[Prior code § 6-1]
The regulations set forth in this chapter shall apply to the beach and any bay areas of the Borough, which areas are designated as protected bathing areas and defined and declared to be as follows:
A. 
All of those areas of land along the oceanfront and bay front owned by the Borough;
B. 
All of those areas of land along the oceanfront and bay front in which the Borough controls the use by easement deed or deeds;
C. 
All other areas set apart by consent of owners where protected bathing areas have been and are established;
D. 
Public street ends on the bay front or oceanfront.
[Prior code § 6-2]
A. 
Public disrobing.
1. 
No person shall change clothes, dress, undress or disrobe except for outer wraps, or expose himself or herself in an indecent manner in any beach or bay area or public place in the Borough.
2. 
No person shall at any time undress, change his or her clothes or don beach or wearing apparel in any public place or street, or 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.
B. 
Suitable attire. No person over the age of 12 years shall appear in public, on the beach or elsewhere in the Borough, unless suitably clad.
[Prior code § 6-3]
A. 
Supervision. Lifeguards employed by the Borough shall have full police power and full charge and supervision of the bathing and swimming at the respective beaches where they are stationed.
B. 
Safety zones. No person shall swim or bathe beyond a safe depth in the ocean, such safe depths to be indicated, determined or regulated by Borough lifeguards.
C. 
Warning signals. No person shall disobey or disregard any order, direction, whistle or other signal used by any Borough lifeguard or police officer in the exercise of his or her official duties in beach and bay areas.
D. 
Protected areas. No person shall bathe or swim within the boundaries of the ocean or bay waters of the Borough, except at certain protected and established bathing beaches where lifeguards, ropes, boats or other protective devices are provided.
[Prior code § 6-4; Ord. 76-7 § 1, 1976; Ord. No. 2016-15, § 1, 6-28-2016; Ord. No. 2024-21C, 9-24-2024]
A. 
Bonfires. No bonfire or any other type of open-air fire is permitted on any beach or bay areas, and open burning of any kind is prohibited on public property, including beaches, beach paths, streets, sidewalks, and public recreation areas.
B. 
Sleeping. No person shall sleep on the beach in any beach or bay area in the Borough during any time between sunset, local time prevailing, and 8:00 a.m., local time prevailing.
C. 
Sports. No person shall throw, bat or catch a baseball, football, basketball or softball or engage in the playing of any game endangering the health or safety of others in protected beach and supervised bathing areas in the Borough. This subsection shall not apply to the playing of beach tennis or reasonable playing "at catch" with a soft rubber or beach ball.
D. 
Broken glass and debris. No person shall leave any broken glass bottles, crockery or sharp or pointed article or thing on the sand or beach area of the Borough. All such matter, together with paper, refuse or debris of any kind shall be placed in receptacles provided street ends, and no unauthorized person shall move any trash cans from any street in the Borough to any place on the beach.
[Prior code § 6-5; amended by Ord. No. 2015-11, § 1, 4-28-2015; Ord. No. 2016-26, § 1, 11-22-2016]
No animal pets, whether leashed, harnessed or otherwise controlled, shall be allowed upon any public beach at any place within the limits of the Borough from the first day of May through the first day of October of any year. Notwithstanding, however, no animal pets, whether leashed, harnessed or otherwise controlled, shall be allowed upon any portion of the bay bathing beach area which includes the bayfront area designated for swimming and bathing between the 13th Street lagoon bulkhead and 16th Street at any time. This shall also include the children's playground at 16th Street and the children's playground at the 10th Street Waterfront Park. Any person who knowingly brings upon the beach, allows or permits any animal pet to go upon the public beaches of the Borough during the prohibited period of May 1st through October 1st or upon the bay bathing beach area or the children's playgrounds at any time, shall be subject to the fines and penalties as set forth in this chapter.
