This chapter may be cited and referred to as "The Beach Ordinance of the Borough of Mantoloking.
A.
Access to the Atlantic Ocean beaches within and abutting the Borough of Mantoloking has, with increased population and improved transportation, become a matter of public concern. The character and quality of the access and use of the beach under the Public Trust Doctrine, as applied in New Jersey and proclaimed in various decisions of our Courts, necessitates that each community bordering on the Atlantic Ocean continuously review its policies, facilities, and procedures, together with an evaluation of the use and demand for use of beaches within the community by members of the public. The Borough is a small, fully developed, single-family, tranquil, noncommercial resort and year-round residential community on a very narrow portion of the barrier beach. Except for certain public access routes, the beach at Mantoloking is privately owned, dedicated and restricted to residential use, up to the mean highwater line. These private property rights are subject to the rights of the public under the Public Trust Doctrine.
B.
The Borough of Mantoloking recognizes its obligation to provide public access to the ocean under the Public Trust Doctrine. In furtherance of this obligation, the Borough will provide lifeguarding services at a limited number of locations. Persons utilizing the beach for bathing or swimming at unguarded areas or when lifeguards are not present do so at their own risk. Persons using the beach for surfing, kayaking or any other recreational use are strongly cautioned that they perform such activities at their own risk.
C.
In order to evaluate and implement such participation by the Borough as is deemed appropriate, the Borough has acquired and will continue to acquire relevant data concerning the use of the beaches by requiring those who use the ocean beaches to apply for a seasonal beach badge. Beaches within the Borough are receiving increased use by members of the public who do not reside in the Borough and who may, therefore, not be familiar with local conditions and beach regulations. Further, the increased utilization of the beach by surfers, fishers and kayakers necessitates specific regulation of these activities. Surfing presents inherent risks to its participants and to others; surfers and bathers cannot safely co-exist in close proximity to each other. It is, therefore, deemed necessary to control and regulate surfing so that, to the extent reasonably possible, the interests of all persons using the ocean may be reasonably accommodated.
D.
The Borough of Mantoloking does, by the adoption of this chapter, express its continuing intention to establish and maintain a viable and balanced response to judicial determinations concerning rights, both public and private, to the utilization and enjoyment of the ocean and bay beaches. The procedures, rules and regulations, as set forth and authorized herein, are deemed necessary and appropriate to provide for the health, safety and welfare of all concerned.
E.
This chapter is not intended to be administered, enforced or interpreted in any manner that will expand public rights upon private property within the Borough, but rather to provide for access by the public pursuant to the Public Trust Doctrine and to exercise the Borough's general Police power over areas within its jurisdiction.
As used in this chapter, the following terms shall have the meanings indicated:
Shall mean any public route, way or path providing ingress and egress to the Public Trust Lands to seaward of the Mean High-Water Line.
Shall mean to enter a body of water and to become immersed therein.
Shall mean that area between the Mean High-Water Line and the Seaward Edge of the Dune or upland vegetation along the bay front.
Shall mean that area between the Mean High-Water Line of the Atlantic Ocean, in reference to the North American Vertical Datum of 1988 (NAVD 88) as established by the U.S. Army Corps of Engineers (USACE) and the seaward edge of the dune.
Shall mean any badges issued by the Borough or by a private beach association operating upon beaches within the Borough which provide lifeguard services.
Shall mean the areas defined above ("beach" and "beach area") and any Bay beaches.
Shall mean a watercraft or vessel of any size, and propelled by paddles, oars, sails or an engine.
Shall mean a device, container or apparatus which is utilized to keep things cool.
Shall mean all occupants of a residential unit.
Shall mean garbage, rubbish, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare, or which will degrade the aesthetics of the beach.
Shall mean the line formed by the intersection of the tidal plane of mean high tide with the shore (mean high tide being a mean of all high tides over a period of 18.6 years).
Shall mean the Atlantic Ocean.
Shall mean abutting the Atlantic Ocean.
Shall mean any individual, firm, partnership, corporation or association of persons.
Shall mean the common law doctrine establishing the public's right to access and use navigable waters and tidally flowed lands seaward of the mean high water line which is held in trust by the State for the use by all citizens.
Shall be the area seaward of the mean high water line.
Shall mean lands traversed or covered by flowing navigable waters.
