[HISTORY: Adopted by the Mayor and Council
of the Borough of Lavallette. Amendments noted where applicable.]
Pursuant to N.J.S.A. 40:61-22.20, places of
resort are hereby established in this municipality for the public
health, recreation and entertainment, including boardwalks, beaches,
bathing and recreational facilities safeguards and equipment. The
following locations are hereby designated as such places of resort:
A.
At the oceanfront upon all of the lands owned by the
municipality fronting on the Atlantic Ocean, in those portions of
a tract of land sometimes known as “Ocean Avenue, “together
with the lands east of and adjacent thereto in the municipality wherein
the municipality has ownership, easement rights or the right to use
and occupy the same.
B.
All the lands owned by the municipality fronting on
Barnegat Bay.
C.
All lands owned by the municipality bounded by Elizabeth
Avenue on the south, State Highway 35 South on the east, Jersey City
Avenue on the north and Baltimore Avenue on the west, commonly known
as the ”Municipal Ballfield.”
D.
All municipal
land commonly known and used as a municipal tennis court.
[Added 2-22-2011 by Ord. No. 2011-01 (1091)]
E.
All municipal
facilities located on municipal land and commonly called the municipal
ice skating rink.
[Added 2-22-2011 by Ord. No. 2011-01 (1091)]
Unless the context otherwise requires, the meaning
of the terms used in this section shall be as follows:
A shoe, boot or other foot covering with wheels attached
to the bottom in a single vertical row from toe to heel.
A pedal bicycle having a helper motor as defined within N.J.S.A.
39:1-1.
A scooter as defined within this section, with a helper motor
of any size, dimension or horsepower.
A shoe, boot or other foot covering with wheels attached
to the bottom.
A foot-operated vehicle consisting of a foot board or deck
mounted between two wheels tandem with an upright steering handle
attached to the front wheel.
A flat or curved narrow board or deck, with urethane or other
type wheels attached to the bottom, by trucks, axles or other means.
Said places of resort shall be maintained by
the municipality from the effective date of this article.
A.
The municipality shall acquire, construct, use and
maintain such boardwalks, beaches, bathing and recreational facilities,
safeguards and equipment as shall be necessary for the proper establishment
and maintenance of said places of resort.
B.
The municipality shall have the right and authority
to purchase, rent or otherwise acquire lifeboats, ropes, poles and
other safeguards and equipment for the recreation, protection and
safeguard of those persons utilizing the said places of resort.
The municipality shall hire, employ and pay
such lifeguards, and other seasonal employees as shall be required
for the proper maintenance of said places of resort.
The municipality shall have the right to police
said places of resort and to hire, engage and pay such police officers
as shall be necessary for their proper policing.
The municipality shall have the right to protect
said places of resort from erosion, encroachment and damage by sea
or otherwise and to construct and maintain public boardwalks, walks
and approaches thereto.
The municipality reserves the right to:
A.
Designate, by resolution, the specific areas wherein
bathing beaches shall be established and vacated from time to time,
as safety shall require.
B.
Adopt resolutions setting up proper regulations for
the administration of said places of resort.
C.
Engage and discharge personnel for the administration
of said places of resort.
D.
Determine the hours, dates and times when bathing
beaches shall be opened and closed.
[Amended 4-5-2004 by Ord. No. 2004-02 (937); 4-24-2006 by Ord. No. 2006-02 (994); 2-9-2009 by Ord. No.
2009-01 (1054); 3-9-2009 by Ord. No. 2009-02 (1055)]
A.
In order to provide funds to improve, maintain and
police said places of resort, protect the same from erosion, encroachment
and damage by the sea or otherwise and provide facilities and safeguards
for public bathing and recreation, including employment of lifeguards
and the purchase and maintenance of rescue and first-aid equipment,
the Borough Council shall annually determine by resolution the following
registration fees to be charged and collected, including preseason
registration fees and the period of time for sale thereof, for the
use of the oceanfront and bayfront beaches, bathing and recreational
facilities of same:
[Amended 12-20-2010 by Ord. No. 2010-18 (1090); 12-8-2014 by Ord. No.