[Prior code § 6-7; Ord. 70-2 § 1, 1970; Ord. 71-2 § 1, 1971; Ord. 77-4 § 1, 1977; Ord. 80-2 § 1, 1980; Ord. 85-6 § 1, 1985; Ord. 86-6 § 1, 1986; Ord. 87-3 §§ 1, 2, 1987; Ord. 88-16 § 1, 1988; Ord. 90-6 §§ 2, 3, 1990; Ord. 91-8 § 1, 1991; Ord. 92-2 § 1, 1992; Ord. 94-7 § 1, 1994; Ord. 95-8 § 1, 1995; Ord. 96-2 § 1, 1996; Ord. 98-3 § 1, 1998; Ord. 99-8 § 1, 1999; Ord. 99-17 § 3, 1999; Ord. 2000-1 § 1, 2000; Ord. 2003-4 § 1, 2003; Ord. 2005-8 §§ 1 — 3, 2005; Ord. 2006-5 § 1, 2006; Ord. 2007-05 §§ 1 — 4, 2007; Ord. No. 2010-20, § 1, 11-23-2010; Ord. No. 2011-07, § 1, 7-26-2011; Ord. No. 2015-11, § 2, 4-28-2015; Ord. No. 2016-12, § 1, 5-24-2016; Ord. No. 2016-15, §§ 2 — 5, 7, 6-28-2016; Ord. No. 2016-25, § 1, 11-22-2016; Ord. No. 2018-13, §§ 1, 2, 11-27-2018; Ord. No. 2019-07, 4-23-2019; Ord. No. 2024-08, 3-26-2024; Ord. No. 2024-23, 10-22-2024]
A. 
Finding.
1. 
The cost of maintaining the public bathing beaches within the Borough has greatly increased due to the unprecedented increase in the number of persons using the public beaches;
2. 
It is the considered opinion of the Mayor and Council of the Borough that the cost of maintaining such beaches in a clean, healthy and safe manner should be borne by those desiring to use the beaches;
3. 
The Mayor and Council of the Borough adopt the following provisions.
B. 
Paid beaches established. Places of resort, beaches, bathing and recreational facilities, safeguards and equipment, are established in the Borough for the public health, recreation and entertainment. Such places of resort shall be located at the oceanfront upon all of the lands owned by the Borough fronting on the Atlantic Ocean, together with the lands east of and adjacent to such lands in the Borough wherein the Borough has ownership, easement rights or the right to use and occupy such lands, and all the lands owned by the Borough fronting on Barnegat Bay.
C. 
Beachfront improved. The Borough shall acquire, construct, use and maintain such beaches, bathing and recreational facilities, safeguards and equipment as shall be necessary for the proper establishment and maintenance of such places of resort. The Borough shall have the right and authority to purchase, rent or otherwise acquire lifeboats, ropes, poles and other safeguards and equipment for recreation, protection and safeguard of those persons utilizing the places of resort.
D. 
Control of beaches.
1. 
The Borough may engage, hire and pay lifeguards for the maintenance of places of resort.
2. 
The Borough shall have the right to police places of resort; and to hire, engage and pay police officers for their policing.
3. 
The Borough reserves the right to establish, change or abolish the precise location of any one or more bathing beaches referred to above from time to time by resolution or order as safety and attending circumstances shall require.
4. 
The Borough Council shall have the right to determine by resolution or order the period during each year when each of the paid bathing beaches shall be opened and closed.
E. 
Beach fees. In order to provide the necessary funds to improve, maintain and police the beaches, including the employment of lifeguards and the purchase of necessary equipment for the protection and safeguard of bathers, the following fees shall be charged for such facilities annually.
1. 
No fees shall be charged to or collected from any child under the age of 12 years.
2. 
No fees shall be charged to or collected from any individual while attired in street clothing upon the beach.
3. 
No fees shall be charged to or collected from 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, or 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 basic military training, for members of the New Jersey Air National Guard, and basic combat training and advanced individual training, for members of the New Jersey Army National Guard or 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. Veteran eligibility under this subsection shall be in accordance with the rules and regulations promulgated by the Adjutant General of the New Jersey Department of Military and Veterans' Affairs.
4. 
