[1]
Editor's Note: Previous source history includes Ordinance
Nos. 684, 893 and 11-2009.
[Ord. No. 17-2010 § 1]
This section is applicable to the area of public beaches and
dunes within the Borough of Sea Girt, including all intertidal areas
and the waters adjacent thereto. The provisions set forth herein shall
apply to all parts of the public beaches and dunes, including all
intertidal areas and the waters adjacent thereto, notwithstanding
a specific reference to the terms "beach", "beachfront", "dune" or
"waters adjacent thereto."
[Ord. No. 17-2010 § 2;
New; Ord. No. 07-2013; Ord. No. 10-2014 § 1; Ord. No. 10-2018]
The following rules and regulations are hereby established:
a.
Beach Season; Bathing Beaches; Lifeguards; Hours. Sea Girt's beach
season is from Memorial Day weekend and weekends thereafter, and then
daily from late June through Labor Day. Bathing beaches are designated
by the Borough and published in beach regulations for the current
season and/or designated by signs or flags. Lifeguards are on duty
at Borough designated bathing beaches during the beach season from
9:15 a.m. to 4:45 p.m. but may stay on duty to 6:00 p.m. at certain
bathing beaches on weekends or holidays. During the beach season when
lifeguards are on duty, all bathing is restricted to lifeguard protected
waters from bathing beaches. During the beach season when lifeguards
are on duty, no person shall bathe in waters off Sea Girt's beachfront
except from lifeguard protected bathing beaches.
b.
Bathing Prohibited During Certain Hours. At all other times, bathing
in waters off Sea Girt's beachfront is strongly discouraged as unsafe
and is at the bather's own risk. At all times, all bathing in waters
off Sea Girt's beaches is prohibited when the beach is closed for
health or safety reasons. No person shall bathe in waters off Sea
Girt's beachfront when the beach is closed for health or safety reasons.
c.
Tampering with Beach Equipment Prohibited. No person shall use or
tamper with any boat or lifeguard equipment without the permission
of the Beach Manager, the Chief of the lifeguards or the Borough Administrator.
d.
Dangerous Conditions; Swimming Prohibited. Lifeguards shall be maintained
on duty at the protected bathing beaches during bathing hours as established
in paragraph a above except at such times when bathing or swimming
shall be deemed dangerous or hazardous by the Beach Manager, the lifeguard
in charge of the beach or the Chief of the lifeguards. When such dangerous
conditions exist, a sign or red flag shall be displayed indicating
that the beach is closed to bathing or swimming and no person shall
bathe or swim in said waters adjacent to the beach, whether protected
or not, at any time until the signs or flags are removed. No person
shall bathe or swim in said waters adjacent to the beach at night
or during the hours of darkness.
e.
Charge, Control and Supervision of Beach. Lifeguards shall have charge,
control and supervision of the bathing, swimming and surfing at the
respective designated beaches and generally on all the beaches and
beachfront of the Borough and in the waters adjoining the same. Nothing
herein shall be construed to limit the authority of the Borough Police
Department or any other law enforcement agency to enforce the laws
of the state or ordinances of the Borough on all the beaches and beachfront
of the Borough and in the waters adjoining the same. Failure to obey,
or disregard of the oral or visual command, whistle or signal, or
the directive of a lifeguard or law enforcement officer not to enter
the beaches, beachfront or waters adjoining the same, not to surf
in the waters, not to swim or bathe beyond the designated swimming
or bathing areas or in waters deemed hazardous or dangerous by the
lifeguard, not to leave the waters or the beach or beachfront with
or without paraphernalia or equipment, whether swimming, bathing,
surfing or being thereon, as the case may be, shall constitute a violation
of this section. The Borough shall provide beach patrols consisting
of regular and/or special law enforcement officers.
f.
Information to be Supplied as Requested. All persons purchasing a
beach badge or season bath house, or other privilege as may be designated
and described by the Mayor and Council, from time to time, by ordinance
or resolution shall furnish their names and addresses and all other
information as may be required and requested to the Beach Manager
or his representative.
g.
Beach Badge Required; Display. Except for children under the age
of 12, and any other person or group of persons so designated by authorized
resolution or ordinance of the Borough Council, all persons, before
entering the beachfront, bathing beaches and waters adjacent thereto
for any purpose whatsoever shall purchase a badge, check or other
insignia as designated and described by Mayor and Council, and shall
wear it attached in a prominent place on their clothing during the
times covered by this section and shall show it to the gatekeeper,
Beach Manager, their representative and agents, and to any law enforcement
officer upon request.
h.
Fees for Badges.
[Amended 2-26-2020 by Ord. No. 02-2020]
|
Type
|
Fee
|
|---|---|
|
Season badge
|
$110
|
|
Daily badge
|
$11
|
|
Senior season badge
|
$65
|
|
Daily badge coupon book (10 coupons)*
|
$100
|
|
*
|
With purchase of adult or senior season badge convenience fee
added to all credit card transactions equal to 3% of transaction cost.
|
i.
Registrar of Badges. The Mayor and Council are hereby authorized
to employ a registrar and such other employees as may be necessary
to carry out the provisions of this section, and to purchase such
books, stationery, badges, checks or other insignia and such other
supplies as may be necessary.
j.
