The following rules, regulations and provisions for the use, maintenance, policing and government of the beachfront, boardwalk, bathing beaches and bathing and recreation facilities, safeguards and equipment shall be observed and binding upon all persons using such facilities in the Borough. The provisions herein are for the protection of the general public and for the control and protection of the beachfront of the Borough.
[Adopted 8-9-1955 (Secs. 8-1 through 8-10 of the 1974 Code)]
The Borough Council may by annual resolution designate a specified period of time that the beachfront and bathing facilities of the Borough shall not be used by any person unless the person registers and pays the fee hereinafter provided. The use of the bathing beaches and facilities shall thereafter be in strict compliance with the terms of this article.
A.
Required. Each person using the Borough beachfront and the waters adjacent thereto for swimming purposes and each person clad in bathing attire, sun suit or shorts, except children under 13 years of age, shall, before entering upon the same, register with the duly authorized employees or agents of the Borough employed for that purpose, giving his name and address in the Borough and such other information as may be required by the Borough Council in order to receive the required badge, check or other insignia necessary to enter or leave the beach.
[Amended 7-26-2016 by Ord. No. 2016-34]
B.
Badge identification.
(1)
Each person so registered shall be furnished with a badge, check or other insignia numbered or marked for identification purposes, and which shall be worn conspicuously by the registrant and be visible at all times. It shall be exhibited at any time on demand to the guards, beach inspectors, special police or Police Department officers or authorized agent therefor. At the time of registration, the number of the badge, check or other insignia shall be entered upon the registrant's card opposite his name and address so that he may be readily identified at all times in case of accident, sickness, death or any other purpose. The Borough or its agents may withhold the issuance of any badge, check or other insignia for a reasonable period of time to enable an investigation to be made of the registrant in order to determine his right to the issuance of the badge, check or other insignia.
(2)
No person shall apply for a badge, check or other insignia except in his own name, and he shall sign his name on the registrant's card.
C.
Transferability. Weekly, monthly or seasonal badges or passes shall be transferable at the discretion of the badge or pass holder.
[Amended 10-25-2018 by Ord. No. 2018-25]
D.
Badges required for entry on beach. No person except children under the age of 13 years shall use the beachfront and the adjacent waters for swimming purposes nor enter upon the beachfront unless registered in accordance with the provisions of this article and displaying the required badge, check or other insignia, whether the person has paid the fee for daily use, seasonal use or any other period of time.[1]
[Amended 2-25-1986; 10-25-2018 by Ord. No. 2018-25]
[1]
Editor's Note: Original Sec. 8-2.4A, Badges Required for Entry to Municipal Pool, added 7-10-1990, which previously followed this subsection, was repealed 2-8-2005 by Ord. No. 2005-2.
E.
Fees. The fees for badges, checks or other insignia shall be paid at the time of registration. The fees are set by yearly resolution of the Mayor and Council and are on file in the Borough Clerk's office.[2]
[Amended 1-22-1980; 4-27-1982; 3-27-1984; 3-26-1985; 2-25-1986; 2-8-2005 by Ord. No. 2005-2]
[2]
Editor's Note: Original Sec. 8-2.6, Modification of Fees, which previously followed this subsection, was repealed 2-8-2005 by Ord. No. 2005-2.
F.
Purpose of charges and fees. The charges and fees provided for herein shall be used to improve, maintain and police the beachfront to provide the beaches, lifeguards, boats, ropes and other facilities, safeguards, and equipment for public bathing and recreation and to provide for all equipment for the protection and safety of swimmers using the beachfront and to provide funds to protect the beachfront from erosion, encroachment and damage by the ocean or otherwise.
G.
Fee for disabled or handicapped.
[Amended by Ord. No. 1995-07]
(1)
There is a need to provide access to the beaches located within the Borough to disabled persons at a discounted rate.
(2)
The season beach badge fee for handicapped or disabled individuals shall be $25.
(3)
In order to qualify for a reduced rate, the individual must produce proof of a social security identification disability card at the time of purchase.
