the Borough, no person shall be permitted upon the beachfront of the Borough during the dates that it is closed to the general public, as designated in each year by resolution of the Borough Council as hereinafter set forth, except upon payment of certain fees and after registration as hereinafter provided. Each year the Borough Council shall designate by resolution the closing period of the beachfront and the various beaches of the Borough to the general public and to residents of the Borough and others.
b. 
Protected Areas. By resolution, the Borough Council shall designate the protected bathing beaches where flags, boats and lifeguards are to be provided by the Borough and from which beaches persons may bathe or swim.
c. 
Picnic Areas. The area between the foot of First Avenue and the highwater mark of Shark River and the Atlantic Ocean may be used as a picnic beach, if so designated by the Borough Council by resolution. At no time shall any bathing or swimming be permitted from this beach, and all persons using the same during regularly designated bathing hours on any day shall have either daily or seasonal registration badges as hereinafter prescribed.
[1966 Code § 5-2.3; Ord. No. 1991-1 § 16; Ord. No. 1991-20 § 1; Ord. No. 2008-12 § I]
Every person wishing to obtain a season badge for entering upon and using the beachfront of the Borough, whether for the purpose of using the water adjacent thereto for bathing or swimming or otherwise, as required by this Chapter, shall, before entering upon and using the same register with the duly authorized employees or agents of the Borough engaged for that purpose by giving his or her name and address locally and his or her permanent residence, and such other information as may be required by the Mayor and Borough Council or its authorized representatives. At the time of registration, the number of the badge, check or other insignia shall be entered opposite the registrant's name and address for ready identification of the registrant in case of accident, sickness or death, or for other reasons of health, safety and welfare, or for the return of lost badges which have be recovered by the Borough.
[1966 Code § 5-2.4; Ord. No. 1991-1 § 16; Ord. No. 2008-12 § I]
Each and every person entering upon and using the beachfront of the Borough, whether for the purpose of using the water adjacent thereto for bathing or swimming or otherwise, shall obtain and display a badge, check or other insignia, which badge, check or other insignia shall be numbered or marked for identification purposes and which shall be worn by the person conspicuously so that it shall be visible at all times and shall be exhibited at all times on demand to the beach inspectors, the gate tenders or the Police of the Borough.
[1966 Code § 5-2.5; Ord. No. 1990-19 § 1; Ord. No. 1991-1 § 16; Ord. No. 1991-20 § 1; Ord. No. 1992-29 § 1; Ord. No. 1993-11 § 1; Ord. No. 1995-04 § 1; Ord. No. 1996-06 § 1; Ord. No. 2001-03; Ord. No. 2001-13; Ord. No. 2003-10; Ord. No. 2004-13; Ord. No. 2005-15 § 1; Ord. No. 2006-08 § I; Ord. No. 2006-24 § I; Ord. No. 2008-12 § I]
The fees or charges for the above required badges, checks, or other insignia to be obtained to enter upon and use the beachfront of the Borough and for the rental of storage lockers shall be as follows:
a. 
Season badges, for entry at any time during the dates when a fees is required, per person ages 16 through 64, unless otherwise designated below: $70 plus a $2 processing fee.
[Amended 2-5-2019 by Ord. No. 2019-02; 12-1-2020 by Ord. No. 2020-41]
b. 
Senior citizen season badges, for entry any time during the dates when a fee is require, per person 65 years of age or over: $30 plus a $1 processing fee.
[Amended 2-5-2019 by Ord. No. 2019-02; 12-1-2020 by Ord. No. 2020-41]
c. 
Daily badges, for entry on any one calendar day during the dates when a fee is required, per person, per day: $9.
[Amended 2-5-2019 by Ord. No. 2019-02]
d. 
All persons who purchase a season badge or senior citizen season badge and pay via credit card shall be responsible for paying the credit card processing fee presented at time of purchase.
[Added 12-1-2020 by Ord. No. 2020-41[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection d, as amended, regarding the seasonal badge fee for disabled individuals.
e. 
All disabled veterans, with proper identification, and active military, including but not limited to the New Jersey National Guard, Coast Guard and all United States Armed Forces branches and their dependents: no charge.
[Amended 2-5-2019 by Ord. No. 2019-02]
f. 
The appointing authority, by resolution adopted by the Borough Council, may be authorized to develop and approve promotions consisting of free or discounted daily and/or season beach badges, including but not limited to, special promotions in concert with the Belmar Business Partnership, Inc., and the Special Events Committee of the Borough of Belmar.
[Amended 2-5-2019 by Ord. No. 2019-02]
g. 
Seasonal badges shall be sold during the time established by the Borough Council by resolution.
h. 
Beach storage locker fees.
1. 
Storage lockers, designed to accommodate beach umbrellas, baby strollers, beach chairs, and/or belly boards are available. Locker dimensions are approximately 32 inches wide, 48 inches high and 48 inches deep. Seasonal rental is available (Friday prior to Memorial Day through September 15). Renters shall execute an agreement with the Borough as follows: to provide their own lock for security, hold the Borough harmless for any loss of stored items, and relinquish possession of the locker not later than September 15. The Borough reserves the right to confiscate all items which are left in the locker which will become the property of the Borough. Existing renters shall have the first right to renew their storage lockers until December 15; after this date rentals will be made on a first-come, first-served basis. The annual rental is due and payable at the time of agreement execution.
2. 
Annual rental fee:
[Amended 2-19-2019 by Ord. No. 2019-03]
(a) 
Belmar resident: $200.
(b) 
Non-Belmar resident: $250.
(c) 
Senior citizen, Belmrar resident, 65 years of age or older: $150.
i. 
To encourage public access to the beaches, the Borough Council may by resolution authorize free admission or special admission at discount prices for authorized concessionaires or program organizers and their employees providing services to the public on the beach or for participants or spectators at special beach events, programs or promotions authorized by resolution by the Borough Council.
j. 
The Borough Council shall designate from time to time, by resolution, revised beach badge fees and said resolution shall be on file in the office of the Borough Clerk.
k. 
Exemptions from fees for beach badges.
[Added 7-23-2019 by Ord. No. 2019-24]
1. 
Exemptions.
(a) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection kl(a), regarding persons more than 65 years of age, was repealed 1-21-2020 by Ord. No. 2020-03.
(b) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection kl(b), regarding people who meet the disability criteria for disability benefits, was repealed 1-21-2020 by Ord. No. 2020-03.
(c) 
Persons in active military service in any of the Armed Forces of the United States and to their spouse or dependent children over the age of 12 years;
(d) 
Persons who are active members of the New Jersey National Guard who have completed initial active duty training and to their spouse or dependent children over the age of 12 years. As used in this subsection, "initial active duty training" means combat training and advanced individual training, for members of the New Jersey Army National Guard;
(e) 
Persons who have served in any of the Armed Forces of the United States and who were discharged or released therefrom under conditions other than dishonorable and who either have served at least 90 days in active duty or have been discharged or released from active duty by reason of a service-incurred injury or disability; and
(f) 
Persons holding a driver's license or identification card with a Gold Star Family designation issued pursuant to Section 1 of P.L. 2013, c. 165 (N.J.A.C. 39:3-10f6) or Section 2 of P.L. 1980, c. 47 (N.J.A.C. 39:3-29.3), respectively.
2. 
A person who qualifies for free access to beaches and bathing and recreational grounds and free use of bathing and recreational facilities pursuant to this subsection may, in lieu of obtaining and presenting a municipal beach tag or similar admission pass to gain such access and use, present a valid military identification card, form DD-214 or similar document, or state driver's license or identification card indicating that the holder is a veteran of the Armed Forces of the United States or a Gold Star Family member.
3. 
For veterans requesting free beach access the following forms of identification include, but are not limited to:
(a) 
Department of Defense Form 214, Certificate of Release or Discharge from Active Duty (DD 214);
(b) 
A state driver's license with veteran's status designation;
(c) 
A U.S. Department of Veteran's Affairs identification card; and/or
(d) 
A state, county, and/or local government issued veteran's identification card.
[1966 Code § 5-2.6; Ord. No. 1991-1 § 6]
All revenues derived from the fees and charges collected by the Borough pursuant to Subsection 18-2.5 and from other beach-related sources are hereby dedicated to the payment of all direct and indirect beach-related expenses, as defined and set forth in N.J.S.A. 40:61-22.20, the provisions of which are incorporated herein. All income and expenses shall be kept separate and apart from the municipal budget and shall be deposited in a separate beachfront utility fund as provided in N.J.S.A. 40:4-33, et seq. To the extent permitted by law, beach-related expenses incurred by the Borough shall be charged to and paid by the utility. The appropriate officials and employees of the Borough shall adopt accounting procedures consistent with this section and with State law for the purpose of operating the beachfront utility.