Bath Houses. The fee for bathhouses shall be set at $1,250 for the
season and includes five adult season badges. Convenience fee added
to all credit card transactions equal to 3% of transaction cost. Persons
renting bath houses shall obey all the provisions of this section
and exhibit their badge, check or insignia, as required by paragraph
g above.
[Amended 2-26-2020 by Ord. No. 02-2020]
k.
Cancellation of Privileges. The Mayor and Council reserve the right
to cancel any privilege granted or extended to any person who shall
violate any of the provisions of this section.
l.
Operation of Motorized Vehicles Restricted to Borough Personnel.
No person other than authorized Borough employees and emergency personnel
shall operate a beach buggy, snowmobile, moped, motorcycle or motor
propelled vehicle of any kind, size or description on the beach, dunes
or boardwalk.
m.
Operation of Bicycles on Boardwalk.
[Amended 8-9-2023 by Ord. No. 08-2023]
1.
No person
shall ride or have custody or control of a bicycle on the boardwalk
except between the hours of 5:00 a.m. and 10:00 a.m. from May 15 to
September 15. Bicycles are permitted on the boardwalk from September
16 through May 14.
2.
No person
shall use, operate or ride upon any electric powered or assisted bicycle
or scooter, or gas-powered or assisted bicycle or scooter on the boardwalk
at any time, with the exception of motorized personal mobility transportation
devices used by persons with mobility challenges or disability.
n.
Animals on Beach Restricted. It shall be unlawful for the owner or
a person having custody or control of any animal other than a dog
as set forth herein to permit or suffer it to be upon the beach at
any time of the day or year, whether ridden, tethered, attended or
otherwise.
o.
Control of Dogs; Dogs Restricted During Certain Times.
[Amended 5-12-2021 by Ord. No. 03-2021]
1.
Dogs are
prohibited on the beach from May 15 to September 30 in the Protected
Zone and Precautionary Zone.
(a)
Protected
Zone. "North Beach" from the municipal boundary with the Borough of
Spring Lake south to the northern side of the Beacon Boulevard jetty
(approximately 0.1 mile). This zone will be managed to promote the
protection and recovery of listed species and the enhancement of their
habitat.
(b)
Precautionary
Zone. "Pavilion Beach" from the northern side of Beacon Boulevard
jetty south to the southerly curbline of Beacon Boulevard (approximately
0.05 mile). This zone will be managed to promote the protection and
recovery of listed species only upon notification of a plover nest
in the Protected Zone, at which time restrictions will be placed on
mechanical raking. Restrictions on vehicle use will only occur upon
notification of a plover nest hatching. These restrictions would remain
in effect until the fledging or mortality of all plover chicks.
2.
The Borough
will allow leashed dogs on the beach in the Recreational Zone from
October 1 through May 15, inclusive. In the event that birds are nesting
or chicks are present, the Borough will temporarily revoke the permission.
The Borough Code will be amended to reflect this change.
3.
During
other periods of the year when dogs are permitted on the beach, the
owner or a person having custody or control of a dog must accompany
it on the beach and the dog must be securely confined and controlled
by an adequate leash or chain not more than six feet in length. At
no time may a dog be left unattended or be tied to or otherwise secured
to any fixture, post or any part of the boardwalk.
p.
Sleeping on Beach. No person shall sleep on the beach between the
hours of 6:00 p.m. and 9:00 a.m.
q.
Entering Upon Jetties Prohibited. Persons, including fishermen, are
prohibited from going on jetties during bathing hours.
r.
Private Storage Boxes. The placing of private storage boxes on the
beach or under the boardwalk is prohibited.
s.
Consumption of Food; Beach Parties; Permits; Fee. Consumption of
food on the beach, except in areas located near the boardwalk and
designated by official Borough signage, is prohibited. One picnic
party may be held in an area as designated by the Borough on Wednesdays
from 6:00 p.m. to 9:00 p.m. during the period from May 15 to September
15. In the event of cancellation due to inclement weather the picnic
party originally permitted and scheduled for a Wednesday may be postponed
once, only, to the following Thursday. Anyone wishing to hold a picnic
party shall first obtain a permit from the Sea Girt Police Department
after making written application 15 days prior to the date desired.
Applications for permits to hold picnic parties on the same day will
be decided on a first come first served basis. Applications for permits
shall be accompanied by a $50 deposit which shall be refunded subject
to any Borough expense for damage and clean-up as a result of the
picnic party.
t.
Alcoholic Beverages. Only non-alcoholic beverages in non-disposable
containers are permitted on the beach. Possession and consumption
of alcoholic beverages is prohibited at all times.
u.
Launching of Boats; Jet Skis. Boats may not be launched or beached
on the North Beach during bathing hours during the period of 15 March
- 31 August of each year, without advance approval by the Administrator.
Motorized boats or motorized personal motor craft known by such registered
trade names as jet ski, skidoo and wave runner, et al, may not be
launched or beached on the beachfront, nor may they be operated within
300 feet of the beach or a bathing area during the period of 15 March
- 31 August of each year.
v.
Surfing and Surfboards. Surfboard riding is restricted on North Beach
during the protected shorebird breeding season of March 15 to the
earlier of 1) notification by the NJ Division of Fish and Wildlife
to the Sea Girt Borough Administrator of completion of the breeding
season of for protected shorebird species; 2) removal of any symbolic
fence by NJ Division of Fish and Wildlife; or 3) August 31. Surfboard
riding at all other times is restricted during bathing hours to 1)
the area between the Philadelphia Boulevard jetty and the New York
Boulevard jetty. Surfboards may not be stored or left unattended on
the boardwalk.
w.
