[Adopted 4-7-1992 as Ord. No. 1992-6]
As used in this article, the following terms
shall have the meanings indicated:
MOTOR VEHICLE
Includes all vehicles propelled other than by muscular power,
including, but not limited to, vehicles which are or may be licensed
by the State of New Jersey as motor vehicles whether or not the same
are designated as "beach buggies," "dune buggies," "motorcycles,"
"trail bikes," "minibikes" or otherwise.
The maintenance, use or operation of a motor
vehicle upon, through or across that portion of the oceanfront beach
lying within the Borough of Bay Head bounded on the west by the landward
edge of the dune and on the east by the waters of the Atlantic Ocean
is prohibited.
Designated emergency or patrol motor vehicles
may, from time to time, in emergency situations, with the express
permission of the Chief of Police, be operated within the beachfront
area to preserve and protect the health, safety and general welfare
of the citizens of the municipality.
[Amended 11-19-1996 by Ord. No. 1996-5]
Any person, firm or corporation that shall be
convicted of a violation of a provision of this article shall, upon
conviction thereof by any court authorized by law to hear and determine
the matter, be subject to a fine not exceeding $1,000 or imprisonment
for a term not exceeding 90 days or a period of community service
not exceeding 90 days, or any combination thereof, as such court,
in its discretion, may impose. Each day that such violation exists
shall constitute a separate offense.
[Adopted 4-6-2020 by Ord. No. 2020-04]
For the purpose of this article, the following words shall have
the meanings given herein.
BEACH
As defined by N.J.A.C. 7:7-9.22(a).
CAFRA
The Coastal Area Facilities Review Act, N.J.S.A. 13:19-1
et seq., and regulations issued thereunder at N.J.A.C. 7:7 et seq.,
as may be amended from time to time.
CZM REGULATIONS
The present NJDEP Coastal Zone Management Rules adopted by
the NJDEP under N.J.A.C. 7:7 or as may be amended.
DUNE
As defined by N.J.A.C. 7:7-9.16(a).
DUNE CONSULTANT
An expert on dunes and their care approved by the Mayor and
Council of the Borough of Bay Head. The Dune Consultant shall be retained
on a consulting basis and will not be a full-time employee.
DUNE CREST
The highest elevation of the sand dune.
EARTH ANCHOR
An auger-type anchor utilized to protect against wind uplift
of dune platforms typically constructed of galvanized or stainless
steel with a minimum penetration below the dune surface of 30 inches.
NATURAL VEGETATION
Includes the terms "native vegetation" or "indigenous vegetation"
and shall be limited to the species permitted by the NJDEP at N.J.A.C.
7:7-10.4, as may be amended and supplemented.
PATHWAY
An at-grade passage over the dunes.
REVETMENT
The sloped shore protection structure consisting of a facing
made of stone, placed on a bank, bluff, or shoreline to withstand
the forces of waves and currents.
SETBACK LINE
That line determined by the setback distances as may be specified
in the Land Use Ordinance of the Borough to define the limits of development on
a buildable lot.
WALKWAY
A constructed (improved) at-grade or elevated means of crossing
the dune.
Except as otherwise provided, for any and every violation of this article, the owner of lands where such violation has been committed or the trespasser if the violation is of §
75-7B, or any violator, shall, for each and every violation, be subject to a fine of not more than $1,000 or imprisonment for a term not to exceed 90 days or a period of community service not exceeding 90 days, or any combination thereof, at the discretion of the court having jurisdiction in this matter. Each and every day that a violation continues shall be deemed a separate offense.