City of Long Branch, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Long Branch 1-26-1971 by Ord. No. 590 as Ch. XV of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Beach clubs — See Ch. 114.
Undressing on beaches — See Ch. 247, § 247-2.
Public recreational bathing places — See Ch. 303, Art. II.
Zoning — See Ch. 345.
A. 
Opening and closing dates. For the protection of the general public and for the control of the public bathing beaches of the City in each year, the City Council shall by resolution designate dates for the opening and closing of public bathing beaches, and the period of operation shall extend in accordance with such resolution from a day between May 20 and June 30 in each year to a day between September 1 and September 30 in each year.
B. 
Council to designate certain areas as bathing beaches.
(1) 
The Council shall designate protected public bathing beaches where ropes, buoys, boats and lifeguards shall be provided by the City and from which beaches persons must bathe or swim.
(2) 
No person shall be permitted to bathe or swim on unprotected beaches or during hours protected beaches are closed. During the times that the beach is open for operation, persons shall be permitted thereon upon payment of certain fees and after registration, as provided in § 116-2.
[Amended 7-11-1995 by Ord. No. 26-95]
[Amended 7-11-1995 by Ord. No. 26-95; 10-27-1998 by Ord. No. 36-98; 5-10-2005 by Ord. No. 12-05; 6-12-2007 by Ord. No. 23-07; 5-13-2008 by Ord. No. 8-08; 4-14-2009 by Ord. No. 4-09; 5-12-2010 by Ord. No. 3-10; 4-26-2011 by Ord. No. 10-11; 11-9-2011 by Ord. No. 36-11]
A. 
Seasonal beach passes of the City of Long Branch shall be sold for the summer bathing season (extending from Memorial Day through Labor Day) commencing on February 1 at the below rate classification.
(1) 
Children 13 and under: free admission (ID required).
(2) 
Children 14 to 17: $30 (ID required).
(3) 
Person 18 years of age through 61: $45.
(4) 
Person 62 years of age and over: free admission (ID required).
B. 
Daily beach fees of the City of Long Branch shall be sold at daily rates as follows:
(1) 
Children 13 and under: free admission (ID required).
(2) 
Children 14 to 17: $3 (ID required).
(3) 
Person 18 years of age through 61:
(a) 
Weekdays: $5.
(b) 
Weekends and holidays: $7.
(4) 
Person 62 years of age and over: free admission (ID required).
C. 
Sale of holiday beach passes will be on sale from November 1 through January 31, Monday through Friday, 10:00 a.m. to 4:00 p.m. at a discount of $5 of the current year’s rate at the Tax Collector’s office, City Hall, 344 Broadway, Long Branch, New Jersey, or the Long Branch Recreation Office, 231 Wilbur Ray Avenue, Long Branch, New Jersey, 07740.
[Amended 2-26-2013 by Ord. No. 2-13; 6-13-2017 by Ord. No. 9-17]
D. 
Seasonal beach passes can also be purchased from February 1 through Memorial Day at the regular rate at either the Tax Collector’s office or the Long Branch Recreation Office, 231 Wilbur Ray Avenue, Long Branch, New Jersey, 07740.
[Amended 2-26-2013 by Ord. No. 2-13; 6-13-2017 by Ord. No. 9-17]
E. 
Sale of the seasonal beach passes for the City of Long Branch shall be made at the Long Branch Recreation Office, 231 Wilbur Ray Avenue, Long Branch, New Jersey, 07740, Monday through Friday, from 10:00 a.m. to 4:00 p.m. Starting Memorial Day weekend, badges will be available for sale at our beach office located at Melrose Avenue on the Boardwalk. Seasonal beach badges will be available on a daily basis at Melrose Avenue Beach office only from 10:00 a.m. to 3:00 p.m.
[Amended 2-26-2013 by Ord. No. 2-13; 6-27-2017 by Ord. No. 13-17]
F. 
Persons physically or mentally disabled: free admission. For the purposes of this section, “physically or mentally disabled” means a person who produces evidence that they are receiving social security benefits for a physical or mental disability. U.S. Armed Service Veterans of War, who reside in the City of Long Branch, receive free admission. Veterans should contact the Long Branch Veterans Administration officer to receive their beach pass.
G. 