H.
Beach badges for emergency volunteers. All current active members of the Bradley Beach Fire Department and the Fire Department Auxiliary and all current and active members of the Bradley Beach First Aid shall be exempt from the payment of any fee for the acquisition of a Bradley Beach seasonal beach badge. Any such member shall be entitled to a free seasonal beach badge upon proof of the member's active status in the organization. It is the intention of this subsection not only to reward members of these volunteer organizations but also to encourage members to utilize the beach in order to enhance public safety and to increase response time for emergencies on the beach.
[Amended by Ord. No. 1996-10]
I.
Beach badges for military veterans. Persons who are veterans of the United States military, possessing a discharge under honorable conditions or other than dishonorable discharge, or have been deemed by the Department of Veterans Affairs to have sustained a service-connected disability, shall be entitled to free admission to the public beaches.
[Amended by Ord. No. 1996-15; Ord. No. 1997-06; 2-8-2005 by Ord. No. 2005-2]
(1)
There will be a processing fee of $5 charged for any new or replacement veterans beach badge.
J.
Active military. Active military, their spouses and dependents shall be entitled to free admission to the public beaches.
[Added 10-25-2018 by Ord. No. 2018-25]
The Borough Council shall employ registrars, cashiers, inspectors, police guards, lifeguards and such other employees as it may deem necessary to carry out and enforce the provisions of this article, and to purchase books, stationery, badges, checks or other insignia and such other supplies and materials as it may deem necessary.
The Borough Council may, in addition to the rules and regulations herein enumerated, adopt by resolution or otherwise such other rules and regulations it deems necessary for the proper control and regulation of the beachfront and the adjacent waters.
Separate bathing beaches with ropes, boats and lifeguards shall be provided on the beachfront and the adjacent waters for the protection of bathers and to prevent congestion. Such beaches shall be designated by the Borough Council.
A.
Hours of employment. Lifeguards shall be maintained on duty at established protected bathing beaches during the bathing hours of 9:00 a.m. to 5:00 p.m. daily and 9:00 a.m. to 6:00 p.m. on weekends and holidays from May 31 on weekends until the middle of June when the beaches will be open daily through Labor Day, except at such times when swimming is deemed dangerous or hazardous by the Beach Manager, Chief Lifeguard or by the captain of the lifeguards or the lifeguard in charge of the beach. When such dangerous conditions exist, the beach shall be closed for swimming, and no person shall swim in the waters adjacent to the beach, whether protected or not.
[Amended 6-11-1968; 2-8-2005 by Ord. No. 2005-2; 10-25-2018 by Ord. No. 2018-25]
B.
Powers of lifeguards. Lifeguards shall have full police power and shall have complete charge, control and supervision of swimming at the respective beaches where they are stationed. All orders or directives of the lifeguards in dealing with any of the provisions of this article shall in all respects be fully complied with by any person using the same.
A.
Swimming at protected beaches. No person shall swim from the beachfront or in the adjacent waters except from protected bathing beaches where ropes, boats and lifeguards are provided, and only when lifeguards are on duty. Any person swimming at hours other than when lifeguards are on duty shall do so entirely at his own risk and responsibility.
B.
Swimming at night. No person shall swim in any waters adjacent to the beach, at night or during hours of darkness.
[Amended 10-25-2018 by Ord. No. 2018-25]
C.
Surf fishing. No person shall engage in surf fishing in any bathing area during bathing hours.
D.
Lifeguard equipment. No person shall use or tamper with any boat or other lifeguard equipment without the express permission of the captain of the lifeguards or the lifeguard in charge of the beach.
[Amended 2-8-2005 by Ord. No. 2005-2]
E.
Disposal of litter.[1] No person shall discard refuse, including but not limited to cigarette butts, cigar butts, and other tobacco products, in the beachfront area. Bottles, cans, newspaper, clean paper and other recyclable materials shall be placed in marked recyclable containers provided by the municipality. All refuse, paper and litter shall be placed in refuse containers provided by the municipality. The maximum penalty for violating this regulation is set forth in Chapter 1, Article II, General Penalty, of the Borough Code. The minimum penalty is $100 and two days' community service.