During those periods of time when games and activities are not restricted in accordance with subsection 9-1.3 a, 1 below, no person shall engage in any type of ball playing, kite flying or throwing of a frisbee on the beachfront or in the water adjacent thereto during bathing hours, provided, however, that volleyball shall be permitted on volleyball courts with the permission of the Borough and at such locations designated from time to time by resolution of the Borough Council.
x.
Fireworks. During those periods of time when conducting, authorizing or sanctioning the use of fireworks within 0.75 miles of any public beach or dune are not prohibited in accordance with subsection 9-1.3 below, nothing herein shall preclude the fireworks displays approved by the Borough in accordance with all applicable laws.
y.
Entering Fenced Areas Prohibited; Exception for Emergency Personnel.
No person may enter into a fenced protected shorebird species nesting
area or a seabeach amaranth fenced area except under the supervision
or direction of the NJ Division of Fish and Wildlife, except that
Borough employees or other emergency personnel may enter such areas
in the case of an emergency constituting an imminent or immediate
risk to human life, health or safety.
z.
With the exception of subsection 9-1.3 below, the Mayor and Council are hereby authorized and empowered to adopt rules and regulations on an annual or more frequent basis concerning classes of badges, checks or insignia, fees, beach capacity and such other rules and regulations as may be necessary for the proper control and regulation of the boardwalk, beachfront, bathing beaches and waters adjacent thereto as well as for the protection of protected shorebird species and sea beach amaranth, and any person violating such rules or regulations shall be subject to the same penalties as are hereinafter provided for violation of the provisions of subsection 9-1.3. With the exception of subsection 9-1.3, 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 boardwalk, beachfront, bathing beaches and waters adjacent thereto in order to permit or facilitate special events, activities, promotions or programs authorized by resolution of the Borough Council. Any adoption of rules and regulations or the suspension, modification or supplementation of subsection 9-1.3 must be made by way of duly enacted ordinance.
aa.
No person shall smoke a cigar, cigarette, pipe, cannabis, cannabis
related product or synthetic cannabis, or otherwise use tobacco products
on the beachfront, boardwalk, beach, or boardwalk access pathway at
any time.
[Amended 5-12-2021 by Ord. No. 05-2021]
bb.
No tents or canopies are permitted, only umbrellas with one central
stanchion and a top no larger than six feet across to provide shade
whether upright or at a 90° position. Devices designed or used
to shade infants, no larger than 40 inches high by 40 inches wide
by 40 inches deep are permitted for infant use only.
[Ord. No. 17-2010 § 3]
a.
The following activities within the Borough of Sea Girt upon any
area of public beaches and dunes including all intertidal areas from
the Spring Lake border south to the northern boundary of the National
Guard Training Center are either prohibited or restricted for the
protection of shorebird species (i.e., piping plover, least terns,
and American oystercatchers) as set forth and specified below from
March 15 to the earlier of 1) notification by the NJ Division of Fish
and Wildlife to the Sea Girt Borough Administrator of completion of
the breeding season for protected shorebird species; 2) removal of
any symbolic fence by NJ Division of Fish and Wildlife; or 3) August
31, such termination of said restrictions or prohibitions to become
effective upon the posting of official Borough notices on or about
the beach area and on the Borough's website, as follows:
1.
Games/activities, both formal event and informal play, involving
the throwing, hitting, launching or active use of any object, including
but not limited to toys, projectiles, frisbees, paddle balls, footballs
and balls of any type are prohibited on the North Beach, Pavilion
Beach, and beach from the Southern end of Seaside Place south to the
National Guard Training Center. The North Beach and Pavilion Beach
are hereafter described and depicted in Exhibits A and B, attached
hereto and incorporated by reference. (Exhibits may be found in the
Borough Offices.)
(a)
In areas not restricted as to games and activities, ball playing
may be permitted as follows:
(1)
With the use of a "soft-ball," defined herein as a ball with
no hard cover. Baseballs, lacrosse balls, and softballs as used in
the sport known as softball are prohibited at all times; and
(2)
At such location designated by posted sign or verbal approval
of the Borough Administrator, Beach Manager or Chief Lifeguard, such
location not to impact on or interfere with the use and enjoyment
of the beach by other persons, threatened or endangered species areas
or habitat or beach access points.
(3)
The Borough Administrator, Beach Manager or Chief Lifeguard
each retain the discretion to stop or otherwise prohibit ball playing
at any time notwithstanding compliance with the above sections of
this provision.
2.
Launching, staging, flying or landing of all kites, including surf
kites are prohibited in all areas;
3.
Picnic parties are prohibited on all beaches except in areas located near the boardwalk designated by official Borough signage. Any picnic party within the designated area must be approved in accordance with subsection 9-1.2, paragraph s., above. There will be no picnic parties on the North Beach.
4.
Overnight private structures or storage of private property on all
public beaches and dunes are prohibited excluding lifeguard stands
that may remain on the beach, lifeguard stand no. 00 closest to North
Beach being required to be laid on its side overnight;
5.
Conducting, authorizing or sanctioning the use of fireworks within
0.75 miles of any public beach or dune is prohibited;
6.