Anyone fishing from the beach will be allowed on free of charge. Persons fishing must have a New Jersey Department of Environmental Protection Division of Fish and Wildlife Marine Fisheries Saltwater Recreational Registry Program Individual Certificate for free admission.
H. 
Any persons in active military service in any of the Armed Forces of the United States, and their spouses or dependent children over the age of 12; members of the New Jersey National Guard who have completed Initial Active Duty Training, and their spouses or dependent children over the age of 12; and retired members of the New Jersey National Guard will be allowed free beach access with proper identification.
I. 
On any day when the protected public beaches remain open and patrolled by lifeguards beyond 5:00 p.m., the sale of beach badges may continue beyond the standard hour of 4:00 p.m. and may remain open for sale of badges until 7:00 p.m., and any individual who wishes to gain access to the protected public beach must obtain a daily or seasonal beach badge.
[Added 6-26-2012 by Ord. No. 12-12]
The Business Administrator is authorized to employ registrars, cashiers, inspectors, gatemen, lifeguards and such other employees as may be necessary to carry out and enforce the provisions of this chapter, and to purchase books, stationery, badges, checks, coupon books or other insignia and such other supplies and materials as may be necessary.
[Amended 7-11-1995 by Ord. No. 26-95; 10-27-1998 by Ord. No. 36-98; 6-26-2012 by Ord. No. 13-12]
Lifeguards shall be maintained on duty at the protected public bathing beaches between the hours of 9:00 a.m. and 5:00 p.m. except at times when bathing or swimming shall be deemed dangerous or hazardous by the Beach Director, the lifeguard in charge of the beach or other official designated by the Director of Recreation and Human Services. When dangerous conditions exist, a sign shall be displayed indicating that the beach is closed to bathing or swimming, and no person shall bathe or swim in the waters adjacent to the beach, whether protected or not, until the signs are removed. On certain holidays such as Memorial Day, July 4 and Labor Day, or any other day(s) as determined by the City of Long Branch Business Administrator or his designee, the beaches shall remain open and protected from 9:00 a.m. until 7:00 p.m.
Rules and regulations shall be as follows:
A. 
No person shall bathe or swim from the beachfront except from the protected public bathing beaches where ropes, buoys, boats and lifeguards are provided by the city, and only if lifeguards are on duty.
B. 
No person shall use or tamper with any boat, buoy or lifeguard equipment without the permission of the Beachfront Director, the captain of the lifeguards or other official designated by the Council to have authority in that instance.
C. 
Lifeguards shall have charge and control and supervision of the bathing and swimming at the respective beaches where they are stationed.
[Amended 9-8-1987 by Ord. No. 1368]
D. 
No person shall engage in surf fishing in the bathing area during the bathing hours.
E. 
No person shall play baseball or engage in any type of ball playing on the beachfront or in the waters adjacent thereto during bathing hours.
F. 
No person shall engage in any type of rough athletics on the public bathing beaches or in the waters adjacent thereto at any time.
G. 
No person shall disrobe or dress or undress on the beachfront or in the water adjacent thereto, on public streets, in public places, in motor vehicles or any other vehicle on the streets of the City or on the boardwalk immediately adjacent to the beachfront.
H. 
No person shall throw bottles, cans, paper or other refuse upon the beachfront or the adjacent waters, and all refuse and paper and litter shall be placed in receptacles provided therefor.[1]
[1]
Editor's Note: See Ch. 215, Littering.
I. 
No dogs or other animals shall be permitted on the boardwalk or on the beaches or in the waters adjacent thereto or upon any public walk contained on the beachfront, subject to the following:
[Amended 7-8-2008 by Ord. No. 13-08; 11-25-2008 by Ord. No. 24-08]
(1) 
Dogs, cats and other animals shall be permitted on the municipal public beaches from October 1 until April 30; Seaview to Brighton Avenue.
(2) 
Dogs, cats and other animals, except service animals, are prohibited on all beaches from May 1 through September 30.
(3) 
Additionally, in conjunction with the City of Long Branch Beach Management Plan and due to the nesting areas of piping plovers and other endangered species, the City reserves the right to amend this subsection to restrict dogs, cats and other animals where endangered species may exist at any time.
(4) 
All dogs, cats and other animals, including service animals, must be leashed at all times and are prohibited from entering any prohibited areas.
(5) 
Animal owners/walkers must carry a visible device for the removal of animal waste.