[Amended by Ord. No. 2003-01; 2-8-2005 by Ord. No. 2005-2; 3-26-2019 by Ord. No. 2019-11]
F.
Alcoholic beverages.[2] No person shall bring or consume any beer, wine, whiskey, or other intoxicating liquors on the beachfront, in the waters, or on the boardwalk or promenade except as specifically provided below:
[Amended by Ord. No. 1996-17]
(1)
The Mayor and Council of the Borough of Bradley Beach may, by resolution, allow wine and beer to be consumed at the concession located at Ocean Avenue and Second Avenue subject to the following conditions:
G.
Ball playing. During bathing hours no person shall engage in any activity in which there is the throwing, tossing, or pitching of any article, such as a ball, frisbee or the like, on the beach or in the adjacent waters. Any activity which requires running on the beach during bathing hours is also prohibited. Volleyball playing is permitted in areas so designated by the Borough.
[Amended 7-12-1988]
H.
Animals.[3] Except as specifically set forth herein, no person owning, keeping or harboring any animal shall permit it to be on the boardwalk, the promenade, the walkway, or any public land located east of the sidewalk area on Ocean Avenue. However, from October 1 to May 15, it shall be lawful to allow dogs and other domestic animals to be on the public beach area in the Borough. During this period, the dogs or other domestic animals may be unleashed at the beach but must be accompanied by the owner or the owner’s representative. Any such animals must be taken directly onto the public beach area. During the applicable time period, soley for the purpose of gaining access to the public beach area, it shall be lawful for said animals to cross over the boardwalk, promenade, walkway, and public area. The prohibitions contained in this subsection shall not apply to Seeing Eye dogs, guide dogs, or other guide animals.
[Amended 7-10-1979; 7-24-1990; by Ord. No. 1996-24; 9-28-2010 by Ord. No. 2010-8; 2-27-2018 by Ord. No. 2018-3]
I.
Motor vehicles and motorized/powered bicycles. No person or persons shall ride bicycles, skates, roller blades, skateboards, scooters, motorcycles, mopeds, and/or motor-assisted or powered bicycles, skates, roller blades, skateboards, scooters, or any other motor vehicles of any type on the promenade, or any of the public land located east of Ocean Avenue unless in an official capacity of the municipality; however, nonmotorized and unpowered bicycles may be ridden on the promenade or public land between the hours of 12:00 midnight and 9:00 a.m. from May 15 through September 15. From September 16 through May 14, only nonmotorized and unpowered bicycles may be ridden on the promenade at any time. This subsection does not apply to any type of motorized carts or powered wheelchairs used to assist persons with disabilities.
[Amended 8-24-1976; 1-25-1983; Ord. No. 1998-02; 6-28-2022 by Ord. No. 2022-6; 4-26-2023 by Ord. No. 2023-7]
J.
Interfering with lifeguards. No person shall molest, bother, annoy or interfere with any lifeguards in the performance of their duties.
K.
Midnight limit. No person shall remain upon the beach sand after 12:00 midnight except those engaged in surf fishing.
L.
Disrobing. No person shall disrobe, dress or undress on the beachfront, in the adjacent waters or on the boardwalk immediately adjacent to the beachfront, or on any public streets, public places, or in any vehicles on the streets of the Borough.
M.
Destruction of property. No person shall climb, damage or deface any fence, railroad, enclosure or other Borough property on the boardwalk or beachfront.
N.
Entry on beach. No person shall be permitted to enter the beachfront or beach area except through a publicly designated entrance.
O.
Removing sand. No person shall remove any beach sand or soil from the beachfront.
P.
Holes. No hole shall be dug in the beachfront in such a manner as to leave a depression more than 12 inches deep in the surface of the land.
Q.