[1966 Code § 5-2.7; Ord. No. 1991-1 § 16; Ord. No. 1991-20 § 1; Ord. No. 1994-21 § 2; Ord. No. 1995-06 § 1; Ord. No. 1996-09 § 3; Ord. No. 2000-14 § III; Ord. No. 2001-10; Ord. No. 2001-31; Ord. No. 2002-07; Ord. No. 2004-01; Ord. No. 2005-26 § I; Ord. No. 2008-20 § I; Ord. No. 2009-04 § I; Ord. No. 2011-05 § II; Ord. No. 2014-08; Ord. No. 2017-19]
In addition to the rules and regulations hereinafter enumerated, 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 and the waters adjacent thereto. For purposes of this Chapter, the term "beachfront area" shall mean all areas east of Ocean Avenue, including by way of illustration and not limitation, the boardwalk, jetties, dunes, beach plantings, the beach and waters immediately adjacent thereto. Nothing herein shall be construed to limit the Borough of Belmar from enforcing other applicable provisions of the Borough of Belmar Revised General Ordinances, New Jersey State statutes or other applicable laws.
The Borough Council is further authorized and empowered to suspend, modify and/or supplement, by resolution, for a limited time the operation of certain rules and regulations governing the beachfront and the waters adjacent thereto in order to permit or facilitate special events, activities, promotions or programs authorized by resolution of the Borough Council. The following rules and regulations are hereby established.
a. 
No person shall bathe or swim from the beachfront except from the protected bathing beaches, as designated by flags, and where boats and lifeguards are provided by the Borough, and only at such times as the lifeguards are on duty.
b. 
No person shall use or tamper with any boat or lifeguard equipment without the permission of the beachfront director, the chief lifeguards, or the Mayor.
c. 
No tents, camping tents or canopies are permitted on the beachfront from the Friday of Memorial Day weekend to midnight on the Monday of Labor Day, except in conjunction with an authorized beach party permit under Borough ordinance Subsection 18-2.7aa. The only permitted shade devices on the beachfront from the Friday of Memorial Day weekend to midnight on the Monday of Labor Day shall be:
[Amended 6-5-2019 by Ord. No. 2019-21]
1. 
Umbrellas with one central shaft/stanchion supporting the umbrella canopy in an upright or adjustable tilted position up to 90° and with a top no larger than six feet across; and
2. 
Devices designed or used to shade known as beach popup tents or sun shelters which are small and open on one side.
3. 
The Police Department is authorized and directed to remove any tent which is creating a hazard or unnecessary disturbance to others.
d. 
(Reserved)
e. 
Sleeping on the boardwalk, beach sand or any other public areas of the beachfront is prohibited between the hours of 10:00 p.m. and 8:00 a.m., prevailing time. A finding or a plea of guilty to sleeping on the boardwalk, beach sand or any other public areas of the beachfront shall result in a minimum fine of $100.
f. 
No person shall engage in surf fishing in the bathing areas at any time.
g. 
No person shall play baseball or engage in any type of ball playing or throwing of a frisbee on the beachfront or in the water adjacent thereto during bathing hours in any manner which creates a danger or unreasonable inconvenience to others; provided, however, that all such persons shall obey all direction from lifeguards and Police Officers regarding such activities.
h. 
No person shall engage in any type of rough athletics on the beachfront or in the water adjacent thereto.
i. 
No person shall be permitted to bring on the boardwalk or beach, any tubs, barrels, coolers, cans or other containers with the capacity to hold over four gallons of liquid, exclusive of fishing equipment.
j. 
No person shall skin-dive upon the beachfront of the Borough or the water adjacent thereto at any time during which the beaches are closed to the public.
k. 
No person shall throw or discard any bottles, cans, paper or other refuse, including but not limited to, cigarette butts, cigar butts, and other tobacco products, in any beachfront area, and all refuse and paper and litter shall be placed in refuse containers provided therefor. The penalty for violation of this section shall be $100 and two days community service.
l. 
No dogs or other animals shall be permitted on the boardwalk or on the beachfront or in the waters adjacent thereto, or upon any public walk contained on the beachfront, except as allowed herein:
1. 
Dogs that are wearing a valid and current license tag issued by a municipality or government agency shall be permitted on the beach in the area south of the Belmar Fishing Club pier at First Avenue and extending southerly to the border of Spring Lake at North Lake Drive, and in the waters adjacent thereto, from October 1 to April 30th during daylight hours; provided that the dog is accompanied by an adult who is at all times in possession of a bag or other container or device appropriate for the purpose of cleaning up after the dog, and who shall be responsible for completely and immediately removing and properly disposing of the dog's fecal droppings; and who shall also be responsible for complying with all other applicable laws and regulations.
2. 
Dogs are permitted on the boardwalk only in and about the times enumerated in Subsection 1 above, for the limited purpose of entering or exiting the beach.
3. 
The penalty for a violation and conviction of this section for a first offense shall carry a minimum fine of $250, for a second offense a minimum fine of $500, and for a third offense a court appearance shall be mandatory and upon a third conviction a minimum fine of $1,000.
m. 
No person shall ride bicycles, skates, skateboards, scooters, motorcycles or motor vehicles of any type on the boardwalk or any of the public walks adjacent thereto on any portion of the beachfront. However, as a special exception to this section, bicycles may be ridden on the boardwalks and public walks only between the hours of 6:00 a.m. and 9:00 a.m., prevailing time, on any morning; and between the hours of 6:00 a.m. and 6:00 p.m., prevailing time, from October 1st to April 30th. This section shall not apply to Firemen, First Aid Members, Police Officers, Public Works and Sanitation Employees while on duty or responding to an emergency. This section shall also not apply to vehicles and trailers using the boardwalk vehicle ramp at Third Avenue for purposes of lawfully transporting non-motorized watercraft or motorized personal watercraft in accordance with the regulations set forth in this Chapter.
n. 
No person shall climb over, break, damage or deface any fence, railing, enclosure or other Borough property on the boardwalk or the beachfront.
o. 
No person, article or object shall be permitted to enter the beachfront or beach area except through a publicly designated entrance.
p. 
No person shall hawk, peddle, vend, sell, distribute, deliver or offer for sale any goods, wares, product samples or merchandise on any of the public beaches or beachfront of this Borough bordering upon the Atlantic Ocean or Shark River. However, the prohibition of these activities along the Shark River shall not apply to veterans or exempt firemen possessing a valid license issued pursuant to N.J.S.A. 45:24-9 et seq.
No person shall hawk, peddle, vend, sell, distribute, deliver or offer for sale any goods, wares, product samples or merchandise on any public boardwalk in the Borough, except from a permanently enclosed building, store or other structure located on the boardwalk or in accordance with a permit granted by the Mayor and Council.
q. 
No person shall solicit on a pamphlet or a flyer any trade or business on any of the public beaches or beachfront of this Borough bordering upon the Atlantic Ocean or Shark River. However, the prohibition of these activities along the Shark River shall not apply to veterans or exempt firemen possessing a valid license issued pursuant to N.J.S.A. 45:24-9 et seq.
No person shall solicit on a pamphlet or a flyer any trade or business on any public boardwalk in the Borough except from a permanently enclosed building, store or other structure located in said boardwalk.
r. 
No person shall obstruct the flow of pedestrian traffic or other activities on the boardwalk or beachfront area.
s. 
No person shall bring, consume or possess any alcoholic beverage, malt alcoholic beverage or wine or any other intoxicating liquors on the beachfront or in the waters adjacent thereto or on the boardwalk, or in the Borough owned pavilions whether or not they are occupied by a concession lessee, except as specifically authorized by Chapter 17 Alcoholic Beverage Control of the Borough of Belmar Revised General Ordinances.
t. 
Modeling or designing sand or upon any of the material upon the beachfront is permitted provided that the same is removed and the area leveled prior to leaving the area where such activities have occurred.
u. 
No person shall model, draw or depict any obscene or rude figures upon the beachfront.
v. 
No person shall take or haul any beach sand or soil from the beachfront, nor shall any person dig in the beachfront in such a manner as to leave a depression of more than 12 inches deep in the surface of the land.
w. 
No person shall use surfboards, lifeboats or life rafts made of inflatable or rigid or non-rigid material, or any other appliances or equipment, whether made of inflatable or rigid or non-rigid materials, which might cause injury to persons sitting, standing, walking, bathing or swimming upon the beach, the sand, the beachfront or in the waters adjoining thereto, except as follows:
Inflatable surf-mats made of a non-rigid material and not over six feet in length may be used in such specific areas on the beach, the sand, the beachfront, or in the waters adjoining thereto as are so designated by Resolution of the Borough Council, and shall never be taken into or used in or on a swimming or bathing area or beach or waters as so designated by the Council.
Surfboards of the type approved by the National Surfing Association and not exceeding 10 feet in length may be used only in such specific areas on the beach, the sand, beachfront, or in the waters adjoining thereto as are so designated by resolution of the Borough Council and shall never be taken into or used in or on a swimming or bathing area or beach or waters as so designated by the Borough continue.
x. 
No person shall enter into the designated lifeguard area without the permission of the lifeguard in charge, and no person shall molest, bother or annoy the lifeguards in the performance of their duties.
y. 