$40 per person, per season, provided that application is made to the proper authorities prior to June 1; $50 per person, per season, in the event that applications are made to the proper authorities on or after June 1.
5. 
$25 per person, per week, for any week or fractional part thereof of the bathing season. For the purpose of this subsection, a "week" shall be from Saturday through Friday.
6. 
All senior citizens (65 years of age and older) may obtain a seasonal badge for $10. No mail orders will be accepted.
7. 
$10 per person, per day, for any day or part thereof, Monday through Sunday, during the bathing season.
8. 
The fee for the sale of expired beach badges shall be $2 each.
F. 
Badge required. No person over the age of 12 years shall bathe at or otherwise use the lands, facilities or privileges of any Borough bathing beaches without having first acquired and then having in his or her possession a proper and effective badge, license or permit to use the beaches.
G. 
Transfer prohibited. No privilege, right, badge, ticket or other evidence of right to use the beaches, issued or to be issued upon the payment of any of the fees provided for in this section, shall be sold, rented or in any other way set over to another person for a fee, by the person to whom the same is issued.
H. 
Regulations. No person shall do any of the following things at or upon the places of resort:
1. 
Throw, drop or pass out any wastepaper, garbage or other refuse or sell any food, drink or confection on any beach;
2. 
In any way litter, make unsightly, damage, destroy or disfigure any beach or any public or private property at such beach;
3. 
Use loud, profane or indecent language;
4. 
Play ball or any other game, engage in any activity which will endanger another person or interfere with the enjoyment of the quiet use of places of resort by another person;
5. 
Ride or operate a surfboard in any area of the beaches not designated for that purpose. The Borough Council, by and through its beach committee acting as its agent and representative, shall designate areas of the beaches for the use of those persons desiring to engage in surfing. In these areas, no bathing or fishing shall be permitted while the areas are being used for surfing. The use of the designated surfing areas shall be subject to the control and supervision of the beach committee. The committee may, from time to time, change the location of the surfing areas, designate the hours of use of these areas and adopt such other regulations for the management of such areas as the public welfare may require. Any area designated for surfing purposes shall be so posted;
6. 
Conduct or engage in any beach party, picnic or similar outing, or take any intoxicating liquor upon the places of resort;
7. 
Go into the water at any beach when it is unsafe to do so, when directed by any lifeguard to stay out of the water, or when intoxicated;
8. 
Remain in the water at any beach when it is unsafe to do so, when directed by any lifeguard to come from the water or when intoxicated;
9. 
Molest or disturb any person in the peaceful enjoyment of place of resort;
10. 
Do anything which shall endanger the life or safety of himself, herself or any other person;
11. 
Go out in the water at any beach farther than directed to by any lifeguard or in violation of any reasonable order of the lifeguard when the safety of any bather is or may be endangered by going in the water;
12. 
Interfere with or obstruct any police officer or lifeguard in the performance of his or her duties;
13. 
Operate a beach buggy or other motor vehicle, with the exception of authorized Borough vehicles, on any beach during the time and hours when beaches are open for bathers;
14. 
Surf fish, fish or crab in any area of the beaches not designated for that purpose. The Borough Council, by and through its beach committee, shall designate areas of the beaches for the use of those persons desiring to engage in surf fishing or crabbing. In these areas, no bathing shall be permitted when the areas are being used for surf fishing or crabbing. The use of the designated surf fishing and crabbing areas shall be subject to the control and supervision of the beach committee. The beach committee may from time to time change the location of surf fishing and crabbing areas, designate the hours and use of the areas and adopt such other regulations for the management of the areas as the public welfare may require. Any area designated for surf fishing and crabbing purposes shall be so posted.
I. 
Hours. Places of resort shall be kept open during the usual bathing season in the Borough, which bathing season is generally from the last Saturday in June to and including the Sunday after labor day, or as modified as necessary by resolution of the governing body of the Borough of Ship Bottom in accordance with Subsection D4 of this section. The hours when beaches shall be open are from 10:00 a.m. to 5:00 p.m., prevailing time, except during inclement weather or order of the Borough of Ship Bottom by reason of public health, safety or welfare.