Shall mean being in the water accompanied by a surfboard or other rigid device capable of being ridden erect on a breaking wave. The utilization of a kayak or similar vessel to repeatedly traverse or cross through the surf line, as opposed to the mere launching and landing of same for purposes other than riding waves, shall also be deemed surfing.
Shall mean a long narrow board utilized for surfing equipped with a tethering device to fasten the board to the rider.
Beach badges are required for persons over twelve (12) years of age, from the third Saturday of June to Labor Day of each year, inclusive, between the hours of 10:00 a.m. and 6:00 p.m.
Badges may be purchased at the municipal facilities on Downer Avenue, or such other location(s) as may be advertised, from 10:00 a.m. to 6:00 p.m. Individuals desiring to purchase a seasonal beach badge shall be required to pay a fee of $110 if said badge is purchased between April 1 and close of business on Memorial Day. If the seasonal beach badge is purchased after Memorial Day and on or before Labor Day, the cost of such seasonal beach badge shall be $120. The beach badge shall be valid for the entire summer season of the year it is issued. Half season badges will be available starting the first Saturday in August for $60. Daily badges will be sold for $13 per badge. No replacement badges will be issued without payment of the entire, then current, badge fee. No refunds shall be issued under any circumstances. Any processing fees related to electronic purchases shall be clearly marked on any receipts, and shall be placed in the appropriate fund.
Mantoloking beach badges are not transferable except within households and must be prominently displayed at all times while upon the access routes, beach or adjacent waters during such hours as access to public trust doctrine areas is managed by the Borough and/or its agents.
Surfers, kayakers, paddleboarders and fishers using only the beach area or waters covered under the public trust doctrine at Mantoloking are not required to obtain Borough beach badges during such time as they are actively engaging in surfing, kayaking, paddleboarding and/or fishing. Surfers shall not pay any additional fee for a surfing permit or badge. Surfers are not required to display permits or decals on surfboards.
The Borough or Mantoloking will operate one or more Public Recreational Bathing Beaches pursuant to N.J.A.C. 8:26. Persons utilizing the beach for bathing or swimming at unguarded areas or when lifeguards are not present do so at their own risk. Persons using the beach for surfing, kayaking or any other recreational use are strongly cautioned that they perform such activities at their own risk.
Persons shall not trespass on private beach property not subject to the public trust doctrine or lands covered under Perpetual Easement Agreement with the Borough and the NJDEP.
No person upon the beach and access ways or in or upon adjacent waters shall throw or deposit litter except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements. No person shall throw or deposit litter into the bay or ocean or lands adjacent to same.
No person upon the beach, upon access ways or in or upon adjacent waters shall picnic on the beach or otherwise possess, carry or consume food or beverages on the beach. The possession or consumption of water or any other nonalcoholic beverage in a nondisposable, durable-reusable container is, however, permitted.
No person upon the beach and access ways shall ignite, maintain or allow open fires.
No person upon the beach and access ways shall play amplified music of any kind. Boom boxes, speakers, speaker systems, radios, and other amplification devices are not permitted on the beach.
No person upon the beach and access ways or in or upon adjacent waters shall appear in a state of nudity. No person upon the beach and access ways or in or upon adjacent waters shall disrobe in the open.
No person upon the beach and access ways or in or upon adjacent waters shall play any games. This includes, but is not limited to, paddleball, beach tennis, skim board or throw, bat or catch a baseball, football, tennis, basketball, softball, rubber ball, beach ball, Frisbee or any other object or to fly kites or any other object so close to nonparticipants as to constitute a hazard to them or to disturb the general tranquility of other persons upon the beach.
A.
Unless otherwise permitted by this chapter, no person who owns, keeps or harbors any dog or other animal shall suffer or permit such animal upon any premises, public or private, other than those owned or occupied by such person or upon which private premises the owner shall have a right of presence, unless, leashed, and under the direct and immediate control of a responsible person.
B.
No dogs or other animals shall be permitted upon Borough-owned beaches or upon beaches under Borough jurisdiction, except however:
(1)
Leashed dogs and other animals when accompanied by a responsible person shall be permitted on beaches between May 15th and October 1st, only between sunrise and 10:00 a.m. and from 6:00 p.m. to sunset, however no dog or other animal shall be suffered or permitted to be in or upon the area known as North Lagoon (adjacent to Bergen Avenue) between May 15th and October 1st. This ban and prohibition shall and does extend to and include the entire area from the northerly edge of the street pavement to the water's edge and on the east and west by the lines formed by the extension of the bulkheads, southerly, to the points of intersection with the northern edge of pavement.