No person shall build, start, or make any fire on any portion of the beachfront.
[Amended 5-7-2019 by Ord. No. 2019-09]
z. 
(Reserved)
aa. 
No beach parties shall be permitted on any portion of the beach except the beach designated in Subsection 18-2.2c, and except upon the issuance of a special permit from the Borough Clerk. Every permit shall be valid only for the single day indicated on the permit between the hours of 6:00 p.m. and 12:00 midnight. Applications for permits must be made to the Borough Clerk on forms promulgated by the Clerk. No permit shall be issued unless the applicant first submits to the Clerk: (1) a security deposit of $100, returnable only if there is no damage to the beach or any Borough property, and only if all trash and litter has been removed from the beach by the applicant; and (2) a certificate of insurance or other satisfactory proof that the applicant has obtained and paid for liability insurance against any and all claims for bodily injuries and property damage arising out of or in any way connected with the presence of persons on the beach during the party, which insurance must have a limit of liability of at least $500,000 and must name the Borough of Belmar as an insured. No swimming or bathing privileges shall be extended to any person attending a beach party, and no person attending a beach party shall bring onto the beach or the boardwalk any alcoholic beverages. In addition, the provisions of Subsection 18-2.7y shall apply to all beach parties.
bb. 
From May 1 through September 30 of each year and between the hours of 8:00 a.m. and 5:00 p.m., no person shall place bicycles, baby carriages or any other vehicles upon the beachfront or boardwalk within 15 feet of a publicly designated entrance to the beachfront unless placed in a bike rack provided by the Borough. At all other times the same shall not be placed so as to interrupt with safe and efficient access to and from the beach.
cc. 
No person shall, while on or using any portion of the beachfront or while bathing or swimming in the waters of the ocean adjacent thereto, annoy or molest any other person or persons, or utter any offensive or indecent language or in any way act in a disorderly manner.
dd. 
No gambling, gaming or wagering of any type shall be permitted at any time on the beachfront or in the waters adjacent thereto.
ee. 
No person shall bathe or swim in the Atlantic Ocean from the Belmar beach at a distance greater than as directed by the lifeguard in charge.
ff. 
No person shall be permitted to bring or have in their possession on the beaches any glass containers of any type.
gg. 
No dance floors or objects for use as a dance floor may be placed on the boardwalk or beaches for the purpose of public dancing, except in conjunction with: (1) an authorized beach party permit pursuant to Subsection 18-2.7aa; (2) an aerobics class offered by an authorized beach aerobics concessionaire of the Borough; or 3. a special event, activity or program authorized by resolution of the Borough Council.
hh. 
No person shall be permitted to play or operate any device that emits a sound amplification in excess of 65 dB(A) at the source on any section of the boardwalk or beach. No component TV, radio, stereo or electric equipment for the purpose of reproducing TV, radio, or recorded sound or electronic musical instruments are permitted except in conjunction with an authorized beach party permit pursuant to Borough ordinance Subsection 18-2.7aa.
ii. 
No radio, phonograph, tape, or cassette player, television, musical instrument, loudspeaker or amplifier, or other machine or device for the electronic or stereophonic production or reproduction of sound may be permitted on the boardwalk or beachfront unless equipped and operated only with headphones.
jj. 
No person shall smoke any cigarettes, cigars or other tobacco products in the beachfront area at any time. The penalty for violation of this section shall be $25.
1. 
"Smoking" means the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
[Added 2-19-2019 by Ord. No. 2019-04]
[1966 Code § 5-2.8; Ord. No. 1991-1 § 16; Ord. No. 1991-20 § 1]
The Borough Council reserves the right to cancel forthwith any privilege, badge, tag, insignia or check granted or extended to any person, for violation of any provision of this section. Such cancellation shall not preclude the imposition of any other penalties provided for violations of this section.
[1966 Code § 5-2.9; Ord. No. 1991-1 § 16; Ord. No. 1991-20 § 1; Ord. No. 1994-21 § 2]
Any person losing his/her badge shall lose any rights and privileges under that badge and shall reapply for a new badge, paying the necessary seasonal or daily fee as the case may be. No replacement badges shall be issued at any time.
[1966 Code § 5-2.10; Ord. No. 1991-1 § 16; Ord. No. 1991-20 § 1; Ord. No. 1999-06 § 5]
Notwithstanding any beachfront rules and regulations to the contrary, certain watercraft shall be permitted to be placed upon and/or transported across the beach, and used in the waters adjacent to the Borough's beach, subject to the restrictions, conditions and limitations set forth in this § 18-2.10:
a. 
Non-Motorized Watercraft. Non-motorized watercraft, which shall for purposes of this Chapter be defined to include non-motorized sailboats, kayaks, surfboats, catamarans and mono-hull sailboats that do not exceed 20 feet in overall length, shall be permitted to be launched, landed and operated in the area of water adjacent to the beach north of Third Avenue that shall be designated by signs, flags and/or buoys for that purpose. No catamaran, mono-hull sailboat or surfboat shall be permitted upon the Borough's beach unless a permit has been issued by the Borough pursuant to § 18-2.10e.
b. 
Motorized Personal Watercraft. Motorized personal watercraft, which shall for purposes of this Chapter be defined to include the class of small, motorized, non-propeller driven personal watercraft known by such registered tradenames as Jetski, Skidoo and Waverunner, shall be permitted to be launched from, landed on and operated solely within the access channel located at Third Avenue beach and that is designated by signs, flags and/or buoys for that purpose. Motorized personal watercraft shall be permitted to operate within the access channel solely for the purpose of obtaining access to and from the open Atlantic Ocean which for purposes of this Chapter shall mean the area of the Atlantic Ocean that lies east of an imaginary line that connects the easternmost ends of the stone jetties that extend from the Borough's beaches. While within the access channel, motorized personal watercraft shall at all times proceed in a direct fashion to or from the open Atlantic Ocean and shall not operate at a speed in excess of 10 miles per hour. No motorized personal watercraft shall be permitted upon the Borough's beach unless a permit has been issued by the Borough pursuant to § 18-2.10e.
c. 
Non-motorized watercraft and motorized personal watercraft are strictly prohibited from operating in the area between the open Atlantic Ocean as defined herein and the Borough's beaches, except within the areas designated by §§ 18-2.10a and 18-2.10b, respectively. In addition, non-motorized watercraft and motorized personal watercraft are prohibited from operating within 300 feet of the pier owned by the Belmar Fishing Club.
d. 
All motorized personal watercraft and non-motorized watercraft may be transported onto the beach solely by means of the vehicle ramp located at Third Avenue. A trailer or dolly used to transport a non-motorized watercraft or motorized personal watercraft may be stored on the beach, in an area designated by the beachfront director, during the time the non-motorized watercraft or motorized personal watercraft that it was used to transport is on the beach or in the water. No non-motorized watercraft, motorized personal water-craft or trailer or dolly shall be stored or kept on the beach overnight, except as provided in § 18-2.10g.
e. 
All motorized personal watercraft, catamarans, mono-hull sailboats and surfboats shall be required to obtain a permit from the Harbor Commission. No such permit shall be issued unless:
1. 
The registered owner submits a written application to the Harbor Commission, on forms prescribed by the Harbor Commission, setting forth the name, address, and telephone number of the registered owner of the watercraft and the type and registration number of the boat. All applications must be signed by the registered owner.
2. 
The applicant for a permit for a motorized personal watercraft shall pay an annual fee of $125. The applicant for a permit for a catamaran, mono-hull sailboat, or surfboat shall pay an annual fee of $25, except that in the case of catamarans and mono-hull sailboats that are to be stored on the beach pursuant to § 18-2.10g, the annual fee shall be as established in Subsection 18-4.3.
3. 
The registered owner of the watercraft executes an indemnity agreement, on a form to be provided by the Borough, indemnifying and holding the Borough harmless with respect to any damage to or loss of the watercraft and with respect to any and all claims and suits for property damage and/or bodily injuries arising out of the ownership, use, maintenance or operation of the watercraft.
4. 
The registered owner submits a homeowner's policy, certificate of insurance or some other acceptable proof that the registered owner and, in the case of motorized personal watercraft, the Borough are insured against liability for property damage and bodily injuries arising out of the ownership, use, maintenance, and operation of the watercraft in an amount not less than a combined single limit of $300,000.
All permits shall be issued on a first-come, first-served basis. The Harbor Commission shall have the right, in his or her sole discretion, to limit the number of permits that are issued for each class of watercraft. No more than one permit shall be issued to any one person for each class of watercraft, unless that person is a concessionaire authorized by the Borough to lease or rent that class of watercraft. No person may rent or lease any watercraft on a Borough beach or in the water adjacent thereto, unless that person is a duly authorized concessionaire of the Borough, and in that case only in conformance with the lease agreement between the concessionaire and the Borough.
f. 
No person shall operate any motorized personal watercraft or non-motorized watercraft in a dangerous or reckless manner, or in a manner that endangers the health and safety of others, or in a manner that could reasonably be expected to put others in fear of imminent harm.
g. 