(6) 
Any person in violation of any of the terms of this subsection shall, upon first offense, be subject to a fine of up to $100; for a second offense, a fine of up to $250; and for a third offense a fine of up to $2,000.
J. 
No person shall ride a bicycle, roller blades or use a skate board or hover board on the boardwalk/promenade of the City of Long Branch.
[Amended 7-11-1995 by Ord. No. 26-95; 7-8-2008 by Ord. No. 13-08; 4-11-2017 by Ord. No. 4-17]
K. 
No person shall climb over, break, damage or deface any fence, railing, enclosure or other municipal property on the boardwalk or the beachfront.
L. 
No person shall be permitted to enter a public bathing beach or to bring any article or object upon the beach except through an appropriately designated entrance.
M. 
No person shall bring or consume any beer, wine, whiskey or any other intoxicating liquor on the public beachfront or in the adjacent waters or on the boardwalk and/or promenade, except as permitted by §§ 181-15 and 247-4.
[Amended 12-27-2005 by Ord. No. 37-05; 4-11-2006 by Ord. No. 10-06]
N. 
No person shall take or haul any beach sand or soil from the beachfront.
O. 
No hole shall be dug in the public bathing beach in such a manner as to leave a depression more than 12 inches deep in the surface of the land.
P. 
No person shall use surfboards, rafts, or other swimming apparatus upon the protected public bathing beaches or in the waters adjacent thereto at any time lifeguards are on duty. Any person using a surfboard, raft or other swimming apparatus within 300 feet of a protected bathing area shall do so only after securing such surfboard, raft or other swimming apparatus to his or her arm or leg with a surf leash and shall cease the use of such surfboard, raft or other swimming apparatus within that area upon being directed to do so by a lifeguard on duty.
[Amended 7-11-1995 by Ord. No. 26-95; 12-26-2007 by Ord. No. 49-07]
Q. 
No person shall enter into the designated lifeguard area without the permission of the lifeguard in charge, and no person shall molest, bother or annoy the lifeguards in the performance of their duties.
R. 
No person shall start a fire on a public bathing beach at any time without the permission of the Director of Recreation.
[Amended 7-11-1995 by Ord. No. 26-95]
S. 
No person shall place bicycles, baby carriages or any other vehicle upon a public bathing beach or the boardwalk adjacent thereto within 15 feet of a publicly designated entrance to the public bathing beach.
T. 
No person shall, while on or using any portion of the public bathing beach or while bathing or swimming in the waters of the ocean, annoy or molest any other person or utter any offensive or indecent language or in any way act in a disorderly manner.
U. 
No person shall bathe or swim in the Atlantic Ocean from a public bathing beach at a distance greater than that which the lifeguard in charge shall deem safe.
V. 
The Council shall adopt such other and further rules and regulations as may be necessary for the proper control and regulation of the beachfront and waters adjacent thereto, provided that the same does not supersede or annul any provisions of this chapter.
W. 
No person shall place any items, goods or wares on the boardwalk area, whether for storage, sale or lease.
[Added 7-22-1986 by Ord. No. 1282; amended 9-23-1986 by Ord. No. 1292]
X. 
Any person seeking access to a City beach, the waters adjacent thereto or the City boardwalk/promenade may be requested to show and disclose the contents of any cooler, bag, package or similar item being carried in his/her possession.
[Amended 9-8-1987 by Ord. No. 1368]
Y. 
In the event that any person refuses to allow the inspection permitted under Subsection X above, then such person(s) shall be denied access to the City beach, waters adjacent thereto or the City boardwalk/promenade to which he/she is seeking access or, where applicable, his/her privilege to be on or in said area revoked if he/she is already on or in the same.
[Amended 9-8-1987 by Ord. No. 1368]
Z. 
Cigarettes and tobacco products.
[Added 4-22-2003 by Ord. No. 13-03; amended 6-28-2011 by Ord. No. 22-11; 7-25-2017 by Ord. No. 14-17]
(1) 
No person shall smoke any cigarettes, cigars or other tobacco products including electronic or vapor cigarettes and chewing of tobacco on the beach, boardwalk, promenade or any beach area covered by this chapter at any time.
(2) 
The penalty for violation of Subsection Z(1) shall be a fine of $100 for the first offense, $200 for the second offense and $300 for the third offense.
