[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.]
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.
B.
Daily beach fees of the City of Long Branch shall be sold at daily
rates as follows:
C.
Sale of
holiday beach passes will be from November 1 through January 31, Monday
through Friday, 10:00 a.m. to 4:00 p.m. at a discount rate of $45
for persons ages 18 to 61 and $25 for persons ages 14 to 17, 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; 10-26-2022 by Ord. No. 24-22; 11-22-2022 by Ord. No. 25-22]
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 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. No person
shall engage in the activity of playing volleyball on the beachfront
except in areas and periods of time designated by the City for this
purpose.
[Amended 8-10-2022 by Ord. No. 17-22]
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.
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.
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.
AA.
Tents.
[Added 8-10-2022 by Ord. No. 17-22]
(1)
No
tents, camping tents or canopies are permitted on the beachfront,
except in conjunction with an authorized special events npermit. The
only permitted shade devices on the beachfront shall be:
(a)
Umbrellas with one central shaft/stanchion supporting the umbrella
canopy in an upright or adjustable tilt position up to 90° and
with a top no larger than eight feet across; and
(b)
Baby tents no larger than 50 inches high by 50 inches wide by 36
inches deep utilized for infants and small children and traditional
umbrellas are permitted on the beaches.
(2)
The
Police Department and Recreation Department are authorized and directed
to remove any tent which is creating a hazard or unnecessary disturbance
to others.
BB.
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.
[Added 8-10-2022 by Ord. No. 17-22]
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.
[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.