Catamarans and mono-hull sailboats, for which a proper permit has been obtained pursuant to § 18-2.10e2 may be stored on the beach from May 15 through October 15 in an area prescribed by the Beachfront Director. All such catamarans and mono-hull sailboats must be properly secured and tied down.
h. 
Operators of motorized personal watercraft and non-motorized watercraft shall at all times comply with all directions of the lifeguards. The lifeguards shall be authorized to prohibit motorized personal watercraft and/or non-motorized watercraft from entering the water when prevailing weather or water conditions warrant, as determined within the sole discretion of the Chief of the Lifeguards. The lifeguards shall be further authorized to limit the number of motorized personal watercraft and/or non-motorized personal watercraft in the water when prevailing weather or water conditions and/or the number of watercraft in the water warrant, as determined within the sole discretion of the Chief of the Lifeguards.
i. 
Any person who violates any provision of § 18-2.10 shall, upon conviction thereof, be liable for a penalty of not less than $100 and not more than $1,000; except that any person who violates Subsection 18-2.10b while operating a motorized personal watercraft shall be liable for a penalty of not less than $250 and not more than $1,000. Any person who violates § 18-2.10f while operating a motorized personal watercraft shall be liable for a penalty of not less than $500 and not more than $1,000 all payable to the Belmar Municipal Court, Violations Bureau. The Judge of the Municipal Court may, within his/her sole discretion, require as an additional penalty for any violation of Subsections 18-2.10a, 18-2.10b or 18-2.10f that the Borough permit to bring the watercraft in question upon the Borough's beach be forfeited.
[Ord. No. 1992-11 § 1]
a. 
Purpose. This section is adopted to regulate the dune areas between the easterly side of Ocean Avenue and the beaches, which are vital ingredients in the efforts of the Borough and of the State of New Jersey to preserve and to protect the shoreline of this municipality from erosion by wind and water.
b. 
Definitions. As used in this section:
1. 
DUNE AREAS – Shall mean those tracts of land beginning at a point south of the Belmar Fishing Club and extending east of the boardwalk a width of approximately 10 feet and a height of approximately three feet above the level of the beach and a length extending approximately 3,000 feet to the north side of the Tenth Avenue Pavilion; from the south side of the Tenth Avenue Pavilion approximately 800 feet to the north side of the Thirteenth Avenue Pavilion (McDonald's); from the south side of the Thirteenth Avenue Pavilion approximately 800 feet to the north side of the Sixteenth Avenue Pavilion; from the south side of the Sixteenth Avenue Pavilion approximately 500 feet to the north side of the Nineteenth Avenue Pavilion; from the south side of the Nineteenth Avenue Pavilion approximately 400 feet to the Borough boundary. Further, it is recognized that the dune areas are not rigid as to the delineation thereof and, as a result of natural forces, the dune areas may shift and migrate. It is the intention of this definition to include such locations within this definition. Further, this definition is also intended to encompass other areas along the beachfront which either may be constructed or planted for the purpose of preserving and protecting the shoreline.
2. 
NATURAL VEGETATION – Shall include the terms "native vegetation" or "indigenous." Specifically, it shall mean such plants as dune or beach grass, dusty miller, hudsonia, sea rocket, seaside goldenrod, bayberry or beach plum and other plants which normally grow or may be planted in the dune areas as set forth above.
c. 
Prohibitions.
1. 
No person, firm or corporation shall place any structure or object of any kind within the dune areas of the Borough;
2. 
No person shall trespass by foot on or across the dune areas of the Borough;
3. 
No person shall operate any bicycle or motor vehicle of any kind on or across the dune areas of the Borough;
4. 
No person shall remove or destroy the natural vegetation, sand fences or other types of dune protective devices in the dune areas of the Borough.
d. 
Exceptions. This section is not intended to prohibit the officers and employees of the Borough and other authorized personnel from entering into and upon the dune areas for the purpose of cleaning, maintenance, repair, restoration and planting in order to preserve and to protect the dune areas in the Borough.
e. 
Violations. Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction thereof, be subject to a fine of not more than the sum of $500, from one hour to 50 hours of community service or a jail sentence of not more than 90 days or both in the discretion of the Judge of the Municipal Court before whom the complaint is heard.
[1966 Code § 5-3.1; Ord. No. 1991-1 § 16]
This section is adopted to regulate the use and operation of the Belmar Marina Area and the waters adjoining it, to set forth rules and regulations providing for cleanliness of the area, its docks and piers, and for the safety and comfort of persons using the same; and to regulate the use and operation of watercraft in, on or along the Belmar Marina Area and within any of the yacht basins in that area.
[1966 Code § 5-3.2; Ord. No. 1991-1 § 16]
The Belmar Marina Area is designated as all that area within the municipal boundary west of State Highway Route No. 35, including all waterways which may be subject to State or Federal regulations.
[1966 Code § 5-3.3; Ord. No. 1991-1 § 16; Ord. No. 2001-06; Ord. No. 2003-17]
For the purposes of this section:
CHARTER BOAT
Shall mean any boat or vessel carrying passengers for hire or for commercial purposes, by pre-arranged appointment or reservation.
CRUISE OR EXCURSION BOAT
Shall mean any boat or vessel carrying passengers for hire or for commercial purposes by prearranged appointment or reservation which are not primarily used for fishing.
DINGHY SAILBOAT
Shall mean any boat that is not greater than 16 feet in length and that is designed and constructed to be powered primarily by the use of one or more sails.
PARTY BOAT
Shall mean any boat or vessel which operates for hire or for commercial purposes on a fixed or regular schedule and is open to the general public.
WATERCRAFT
Shall mean any ship, vessel, boat, motorboat, or other vehicle when used on water, including seaplanes when not airborne, and any contrivance, vehicle, object, vessel or matter that can be used both in water and on land, or in water and in air, or any combination of these uses.
WATERWAY
Shall mean that area of Shark River which is westerly of State Highway Route No. 35 and the Shark River bridge on that highway, within the boundary lines of the Borough.
[1966 Code § 5-3.4; Ord. No. 1991-1 § 16]
No person shall operate in the Belmar Marina Area any watercraft unless properly licensed as required by applicable State and Federal laws and regulations.
[1966 Code § 5-3.5; Ord. No. 1991-1 § 16]
The regulations herein set forth shall apply to the use of the above-designated waterways within the Borough and the use and operation of watercraft in that area.
[1966 Code § 5-3.6; Ord. No. 1991-1 § 16]
a. 
No person shall operate any watercraft in a reckless manner or at any excessive rate of speed so as to endanger or be likely to endanger the life or property of any person, and all watercraft shall be operated with due regard for the presence of other boats or persons, or other objects in or on the waterway.
b. 
No person shall operate any watercraft in the waterway at a rate of speed which causes waves of a magnitude to damage docks, wharves, seawalls, or watercraft moored to docks or wharves along said waterway.
c. 
No person shall operate any watercraft at a speed in excess of six miles an hour in the Federal Channel of the waterway, and at a speed in excess of three miles an hour within any of the yacht basins in the Belmar Marina Area, or any other place of similar concentration of craft within that area, except in cases of fire or extreme emergency. The limitation on speed prescribed by this section shall not apply to seaplanes in the process of landing or taking off in proper prescribed areas.
[1966 Code § 5-3.7; Ord. No. 1991-1 § 16]
a. 
No person shall operate in the Belmar Marina Area any watercraft which does not meet all applicable equipment requirements of the United States Coast Guard.
b. 
No person in charge of any watercraft in operation in the waterway or moored at any wharf, dock, pier or area in the waterway shall allow the same to operate or remain during the nighttime unless properly lighted in compliance with any applicable United States Coast Guard regulations.
c. 
No person operating any watercraft in the waterway shall use searchlights indiscriminately or in such a manner as to annoy or disturb other persons on land or water or any other watercraft.
d. 
No person shall run or operate any watercraft engine for the purpose of charging batteries, running auxiliary equipment or testing, between the hours of 12:01 a.m. and 6:30 a.m., prevailing time, in any day.
e. 
No person shall operate watercraft with an outboard or inboard motor unless the same is equipped with an adequately muffled exhaust.
f. 
No person shall use any bell, siren or other noise-producing or noise-amplifying instrument on any watercraft in such a manner that the peace and good order of the neighborhood is disturbed; provided however, that nothing herein shall be construed to prohibit the use of whistles, bells or horns as signals as required by any Federal or State law for the safe navigation of watercraft.
g. 
No watercraft shall be moored in any channel, except at the edge thereof, and in no case closer than 50 feet to channel markers, and in no way to interfere with the full use of the channel by others; nor shall any watercraft be moored to any private or public seawall, dock or beach without the permission of the owner or lessee thereof.
h. 
No person shall operate any watercraft while under the influence of intoxicating liquor, narcotics, drugs or opiates.
i. 
No person shall operate any watercraft in such a manner as to unjustifiably or unnecessarily annoy, frighten or endanger the occupants of any other watercraft, or throw up a dangerous wake when approaching another watercraft or any dockage area.