2014-08 (1133); 10-17-2016 by Ord. No. 2016-11 (1155); 2-21-2017 by Ord. No. 2017-04 (1164); 11-18-2019 by Ord. No. 2019-10 (1200); 4-6-2020 by Ord. No. 2020-03 (1203); 3-8-2021 by Ord. No. 2021-02 (1209); 11-15-2021 by Ord. No. 2021-11 (1218)]
(1)
For each daily badge: (Determined yearly by resolution of the Council);
(2)
For each weekly badge: (Determined yearly by resolution of the Council).
A "week" is defined as the period from Saturday through the following
Saturday;
(3)
For each full-season badge: (Determined yearly by resolution of the
Council):
(a)
For each full-season badge for any person who is 65 years of age
or older: (Determined yearly by resolution of the Council).
(b)
For persons who meet the disability criteria for disability benefits
under Title II of the Federal Social Security Act: (Determined yearly
by resolution of the Council).
(c)
For all disabled veterans of any military service and all military
service personnel on active duty status: Free.
(4)
A fee of 3% will be added to the price of each badge purchased when
the purchase of the badge(s) is made through the use of a credit/debit
card. Credit cards shall only be MasterCard, Visa and Discover.
(5)
For each preseason badge, provided that the badge is purchased during
the period of time designated by resolution of the governing body
for preseason badge sales: (Determined yearly by resolution of the
Council).
(6)
No fees shall be charged or collected from any person under the age
of 12 years for a beach badge for the use of the beaches and bathing
facilities.
(7)
The Borough Council shall determine, approve and publish said rates
adopted pursuant to this section on or before the fourth week of November
of each year, to be effective on December 1 of the same calendar year.
B.
Tennis and
other recreation courts; boat storage.
[Added 3-8-2021 by Ord. No. 2021-02 (1209)[1]]
(1)
For the use of any municipally owned tennis court during the bathing
season: $5 per hour; however, no fees shall be charged to or collected
from children 12 years of age and under for use of any municipality-owned
tennis courts. No fees shall be charged to or collected from children
12 years of age and under for use of any municipality-owned tennis
courts. No fees shall be charged to or collected from any person under
the age of 18 years of age for use of any municipally owned tennis
courts during the bathing season Monday through Friday, between the
hours of 1:00 p.m. and 3:00 p.m. Admission to and use of the municipally
owned tennis courts during these hours shall be limited to persons
under 18 years of age, except one adult over 18 years of age paying
the regular fee may accompany one child under 18 years of age.
(2)
For each boat beached or stored in an area designated by the Borough
on the municipally owned bayfront: $100. Payment of the fee required
by this subsection shall be in addition to payment of any other fees
required by this section. Each boat shall bear a decal issued by the
municipality as evidence of registration. The decal shall be valid
for the duration of the bathing season in which it is issued. The
Borough may remove from the municipality-owned bayfront any boat which
has not been properly licensed or which remains beached or stored
on the municipality-owned bayfront after October 31 of any year and
store the same. In such event, the owner shall, in addition to any
applicable penalty or fine, pay to the Borough the costs of removal
and storage as provided in this article or allowed by law.
(3)
For each boat docked or moored at the municipal pier located at the
westerly terminus of Jersey City Avenue: $1,100 per season. These
facilities shall be made available to permanent residents or property
owners of the Borough prior to the commencement of the bathing season.
On or after the first day of the bathing season, facilities shall
be available to any person making application therefor.
C.
The term "bathing season" used above is intended to
refer to that part of any calendar year during which the municipality
shall have officially opened its places of resort for public use.
D.
All boats beached or moored pursuant to Subsection
A(8) and (9) shall be registered with the State of New Jersey, and
proof thereof must be presented in order for a permit to be issued
to the applicant. The permit shall be issued in the name of the owner
of the boat and shall not be transferable to any other boat. Only
one boat may be beached or moored in any space or boat slip. No beach
or slip may be used for commercial purposes.