Conducting, authorizing or sanctioning any organized events designed,
or with a reasonably foreseeable potential, to attract a large number
of people, including but not limited to concerts, festivals, lifeguard
tournaments, sports competitions, or games is prohibited on the North
Beach;
(a)
Third party organized beach clean ups on the North Beach are
permitted during this time period so long as debris is removed without
using any motorized equipment. Debris may be hand carried with a garbage
bag or by use of a manually pushed wheelbarrow, garden cart, or similar
non-motorized equipment to take debris off the beach. No wrack, shells,
or other natural materials will be removed. Debris that may be harmful
to the public or otherwise cause a public health hazard (i.e., glass,
medical waste, logs, boards) may be hand removed. All seabeach amaranth
plants at the North Beach must be fenced by NJ Division of Fish and
Wildlife or the US Fish and Wildlife Service before any organized
third party beach clean up can occur;
7.
The storage, launching and landing of kayaks and surfboards on North
Beach is prohibited following the anticipated hatching or hatching
of a piping plover chick as determined by NJ Division of Fish and
Wildlife;
8.
No catamarans shall be stored or left on the beach north of Beacon
Boulevard. No catamarans shall be launched or landed on the North
Beach.
[Ord. No. 17-2010 § 4; Ord. No. 05-2011; Ord.
No. 20-2014]
Anyone wishing to hold a wedding ceremony on the beach in the
Borough of Sea Girt shall first obtain a permit from the Office of
the Municipal Clerk after making written application 60 days prior
to the date desired. Applications for permits shall be accompanied
by a $50 deposit which shall be nonrefundable. No wedding ceremonies
shall be held on North Beach. No wedding ceremonies shall be held
during beach operating hours. All wedding ceremonies shall be subject
to all provisions of this section.
[Ord. No. 17-2010; Ord. No. 09-2014; Ord.
No. 10-2014 § 2; Ord.
No. 13-2014; Ord. No. 15-2017; Ord. No. 02-2019]
b.
In addition to the fines set forth below, at the direction of the
Municipal Court Judge a sentence of not more than 10 days imprisonment
in the County Jail or not more than a ten-day period of community
service may be imposed.
|
Borough Code
|
Description
|
Fine
|
Payable*
|
|---|---|---|---|
|
9-1.2
|
Beach and boardwalk and dunes
|
$100
|
Yes
|
|
9-1.2a
|
Bathing during season at guarded beaches only
|
$100
|
Yes
|
|
9-1.2b
|
Prohibited when beach is closed for health
|
$100
|
Yes
|
|
9-1.2c
|
Tampering with beach equipment
|
$100
|
Yes
|
|
9-1.2d
|
Swimming prohibited, red flag or sign posted
|
$100
|
Yes
|
|
9-1.2e
|
Failure to obey order of lifeguard or beach patrol
|
$300
|
Yes
|
|
9-1.2f
|
Failure to supply information to purchase beach badge, bath
house
|
$100
|
Yes
|
|
9-1.2g
|
Beach badge required
|
$100
|
Yes
|
|
9-1.2j
|
Bath houses-failure to obey rules
|
$100
|
Yes
|
|
9-1.2l
|
Vehicle on beach, boardwalk or dunes
|
minimum $100
maximum $500
|
Yes
|
|
9-1.2m
|
Bicycle on boardwalk-certain times
|
$100
|
Yes
|
|
9-1.2n
|
Animals prohibited on beach (exception dogs)
|
$100
|
Yes
|
|
9-1.2o
|
Dogs on beach certain times only, leash required when permitted
|
$100
|
Yes
|
|
9-1.2p
|
Sleeping on beach prohibited 6:00 p.m. - 9:00 a.m.
|
$100
|
Yes
|
|
9-1.2q
|
Jetties-entering upon during bathing hours prohibited
|
$100
|
Yes
|
|
9-1.2r
|
Placing storage boxes on beach or boardwalk
|
minimum $25
maximum $500
|
—
|
|
9-1.2s.
|
Consumption of food on the beach prohibited
|
$100
|
Yes
|
|
9-1.2t
|
See Code Section
|
3-8
|
—
|
|
9-1.2u
|
Boats, jet skis, wave runners, restrictions
|
$100
|
Yes
|
|
9-1.2v
|
Surfing in restricted areas, storage of surf board
|
minimum $75
maximum $500
|
—
|
|
9-1.2w
|
Ball playing, kite flying, frisbee playing during bathing hours
|
minimum $25
maximum $500
|
—
|
|
9-1.2y
|
Entering fenced, protected shorebird area or seabeach amaranth
area
|
minimum $250
maximum $1,000
|
—
|
|
9-1.2aa
|
Smoking or use of tobacco product on beach, beachfront, boardwalk
or boardwalk access pathway
|
minimum $250
maximum $1,000
|
—
|
|
9-1.3
|
Surfing, ball playing, kite flying restrictions in certain protected
areas
|
$100
|
Yes
|
|
9-1.4
|
Wedding ceremonies on the beach-permit required
|
$100
|
Yes
|
|
* Payable without court appearance.
|
c.
Upon conviction
for a violation of Subsection 9-1.aa, a fine of not less than $250
nor more than $1,000 shall be imposed.
[Added 5-12-2021 by Ord. No. 05-2021]
[Resolution of 7-16-1996; New]
a.
The
Beach Manager, in consultation with the Borough Administrator, shall
regulate and control the beachfront and determine whether bathing,
surfing and/or kayaking is to be permitted, restricted or closed after
normal operating hours due to rough surf.
b.
