[HISTORY: Adopted by the Mayor and Council of the Borough of Pine Beach: Art. I, 4-11-1966 by Ord. No. 66-03-170.[1] Section 55-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
[1]
Editor's Note: Ordinance No. 98-12-526 amended the title of Chapter 55 to read Beaches, Recreation Facilities and Open Space.
[Adopted 4-11-1966 by Ord. No. 66-03-170]
From and after the effective date of this article, all beach lands, bathing and recreational facilities, piers, safeguards, equipment and beach parking areas are hereby declared to be subject to the rules and regulations herein contained and subject to the charging and collecting of reasonable fees for the registration of persons using said facilities.
[Added 5-8-1996 by Ord. No. 96-08-492; repealed 3-10-2004 by Ord. No. 04-01-587]
[Added 5-8-1996 by Ord. No. 96-08-492; repealed 3-10-2004 by Ord. No. 04-01-587]
[Added 5-8-1996 by Ord. No. 96-08-492; repealed 3-10-2004 by Ord. No. 04-01-587]
[Added 5-8-1996 by Ord. No. 96-08-492; repealed 3-10-2004 by Ord. No. 04-01-587]
[Amended 5-13-1998 by Ord. No. 98-04-518]
The following areas are hereby determined and declared to be areas for bathing only:
Any area within the body of the Toms River, which may, from time to time, be designated by the governing body by the placement of markers and the posting of lifeguards, as an area suitable for bathing.
[Added 5-13-1998 by Ord. No. 98-04-518]
The following areas are hereby determined and declared to be beach and dock areas:
Known as Lot 2, Block 111 on the Tax Map of the Borough of Pine Beach bounded on the north by the southerly mean high water line of the Toms River; on the east by the westerly line of Lot 1, Block 9.01; on the south by the northerly right-of-way line of Riverside Drive (50 feet wide); and on the west by the easterly line of Lot 1.01, Block 111, including the piers and docks protruding therefrom into the body of the Toms River.
The unpaved portion of Lot 1, Block 85.01 on the Tax Map of the Borough of Pine Beach, also known as "Windy Cove Beach."
The following areas are hereby determined and declared to be waterfront parking areas and are included within and subject to the provisions of this article:
A. 
Area No. 1: Along the easterly side line of Station Avenue north of the northerly right-of-way line of Lakeview Court, if extended.
[Amended 5-13-1998 by Ord. No. 98-04-518]
B. 
Area No. 2: Beginning at a point where the easterly side line of Lot 5, Block 63, intersects the southerly line of Riverside Drive, thence from said point of beginning in a general westerly direction along the southerly line of Riverside Drive to the intersection of said line with the easterly side line of Avon Road, thence in a general southerly direction along the easterly line of Avon Road to its intersection with the northerly line of Buhler Avenue, thence in a general easterly direction along the northerly line of Buhler Avenue a distance of 200 feet more or less to a point in said northerly line, thence in a general northerly direction along the easterly side line of Lot 5, Block 63, to the point and place of beginning. Also known as Lots 1, 2, 3, 4, and 5, Block 63 on the Tax Map of the Borough of Pine Beach.
[Amended 5-18-1998 by Ord. No. 98-04-518]
C. 
Area No. 3: Beginning at a point, which said point is the northeasterly corner of Lot 15, Block 98, thence from said point in a general westerly direction a distance of 80 feet more or less to the northwest corner of Lot 13, Block 98, thence in a general northerly direction and along the extended westerly line of said Lot 13, Block 98, to a point in the high-water line of the Toms River, thence along said high-water line of the Toms River and the extension thereof in a general southeasterly direction to a point of intersection in the northerly line of Riverside Drive (Motor Road), thence along said northerly line of Riverside Drive (westerly line of Motor Road) to the point and place of beginning. Also known as Lot 11, Block 111 on the Tax Map of the Borough of Pine Beach.
[Amended 5-18-1998 by Ord. No. 98-04-518]
D. 
Area No. 4: The area lying generally north and west of the intersection of Monument Road and Prospect Avenue. The paved portion of Lot 1, Block 85.01 on the Tax Map of the Borough of Pine Beach.