J. 
Launching of motorized boats or vessels from oceanfront beaches prohibited. No person shall launch or cause to be launched any motorized boat or vessel, including but not limited to jet skis, into the waters of the Atlantic Ocean from the oceanfront beaches, public bay area or Barnegat Bay, including street end, are prohibited (except where designated) located within the Borough at any time between May 1 and September 30, inclusive. This restriction shall not apply however, to any boats, vessels or other seaworthy craft launched for the purpose of water safety and/or rescue operations.
K. 
It shall be unlawful for any commercial establishment, business or for-profit entity to launch any non-motorized watercraft, vessel or other means of non-motorized water conveyance, including but not limited to kayaks, canoes, waterboards and paddleboards, from any area of the bayfront within the Borough, except between 9th Street and 12th Street and without having first paid a fee of $5 per nonmotorized watercraft, vessel or other means of nonmotorized water conveyance.
[Prior code § 6-8; amended by Ord. 75-5 §§ 1, 2, 1975; Ord. 84-5 § 2, 1984; Ord. 89-11 § 1, 1989; Ord. 91-11 § 1, 1991; Ord. 94-9 § 1, 1994; Ord. 95-9 § 1, 1995; Ord. 98-3 §§ 1 — 3, 1998; Ord. 2006-6 § 1, 2006 Ord. No. 2012-06, § 1, 5-22-2012; Ord. No. 2015-11, § 3, 4-28-2015; Ord. No. 2016-15, § 6, 6-28-2016; Ord. No. 2018-13, § 3, 11-27-2018]
A. 
Preamble.
1. 
The Borough is the owner of premises situated on Barnegat Bay between 9th Street and 12th Street, and there is erected a boat ramp upon the premises,; and because of the large number of persons who will use the facilities of the boat ramp, it is necessary to establish rules and regulations to properly control such use;
2. 
It is anticipated that unless the boat trailers and the cars pulling the boat trailers are properly taken care of it would cause congestion to the extent that the full use of the facilities could not be maintained; and
3. 
It is the opinion of the Mayor and Council that the trailers and the cars pulling the trailers may be ordered to remove from the boat ramp if, in the opinion of the harbor master or other person in charge at the time, it is felt that to permit any further parking of cars and boat trailers would seriously hamper the operation of the boat ramp, the following provisions are for the regulation and operation of the boat ramp.
B. 
Permit fees. No person shall use the property hereinafter described between 9th Street and 12th Street in the boat ramp area unless and until they have paid the required fee to the harbor master for a daily (put vessel in and take out), a one-way (either the ingress or egress of the vessel), or seasonal boat pass. Daily, one-way, or seasonal passes may be purchased from the harbor master.
The fee schedule is as follows:
Vessel
Fee
Daily (put in and take out same day)
$25
One-way (either put in or take out)
$25
Seasonal
$75 per vessel
Seasonal decals shall be displayed on the port side of the vessel beneath the state registration number.
For the purposes of this section, the term "vessel" includes jet skis or personal watercraft.
C. 
Harbor master. The harbor master or other person in charge shall have complete control of the parking situation. If the harbor master or other person in control instructs the owner or custodian of any vehicle on the ramp premises to move the vehicle, it shall be moved immediately. If not removed upon the order of the harbor master or other person in charge, the vehicle may be ordered removed by the harbor master and/or by the police of the Borough. Vehicles will be towed away at the owner's expense. No overnight parking of vehicles or trailers shall be permitted unless authorized by the harbor master.
D. 
Rules and regulations. All persons using the ramp area shall comply with any and all rules and regulations as may be promulgated by resolution of the mayor and council of the Borough.
E. 
Registration. No vessel shall be launched from the Borough municipal boat ramp without having first registered the vessel in accordance with applicable state regulations. Applications for seasonal permits shall be available at the Borough Hall or at the dockmaster's and shall require the name of the vessel owner; permanent address and phone number; summer address and phone number; trailer license number and state of registry regarding commercial vessels; manufacturer and year of manufacture, length and hull identification number, registration number and state of registry on noncommercial vessels.