(2)
From October 2nd to May 14th dogs and other animals shall be permitted upon beaches and access ways unleashed, but only when under the direct and immediate control of a responsible person.
C.
Notwithstanding the foregoing, no person owning, harboring, keeping or in charge of any dog or other animal upon any oceanfront lot owned or occupied by such person shall fail to remove from the beach and to dispose of in a sanitary manner, any feces deposited by any such animal.
No person upon the beach and access ways or in or upon adjacent waters shall fish within two hundred (200) feet of any swimmer or person in the water.
No person upon the beach and access ways or in or upon adjacent waters shall launch, operate or retrieve any boat within two hundred (200) feet of any swimmer or person in the water.
No person upon the beach and access ways or in or upon adjacent waters shall operate vehicles of any nature whatsoever with the exception of Borough-owned or sponsored vehicles and life-saving emergency vehicles operated by beach associations.
No person upon the beach and access ways or in or upon adjacent waters shall enter the water, swim or attempt to swim or surf under conditions which are beyond the apparent capacity of the person and which may endanger others. All individuals that swim or attempt to swim or surf in the water do so at their own risk.
No person upon the beach and access ways or in or upon adjacent waters shall fail to respond to directions of Borough personnel or agents consistent with the enforcement of this chapter.
A.
Umbrellas with a collapsible circular shade no greater than eight (8) feet in diameter stretched over hinged ribs radiating from a center pole no greater than 7 feet 6 inches in height, and without grounding lines, ropes, or sides are permitted on the beach.
B.
Devices designed or used to shade infants and small children, also known as "baby tents," no larger than 36 inches high by 36 inches wide by 36 inches deep, are permitted on the beach.
C.
Umbrellas and baby tents shall be secured such that uncontrolled movement of the device is restricted. Baby tents and canopies when secured with fasteners, stakes, weights, or the like shall not endanger beach patrons. Anchoring lines, tethers, or the like shall not extend beyond the perimeter of the baby tent or canopy.
D.
Umbrellas and baby tents shall be removed from the beach daily.
E.
Excluding umbrellas and, baby tents described above in this subsection, other shading devices including, without limitation, tents, tarps, canopies, cabanas, pavilions, temporary restroom facilities, and similar devices, or any materials mounted on supports are prohibited except in connection with an approved special event or ceremony.
A.
No person shall sleep upon the beach between the hours of 6 p.m. and 10 a.m.
B.
Smoking in public places prohibited. “Smoking” under this section is defined as the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, including any handheld electronic device which vaporizes a liquid (e.g., e-cigarettes, e-cigs, electronic nicotine delivery systems, electronic non-nicotine delivery systems, personal vaporizers, PVs), or any other matter or substance which contains tobacco, marijuana, cannabis, cannabis item or any other matter that can be smoked. Smoking is also prohibited within 15 feet of any beach ramp and accessway that is open and available to the public.
Surfing regulations shall be enforced during the same dates and times that the Borough enforces beach regulations regarding bathers and swimmers, i.e., from the third Saturday in June to Labor Day of each year, inclusive, between the hours of 10:00 a.m. and 6:00 p.m.
Surfing within two hundred (200) feet of a bather or swimmer is prohibited.
Surfers shall at all times, possess and display, upon request, a current Borough beach badge or a current badge issued by the South Beach Association if they are not actively engaging in surfing.
Surfers shall at all times, utilize a tether device while surfing.
Surfers shall at all times comply with all other provisions of this chapter, as amended, and all other regulations not inconsistent with this chapter.
This chapter and the rules and regulations set forth herein or as may hereafter be adopted by resolution of the Borough Council shall be enforced by the Chief of Police utilizing law enforcement officers and/or such other Borough personnel as may be made available for this purpose. The complaint of any person who may allege a violation of this chapter shall be accepted and prosecuted in the same manner, as though initiated by the within described enforcement personnel.
Notwithstanding any other section of this Chapter or any other ordinance, the maximum penalty for violating any provision of this Chapter shall be, in the discretion of the Court, a fine of up to two thousand dollars ($2,000.00) but not less than one hundred ($100.00) dollars; and/or detention for not more than five (5) days; and/or a period of community service not exceeding ninety (90) days.