Lifeguards
shall remain on duty under the direction of the Beach Manager and
the Lifeguard Supervisor. Beaches can be closed to bathing, surfing
and/or kayaking completely whereby lifeguards and Police would keep
people away from the dangerous surf or have restricted bathing and/or
surfing in designated areas as determined by the Beach Manager and
Lifeguard Supervisor.
c.
Under
the direction of the Beach Manager and/or Lifeguard Supervisor, when
lifeguards are told to secure and depart the beachfront, the lifeguards
will advise the patrons that they are going, off-duty and to not go
near the dangerous surf to swim, surf or kayak. The Beach Manager
and/or Lifeguard Supervisor will notify the Sea Girt Police Department
that the lifeguards are off-duty.
d.
The
Rough Surf Management Plan will remain in effect until it is determined
by the Beach Manager, in consultation with the Borough Administrator,
that surf conditions have subsided and normal beach operating conditions
may be put into effect.
[Ord. No. 273; New]
As used in this section:
Shall mean attempting to take or the taking of fish, crabs
or other marine life by means of a spear, harpoon, dart, arrow, gun
or any missile hand-held or hand-propelled by the fisherman, or the
taking or the attempting to take fish, crabs or other marine life
by means of any device which is hand-held or hand-propelled and projects
a missile of any kind.
Shall mean and include that area extending eastward 600 feet
from the mean high water line.
[Ord. No. 273; New]
No person or persons shall engage in goggle fishing or spearfishing
in the beachfront areas or the water adjacent thereto of the Borough
during the period from Memorial Day to October 1 of each year.
[Ord. No. 273; New]
No person or persons shall engage in goggle fishing or spearfishing
from any jetty bounding from the beach front areas or from any jetty
within any beach front areas of the Borough during the period from
Memorial Day to October 1 of each year.
[Ord. No. 09-2014]
Any person who violates any provision of this section shall
be liable, upon conviction, to the penalty below.
|
Borough Code
|
Description
|
Fine
|
Payable*
|
|---|---|---|---|
|
9-3
|
Fishing
|
$100
|
Yes
|
|
* Payable without court appearance.
|
[Ord. No. 595 § 1]
The purpose of this section is to protect the general health,
safety and welfare of residents and visitors to the Borough and for
the purpose of protecting oceanfront vegetation and beach areas and
to provide an orderly procedure for the enjoyment of the oceanfront
by boaters and bathers alike.
[Ord. No. 595 § 2]
As used in this section:
Shall mean a catamaran-type sailboat that is of twin pontoon
construction and is a vessel or watercraft capable of being used as
a means of transportation on water and propelled wholly by sails.
Shall mean a seaworthy vessel or other watercraft with a
single hull propelled solely by sail capable of being safely operated
in the surf and surrounding waters which is essentially equivalent
to a Sailfish or Sunfish.
[Ord. No. 595 § 2]
Specifically excluded from use upon the beaches are boats or
power vessels temporarily or permanently equipped with machinery for
propulsion.
[Ord. No. 595 § 3;
New]
Anyone wishing to store a catamaran or single-hulled sailboat
as hereinabove defined upon the oceanfront beach shall comply with
the following requirements:
a.
No such catamaran or single-hulled sailboat may be placed upon or
stored upon the oceanfront beach except during the months of April
through October of any year.
b.
No boat in excess of 18 feet in length shall be stored upon the beach.
c.
No boat shall be stored unless it is licensed as hereinafter provided.
d.
Boats may only be stored within such area as shall be designated
in any given year by the Beach Manager or the Borough Administrator.
e.
It shall be unlawful to secure any boats stored on the designated
area to any bench, sign post, or other Borough property.
[Ord. No. 595 § 4]
The Borough Clerk shall provide application forms for all licenses,
which forms shall provide as follows:
a.
Applicants shall be at least 16 years of age.
b.
The sailboat shall not be more than 18 feet in length and a complete
description setting forth make, number (if any), color of hull and
color of sails, and design shall accompany the application.
c.
The licenses issued or to be issued by the Borough shall not be transferable.
d.
Each owner shall submit to the Clerk, together with the application,
a paid-up insurance policy covering public liability for injury to
any person or persons in the amount of $100,000 per person per occurrence
- $300,000 per occurrence. Nothing contained herein shall be construed
to limit the acquisition of additional coverages.
[Ord. No. 595 § 5; Ord. No. 645 § I; New]
a.
Catamaran-type sailboat and single-hulled owner's annual license
fees shall be established by resolution of the Borough Council and
shall be payable in advance. Upon registering a boat with the Borough
of Sea Girt, the individual so registering shall receive a decal which
must be placed in a visible location upon the hull of the boat or
watercraft. The license shall be valid for the period of April 1 through
October 31 of the year in which it was issued.
b.
In addition to the license fee, each applicant will deposit with
the Borough Clerk the sum of $400, the return of which is conditioned
upon the removal of the licensed boat from the Sea Girt beach on or
before October 31 of the year in which the license is issued. In the
event such timely removal does not occur the deposit will be retained
by the Borough and the boat may be removed from the beach by the Borough.
c.
All boats removed by the Borough pursuant to paragraph b., above
will be stored at a charge to the licensee of $200 a month or part
thereof which sum shall be paid prior to delivery of the boat to the
licensee.
d.