E.
If there is any violation of the provisions of this
article by a permit holder, the permit shall automatically be revoked.
F.
In the event that a boat is removed from the municipality-owned
bayfront or municipal pier because it has not been properly licensed
or it remains beached, stored or moored after the expiration of the
period covered by the permit, the Borough shall be entitled to be
paid $50 for removing the boat and $10 for each day it is stored after
being removed.
G.
The Borough of Lavallette Borough Council recognizes that commercial for-profit individuals and business entities have increasingly sought to use such places of resort for activities which encourage physical well-being and healthy competition against oneself and other participants. However, the use of such public facilities and places of resort has increasingly placed a strain on municipal resources, including employee overtime, cleanup expenses and maintenance expenses. A permit shall be required to be obtained by any commercial for-profit organization or individual for the use of any of the places of resort set forth in § 7-1A through E for any commercial for-profit activity such as a lesson, class, school, race or competition, time trial, triathlon or biathlon, and regardless of whether such commercial or for-profit activity is offered on a regular or irregular schedule and regardless of whether such commercial or for-profit activity is conducted on a single day or on a series of days.
[Added 2-22-2011 by Ord. No. 2011-01 (1091)]
(1)
The commercial
for-profit applicant for a permit shall complete an application stating
the principal office of the application and describing the activity(ies)
proposed to be conducted and the date(s) and time(s) thereof, the
number of expected participants, and the name, telephone number and
e-mail if known of the person or persons who will in charge of conducting,
the activity(s) on the date(s) and time(s) of the proposed event.
The Borough may impose additional information requirements in the
application from time to time, including but not limited to a waiver
of insurance subrogation.
(2)
The commercial
for-profit applicant for a permit shall provide a certificate of insurance
for the activity described in the application naming the Borough of
Lavallette as an additional insured, or a confirmation that the commercial
for-profit applicant has insurance for the activity(s) described in
the application which covers the Borough of Lavallette for any general
risk.
(3)
The commercial for-profit applicant shall require that all of its participants shall obtain a minimum of daily use beach permits as described in § 7-9A if the participant will be present on any place of resort requiring a beach badge, in addition to the application and permit activity fees set forth herein.
(4)
The commercial
for-profit applicant shall pay the fees for the application as otherwise
required, including but not limited to any deposit for cleanup and/or
damages, and in addition shall pay a permit activity fee of 10% of
gross revenues collected for the activity(s). Such additional fee
shall be paid by the commercial for-profit applicant within 10 days
of the last date of the event and shall be paid into the general revenue
of the Borough of Lavallette.
(5)
The Borough
Council, by resolution in January of each year subsequent to the year
of adoption of this subsection and its effective date, may adjust
the percentage of gross revenue set forth in § 9-7F without
enacting a revised ordinance, but in no case shall the percentage
of gross revenue be adjusted more than 1% at any time.
(6)
One-day food truck events permits.
[Added 4-3-2017 by Ord.
No. 2017-06 (1166)]
(a)
An applicant for use of a facility for an event may apply for a permit
to allow one or more food trucks to participate in the event. The
applicant shall list all food trucks intended to be located at the
event in the facilities use application. The applicant must provide
the following information on a separate sheet attached to the facilities
use application for each food truck:
[1]
Name of food truck;
[2]
Make, model, and license plate number of vending unit;
[3]
Owner's contact information;
[4]
Operator's contact information;
[5]
Signature by applicant and food truck indicating agreement to
the listed requirements for operation of a food truck at the planned
event;
[6]
Proof of valid insurance policy that provides liability coverage
against any claims or damages of any kind at the event and names the
Borough as an additional insured and provide a copy of such policy
to the Borough at the time of the application.
(b)
Participation by one or more food trucks at the applicant's event
is subject to the following requirements:
[1]
Food trucks must have a current certificate of inspection from
the County or Municipal Board of Health wherein the food truck is
principally located.