[Amended 5-18-1998 by Ord. No. 98-04-518]
E. 
Area No. 5: Beginning at a point marked by a concrete monument, said point being the intersection of the easterly right-of-way (R.O.W.) line of Hillside Avenue with the southerly R.O.W. line of Riverside Drive, and running thence:
[Added 9-9-1998 by Ord. No. 98-11-525]
(1) 
Along said easterly line of Hillside Avenue if extended, north 26 degrees - 30 minutes - 00 seconds east, 22.46 feet to a point in the southerly line of the traveled way of Riverside Drive; thence
(2) 
Along said southerly line of the traveled way of Riverside Drive, following a curve to the right having a radius of 407.00 feet, an arc distance of 162.93 feet (said curve also having a chord bearing of south 51 degrees - 31 minutes - 36 seconds east, and distance of 161.84 feet) to a point in the same; thence
(3) 
South 52 degrees - 15 minutes - 24 seconds west, 30.17 feet to a point in the southerly R.O.W. line of Riverside Drive; thence
(4) 
Along said southerly line of Riverside Drive, following a curve to the left having a radius of 391.24 feet, an arc distance of 150.39 feet (said curve also having a chord bearing of north 48 degrees - 43 minutes - 48 seconds west, and distance of 150.17 feet) to the point and place of beginning.
(5) 
Block 111 Lot 2 between Hillside Avenue and Midland Avenue, area known as Admiral Farragut Point.
[Added 12-10-2014 by Ord. No. 14-12-723]
F. 
Area No. 6: Beginning at a point in the southwesterly right-of-way (R.O.W.) line of Riverside Drive, said point being the following two courses from the intersection of said southwesterly R.O.W. line of Riverside Drive, with the easterly R.O.W. line of Hillside Avenue:
[Added 3-8-2000 by Ord. No. 2000-05-540]
(1) 
Along said southwesterly R.O.W. line of Riverside Drive, along a curve to the right, said curve having a radius of 391.24 feet, an arc distance of 315.35 feet (said curve also having a chord bearing of south 46 degrees, 28 minutes, 38 seconds east, and distance of 306.88 feet) to a point of tangency; thence
(2) 
Along the same, south 23 degrees, 23 minutes, 11 seconds east, 101.08 feet to the point and place of beginning, and running thence:
(a) 
Along a new line within the R.O.W. of said Riverside Drive, north 20 degrees, 11 minutes, 32 seconds east, 37.90 feet to a point in the southwesterly traveled way of said Riverside Drive; thence
(b) 
Along said southwesterly traveled way of Riverside Drive, south 15 degrees, 41 minutes, 58 seconds east, 52.21 feet to a point in the same; thence
(c) 
Along the northwesterly line of a fire zone, south 25 degrees, 43 minutes, 05 seconds west, 25.33 feet to a point in the said southwesterly R.O.W. line of Riverside Drive; thence
(d) 
Continuing along the same line, through Lot 1.02, Block 36, south 25 degrees, 43 minutes, 05 seconds west, 20.69 feet to a point; thence
(e) 
Along a new line through Lot 1.02, Block 36, north 13 degrees, 36 minutes, 24 seconds west, 47.05 feet to a point; thence
(f) 
Along a new line through Lot 1.02, Block 36, north 20 degrees, 11 minutes, 32 seconds east, 11.10 feet to a point in said southwesterly R.O.W. line of Riverside Drive, the point and place of beginning.
[Added 3-10-1992 by Ord. No. 92-03-424]
A. 
The following areas are presently determined to be recreational areas subject to the rules and regulations presently in existence and as hereinafter set forth:
(1) 
All that certain tract or parcel of land generally known as "Block 3, Lot 3," on the Tax Map of the Borough of Pine Beach and consisting of a baseball field, basketball courts, a parking area and accessory lands.
(2) 
All that certain tract or parcel of land generally known as Lot 1.02, Block 36 on a certain map entitled "Minor subdivision, Tax Block 36, Borough of Pine Beach, Ocean County, New Jersey" filed in the office of the Ocean County Clerk on 12-5-1997 as Map No. H-2802.
