[Ord. No. 07-2022, 12-8-2022]
As used in this Article, the following terms shall have the
meaning indicated:
COMMERCIAL BEACH TAG
A seasonal beach tag that may be purchased by a commercial
entity that wishes to provide seasonal beach tags as an amenity to
paying guests for use for the duration of their stay.
COMMERCIAL ENTITY
Any entity or person(s) that rents or makes rooms or living
space available to members of the public for a fee, and that is required
to obtain a rental permit from the Borough of Cape May Point or a
mercantile or other business license from any other municipality.
SEASONAL BEACH TAG
A beach tag to use the public beaches in the Borough of Cape
May Point during a bathing season for personal use.
[Ord. No. 07-2022, 12-8-2022]
a. Paid places of resort, beaches, bathing and recreational facilities
are hereby established in the Borough for the public health, recreation
and entertainment.
b. Such places are located between the jetties or groins fronting on
the Atlantic Ocean and Delaware Bay from the southeasterly boundary
line of the Borough east of Lighthouse Avenue to the southwesterly
boundary line of the Borough west of Alexander Avenue.
[Ord. No. 07-2022, 12-8-2022]
In order to provide the necessary funds to improve, maintain
and police the beaches, the following fees shall be charged for such
facilities:
a. No fees shall be charged to or collected from any person under the
age of 12 years or from members of the U.S. Military or National Guard
to the extent prescribed by regulations authorized by resolution duly
adopted by the Board of Commissioners.
b. $45 per person per season if the application is made to the proper
authority subsequent to the 31st day of May of the bathing season.
c. $36 per person per season, provided that application is made to the
proper authority prior to May 31st of the bathing season.
d. $25 per person per week for any week or fractional part thereof of
the bathing season. Weekly badges shall be valid from 12:00 noon Saturday
until the following Saturday.
e. $10 per day or fractional part thereof in the bathing season.
f. $100 per tag per season for commercial beach tags.
[Ord. No. 07-2022, 12-8-2022]
a. No person 12 years of age or older or such other person who may be exempted under Section
58-10a shall bathe at or otherwise use the beaches set forth in Section
58-9b without having first acquired and then having in his possession a proper and effective badge, license or permit to use the beaches which shall be worn conspicuously by such person during said use so that it shall be visible at all times and which shall be exhibited on demand to the Beach Tag Inspector or other duly authorized representative of the Borough.
b. Holders of current Cape May City beach badges shall be granted access
to Cape May Point beaches via access ramps on Lehigh, Whilldin, Coral,
St. Peter's, Cape, Brainard, Emerald (Pearl), Stites and Alexander
Avenue beaches. Access is limited to transitory use only. Holders
shall not sunbathe, swim, bath, loiter, and engage in any recreational,
sporting or other activity that would cause delay. Such badges shall
be worn conspicuously by the person during said use, so that it shall
be exhibited on demand to the Beach Tag Inspector.
[Ord. No. 07-2022, 12-8-2022]
The following rules and regulations are hereby established,
and it shall be unlawful to violate any of the rules and regulations
or those subsequently adopted resolutions, during the bathing season
or at other times if specifically provided for:
a. The Borough or its duly authorized representatives shall be the sole
and exclusive vendor and/or lessor of the privileges, rights, badges
or permits, as it is hereby deemed unlawful for any person or entity
to purchase or lease the badges from anyone other than the Borough
or its duly authorized representatives.
b. The counterfeiting, copying, duplication or other reproduction of
the beach badges or permits issued by the Borough by anyone other
than the Borough or its authorized representatives is hereby prohibited.
c. The possession of counterfeit and/or fraudulently obtained badges
or permits is hereby prohibited.
d. Any holder of a rental permit that purchases personal seasonal beach
tags for distribution to its customers shall be subject to possible
suspension or revocation of its rental permit.
[Ord. No. 07-2022, 12-8-2022]
a. Adopt by resolution, in addition to the rules and regulations herein
enumerated, such other rules and regulations as may be necessary for
the proper control and regulation of the beachfront and the waters
adjacent thereto.
b. Determine and establish for the current year by resolution:
1. Which beaches will be guarded;
2. Which beaches will be unguarded;
3. Where fishing is allowed during what hours, and the hours of operation.
c. Determine and establish by resolution the period during each year
when each of the paid bathing beaches shall be opened and closed.
d. Employ inspectors, lifeguards and such other employees as may be
necessary to carry out and enforce the provisions of this Article
and all rules and regulations established herein or subsequently adopted
by resolution.
e. Purchase badges, checks or other insignia and such other supplies,
materials and equipment as may be necessary.