[1966 Code § 5-3.8; Ord. No. 1991-1 § 16; Ord. No. 1999-06 § 6]
a. 
No signs of any type, kind or description shall be placed or maintained upon any vehicle, private or commercial, parked in the Belmar Marina Area. Lettering of ownership upon the vehicle itself shall not constitute a sign.
b. 
No watercraft shall exhibit signs which advertise any product or service. Commercial party-boats may have one sign describing their facilities and prices but not containing any other advertisement, to be approved by the Harbor Commission and to be installed only where designated.
[1966 Code § 5-3.9; Ord. No. 1991-1 § 16]
a. 
No commercial vehicle or busses shall be parked in the Belmar Marina Area except in specific area or areas designated by the Borough Council.
b. 
Passenger vehicles may park only in the specific areas designated for parking. No vehicles shall park within roadways laid out in the Belmar Marina Area or within any fire or emergency area.
c. 
Boat trailers and vehicles attached to the same shall be parked only in specific areas designated for the same.
d. 
All vehicles parked in any angle parking spaces, as indicated by markings or signs, in the Belmar Marina Area shall be parked head on in such spaces, such that the rear of the vehicle is closer to the lane of travel from which entry to the parking space is made than the front of the vehicle. The phrase "lane of travel from which entry to the parking space is made" means that lane of travel providing access to the parking space without requiring a vehicle to cross over or pass through any other designated parking space or any area on which vehicular traffic is prohibited.
[1966 Code § 5-3.10; Ord. No. 1991-1 § 16; Ord. No. 1995-06 § 2; Ord. No. 1996-12 § 1; Ord. No. 1999-06 § 6; Ord. No. 2002-07; Ord. No. 2014-15]
a. 
No person shall swim or skin-dive in any area of the waterway or from any of its adjoining docks, piers or walls, or from or within any portion of the Belmar Marina Area, except where specifically designated for such use by the Borough Council.
b. 
No person, except owners of watercraft moored on the low water docks of the Belmar Marina Area, or their guests, shall be permitted on the low water docks.
c. 
No person shall fish or crab from any of the premises, docks, seawalls or piers of the Belmar Marina Area except in such area or areas as designated by the Borough Council. Within designated areas all fishermen must clean up bait, refuse, trash and seaweed, leaving the pier and dock or seawall clean.
d. 
No person shall sell or clean fish on any dock, pier or seawall of the Belmar Marina Area, or any other portion thereof, unless specifically designated for such use by the Borough Council.
e. 
No person shall hawk, peddle, vend, distribute, or deliver, any goods, wares, fish, food products or merchandise of any type and kind in any part of the Belmar Marina Area. No commercial delivery of any goods, product or merchandise shall be made by vehicle to the Belmar Marina Area, except to a designated loading area outside the Donald E. Sterner Administration Building and then only between the hours of 8:30 a.m. and 11:30 a.m., and 1:30 p.m. and 4:30 p.m.
All such goods, products or merchandise shall then be unloaded by hand and moved by hand or by non-motorized cart to their final destination.
Nothing contained in this subsection shall be construed to prohibit customers of commercial vessels or owners and passengers of pleasure boats from unloading their vehicles in appropriately designated areas.
This subsection shall not be deemed to apply to municipal employees or contractors acting on official business.
In the event of any emergency or other special circumstances, the Superintendent of Public Works or designee may authorize the delivery of any service and/or part(s) at an appropriate location and time.
However, the regulations and prohibitions contained in this section shall not apply to veterans or exempt firemen possessing a valid license issued pursuant to N.J.S.A. 45:24-9 et seq.
f. 
No person shall grind chum in any part of the Belmar Marina Area except in the area designated for such use by the Borough Council.
g. 
Designations of areas for permitted or prohibited uses to be made by the Borough Council as required by the provisions of this section shall be made by appropriate resolution of that body.
h. 
No person shall at any time use any watercraft within the harbor area for sleeping or living purposes from November 1 to April 1 of the following year, both dates inclusive; except that the Superintendent of Public Works or designee may authorize the temporary use of any watercraft for sleeping purposes if: (1) it is necessary in the opinion of the Superintendent of Public Works or designee for the safety and preservation of the watercraft; and (2) the temporary use for sleeping purposes by transient watercraft fully equipped for no more than two nights.
i. 
No person shall smoke any cigarettes, cigars or other tobacco products in the beachfront area known as L Street Beach at any time, including the boardwalk area at L Street Beach. The penalty for violation of this section shall be $25.
[1966 Code § 5-3.11; Ord. No. 1991-1 § 16]
The provisions of this section shall not be construed to prohibit the running of racing or exhibition watercraft, muffled or unmuffled, during a publicly announced and properly supervised and adequately patrolled regatta or speed trial or exhibition having proper authorization in writing from the Borough Council as to the area to be utilized for those purposes.
[1966 Code § 5-3.12; Ord. No. 1991-1 § 16]
a. 
No person shall litter or dump refuse on any dock, pier or seawall of the Belmar Marina Area, or any portion thereof, nor shall any garbage, paper, bottles, cans, refuse, trash or debris be dumped or thrown into the waterway or any portion of that area.
b. 
All persons in charge of or occupying any watercraft shall at all times keep docks, piers, seawalls and premises adjacent to such watercraft in a neat and orderly manner and free from all trash, rubbish, repair parts, machinery, equipment and debris of all kinds.
c. 
The lessee or sublessee, including any watercraft owner whether private or commercial, shall maintain his/her lease area in a clean and sanitary condition, free of all refuse, garbage, trash and debris.
d. 
Any person in charge of any watercraft moored or docked in or along the waterway or the person renting any pier, dock, slip or wharf in or along that waterway, and any lessee or sublessee, including private or commercial watercraft owners, shall provide garbage cans of sufficient size to hold garbage, trash and refuse to be collected, daily in the summertime and twice weekly at other times of the year, by such agency or contractors as are provided by the Borough Council.
[1966 Code § 5-3.13; Ord. No. 1991-1 § 16]
Persons in charge of or occupying, or being guests or passengers on boats docked at or moored to land, docks, piers, wharves or areas abutting the waterway, or sailing or operating in any waters of the Shark River located in any portion of the Borough, shall observe all health and sanitary regulations of the Borough and all ordinances of the Borough relating to the conduct of persons and prohibiting acts contrary to public health, morals, safety or public peace. All heads, toilets, toilet and washing facilities shall be locked, closed and not used on any boat while within the confines of the Borough, whether docked or moored or traveling or standing still on the waterway or any portion of the Shark River within the boundary lines of the Borough. No feces, excrement, tarnished, stained, sullied or putrescent material or liquid shall be discharged or released or placed in the waterway or on any land, docks, piers, wharves or areas abutting the waterway, or in any portion of the Shark River located within the boundary lines of the Borough.
[1966 Code § 5-3.14; Ord. No. 1991-1 § 16]
Every boat in the waterway which is abandoned or which becomes a menace to navigation or is unseaworthy, or sinks, grounds or becomes otherwise disabled, is hereby declared to be a nuisance and the person in charge thereof shall abate such nuisance within 48 hours after notice thereof from the Belmar Police Department.
[1966 Code § 5-3.15; Ord. No. 1991-1 § 16]
The Belmar Police Department shall have authority to board any watercraft moored in violation of this section, or abandoned or otherwise disabled as stated in Subsection 18-3.14 preceding, and move it or cause it to be moved to another location and to hold such watercraft for payment of costs incurred in its removal and/or storage.
[1966 Code § 5-4.1; Ord. No. 1991-1 § 16; Ord. No. 2001-06]
This section is adopted to regulate the use and operation of the Marine Basin and establish fees and charges for the use thereof.
[1966 Code § 5-4.2; Ord. No. 1991-1 § 16; Ord. No. 1991-34 § 2; Ord. No. 1993-5 § 2; Ord. No. 1995-3 § 1; Ord. No. 1999-06 § 7; Ord. No. 2001-06]
The docking rates, the starting and ending dates of each year's season, and the installment service charge shall be established by resolution of the Harbor Commission and with approval of the Borough Council. The docking rates shall be charged to tenants and other users of the Marine Basin. All rates for commercial boats must be paid on or before December 15 of the prior year. All rates for pleasure boats must be paid on or before April 1 of the lease year. If all the rates for a pleasure boat are paid in more than one installment a service charge will be imposed and will be deemed as rent due and owing under the lease.
[1966 Code § 5-4.3; Ord. No. 1990-18 § 3; Ord. No. 1991-1 § 16; Ord. No. 1991-34 § 3; Ord. No. 1993-5 § 3; Ord. No. 1993-47 § 1; Ord. No. 1997-09 § 1; Ord. No. 1997-14 § 1; Ord. No. 1999-06 § 7; Ord. No. 2000-9 § 1; Ord. No. 2001-06; Ord. No. 2003-17; Ord. No. 2010-17 § I]
a. 