[2]
Food trucks shall be located at least 10 feet away from the
nearest building, provided that a mobile vending unit may be located
closer than 10 feet to a building if the location has been approved
in writing in advance by the Borough Fire Chief.
[3]
Food trucks shall be located a minimum distance of 15 feet in
all directions from a fire hydrant.
[4]
Food trucks shall only serve walk-up customers, not customers
at customer seating.
[5]
Food trucks shall not broadcast music or loud advertisements.
[6]
Food trucks shall not provide customer seating.
[7]
No signage is allowed except signage affixed to the mobile vending
unit identifying the food trucks and menu/price information.
[8]
Food trucks must provide for adequate waste collection from
their customers and remove waste from the site without using public
waste receptacles.
[9]
Food trucks must operate in a safe, sanitary, and nonoffensive
manner.
[10]
The food truck operator or his/her designee must be present
at all times except in cases of an emergency.
[11]
No liquid waste or grease is to be disposed of in tree pits,
storm drains or onto the sidewalks, streets, or other public space.
Under no circumstances shall grease be released or disposed of in
the Borough's sanitary sewer system.
(c)
There shall be a fee for each food truck provided at the applicant's
event in the amount of $100.
(d)
The
fee for each and all food trucks provided at the applicant's event
as set forth in § 7-9F(6)(c) shall be waived if the sponsor
of the event is the Borough of Lavallette or any Board, Commission,
Committee or other organization affiliated with or formed by the Borough
of Lavallette.
[Added 5-21-2018 by Ord.
No. 2018-02 (1185)]
A.
With the exception of commercial for-profit permits issued pursuant to § 7-9F, it shall be a violation of this section for any person, firm, corporation or other entity to sell, or otherwise exchange for money or other valuable consideration, any privilege, right, interest, badge, ticket, license or other tangible evidence issued by the Borough pursuant to § 7-9 authorizing the use of the oceanfront and bayfront beaches, bathing and recreational facilities.
[Added 2-22-2011 by Ord. No. 2011-01 (1091)]
B.
No person shall accept and use upon said beaches any
badge or ticket not issued to or for such person by the municipality
and its duly constituted representatives.
C.
No person shall conspire, aid, advise, abet or otherwise
assist in any violation of any provision of this section or any other
section of this article.
D.
No person, other than a child under the age of 12
years, shall use said beaches at any time without having on his or
her person, and prominently displayed at all times, a badge, ticket
or other evidence of the right to use said beaches.
E.
Any person, firm or corporation that shall be convicted
of a violation of a provision of this section shall, upon conviction
whereof by any court authorized by law to hear and determine the matter,
be subject to a fine of no less than $100 and no more than $1,000,
imprisonment not to exceed 90 days or community service of not more
than 90 days, or any combination of fine, imprisonment and community
service, as such court in its discretion may impose. Each day that
such violation exists shall constitute a separate offense.
[Amended 12-1-2003 by Ord. No. 2003-19(935)]
No person shall do any of the following things
at or upon the said places of resort:
A.
Throw, drop or pass out any wastepaper, garbage or other refuse or sell any food, drink or confection on any beach. Notwithstanding this provision, properly licensed vendors may sell food, drink or confection from motor vehicles in Municipal Parking Lot Nos. 1, 2, 3 and 4, provided that such vehicles obtain a parking sticker and pay the fee established in Article IV of Chapter 89, Vehicles and Traffic.
B.
In any way litter, make unsightly, damage, destroy
or disfigure any beach or any public or private property thereat,
or fish or crab from public boardwalks.
C.
Make any loud noise, sound or music to the annoyance
of any other person.
D.
Use loud, profane or indecent language.
E.
Play ball or other game or engage in any activity
which will endanger another person or interfere with the enjoyment
of the quiet use of said places of resort by another person. The playing
or practicing of golf is prohibited at the municipal ball field, "Chandler
Field," located at the intersection of Baltimore and Jersey City Avenues.