Notice of removal of the boat by the Borough shall be sent by the
Borough Clerk to the licensee by mail directed to the address of the
licensee as it appears on the application. If the boat is not repossessed
by the licensee in accordance with the requirements of paragraph c
above for a period of six months, the boat shall be deemed abandoned
and shall be sold at public sale. Any sums derived from such sale
shall, after deduction of storage charges and expenses of sale be
remitted to the licensee.
[Ord. No. 595 § 6]
No more than 30 licenses shall be issued during any one year.
[Ord. No. 595 § 7]
Any person who violates any of the provisions of this section
shall be subject to a fine of not less than $100 and no more than
$500 for each separate offense. In the case of a continuing violation
or violations, a fine of not less than $100 and no more than $500
may be assessed for each day that the violation continues unabated.
[Ord. No. 779 § 1; Ord. No. 818 § 1; Ord. No. 827 § 1; New; amended 2-26-2020 by Ord. No. 02-2020]
The annual seasonal fee for the use of each storage unit shall
be established by an ordinance or resolution of the Borough Council
and shall be the sum of $225 payable in advance, for the period starting
Memorial Day to one week after Labor Day. Convenience fee added to
all credit card transactions equal to 3% of transaction cost. All
storage units will be emptied on or before the expiration date. In
the event of non-removal, the boats will be taken to the Borough Yard
and only returned upon the payment of $50 per month with a minimum
of $100 to cover Borough costs.
[Ord. No. 818 § 2]
Applicants for kayak storage space shall complete and sign an
application form, giving the name, address and telephone number of
the owner of the boat and a description of the boat (i.e. brand, color
and type). Such application form shall state that the risk of loss
or damage to the boat by reason of theft or vandalism is assumed by
the applicant.
[Ord. No. 818 § 3]
a.
Holders of permits for use of such locker space may renew the permit
for the ensuing year, provided that application is made and the appropriate
fee paid prior to June 15 of the ensuring year.
b.
The issuing authority will maintain a waiting list of applicants
for locker space. Upon nonrenewal of any space, applicants on the
waiting list will be notified of the available locker space in the
order that their names appear on such list.
[Ord. No. 09-2014]
Any person who violates any provision of this section shall
be liable, upon conviction, to the penalty below.
|
Borough Code
|
Description
|
Fine
|
Payable*
|
|---|---|---|---|
|
9-5
|
Kayak storage
|
$100
|
Yes
|
|
* Payable without court appearance.
|
[Ord. No. 878 § 1;
New]
a.
The annual
seasonal rental for the use of such storage units shall be established
by ordinance or resolution of the Borough Council and shall be the
sum of $225 payable in advance, for the period from the Saturday of
Memorial Day weekend to the Saturday after Labor Day. Convenience
fee added to all credit card transactions equal to 3% of transaction
cost.
[Amended 2-26-2020 by Ord. No. 02-2020]
b.
The boxes
will be chained to boardwalk pilings at locations to be determined
by the Chairman of the Councilmanic Beach Committee and may be secured
by the lessee's lock. All boxes will be emptied and locks removed
on or before the expiration date. In the event of failure to make
timely removal, the locks will be removed by the Borough and the contents
disposed of.
[Ord. No. 878 § 2]
Applicants for storage boxes shall complete and sign an application
form giving the name, address, and telephone number of the lessee.
Such application form shall state that the risk of loss for damage
to the lock or contents of the storage box by reason of theft, vandalism
of acts of nature, is assumed by the applicant. Applications will
be accepted by the Borough Clerk on a first-come, first-served basis.
[Ord. No. 543 § 1; Ord. No. 550 § 1; Ord. No. 772 § 1]
As used in this section:
Shall mean that area between the mean high water line of
the Atlantic Ocean, in reference to the 1929 Sea Level Datum as established
by the U.S. Coast Guard and Geodetic Survey and the seaward edge of
the dune area.
Shall mean that area between the seaward edge of the dune
and the landward edge of the dune.
SEAWARD EDGE OF THE DUNEShall mean the intersection of the foreslope of the dune and the grade of the beach area.
LANDWARD EDGE OF THE DUNEShall mean the intersection line of the backslope of the dune and the grade of land adjoining to the west and is described as "westerly line of dune" on a map entitled "Borough of Sea Girt, Monmouth County, New Jersey, Dune Protection Ordinance No. 543 adopted February 19, 1985" prepared by Birdsall Engineering, Inc., July 1985. Copies of the map are available for inspection in the Borough Clerk's office.
Shall mean that person designated by the Governing Body.
Shall mean and include the terms "native vegetation" or "indigenous."
Specifically, it shall mean such plants as beach grass, dusty miller,
hudsonia, sea rocket, seaside goldenrod, bayberry or beach plum which
normally grow or may be planted on the slopes of dunes or behind them;
no distinction is made as to how such plants are introduced into their
location.
Shall mean that portion of the beach determined by the Dune
Inspector to be subject to erosion resulting from pedestrian traffic.
Such an area will be delineated by appropriate signs prohibiting such
traffic and warning of prosecution for violations.
[Ord. No. 543 § 3]
No person shall remove or destroy the natural vegetation, sand
fence or other types of dune protective devices in the dune area.
[Ord. No. 543 § 4]
No person shall remove or redistribute sand on the beach and
dune areas.