Daily Rates. Daily rates for itinerant pleasure boats, if slips are available, shall be established by resolution of the Harbor Commission and with approval of the Borough Council.
b. 
Boat Ramp - Daily Fees. The fee for daily boat ramp use (one launch, which requires two tokens, and one retrieve, which requires two tokens) shall be established by resolution of the Harbor Commission and with approval of the Borough Council. A bulk quantity of 400 tokens may be purchased for 75% of the cost of 400 tokens if purchased individually at the rate set by the Harbor Commission, upon the express condition that no tokens may be resold for less than the rate for an individual token as set by the Harbor Commission.
c. 
Winter Wet Storage. The winter wet storage fee shall be established by resolution of the Harbor Commission and with approval of the Borough Council. These rates shall also apply to itinerant pleasure boats for the purpose of extending the season, prorated by the week.
d. 
Prorated Rates. Any initial lease signed after August 1 of any year may be accepted on payment of 1/2 of the seasonal rate in effect for pleasure boats. Commercial Boat rates shall be determined by dividing the current rate by 365 days, then multiplying the result by the number of days remaining in the year.
e. 
Gasoline, Diesel Fuel, Motor Oil and Other Lubricants Rates. Prices for gasoline, diesel fuel, motor oil and other lubricants sold at the marina by the Borough shall be as follows:
1. 
Amount over cost, including labor and administration:
Gasoline and diesel sold for pleasure boats
Price per gallon to be set by resolution
Diesel for commercial boats
Price per gallon to be set by resolution
Processing fee for pleasure and commercial boats to be calculated on the total cost per gallon, including Borough purchase price, taxes and Borough flat rate fee
Percent of the calculated price per gallon to be set by resolution
Gasoline and diesel sold to other government entities and nonprofit organizations
Price per gallon to be set by resolution
2. 
In the event the purchase price decreases less than $0.02 per gallon, the resale price will not be changed until the decrease is $0.02 or greater.
3. 
The cost to the purchasers of motor oil and other lubricants at the marina shall be the cost to the Borough for the unit of motor oil and other lubricants, (i.e.: pint, quart or other unit measure), plus overhead and administrative costs price to be set by resolution plus all applicable taxes.
4. 
Any increases in the purchase price will be passed on directly to the customer.
f. 
Gasoline and Diesel Access Card/Keys. Any boat owner may purchase gasoline and diesel fuel from the Borough by use of a "Fuel Access Card or Key" provided that the owner executes (with personal guarantees if the owner is a corporation or a partnership) a contract prepared by the Borough Attorney, whereby the owner agrees to purchase all of the owner's gasoline and diesel fuel from the Borough except when operating away from the Belmar/Shark River area or in emergencies, and at prices in effect at the time of delivery.
Boat owners will be given statements on a weekly basis and invoiced on a biweekly basis. Invoices shall be payable in seven days. Payments, if made by check, do not satisfy an invoice or replenish a security until the check clears.
The failure of a boat owner to pay invoices in a timely fashion will result in the deactivation of the fuel access card or key. The fuel access card or key will not be reactivated until the outstanding invoices, interest and penalties are paid in full and the following security is posted and maintained at all times:
Charter boats
$1,000
Party boats
$5,000
Private boats
$500
Cruise/Excursion boats
As required
Thereafter, if invoices are not paid in a timely fashion the fuel access card or key will be deactivated and the security on deposit will be used to pay any delinquent invoice(s), interest and penalty and the boat owner will be required to replenish the security. If it is not replenished in 10 days the fuel access card or key will be deactivated. If a fuel access card or key is deactivated it will not be reactivated until all outstanding invoices, interest and penalties are paid and the appropriate amount of security is restored.
Upon the termination of a boat owner's lease the fuel access card or key will be deactivated and any security on deposit will be returned within 14 days of the satisfaction of the last invoice(s) or other payments owed to the Borough.
The cost for any replacement or new gas key for an existing account is $10 per key.
g. 
Pleasure Boat Leases. Any pleasure boat lease may be canceled upon written request of the lessee, but only if the slip is re-rented. Upon receipt of payment in full from the new lessee, the Chief Financial Officer may refund the rent on the canceled lease, less 10% to be retained as a cancellation fee, provided the canceling lessee has removed his/her boat from the slip. The Borough has no affirmative objection to seek out a new tenant.
h. 
Commercial Boat Leases. Any commercial vessel lease may be canceled upon written request of the lessee. The request must be accompanied by a non-refundable application fee of $50. If the request is granted, a refund will be paid equal to the number of days remaining on the canceled lease after the date when the vessel has been removed from the slip, multiplied by the per diem rate for rent under the canceled lease (yearly rent divided by 365). The Borough has no affirmative objection to seek out a new tenant or to re-rent the vacant slip, but may require it to be re-rented before a refund is paid.
i. 
Assignment of Existing Lease. Assignment of pleasure and/or commercial boat lease is prohibited.
j. 
Subleasing of Slips. Subleasing of pleasure and/or commercial boat slip is prohibited.
k. 
Mooring Fees. The fee for mooring facility use shall be established by resolution of the Harbor Commission and with approval of the Borough Council. No person shall occupy any property or waterway within the Marina or within the Borough's riparian grants without a lease or prior permission.
l. 
Slip Transfer Fee. The fee for transferring from one slip to another shall be established by resolution of the Harbor Council and with approval of the Borough Commission, which fee shall be in addition to any rent increase required as a result of the transfer. All transfers will be made by the Business Administrator.
m. 
Sailboat Beach Fees. The fee and number of permits to be issued for placing a sailboat on beach as described in Subsection 18-2.10 shall be established by resolution of the Harbor Commission and with approval of the Borough Council.
n. 
The Business Administrator is hereby authorized to accept renewals of existing leases, provided the lessee executes a written lease renewal agreement and pays the rent for the renewal term in full on or before December 31st of the current lease year. Execution of winter storage agreement shall not extend the due date for pleasure boat rents. Failure to execute a lease renewal agreement and to pay the rent for the renewal term in full as set forth above will result in a termination of all rights, and the vessel will be required to leave the marina upon expiration of the current lease.
o. 
Boat Ramp - Annual Boat Ramp Pass. The fee for an annual boat ramp pass shall be established by resolution of the Harbor Commission and with approval of the Borough Council. A rate for a senior citizen's annual boat ramp pass, for persons 62 years of age or over, may also be established by resolution of the Harbor Commission and with approval of the Borough Council. All annual boat ramp passes are subject to the following conditions: passes may only be used for one launch and one retrieve per day; in order to obtain a pass the person applying must provide a copy of a current boat/vessel registration; the pass is only valid for the boat/vessel of the registration presented; anyone violating these conditions forfeits the use of the ramp pass in accordance with Subsection 18-4.4h.
p. 
Security Key. Keys will be issued upon payment in full of slip. Two passkeys will be issued per slip. There will be a $10 charge for additional keys. Lost or stolen passes must be reported immediately to the Harbor Office. There will be a $5 fee for a replacement. Keys shall be returned to Harbor Office upon vacating of slip. Keys will be deactivated 15 days after lease end date. If keys are not returned, boat owner will be billed $10 per key. No boat owner or their guests shall cause any security or access gate or door anywhere in the Marina to be propped open, tied open or otherwise prevented from closing, or tamper with or destroy the gate or locking mechanism. In addition to any other remedies, upon the first violation of this section the boat owner shall be sent a written notice of the same and receive a $500 penalty which shall be payable in 10 days and deemed rent under this lease. Upon the second violation of this section the boat owner shall be notified in writing that his/her lease has been terminated and the owner shall remove his/her boat in 10 days and forfeit any security key deposit.
q. 
Transient Slip Security Key. Two passkeys will be issued per transient slip. A deposit of $50 cash or charge card slip shall be left before keys are issued. Lost or stolen passes must be reported immediately to the Harbor Office. Keys shall be returned to Harbor Office upon vacating of slip. If keys are not returned, boat owner will be billed $50 per key. No boat owner or their guests shall cause any security or access gate or door anywhere in the Marina to be propped open, tied open or otherwise prevented from closing, or tamper with or destroy the gate or locking mechanism. In addition to any other remedies, upon the violation of this section the boat owner, in the Borough's sole discretion may be required to vacate the Marina and/or forfeit any security key deposit.
r. 
Interest Rates. The rate of interest to be charged for the non-payment of slip rental fees, gasoline and/or diesel fuel and any other service received from marina is hereby fixed at 18% per annum on the delinquency to be calculated from the date of service or from the scheduled payment date to the date of actual payment.
s. 
Dinghy Sailboat Dockage and Moorings. Dinghy sailboats, as defined in Subsection 18-3.3, may be docked or moored subject to the regulations set forth herein in the area of the waterway dedicated by the Borough for that purpose and located between Maclearie Park and the State navigation channel westerly of the L Street Beach. Dockage and mooring of dinghy sailboats shall be limited to the season beginning on May 15th of each year and ending on the following September 15th of each year, unless extended by the Superintendent of Public Works. The dockage and mooring of dinghy sailboats and the use of the Borough's facilities relating thereto shall be subject to such additional terms and conditions and rules as shall be set forth in a lease approved by the Borough Attorney:
1. 