However, the Mayor and Council of the Borough of Lavallette, by resolution,
may designate areas of the beaches for the use of those persons desiring
to engage in beach volleyball. The Mayor and Council of the Borough
of Lavallette may from time to time prohibit or change the location
of the beach volleyball areas, designate the hours of use of said
area or otherwise act as the public welfare may require. Any area
designated for beach volleyball purposes shall be posted at the Borough
Beach Badge Office. All persons playing beach volleyball shall display
a valid beach badge. The playing of beach volleyball is solely at
the risk of the players, and the Borough of Lavallette shall not be
responsible for any injuries sustained during the playing of beach
volleyball or the failure of any person to properly use, erect or
remove any equipment or remove any debris from the volleyball area.
[Amended 6-11-2012 by Ord. No. 2012-08 (1107)]
F.
Ride or operate a surfboard in any area of the beaches
not designated for that purpose. The governing body of the municipality,
by and through its Beach Committee acting as its agent and representative,
shall designate areas of the beaches for the use of those persons
desiring to engage in surfing. In these areas, no bathing or fishing
shall be permitted while said areas are being used for surfing. The
use of the designated surfing areas shall be subject to the control
and supervision of the Beach Committee. The said Committee may from
time to time change the location of the surfing areas, designate the
hours of use of said area and adopt such other regulations for the
management thereof as the public welfare may require. Any area designated
for surfing purposes shall be so posted. All other beach areas shall
be posted with signs indicating that surfing is prohibited, except
in those areas specifically designated for that purpose.
G.
Conduct or engage in any beach party, picnic or similar
outing, take any alcoholic beverage upon said places of resort, take
or consume any food or beverage in said places of resort, other than
nonalcoholic beverages in cans or plastic containers, nor take an
hibachi or any other portable cooking device upon said places of resort.
H.
Take or permit an animal, as defined in Chapter 6, Animals, on said places of resort. An animal may be taken or permitted to be on the municipal boardwalk at all times other than the usual bathing season as established pursuant to § 7-9B of this chapter, provided that the animal is secured by a leash or lead maintained by the owner or custodian of the animal.
J.
Refuse or neglect to obey the orders and direction
of any lifeguard or police officer as to time, place and distance
for bathing or any provision of this chapter.
K.
Interfere with or obstruct any police officer or lifeguard
in the performance of his/her duties.
L.
Molest or disturb any person in the peaceful enjoyment
of said places of resort.
M.
Do anything which shall endanger the life or safety
of himself, herself or any other person.
N.
Dump or throw garbage or other refuse in the water
or on the sand at any beach.
O.
Operate a motor vehicle on any public boardwalk at
any time, except for Borough employees when necessary for completion
of their duties.
P.
Operate any type of motor vehicle, motor-driven vehicle
or motor-assisted vehicle on the municipal beach from May 1 through
and including September 15 and on Saturday or Sunday from September
16 through and including September 30. The “municipal beach”
shall be defined as all lands east of the municipal boardwalk and
west of the low water mark of the Atlantic Ocean.
(1)
No person shall take, ride or operate any type of
motor vehicle, motor-driven vehicle or motor-assisted vehicle upon
the municipal beach without a valid vehicle permit issued by the Borough.
The “municipal beach” shall be defined as all lands east
of the municipal boardwalk and west of the high water mark of the
Atlantic Ocean. Under no circumstances shall any person take, ride
or operate any type of motor vehicle, motor-driven vehicle or motor-assisted
vehicle upon the municipal beach in areas designated as off-limits
for public safety purposes as authorized by the Mayor, Borough Council
or Chief of Police.
(2)
Permits shall be issued through the Lavallette Police
Department upon an applicant meeting the following conditions. Qualifications
for obtaining a vehicle permit shall be as follows:
(a)
A permit fee of $35 shall be paid to the Borough.
The permit shall be valid for the calendar year in which it is issued.
The motor vehicle may only be operated on the municipal beach between
October 1 and April 30 and on weekdays between September 16 and September
30.