[Added 5-13-1998 by Ord. No. 98-04-518]
B. 
Rules and regulations. Rules and regulations previously established pursuant to § 55-7 of this article and as previously amended shall be expressly made applicable to the recreational facilities described in Subsection A above, except to the extent that such rule or regulation would, of necessity, only be applicable to a waterfront bathing beach, pier or waterfront recreational facility.
[Amended 7-11-1966 by Ord. No. 6604-171; 6-10-1969 by Ord. No. 69-03-183; 2-9-1971 by Ord. No. 71-02-195; 3-13-1973 by Ord. No. 73-01-210; 6-12-1973 by Ord. No. 73-07-216; 3-12-1974 by Ord. No. 74-05-227; 7-11-1978 by Ord. No. 78-06-264; 2-10-1981 by Ord. No. 81-02-289; 3-9-1982 by Ord. No. 82-02-301]
A. 
No person shall enter upon or otherwise make use of any of the public beaches and bathing areas, including but not limited to those areas designated in §§ 55-2 and 55-2.1 without having first registered and paid the fee as hereinafter set forth for permission to enter upon or to use any of said public beaches, bathing or recreational grounds, piers and facilities.
[Amended 5-13-1998 by Ord. No. 98-04-518]
B. 
The fee required by this section shall be $10. The fee for senior citizens (over 62 years old) shall be $5.
[Amended 2-9-2005 by Ord. No. 05-01-603; 5-12-2010 by Ord. No. 10-04-680]
C. 
Temporary beach badges valid for date of issue shall be issued upon request to those persons holding valid beach badges for the sum of $2 per temporary beach badge for the use of guests.
[Amended 5-12-2010 by Ord. No. 10-04-680]
[Amended 7-11-1966 by Ord. No. 66-04-171; 2-9-1971 by Ord. No. 71-02-195; 3-13-1973 by Ord. No. 73-01-210; 6-12-1973 by Ord. No. 73-07-216; 3-12-1974 by Ord. No. 74-05-227; 7-11-1978 by Ord. No. 78-06-264; 2-10-1981 by Ord. No. 81-02-289; 3-9-1982 by Ord. No. 82-02-301]
A. 
No person shall park or operate a motor vehicle in or upon any of the beach parking areas defined in § 55-3 without having first registered said motor vehicle and paid the fee hereinafter set forth for permission to park or operate said motor vehicle in said beach parking areas.
B. 
The fee required by this section shall be $10. The fee for senior citizens (over 62 years old) shall be $5.
[Amended 2-9-1993 by Ord. No. 93-03-437; 4-11-1995 by Ord. No. 95-04-468; 2-9-2005 by Ord. No. 05-01-603]
C. 
The fees required under §§ 55-4 and 55-5 of this article shall be payable annually.
A. 
Applications for registration and payment of fees as required by this article shall be made to the Borough Clerk or to such other person or persons who may, from time to time, be designated by the Borough Clerk.
B. 
Upon registration and payment of the proper fee or fees and presenting proper documentation to verify proof of age to qualify for the senior citizen prices, the applicant will be issued a beach tag or tags which must be worn and displayed while on beachfront recreation areas. Parking permit or permits for beach parking areas will be properly displayed affixed to the rear window of the vehicle.
[Amended 4-11-1995 by Ord. No. 95-04-468; 2-9-2005 by Ord. No. 05-01-603]
C. 
Beach tags and parking permits shall not be transferable.
[Amended 7-11-1966 by Ord. No. 66-04-171; 6-10-1969 by Ord. No. 69-03-183; 7-14-1970 by Ord. No. 70-04-190; 10-13-1970 by Ord. No. 70-06-192; 11-13-1973 by Ord. No. 73-12-221; 2-12-1974 by Ord. No. 74-01-223; 7-11-1978 by Ord. No. 78-06-264]
All bathing beaches and beach parking areas in this municipality shall be operated and maintained under the control of the governing body thereof, and the following rules and regulations for the government and policing of beaches, bathing and recreational facilities and for beach parking areas are hereby adopted:
A. 