[Ord. No. 543 § 5; Ord. No. 772 § 3]
[Ord. No. 543 § 2; Ord. No. 550 § 2; Ord. No. 718 § 1; Ord.
No. 772 § 2; Ord. No.
729 § 1; New]
No person shall place structures of any kind on the beach or
in the dune area except for:
a.
Pathways or walkways providing beach access constructed in accordance
with drawings submitted to and approved by the Borough Engineer. The
application fee for such approval shall be in the sum of $250.
b.
Activities required for construction of an approved pathway or walkway.
c.
Protection of Properties Abutting the Beachfront between Sea Girt
Avenue and Neptune Place. As a result of the December 1992 storms,
the Sea Girt beach between Sea Girt Avenue and Neptune Place has become
severely eroded causing imminent threat of further damage to the Borough
roadways, residences abutting this beachfront and the Borough beach,
and the Borough Engineer has recommended that, to prevent further
damage, permission be given to owners of properties abutting the beach
in this limited area to construct on their property protective bulkheads,
in line with the existing street-end bulkhead at Seaside Place.
1.
Fee owners of property abutting the Sea Girt beachfront between Sea
Girt Avenue and Neptune Place desiring to erect a bulkhead or wall
in the dune area, in addition to any actions, application or approvals
required by the laws or regulations of the State of New Jersey, shall
be required to make application to the Borough Council for approval.
2.
Such application shall be accompanied by plans, drawings and specifications
prepared by a New Jersey Licensed Professional Engineer. Such plans
will include survey data showing that the location of the proposed
structure is within the applicant's property lines.
(a)
As to the properties known as Block 9, Lot 1, 5 and 9 on the
Sea Girt Tax Map (formerly Block 9, Lots 1 through 10 on the 1966
Tax Map), between Sea Girt Avenue and Seaside Place, such bulkhead
will be in line with and connection with the street-end bulkhead existing
at the easterly end of Seaside Place and be along the westerly line
of Ocean Avenue, and within the property lines.
(b)
As to the properties known as Block 8, Lots 7 and 3 on the present
Sea Girt Tax Map, such bulkhead or wall will be in line with the Seaside
Place street-end bulkhead running northerly to an existing bulkhead
located at the southeast corner of former Lot 5, Block 8 on the 1966
Tax Map (now part of Block 9, Lot 7), and continuing on that line
to the northeast corner of Block 9, Lot 7 and then westerly within
the property line to the southerly end of the Neptune Place street-end
bulkhead.
(c)
A condition of the Borough's approval of such application will
be the obligation of the abutting owner to construct a dune area easterly
of the construction to an elevation at least as high as the construction
consisting of beach fill, sand or sandfill as hereinafter defined,
and with a configuration to be approved of by the Borough Engineer.
(d)
Such obligation will be secured by a bond posted with the Borough
Clerk, signed by all record owners of the property involved. The bond
will be in the amount of 100% of the value of the cost of the dune
area as estimated by the Borough Engineer. The bond will be conditioned
on performance of the dune construction obligation and will be released
on the Borough Engineer's certification of compliance. No surety will
be required.
(e)
Beach fill, sand and sandfill is that material which naturally
occurs on the beach or in the dune area, or material furnished to
the site consisting of white sand procured from upland sources which
is similar in color and texture to the existing beach material at
the site and which conforms to the following criteria:
(f)
All applications will be reviewed by the Borough Engineer who
will forward them to the Borough Council with his recommendations
concerning the grant or denial of such application, and the imposition
of any necessary conditions. No application will be granted unless
the applicant has demonstrated that the grant of such application
will not cause or accelerate erosion to the beach or neighboring private
property.
(g)
All applications for construction in the dune area shall be
accompanied by an application fee, payable to the Borough of Sea Girt.
Fee schedule is as follows:
Permanent Structures (Bulkhead, Seawall) - $350.
In addition to the application fees above set forth, the applicant
will be responsible for payment of all reasonable fees charged by
the Borough Engineer in connection with his review of the application.
d.
Protection of Property Abutting the Beachfront between Trenton Boulevard
and New York Boulevard.
1.
No one shall place permanent structures or objects of any kind on
the beach or in the dune area, except as hereinafter provided and
as provided in Ordinance #718. (Paragraph c of this subsection). Nevertheless,
any residential structure or accessory building damaged, destroyed
or in need of repair may be repaired or replaced on the original foundations
with no increase in building coverage, height or gross floor area
and subject further to the provisions of the Borough of Sea Girt Zoning
Ordinance and Construction Codes.
2.
Where it is the desire of an owner of property in Block 5, 6 and
7, located between Trenton Boulevard and New York Boulevard abutting
the Sea Girt Beach to construct in the dune area on his or her property
an erosion control structure such as a seawall, bulkhead or similar
permanent structure, application shall be made to the Borough Council
for approval. Such application shall be accompanied by plans, drawings
and specifications prepared by a Licensed New Jersey Professional
Engineer. Plans for construction shall specifically include survey
data, indicating bearings and distances of each property line, the
date of the survey, location of the proposed structure in relation
to the property line and dimensions, location of existing dunes, location
of other existing structures on the property that would be affected
by the construction, details of the proposed construction and a representation
of the area of dune area which will be disturbed by the proposed construction.
All applications will be signed by all of the record owners of the
property involved.
3.