F. 
Parking. Parking of vehicles shall be restricted for use of the boat ramp and municipal facilities only. All unauthorized vehicles shall be subject to being towed away at the owner's expense.
[Added 7-23-2019 by Ord. No. 2019-17]
[Ord. 2001-10 § 1, 2001; amended by Ord. 2006-4 § 1, 2006]
In order to provide the necessary funds to administer the annual classic car show, including trophies and the purchase of other items, an entry fee of $15 shall be charged to all vehicles registering in the car show.
[Ord. 2006-26 § 1, 2006]
Unless otherwise authorized by this chapter, no person shall use the beach and bay area for any private use or event not sponsored by the Borough without first having obtained a permit from the office of the Borough Clerk. For the purposes of this section, "person" means an individual, partnership, corporation, cooperative association, organization, or any other legal entity. In order to provide for the reimbursement of expenses incurred by the Borough in connection with the use of the beach and bay area for non-Borough-sponsored events, all persons shall pay to the Borough such fees as established by resolution of the Borough for use of the beach and bay area. Such fees shall include the anticipated expenses incurred by the Borough in connection with the private use of the beach and bay area, including but not limited to the attendance of an events coordinator, public works employee, cleaning of restrooms, off duty police officers and garbage removal.
[Ord. No. 2012-04, § 1, 5-22-2012]
There is hereby established a lifeguard in training program, which shall be open to applicants between the ages of 10 years and 15 years on a limited basis and in accordance with the regulations and requirements established by the Borough. Admission into the program shall be by application submitted on such form(s) as approved by the Borough for said purposes together with the payment of such fees as established by resolution of the Borough for said purpose.
[Ord. 2001-15 § 1, 2001]
All street ends are designated as noncommercial kayak launching areas. On the ocean side, kayaks may be launched only in areas designated by the lifeguards when beaches are guarded, or at owner's risk after guarded hours.
[Ord. 2003-9 § 1, 2003; amended by Ord. 2006-28 § 1, 2006]
A. 
Definitions. "Vessel" means any device or conveyance on the water, whether propelled by motor, wind or human power. The term includes, but is not limited to, any boat, yacht, cruiser, canoe, raft or other watercraft.
B. 
Mooring of vessels prohibited. Notwithstanding any provision to the contrary it is unlawful for any person to moor or cause to be moored any vessel of any kind, sort or description to any Borough-owned dock, pier, breakwater or bulkhead in the following designated areas.
1. 
Fishing pier located at Tenth Street and Shore Avenue.
2. 
Twenty Fifth Street Pavilion.
Notwithstanding any provision to the contrary, it is unlawful for any person to moor or cause to be moored any vessel of any kind in the waterways of the Borough of Ship Bottom adjacent to the shoreline beginning at a point from the south side of Twelfth Street and extending southward to the south side of Sixteenth Street and to a distance of 130 feet from the shoreline.
C. 
Rebuttable presumption. There shall be a rebuttable presumption that any boat or vessel moored in contravention of Subsection B of this section was created by the owner of the vessel.
D. 
Removal of vessel. Any vessel moored in contravention of Subsection B of this section may be ordered to be towed by the Ship Bottom police or their designee, or the State Police, and shall be the responsibility of the owner of the vessel to pay all charges, including but not limited to towing or storage charges, prior to the release of the vessel.
[Added 8-24-2021 by Ord. No. 2021-15]
It shall be unlawful for any owner or operator of a vessel as defined in § 12.12.120A, to board or discharge passengers at any Borough-owned dock, pier, breakwater, bulkhead or shoreline beginning at a point from southside of Ninth Street and extending southward to the southside of Sixteenth Street except when launching or retrieving a vessel in accordance with the provisions of this chapter.
[Ord. No. 2015-11, § 5, 4-28-2015]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not more than $500 or by imprisonment for a term not to exceed 90 days, or both such fine and imprisonment, in the discretion of the court.