No person shall disrobe or put on a bathing suit while in any motor vehicle parked or being driven on any public street, public beach or public parking area of this borough or while standing by or near or being in vicinity of any parked vehicle or in any woods in the borough.
B. 
No person shall annoy or molest any other person or persons either upon the beach, upon the public piers, in any portion of the bathing and recreational facilities of this Borough or upon the public beach parking areas.
C. 
No person shall utter any offensive or indecent language in any such areas.
D. 
No person shall act in a disorderly manner in any of such areas.
E. 
No person shall crab or fish in any of such areas between midnight and 5:00 a.m. No person shall crab or fish at any time in the areas designated for swimming, such as areas being delineated by ropes supported by float. No person shall crab or fish at any time from the pavilion at Admiral Farragut Point.
[Amended 2-10-1981 by Ord. No. 81-02-289; 9-11-2002 by Ord. No. 02-13-571; 12-10-2014 by Ord. No. 14-12-723]
F. 
No person shall throw, discard or leave any cans, bottles, paper or other refuse of any kind whatsoever upon any of said areas. Where proper disposal receptacles are not provided or have reached capacity, then all such materials shall be carried away and properly disposed of by the party responsible for their presence.
[Amended 3-10-1992 by Ord. No. 92-03-424]
G. 
No person or persons shall picnic or play ball in any of such areas except that picnics may be held in such areas by permit from the Borough Administrator or such other person or persons as shall be designated by the Borough Administrator, which permit shall be issued for a fee of $1. The applicant for a picnic permit, by acceptance thereof, agrees to be personally responsible for compliance with all of the provisions of this article and to submit to the penalty provisions hereof in the event of any violation of such provisions.
[Amended 5-13-1998 by Ord. No. 98-04-518]
H. 
No person shall climb upon, deface, break, destroy or damage any borough property while upon any of such areas.
I. 
No person shall moor any boats at pier heads other than temporarily for the purpose of loading and unloading.
J. 
No open fires shall be permitted in any of such areas at any time. By permit, the governing body may allow on a temporary basis the use of charcoal barbecue grills in connection with an approved activity. The use of any such charcoal barbecue grill must be closely monitored and completely extinguished by the user prior to the vacation of the site.
[Amended 3-10-1992 by Ord. No. 92-03-424]
K. 
No person shall refuse or fail to obey and comply with any of the rules and regulations herein contained or from time to time established by the governing body of this borough for the management, control and regulation or use of bathing beaches, recreational areas, piers, public beach parking areas or any of the facilities or equipment in connection therewith.
L. 
No person shall bring or permit any dog or dogs on any bathing beach, pier, recreational area, public parking area or in the waters of the Toms River. As to nonbeach recreational areas only, dogs may be permitted in such areas only when secured by a leash of not more than six feet in length and fully controlled by the owner or other person bringing the dog upon the area. Such person shall also be responsible for the immediate removal and proper disposal of any fecal matter deposited by that dog in compliance with Article I, General Provisions, of Chapter 76, Dogs and Other Animals, for pooper scoopers.
[Amended 2-10-1981 by Ord. No. 81-02-289; 3-10-1992 by Ord. No. 92-03-424]
M. 
No person shall refrain from leaving the water on public beaches or public piers or other recreational areas when directed by a lifeguard, policeman or other borough official in charge of said public bathing beaches, recreational areas, piers and public beach parking areas when either the safety of such bather or user or other bathers or users reasonably requires such action.
N. 
No person shall operate or park a motor vehicle in any beach parking area or recreational facility parking area between the hours of 10:00 p.m. and 5:00 a.m. except in Area No. 4, commonly known as "Windy Cove," which will allow parking of a vehicle with a boat trailer attached and with proper permits displayed until midnight. (Former Subsection O, which listed no-parking areas and which immediately followed this subsection, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. 1. Such no-parking provisions are now included in Ch. 166, Vehicles and Traffic.)