The fee for out-of-water dockage of dinghy sailboats on floating docks equipped with racks and/or rails for that purpose shall be $250 per season, as defined herein. The rate for the out-of-water dockage of dinghy sailboats may be changed by resolution of the Harbor Commission and with the approval of the Borough Council.
2. 
The fee for a mooring for dinghy sailboats shall be $175 per season, as defined herein. The rate for the mooring of dinghy sailboats may be changed by resolution of the Harbor Commission and with the approval of the Borough Council.
3. 
Notwithstanding the foregoing, any owner of a dinghy sailboat that enters into an agreement with the Belmar Recreation Department authorizing the Belmar Recreation Department to use his or her dinghy sailboat in connection with the Belmar Youth Sailing Program shall be entitled to a reduction of $100 from the applicable seasonal fee for dockage or mooring. Nothing contained herein shall be construed to require the Belmar Recreation Department to enter into an agreement for the use of a dinghy sailboat, if the Director of the Belmar Youth Sailing Program determines in his sole discretion that there is no need for the use of any particular dinghy boat, or if a boat is for any reason unsuited for use by the Belmar Recreation Program. As a further inducement to encourage owners of dinghy sailboats to authorize the use of the boats by the Belmar Recreation Program, the Borough of Belmar shall agree to indemnify and hold the owners of the said dinghy sailboat harmless from any liability relating to the use of the said dinghy sailboat by the Belmar Recreation Department, and shall further agree to repair any damage to the said dinghy sailboat, except for such damage as the Director of the Belmar Youth Sailing Program determines, in his sole discretion, to constitute normal wear and tear. The agreement between the Belmar Recreation Department and the owner of dinghy sailboat shall be subject to such additional terms, conditions and rules as shall be set forth in an agreement approved by the Borough Attorney.
4. 
The assignment or subleasing of dockage racks or moorings for dinghy sailboats is prohibited.
5. 
The number of dockage racks and moorings available for lease pursuant to this section shall be determined by the Superintendent of the Department of Public Works. Spaces shall be made available on a first-come, first served basis. In the event the demand for the dockage or moorings exceeds supply, preference shall be given to those owners of dinghy sailboats who agree to authorize their boats to be used by the Belmar Youth Sailing Program.
[1966 Code § 5-4.4; Ord. No. 1990-18 § 4; Ord. No. 1991-1 § 16; Ord. No. 1999-06 § 7; Ord. No. 2001-06]
a. 
Anchorage or mooring of any vessel in the Marine Basin or any waters subject to Borough jurisdiction.
b. 
Docking of any vessel at any location or in any slip without prior consent of the Superintendent of Public Works or designee.
c. 
Docking for more than 15 minutes in designated areas.
d. 
Mooring at the gas dock for any purpose other than obtaining fuel or related services.
e. 
Docking, mooring or anchorage in emergencies without immediate notification and consent of the Superintendent of Public Works or designee.
f. 
Tamper, vandalize, deface, obstruct or interfere with the boat ramp or the token machine, mechanical arm or any part of the boat ramp and token machine operation.
g. 
It shall also be prohibited to use slugs, washers, foreign coins, tokens from any other agency, or false or counterfeit tokens in the token machine for entry or exit of the boat ramp.
h. 
Any person abusing the boat ramp, ramp tokens, annual boat ramp passes, token machine and/or gate will be barred from using the boat ramp for the remainder of the calendar year. Anyone caught abusing the boat ramp on a second occasion will be forever barred from using the boat ramp or from using the services or facilities of the Belmar Marina. Unused ramp tokens or annual boat ramp passes or portions thereof will be forfeited and no refunds will be issued. The term "abusing" shall have its ordinary and customary meaning and shall include, by way of illustration and not limitation, propping the gate open, allowing more than one vessel, boat, sailboat or jet ski type craft to enter or exit at one time, breaking the gate or otherwise impeding its normal operation, or otherwise using the boat ramp in a manner prohibited by law, ordinance or resolution.
[1966 Code § 5-4.5; Ord. No. 1990-18 § 5; Ord. No. 1991-1 § 16]
Docking privileges in Basins I, II and III are restricted to private pleasure boats only. No party, charter or other commercial boat or vessel of any kind, nor any boat for hire, shall be eligible for docking privileges in Basins I, II or III except rowboats owned by the concessionaire at the Marine Basin, which shall be restricted to Dock "C," Basin III.
[1966 Code § 5-4.6; Ord. No. 1990-18 § 6; Ord. No. 1991-1 § 16; Ord. No. 1993-5 § 4; Ord. No. 1999-06 § 7]
The Mayor and Council hereby establish the following priorities and they recognize that it may be necessary to regulate the number and type of vessels:
a. 
All commercial leases may be renewed for one year, provided that the rent for the renewal term is paid in full and a written lease renewal agreement or contract is executed on or before December 31st, of the current lease year.
b. 
Pleasure boat leases may be renewed for the following season, provided the rent for the following term is paid in full and a written lease renewal agreement or lease is executed on or before December 31st, of the current lease year.
c. 
Failure to pay the rent for a lease renewal on or before the date set forth in Subsection a and/or b above shall result in loss of priority in the leased slip. The Harbor Commission shall maintain a waiting list of pleasure vessels, with available slip being offered to the persons whose names appear on the list. Any person to whom a slip is offered must execute a lease and pay the rent within five business days after the offer is made or the offer will be withdrawn and that person's name removed from the list and the slip offered to the person whose name next appears in order on the list. Names will be added to the waiting list in order, according to the date when a request to be added to the list is made.
[1966 Code § 5-4.7; Ord. No. 1991-1 § 16; Ord. No. 1993-5, § 5; Ord. No. 1999-06 § 7]
The Mayor and Council hereby establish the following priorities and they recognize that it may be necessary to regulate the number and type of vessels:
a. 
Limitations on Size of Commercial Boats. Commercial boats shall not exceed 100 feet in total length as per Coast Guard Registration.
b. 
Filling Vacancies. Vacancies in commercial slips shall be filled in the following manner:
1. 
If a tenant wishes to replace an existing vessel, he/she must first submit a written description of the new vessel to the satisfaction of the Harbor Commission who will give written approval for the new vessel as long as it meets all requirements.
2. 
Vacancies created in Commercial Boat slips by departing tenants will be filled by the Harbor Commission first notifying the Mayor and Borough Council of the vacancy along with his/her recommendations regarding the future use of the vacant slip. The Mayor and Borough Council will determine the future use of the slip.
[1966 Code § 5-4.8; Ord. No. 1991-1 § 16; Ord. No. 1999-06 § 7; Ord. No. 2001-06; Ord. No. 2002-07]
No person or corporation shall use or occupy any property owned by the Borough in the waters or in the waterways of the Borough for the purposes of docking, mooring or anchorage of boats or other related purposes without first having entered into a lease for such privileges or on a temporary basis having obtained permission from the Superintendent of Public Works or designee and paid the fees and charges for such use. The following conditions shall apply to any such use:
a. 
Slips shall be assigned to the holder of a lease for a particular boat. No other boat may occupy the assigned slip except as provided in the lease or by prior written consent of the Borough.
b. 
No boat shall waste water. Freshwater hoses shall be equipped with self closing nozzles or hand grip type nozzles.
c. 
All boats occupying berths or mooring spaces shall be equipped with proper lines approved by the Borough or its designee.
d. 
No changes in slips will be permitted without prior written consent of the Superintendent of Public Works or designee.
e. 
Any condition on, about or around a boat declared to be a fire hazard in the judgment of the Superintendent of Public Works or designee or the Chief of the Fire Department shall be removed by the owner or person in charge of such boat immediately.
f. 
Walkways and facilities through or by which access is gained to boats docked or moored shall be kept clear at all times. No supplies, equipment, or material of any kind shall be piled or placed thereon. No boat owner or their guests shall cause any security or access gate or door anywhere in the Marina to be propped open, tied open or otherwise prevented from closing, or tamper with or destroy the gate or locking mechanism.
g. 
In an emergency or under unusual conditions when the Superintendent of Public Works or designee shall so determine, the Superintendent of Public Works or designee reserves the right to assign a slip adequate for the boat other than the slip originally assigned to it.
h. 
All leases shall be in writing prepared by the Borough Attorney and must be signed, delivered to the Superintendent of Public Works or designee and complied with in all respects before occupancy of any slip is permitted. Anyone in occupancy of any slip after the expiration of any lease shall be subject to per diem charges of $100 per day for commercial vessels and $50 per day for pleasure boats as well as any other remedy available to the Borough by Statute or ordinance.
i. 
No commercial boat shall operate or conduct business without first obtaining a Mercantile License from the Borough or during any period when his/her license shall be suspended or revoked. No owner of a commercial boat may obtain a lease until he or she has obtained a Mercantile License and paid the fee established by the Tourist Development Commission or during any period of suspension or revocation.
j. 