Obscenity. No person shall model, draw or depict any obscene or rude figures upon the beachfront.
R.
Dangerous objects. No person shall use any appliances, equipment or objects which might cause injury to bathers and swimmers on the beach, sand, beachfront or in the adjacent waters.
S.
Glass. No glass bottles, containers or glass objects of any kind shall be permitted on the beachfront or in the adjacent waters at any time.
T.
Placing of vehicles. No persons shall place bicycles, baby carriages or any other vehicles upon the beachfront or boardwalk within 10 feet of a publicly designated entrance to the beachfront unless a special area is designated for that purpose.
V.
Gambling. No gambling, gaming or wagering of any type shall be permitted on the beachfront or in the adjacent waters at any time.
W.
Disorderly conduct. No person shall, while on or using any portion of the beachfront or while swimming in the waters of the ocean adjacent thereto, annoy or molest any other person or utter any offensive or indecent language or in any way or manner act in a disorderly manner.
X.
Transporting of gasoline prohibited. No person or persons shall, unless in an official capacity of the municipality, possess, transport, or store gasoline, or other combustible materials, including, but not limited to, propane flame or electric burners, on the beaches or adjacent boardwalk in the Borough of Bradley Beach.
[Added 10-24-1989; amended 5-10-2016 by Ord. No. 2016-16]
Y.
Smoking restrictions on beach and beachfront areas.
[Added by Ord. No. 2003-01; amended 2-8-2005 by Ord. No. 2005-2; 11-9-2010 by Ord. No. 2010-13; 2-14-2012 by Ord. No. 2012-1; 5-27-2014 by Ord. No. 2014-13; 10-25-2018 by Ord. No. 2018-25]
(1)
No person shall smoke a cigarette, cigar or chew any tobacco/nicotine product or any other smoking substance, including e-cigarettes, on the beach or beachfront area at any time.
(2)
For purposes of this subsection, the term "beachfront area" shall mean all public areas, including, but not limited to, boardwalk areas, access ramps, grass areas, sidewalk areas, paver areas, areas leased to third parties, and other areas subject to the control or jurisdiction of the Borough of Bradley Beach east of the easterly curbline along Ocean Avenue, in the Borough of Bradley Beach.
Z.
Tents or canopies. No person shall bring, erect or install a tent or canopy on the beaches. Only baby tents no larger than 48 inches high by 49 inches wide by 36 inches deep utilized for infants and small children and traditional umbrellas are permitted on the beaches; as defined: collapsible shade for protection against weather, consisting of fabric stretched over hinged ribs radiating from a central pole (especially a small one for carrying in hand).
[Added 5-10-2016 by Ord. No. 2016-16; amended 8-8-2017 by Ord. No. 2017-20; 3-26-2019 by Ord. No. 2019-7]
AA.
Tables and trays
[Added 5-10-2016 by Ord. No. 2016-16]
BB.
Cannabis prohibited. No person shall bring or consume any cannabis items on the beachfront, in the waters, or on the boardwalk or promenade of the Borough.
[Added 5-11-2021 by Ord. No. 2021-12]
The applicant for permission to use the facilities herein described shall sign an application containing such provisions as may be established by the Borough Council. He shall waive all liability on the part of the Borough by reason of any injury, loss or damage while on the beachfront, bathing beaches, boardwalk or in the adjacent waters and shall agree to abide by all of the provisions of this article and the rules, regulations and facilities herein described.
[Amended 12-30-2005 by Ord. No. 2005-28; 2-8-2005 by Ord. No. 2005-5; 5-24-2005 by Ord. No. 2005-18; 1-12-2010 by Ord. No. 2009-18; 5-4-2013 by Ord. No. 2013-5; 7-27-2021 by Ord. No. 2021-21; 3-4-2025 by Ord. No. 2025-10; 11-25-2025 by Ord. No. 2025-38]
This section shall regulate the use of the Borough's beach lockers and shall establish policies and procedures related thereto.