[Amended 3-10-1992 by Ord. No. 92-03-424; 6-11-1997 by Ord. No. 97-07-505; 6-14-2006 by Ord. No. 06-11-639]
O. 
No person shall water-ski or operate any boat or other watercraft, whether under power or sail, within any of the areas for bathing only designated in § 55-2 of this article nor shall any person bring upon or cause to be brought upon the beaches in said areas for bathing only any waterskiing apparatus, boats or other watercraft.
P. 
No person shall drive, park or permit to be driven or parked any vehicle upon any of the borough beaches or recreational facilities. This subsection shall not apply to municipally owned or emergency vehicles.
[Amended 3-10-1992 by Ord. No. 92-03-424]
Q. 
No person having ownership or possession of any animal shall bring or permit such animal upon any of the borough beaches or recreational facilities, except as provided in Subsection L.
[Amended 310-1992 by Ord. No. 92-03-424]
R. 
[Amended 3-10-1992 by Ord. No. 92-03-424; 3-13-1996 by Ord. No. 96-03-487; 12-10-2014 by Ord. No. 14-12-723]
(1) 
No person shall bring upon, possess or consume any alcoholic beverages, including wine and beer, on any of the borough beaches or at any borough recreational facility.
(2) 
Nonprofit organizations* who wish to serve beer or wine during an event on any beach or recreational facility must apply to the Borough Council for a special recreation permit at least 30 days prior to the event, provide a certificate of insurance naming the Borough as an additional insured in the amount of $1,000,000, pay a fee of $75 for one day permit and provide a $200 refundable deposit, and show proof of eligibility to apply for a state approved Social Affair Permit. A copy of the approved Social Affair Permit must be on file in the Office of the Municipal Clerk three days prior to the event taking place.
*Nonprofit organization is a registered IRS 501 (c) 3, operating as a charitable organization, whose membership is open to the public at large, dedicated to provided quality of life improvements for the community. Examples include recreation sports leagues, scouting organizations, school and other civic groups.
S. 
No person under the age of 18 years shall enter upon or remain on any of the borough beaches, piers, pavilions or recreational areas after 10:00 p.m. unless accompanied by a parent or guardian or pursuant to prior permission of the Borough Council as authorized by resolution.
[Amended 3-10-1992 by Ord. No. 92-03-424]
T. 
No person shall at any borough beach or recreational area use, possess or project any potentially dangerous implement, including but not limited to the following: guns, bows and arrows, javelins, shot puts, disks, knives and boomerangs, nor shall any person engage in the hitting of golf balls in any such area.
[Added 3-10-1992 by Ord. No. 92-03-424]
U. 
The recreational ball field shall be used only for baseball or other games that do not require a change in the baselines of the infield or of the pitcher's mound unless approved by the Borough Administrator. The baseball field shall be used only by residents of the Borough of Pine Beach and their guests, except that any league, organization or group of people may be permitted to use the recreational facilities, including the ball field, on such dates and at such times as may be approved by the Borough Administrator. The residents of the Borough may use the recreational facility and ball field between the hours of 8:00 a.m. and 8:00 p.m. or dusk, except for one hour prior to authorized baseball games, soccer games or any other activity for which a permit has been granted.
[Added 3-10-1992 by Ord. No. 92-03-424; amended 5-13-1998 by Ord. No. 98-04-518]
V. 
No person or organization may make any structural or physical changes, additions, alterations or improvements to any recreational facility except with prior written approval by the Borough Administrator.
[Added 3-10-1992 by Ord. No. 92-03-424; amended 5-13-1998 by Ord. No. 98-04-518]
W. 
No person shall display any advertising signs within the boundaries of any recreational area without prior approval of the Borough Administrator.
[Added 3-10-1992 by Ord. No. 92-03-424; amended 5-13-1998 by Ord. No. 98-04-518]
X. 
Radios, tape recorders or other similar devices intended for the use and enjoyment of the party possessing and using the same may be used upon borough beaches, parks and recreational facilities, provided that the sound level shall not constitute a nuisance or disturbance.
[Added 3-10-1992 by Ord. No. 92-03-424; amended 5-13-1998 by Ord. No. 98-04-518]
Y. 