All applications will be reviewed by the Borough Engineer who will
forward them to the Borough Council with his recommendations concerning
the grant or denial of such application, and the imposition of any
necessary changes, supplements and conditions. No application will
be granted unless the applicant has demonstrated the following conditions:
(a)
The structure is essential to protect existing structures and
infrastructure in developed shorefront areas in danger from erosion.
(b)
The structure will not cause or accelerate erosion to the beach
or sand supply.
(c)
The structure will not create net adverse shoreline sand movement
conditions downdrift including erosion or shoalings.
(d)
The construction within a stabilized portion of the dune will
not materially weaken or destroy the monolithic quality of the existing
dune.
4.
The location of all proposed erosion control structures (bulkheads
or seawalls) and related construction work shall be entirely within
the applicant's property lines and shall be parallel to the easterly
property line and, where applicable, at or landward of the toe of
the dune, for all dunes as they exist at the time of application.
The precise location of such structure shall be determined, as approved
by the Borough Engineer, so as to allow adequate space for the dune
structure to be restored to and maintained at its original lines and
grades seaward of the bulkhead. The height of such structure shall
be no higher than the existing property level at the location of that
structure. Any additional fence or wall shall have a three foot setback
from the erosion control structure and comply to the three foot height
requirements stated in Ordinance No. 579, Section 7a - Fences and
Walls. Upon completion of bulkhead construction, the area easterly
of the wall will be filled to the height of the structure with beach
fill, sand or sand fill as hereinafter defined, with a configuration
as approved by the Borough Engineer. The removal or redistribution
of sand from any beach or dune area for use as backfill or any other
use is prohibited.
5.
Beach fill, sand and sand fill is that material which naturally occurs
on the beach or in the dune area, or material furnished to the site
consisting of white sand procured from upland sources which is similar
in color and texture to the existing beach material at the site and
which conforms to the following criteria:
6.
The obligation to fill easterly of the construction described in
paragraph 4, above will be secured by a bond posted with the Borough
Clerk, signed by all owners of the property involved. The bond will
be in the amount of 100% of the cost of such work as estimated by
the Borough Engineer and conditioned on the performance of such work.
The bond will be released on the Borough Engineer's certification
of completion. No surety will be required.
7.
In the event the applicant requests access to the public beach area
for equipment needed for the proposed construction, such access will
only be granted between September 15 and the succeeding May 15, unless
this requirement is waived for cause by the Borough Council. The application
will describe the equipment to be used and the length of the time
required for access. Such access will only be granted upon the applicant's
undertaking to restore all Borough property to its pre-existing condition.
This obligation will be secured by bond in the sum of $25,000, with
the Borough, signed by all the owners of the property involved. The
bond will be conditioned on performance of this obligation, and will
be released on the certification of the Borough Engineer of compliance.
No surety will be required.
8.
One pathway, timber walkway or beach access across the Dune Area
is permitted for each residence. It shall run, generally, on a diagonal
line and be the shortest practical course between the residence and
the Seaward edge of the Dune, and shall not exceed 3.5 feet in width,
and shall be in a design and at a location approved of by the Borough
Engineer. At street ends, wider pathways may be delineated by the
Borough Engineer. In the event that any pathway, walkway or beach
access shall be or become, in the opinion of the Borough Engineer,
a substantial detriment to the development and maintenance of the
continuous protective dune, the owner of the premises shall be notified
in writing to take corrective action as recommended by the Borough
Engineer.
9.
All applications for construction in the dune area shall be accompanied
by an application fee, payable to the Borough of Sea Girt. Fee schedule
is as follows:
Permanent Structures (Bulkhead, Seawall) - $350
Beach Access, Pathway or Walkway - $250.
In addition to the application fees above set forth, the applicant
will be responsible for payment of all reasonable fees charged by
the Borough Engineer in connection with his review of the application
and applicants' compliance with the conditions imposed.
10.
One of the purposes of this paragraph d is to ensure that adequate
restoration, enhancement and maintenance of sand dunes located seaward
of any oceanfront erosion control structures (bulkheads or seawalls)
is achieved and the highest practical height of such sand dunes is
maintained. Therefore, no dune shall be directly or indirectly lowered
or reduced in height by the action or inaction of any owner or his/her
agent. However, if any dune shall be or become lower than the elevation
deemed materially significant by the Dune Inspector, and the bulkhead
or seawall becomes routinely exposed, the owner thereof shall be obliged
to install such sand fence and plantings as may be prescribed by the
Borough Engineer. The owner shall have an obligation to maintain and
replace, if necessary, these fences and plantings but shall not be
obligated to take any other affirmative action, except as may be specified
elsewhere in this section. If the dune is lowered or caused to be
lowered by the direct or indirect action of any owner, then the dune
shall, upon due notice to the owner, be restored to its immediately
pre-existing elevation by the owner or at his expense. The restored
dune shall be planted and sand fenced as prescribed by the Borough
Engineer.
11.
Where bulkheads, seawalls or erosion control structures, either preexisting
the adoption of this ordinance [adopted by Ord. No. 729 on March 22,
1994] or constructed in accordance with this ordinance, are destroyed
or otherwise damaged as a result of storm, water damage, fire or otherwise,
the owner shall either cause the repair, replacement, demolition or
removal of such structures within a reasonable time after written
notice by the Borough to the applicant.
[Ord. No. 543 § 6; Ord. No. 772 § 4]