The City reserves the right to lease any portion of the beachfront of the City in accordance with law.[1]
[1]
Editor's Note: Former Section 15-7, North End Bathing Pavilion Fees, containing portions of Ord. Nos. 736, 776 and 911, was repealed 5-28-1991 by Ord. No. 12-91.
[Added 3-8-1994 by Ord. No. 14-94]
A. 
The Council reserves the right to cancel forthwith any privilege, beach badge, insignia or check granted or extended to any person violating any provision of this chapter.
B. 
Any person losing his badge, check, coupon book or other insignia shall lose any rights and privileges under the badge, check, coupon book or other insignia and shall apply for a new badge, check, coupon book or other insignia, paying the necessary monthly, seasonal or daily fee, as the case may be. No replacement badges shall be issued at any time.
C. 
Unless otherwise provided and in addition to any penalty herein set forth, any person who violates or who fails or refuses to comply with any provision of this chapter shall be punishable as provided in Chapter 1, General Provisions, Art. I.
[Amended 10-27-1998 by Ord. No. 36-98]
[Added 2-24-2015 by Ord. No. 4-15]
A. 
Storage lockers, each of which shall be approximately 30 inches wide, 40 inches high and 40 inches deep, shall be made available on City beaches in order to accommodate beach umbrellas, baby strollers, beach chairs, belly boards and/or other beach-related items. The initial fee, which will be set by resolution on an annual basis, shall be due and payable at the time of execution of a rental agreement with the City. The rental of storage lockers shall be available on the Friday prior to Memorial Day through the Sunday following Labor Day. All renters shall execute an agreement with the City that provides as follows:
(1) 
Renters shall provide their own lock for the storage locker for security purposes;
(2) 
Renters shall hold the City harmless for any loss of or damage to stored items;
(3) 
Renters shall relinquish possession of the storage locker to the City no later than the Sunday following Labor Day.
The City reserves the right to confiscate all items that are left in the storage locker once they are relinquished and any such items shall become the property of the City. Existing renters shall have the first right to renew their storage lockers for the following season until March 1, after which rentals shall be made on the first-come, first-served basis.
[Amended 6-13-2017 by Ord. No. 9-17]
B. 
Bathhouses, each of which shall be approximately 44 1/2 inches by 34 1/2 inches by 76 1/2 inches high, shall be made available on City beaches in order to accommodate beach-related items and for changing. The initial fee, which will be set by resolution on an annual basis, shall be due and payable at the time of execution of a rental agreement. The rental shall be available on the Friday prior to Memorial Day through the Sunday following Labor Day. All renters shall execute an agreement with the City that provides as follows:
[Amended 6-13-2017 by Ord. No. 9-17]
(1) 
Renters shall hold the City harmless for any loss of or damage to stored items;
(2) 
Renters shall relinquish possession of the bathhouses to the City no later than the Sunday following Labor Day.
The City reserves the right to confiscate all items that are left in the bathhouse once they are relinquished and any such items shall become the property of the City. Existing renters shall have the first right to renew their bathhouse for the following season until March 1, after which rentals shall be made on the first-come, first-served basis.
C. 
Cabanas, each of which shall be approximately 10 feet deep and eight feet high, shall be made available on City beaches in order to accommodate beach-related items and for changing. Each cabana shall have electric service, and showers shall be located adjacent thereto. The rental of the cabanas will entitle the renter to four seasonal adult beach passes. The initial fee, which will be set by resolution on an annual basis, shall be due and payable at the time of execution of a rental agreement. The rental shall be available on the Friday prior to Memorial Day through the Sunday following Labor Day. All renters shall execute an agreement with the City that provides as follows:
[Added 6-13-2017 by Ord. No. 9-17[1]]
(1) 
Renters shall provide their own lock for the cabanas for security purposes;
(2) 
Renters shall hold the City harmless for any loss of or damage to stored items;
(3) 
Renters shall relinquish possession of the cabanas to the City no later than the Sunday following Labor Day.
The City reserves the right to confiscate all items that are left in the cabanas once they are relinquished and any such items shall become the property of the City. Existing renters shall have the first right to renew their cabana for the following season until March 1, after which rentals shall be made on the first-come, first-served basis.
[1]
Editor's Note: This ordinance also repealed former Subsection C, Fees.