Borough of Sea Girt, NJ Article V Beachfront Utility

§ 2-40 SEA GIRT BEACHFRONT UTILITY.

§ 2-40.1 Findings.

[Ord. No. 612, Preamble]

The Borough of Sea Girt is a municipality which owns lands bordering the Atlantic Ocean used as a place of resort for health, recreation and other public purposes. N.J.S.A. 40:61-22.20 gives to this municipality the exclusive control, government and care thereof and of any boardwalk and related facilities and authorizes the municipality in order to provide funds to improve, maintain and police the same and to protect the same from erosion, encroachment and damage by sea or otherwise, and to provide facilities for safeguards for public bathing and recreation, including the employment of lifeguards and may by ordinance, make and enforce rules and regulations for the government, use, maintenance and policing thereof and provide for the charging and collecting of reasonable fees for the registration of persons using said lands and bathing facilities, for access to the beach and bathing and recreational ground so provided and for the use of the bathing and recreational facilities. It is the judgment and determination of the Governing Body that a Beach Utility whose revenues and appropriations are kept separate and apart from the local municipal budget is the proper method to be used in reflecting in an accurate manner the conduct and cost of beach and beach-related activities.

§ 2-40.2 Establishment of a Beachfront Utility.

[Ord. No. 612 § 1]

a. The Sea Girt Beachfront Utility is hereby created and established for the regulation and control of all beachfront operations to accomplish the purpose set forth in N.J.S.A. 40:61-22.20.

b. The beach utility shall commence as of January 1, 1989 and the same shall be retroactive to that date.

§ 2-40.3 Membership and Powers.

[Ord. No. 612 § 2]

The membership of the Sea Girt Beachfront Utility shall consist of the Mayor and Borough Council who shall have the power:

a. To promulgate regulations for the use of the Sea Girt beachfront and boardwalk.

b. To establish and collect fees for the use of the beachfront.

c. To improve, maintain and provide for policing of the beachfront.

d. To protect the beachfront from erosion, encroachment and damage by sea or otherwise.

e. To provide facilities and safeguards for public bathing and recreation.

f. To employ a Beach Manager and such other persons as are required.

g. To maintain and operate restaurant and toilet facilities at the beachfront.

h. To do all other acts necessary for safe, clean maintenance and operation of the beachfront, boardwalk and related facilities.

i. And all other powers provided by law.

§ 2-40.4 Budget and Accounting.

[Ord. No. 612 § 3]

a. The Borough hereby dedicates all revenues derived from sale of beach badges, operation of any beachfront concessions or bath houses to liquidate all sums that may be borrowed in connection with the beachfront operation after payment of all expenses directly and indirectly chargeable to the operation, maintenance and support of the beachfront utility. All income and expenses shall be kept separate and apart from the local municipal budget and shall be collected in a separate beachfront utility fund for the purposes of this ordinance as provided in N.J.S.A. 40A:4-33, et seq.

b. The Borough Officers and employees are directed and empowered to adopt accounting procedures consistent with this section and the aforesaid statutes in the creation of the Beach Utility.

c. All matters with respect to the operation and conduct of the "Beach Utility" not determined by this section shall be determined by resolutions to be hereafter adopted.