[Ord. No. 07-2022, 12-8-2022]
The following conduct is hereby prohibited, and it shall be
unlawful for any person to engage in any of the acts or conduct listed
below during the bathing season or at other times if specifically
provided for:
When a lifeguard, tagger, Borough Commissioner or any Borough employee is required to call the Police to handle any given person, situation or offense, there shall be an additional penalty of $100 to the penalties stated in Section
58-16.
a. To bathe or swim beyond a safe depth in the ocean or bay from time
to time indicated or regulated by the lifeguards.
b. To use a surfboard, canoe, boat or raft of any kind or description
except at locations designated by the lifeguards.
c. To engage in surf fishing in the bathing areas during bathing hours.
d. To fail to obey all orders, directions, whistles or other signals
used by a lifeguard, tagger, Borough Commissioner or Borough employee
and Police.
e. To consume alcoholic beverages on the public beaches.
f. To change clothes, dress, undress or otherwise disrobe except for
the removal of outer wraps.
g. To camp or to sleep or to maintain any structure, such as a tent
or lean-to, on the beach between sunset and sunrise.
h. To act in a loud, indecent, obscene or offensive manner.
i. To revel, disport or behave in a noisy and boisterous manner, emitting
loud cries and other noises, so as to inconvenience others or otherwise
disrupt and disturb the public peace and dignity within the beach
areas defined.
j. To climb upon, stand on or tamper with or handle the lifeguard equipment.
k. To throw, bat or catch a baseball, football, basketball or softball
or to engage in the playing of any games endangering the health and
safety of others. This subsection shall not apply to the playing of
beach tennis or reasonable playing of catch with a soft rubber or
beach ball.
l. To throw, place, deposit or leave any bottles, glass, crockery, sharp
or pointed articles or things, paper, refuse or debris of any kind
on the beaches.
m. To hawk or peddle, sell or offer for sale any article, goods, wares
or merchandise on the public beaches without a proper permit.
n. To park vehicles, loiter, assemble, band or crowd together so as
to interfere or likely to interfere with the ingress and egress of
others at the street ends approaching the beaches.
o. To drive or move any vehicle on the beach at any time during the
entire year without a permit in writing issued by the Clerk or Administrator.
p. To permit dogs or other animals on the beachfront or the waters adjacent
thereto or upon any public walk contained on the beachfront from March
15 to October 31.
q. To fly a kite or kites of any size, shape or description or to attempt
to do so or to propel or cause the movement of any object through
the air, whether manually, mechanically or electrically on any protected
beach during operating hours and in the precautionary zone as designated
by U.S. Fish and Wildlife and/or N.J. Fish and Wildlife.
r. To start or maintain a fire on the beach during any time of the year. Any fire authorized by permit issued by the Municipal Clerk as set forth in Chapter
107, Article
II, must be in a container and debris must be removed from the beach immediately, at the completion of the event.
s. To enter upon, walk upon or to engage in the activity of fishing
from the jetties adjacent to Lehigh Avenue, Whilldin Avenue, Coral
Avenue, Ocean Avenue and Stites Avenue.
t. At any time during the entire year, to engage in wading, swimming,
bathing, fishing, kayaking or other activities in that area of the
beach, jetties, Delaware Bay and/or Atlantic Ocean flowed or covered
by any amount of water in any of the beaches of the Borough of Cape
May designated by resolution of the Board of Commissioners which may
be found on file in the Borough offices.
u. Removing, altering or defacing signs on the beach, jetties or entrances
belonging to the Borough of Cape May Point.
v. No person shall smoke any cigarettes, cigars, pipes or other tobacco
products on the beach front or upon any public walk contained on the
beach front at any time.
w. All fines are doubled for any violations of the above provisions
occurring between the hours of 11:00 p.m. and 6:00 a.m.
[Ord. No. 07-2022, 12-8-2022]
The Borough reserves the right to revoke any beach privileges
granted under this Article for any violations of its provisions or
other rules and regulations, and to suspend, revoke and/or impound
any beach identification badge or permit which has been improperly
used or obtained. Such revocation shall not preclude the imposition
of any other penalties provided for such violation.
[Ord. No. 07-2022, 12-8-2022]
Any person, firm, association, partnership or corporation violating any provision of this Article shall, upon conviction, be liable to the penalties stated in Borough Code Chapter
1, Section
1-5, and the additional penalty as stated in Section
58-14.