No skate boards are permitted on any boardwalk or pier. No bicycles, scooters or roller skates/blades permitted on any pier.
[Added 12-10-2014 by Ord. No. 14-12-723]
[Added 3-10-1992 by Ord. No. 92-03-424]
A. 
Any person, group, organization or corporation seeking a permit for any use of borough recreational facilities must make an application for a permit to be obtained from the Borough Clerk which must be filed with the Borough Clerk not less than 20 days nor more than 60 days before the date upon which it is proposed to conduct an activity. The governing body shall have discretion to modify the time periods set forth above. The application for a permit shall contain not less than the following information:
(1) 
The name, address and daytime telephone number of the person, organization or entity proposing an activity.
(2) 
The name, address and daytime telephone number of a natural person designated as the responsible agent of any organization or entity.
(3) 
The date and hours of the requested activity.
(4) 
The specific location of any proposed activity.
(5) 
A brief description of the nature of the activity.
(6) 
The number of estimated participants or attendees for the activity.
(7) 
A copy of the liability insurance certificate of the organization or entity which shall include the amount of liability coverage and the name, address and telephone number of the agent.
(8) 
A certification that the information set forth on the application is true and that if any of the information is willfully false the certifying natural person shall be subject to punishment.
B. 
The Borough Administrator may approve the application, provided that the activity will not unreasonably interfere with or detract from the general public enjoyment of the recreational facility and will not unreasonably interfere with or endanger the public health, safety, welfare and recreation, the recreational facility has not previously been reserved and the activity will not substantially interrupt the safe and orderly movement of traffic or require an unreasonable diversion of police personnel, is not intended to be used solely for private profit or economic benefit and will not expose the Borough of Pine Beach to unusual and/or extraordinary liability for personal injury, property damage or other perils.
[Amended 5-13-1998 by Ord. No. 98-04-518]
C. 
In ruling upon any permit application, the Borough Administrator shall require that the permit fee be paid and that the person, organization or entity execute a hold harmless and indemnification agreement and/or post an indemnity bond or cash deposit in forms acceptable to the Borough Council and Borough Attorney.
[Amended 5-13-1998 by Ord. No. 98-04-518]
D. 
Any approved permit application shall be nontransferable, and the responsible party for any approved activity must have a copy of the permit in his or her possession at the recreational facility during the time the activity is being conducted.
E. 
The Borough Council shall, from time to time, establish policies and a schedule of fees to be paid and collected in connection with approved activities at any recreation facility.
[Amended 5-13-1998 by Ord. No. 98-04-518]
F. 
The fee for application for a recreation permit:
[Added 5-12-2010 by Ord. No. 10-04-680; amended 12-10-2014 by Ord. No. 14-12-723]
(1) 
Pine Beach sponsored activities: Exempt.
(2) 
Individual use of public property: Resident: $10; Nonresident: $25.
(3) 
Nonprofit* use of public property: $10 plus a $200 refundable deposit.
*Nonprofit organization is a registered IRS 501 (c) 3, operating as a charitable organization, whose membership is open to the public at large, dedicated to providing quality of life improvements for the community. Examples include recreation sports leagues, scouting organizations, school and other civic groups.
(4) 
For-Profit** use of property:
(a) 
One day: $75 plus a $200 refundable deposit.
(b) 
Multiple days: $300 plus a $200 refundable deposit.
**For-Profit is any business or group utilizing facilities to generate a profit, operate or participate in a for-profit league, tournament or activity. Examples include private teams, leagues, organizations and groups not open to the public at large.
(5) 
Pavilion Rental: $50 for three hours plus a $200 refundable deposit.
(6) 
Recreation Permit with alcohol*: $75 plus a $200 refundable deposit.
[Amended 3-10-1992 by Ord. No. 92-03-424; 4-14-1992 by Ord. No. 92-05-426]
Any person violating any of the provisions of this article shall be subject to one or more of the following: a fine in an amount not to exceed $1,000, imprisonment in the Ocean County Jail for a period not to exceed 90 days or community service for a period not to exceed 90 days.