No owner, captain, mate, employee, agent or other person on behalf of the owner or captain of any boat may hawk or solicit business anywhere in the Marine Basin except for party boats on the lower dock immediately in front of the boat for which such activity is intended to benefit, or distribute hand bills.
k. 
Soliciting for the sale of products or services by anyone shall be prohibited in the Marine Basin except as provided in Subsection j above; however, this prohibition shall not apply to veterans or exempt firemen possessing a valid license issued pursuant to N.J.S.A. 45:24-9 et seq.
l. 
No one may deliver to any boat, nor may any owner, captain, mate, employee or agent, accept for any boat the delivery for the benefit of any boat gasoline or diesel fuel which may only be sold or dispensed by the Borough at the service dock provided for such purpose.
m. 
No one may be permitted on the lower docks or the commercial basin except Borough personnel, boat owners, their employees, agents, invitees, or passengers for hire.
Violation of any provision of this section after public hearing before the Borough Council may result in revocation or suspension of the mercantile license of the owner of the vessel for the benefit or at whose direction the violation occurred. This penalty shall be in addition to any other penalty provided by law or ordinance.
[Ord. No. 2003-16]
a. 
No recreational vehicles ("RV's") campers or other vehicles, trailers or the like are permitted at the Belmar Marina and related parking areas except as permitted herein.
b. 
Only self-contained recreational vehicles, commonly referred to as "RV's", are allowed at the Marina; trailer campers, trailers, and other vehicles and tents are not permitted. All recreational vehicles must have a valid registration and comply with all insurance and other regulations applicable to the recreational vehicle in the State in which the recreational vehicle is registered.
c. 
Recreational vehicles shall be permitted only in spaces designated by the Borough Council.
d. 
Spaces shall be available from April 1 through October 31 of each year. The maximum permitted rental shall be two weeks within any thirty-day period.
e. 
Recreational vehicles and the spaces rented may not be used for any commercial, business or economic uses.
f. 
The cost for the rental of a recreational vehicle space shall be $65 per night payable in advance.
[1966 Code § 5-5.1; Ord. No. 1991-1 § 16]
No person, firm or corporation shall take, construct, build or otherwise develop a boat basin, boat-docking facility, lagoon, stream, channel, marina or other area where natural earth is moved and water substituted therefor in whole or in part, unless and until a Building Permit is obtained for such project from this municipality through its Construction Code Official. That permit shall include and require the construction of bulkheading, in accordance with the specifications herein-after provided.
[1966 Code § 5-5.2; Ord. No. 1991-1 § 16]
Permit fees for the construction of bulkheading are as follows:
a. 
$10 for the first 50 lineal feet or fractional part thereof, excluding bulkhead returns.
b. 
$5 for each additional 50 lineal feet or fractional part thereof, excluding bulkhead returns.
[1966 Code § 5-5.3; Ord. No. 1991-1 § 16]
No person or corporation shall construct or use such a boat basin, boat docking facility, stream, lagoon, channel, marina or other area in any zone where same is not permitted by the Zoning Regulations or other ordinance or ordinances of the Borough.
[1966 Code § 5-5.4; Ord. No. 1991-1 § 16]
No person, firm or corporation shall begin to or continue to dig, pump out or construct a boat basin, boat docking facility, lagoon, stream, channel, marina or other area where natural earth is moved and water substituted therefor, in whole or in part, unless and until a construction permit is obtained for such digging, pumping or construction, including the proper bulkheading of the basin, facility, lagoon, stream, channel, marina or area, from the Borough Construction Code Official, and which construction permit shall include the construction of bulkheading as hereinafter provided.
[1966 Code § 5-5.5; Ord. No. 1991-1 § 16; Ord. No. 1999-06 § 7]
The standards for construction of bulkheads as referred to herein are:
a. 
All construction materials must be reviewed and approved for use by the Building Subcode Official.
b. 
All projects must be reviewed, inspected and approved by the Borough Engineer.
c. 
Every applicant shall be responsible for all engineering review and inspection fees charged by the Borough Engineer for reviewing plans and other documents submitted in connection with any application. Upon receipt of an application, the Building Subcode Official shall contact the Borough Engineer and obtain an estimate of the Engineer's costs and fees for reviewing the application and supporting documents. The Building Subcode Official shall immediately notify the applicant of the estimate, and the applicant shall deposit the amount of the estimate with the Chief Municipal Finance Officer. The Chief Municipal Finance Officer shall pay out of the monies so deposited all bills submitted by the Borough Engineer in connection with the application. In the event the deposit exceeds the Engineer's bills, the excess shall be returned to the applicant within 10 days after final action on the application. In the event the Engineer's bills exceed the deposit, the Chief Municipal Finance Officer shall immediately notify the applicant, who shall deposit an additional sum sufficient to satisfy the excess.
[1966 Code § 5-5.6; Ord. No. 1991-1 § 16]
The penalty to be imposed upon conviction for violation of any of the provisions of this section shall be as established in Chapter 1, § 1-5.
[Ord. No. 1995-02 § 1]
A local harbor and waterfront commission, to be known as "The Harbor Commission of Belmar," be and the same is hereby created.
[Ord. No. 1995-02 § 2]
The Harbor Commission shall consist of seven persons, residents of the Borough of Belmar, to be appointed by the Mayor with the advice and consent of Council. Two members of said Harbor Commission shall be members of the governing body of the Borough of Belmar.
[Ord. No. 1995-02 § 3]
a. 
The five resident members shall be appointed for the following terms:
1. 
One member for the term of five years.
2. 
One member for the term of four years.
3. 
One member for the term of three years.
4. 
One member for the term of two years.
5. 
One member for the term of one year.
b. 
Thereafter, all appointments, except the two members of the governing body, who shall be appointed for the period of one year, shall be for the term of five years each, commencing on January 1, and the members shall serve until their successors are appointed and qualified.
c. 
The two members of the Harbor Commission who are also members of the governing body shall each be appointed to a term of one year and shall serve said one year term commensurate with their term of office.
[Ord. No. 1995-02 § 4]
The Harbor Commission shall organize annually on the first Wednesday after the Council reorganization meeting, in January. The Harbor Commission shall have monthly meetings and such other meetings as may be determined by said Harbor Commission. The Chairperson and Vice Chairperson of the Harbor Commission shall be elected by the members of the Harbor Commission at its organization meeting each year.
[Ord. No. 1995-02 § 5]
The members of the Harbor Commission shall serve without compensation.
[Ord. No. 1995-02 § 6]
The Harbor Commission shall have the powers and duties defined and designated herein, but where the exercise of such powers and duties shall involve an expenditure on monies, lease or transfer of property, the approval of Mayor and Council shall be required. Additionally, all expenditures, purchases, and encumbrances must be in conformance with the Administrative Code of the Borough of Belmar, §§ 4-9 through 4-18 inclusive, which governs purchasing procedures.
[Ord. No. 1995-02 § 7]
The Harbor Commission, with prior approval of the Mayor and Council, shall exercise the powers and duties as set forth in N.J.S.A. 40:68-23 and as hereby defined and designated:
a. 
To act on matters relating to the construction, erection, improvement, alteration and extension of any of the facilities, structures and property, within the jurisdiction of said Commission.
b. 
To provide for the maintenance, operation, use, management, regulation, control and supervision of wharves, piers, bulkheads, breakwaters, jetties, docks, slips, basins, docking facilities, and harbor owned by the Borough of Belmar along the Shark River; regulate, fix and establish bulkhead and pierhead lines and the distances between piers on said waterfront, subject to the regulations of the United States and of this State, and make or cause to be made soundings, surveys and plans therefor and to keep records thereof.
c. 
To adopt and promulgate rules and regulations for the use of the harbor, waterfront, land and all properties, structures, piers, bulkheads, breakwaters and jetties located upon lands owned by the Borough along the Shark River.
d. 
To regulate the service and fix the rate to be charged for wharfage, dockage, slip rentals, fuel and the use of all facilities and services within said harbor, waterfront, and property located upon said land owned by the Borough along the Shark River.
e. 
To engage such employees as it may deem necessary, in accordance with the procedures of the Department of Personnel. Salaries shall be as set forth by ordinance adopted from time to time by the Mayor and Borough Council.
f. 
To enter into a lease or leases with individuals, partnerships, associations, organizations or corporations for the conduct of any concession or retail or wholesale business and also enter into contractual arrangements for the lease or transfer of any property.
[Ord. No. 2001-11]
The use of the bathing and marine recreation area on the Shark River commonly known as the L Street Beach, where Route 35 and L Street meet, shall be governed by the rules and regulations applicable to the beachfront and marine portions of the Borough as set forth in Chapter 18 of the Belmar Revised General Ordinances, as those sections may be revised from time-to-time. The use of the L Street Beach shall also be subject to the following rules and regulations:
a. 
No person shall dig holes for the purposes of: collecting bait, clamming or the gathering of any marine flora or fauna from a point delineated by the mean high water mark to 10 feet into the river past the mean low water mark.