A. BEACH LOCKER LEASE HOLDER PROPERTY OWNER RENTER SEASON
Definitions. For the purposes of this section, certain terms shall be defined as follows:
Shall mean a single storage unit located on the beach for storage of beach chairs, umbrellas and other beach-related items. Locker dimensions are approximately 32 inches wide, 48 inches high and 48 inches deep.
Shall mean a Borough property owner and/or year-round renter of the Borough who has executed a lease with the Borough for lease of a beach locker.
Shall mean an individual who is listed on the tax rolls of the Borough.
Shall mean an individual who is a named tenant on a residential lease whose term is for at least 12 months and who identifies Bradley Beach as their primary residence.
Shall mean the period commencing the Saturday of the weekend immediately preceding Memorial Day weekend through the Sunday following Labor Day. The Borough may, extend the season through the last Sunday in September should weather conditions allow for the protection of the beach lockers and stored items.
B.
Eligibility for lease. To be eligible to lease a beach locker each year, lease holders must meet the following requirements:
(1)
At the time of the initial lease and at the time of renewal, the lease holder must provide documentation that the lease holder is a property owner in Bradley Beach or a residential lease wherein the lease holder is a named tenant for a rental period of at least 12 months and/or other documentation evidencing that Bradley Beach serves as the lease holder's primary residence, including, but not limited to, a valid New Jersey driver's license.
(2)
Full-time Bradley Beach employees. First Aid volunteers, and Fire Department volunteers shall be eligible so long as they maintain such employment or active volunteer status.
(3)
Lease agreements shall be limited to one locker per residential unit. In the event that an individual or family satisfies the eligibility criteria for multiple properties within the Borough, no more than one lease for a beach locker will be granted to said individual or family.
C.
Lease required. All users shall execute a lease with the Borough, whereunder the lease holder shall provide their own lock for security, hold the Borough harmless for any loss of stored items, and relinquish possession of the locker no later than the last Sunday in September each year. Leases shall not be assigned nor shall any leased lockers or privileges be sublet or reassigned. Subject to the provisions of § 123-10G, existing lease holders shall have the first right to renew their beach lockers until April 1 annually, after which date available beach lockers will be leased on a first-come, first-served basis. The annual rental fee is due and payable at the time of lease execution. No person other than lease holder and immediate family members shall use the Borough beach locker.
D.
Prohibited acts. The following acts are prohibited:
(1)
Using the beach locker without a signed lease.
(2)
Storing flammable or toxic liquids or materials.
(3)
Storing food.
(4)
Using the beach locker outside the dates of the season.
(5)
Subletting, assigning and/or transferring the beach locker lease.
(6)
Defacing or damaging the beach locker.
(7)
Nailing, anchoring or affixing anything to the interior and/or exterior of the beach locker.
(8)
Placing any writing, markings or painting on the beach locker.
E.
Removal of unauthorized storage. The Bradley Beach Police Department is authorized and directed to make all necessary arrangements for the removal of any items stored in any beach locker contrary to this section. The Bradley Beach Police Department shall have the authority to enter any beach locker being used in violation of this section. The Police Department is authorized to retain the services of a locksmith to open any beach locker used in violation of this section. Any materials or belongings removed from the beach locker shall be deemed abandoned.
F.
Initial and annual fees. All beach locker fees shall be determined by resolution of the Bradley Beach Borough Council. Initial fees shall reflect the estimated replacement cost of a single beach locker, and may be amortized over the reasonable useful life of the beach locker. Termination of the lease by the Borough shall not entitle the lease holder to reimbursement of any portion of lease fees paid.
G.
Temporary extension of existing leases. As of January, 1, 2026, all existing leases may be renewed for one additional season by no later than April 1, 2026. Subsequent to April 1, 2026, all leases and renewals shall be subject to the eligibility requirements set forth in Subsection B hereinabove.
[Amended 10-25-2018 by Ord. No. 2018-25]
The Borough Council may cancel any privilege, badge and/or tag granted or extended to any person who violates any of the provisions of this article.