(b)
An application shall be compiled and filed on forms
to be provided by the Police Department, which shall require the applicant
to disclose the vehicle license plate number, name and address of
the insurance company, owner’s driver’s license number
and such other information as may be deemed necessary by the Police
Department.
(c)
A permit shall only be issued for the operation of
a four-wheel motor vehicle. No permit shall be issued to any vehicle
which is designated or equipped for sleeping or living purposes, which
vehicles are commonly referred to as “campers,” “camp
trailers,” “camp buses” or “trucks with camper
bodies.”
(d)
The motor vehicle to be registered shall be insured
pursuant to the provisions of N.J.S.A. 39:6A-1 et seq. (Compulsory
Automobile Liability Insurance -- No-fault Provisions) and N.J.S.A.
39:6B-l et seq. (Compulsory Motor Vehicle Insurance), or comparable
insurance provisions if the vehicle is registered in a state or territory
other than New Jersey.
(e)
The motor vehicle shall have a current state registration
and display valid license plates.
(f)
The motor vehicle shall be equipped with a towing
chain or device, shovel, tire pump, jack, spare tire, fire extinguisher,
flashlight and first aid kit. The vehicle shall be subject to a safety
inspection to be conducted by the Lavallette Police Department. The
safety inspection shall assure compliance with the provisions of N.J.S.A.
39:3-3 et seq.
(g)
The permit shall be issued in the name of the owner
of the vehicle and shall not be transferable to any other vehicle.
(h)
The decal or pennit issued by the Borough shall be
permanently affixed on the driver’s side rear window. A vehicle
which has no driver’s side rear window shall have the sticker
permanently affixed to the left rear side of the vehicle body.
(3)
The following acts shall be prohibited on the municipal
beach:
(a)
Operating a motor vehicle without a valid operator’s permit or vehicle permit issued pursuant to Subsection P(2) above.
(b)
Operating a motor vehicle in violation of the following
acts prohibited by Title 39 of the revised statutes of New Jersey:
[1]
N.J.S.A. 39:3-10 (drivers’ license required).
[2]
N.J.S.A. 39:4-49.1 (operating motor vehicle
with certain drugs in possession or in motor vehicle).
[3]
N.J.S.A. 39:4-50 et seq. (operating under influence
of liquor or drugs).
[4]
N.J.S.A. 39:4-52 (racing).
[5]
N.J.S.A. 39:4-69 (riding on parts not intended
for passengers).
[6]
N.J.S.A. 39:4-96 (reckless driving).
[7]
N.J.S.A. 39:4-97 (careless driving).
(c)
Operating a motor vehicle at a speed in excess of
10 miles per hour.
(d)
Operating a motor vehicle from May 1 through and including
September 15 and on Saturday or Sunday from September 16 through and
including September 30.
(e)
Entering or exiting the municipal beach from any point
within the Borough other than the easterly terminus of Dover, Ortley
and Philadelphia Avenue.
(f)
Permitting disabled motor vehicle to remain on the
municipal beach for a period in excess of 24 hours. The owner or operator
of any disabled motor vehicle shall be required to notify the Police
Department that the vehicle is disabled and provide such information
as may be deemed necessary by the Police Department. Such notification
shall be made to the Police Department within two hours of the vehicle
being disabled.
(g)
Standing in an area or part of the vehicle intended
to be occupied for seating or passenger purposes or in any other area
of the motor vehicle.
(h)
Sleeping or camping.
(i)
Depositing litter or wastes of any type, including,
but not limited to, human, animal, vegetable, mineral, organic or
inorganic matter.
(j)
Causing damage to public or private property.
(k)
Causing damage to dune grass or similar vegetation.
(l)
Failing to give pedestrians or bathers the right-of-way.
Q.
Take or ride any bicycle upon the boardwalk fronting
on the Atlantic Ocean, except during those hours designated for that
purpose by the Mayor and Council of the Borough of Lavallette, except
for Borough employees where necessary for the completion of their
duties.
R.
Take, possess, use, operate or ride any motorized
bicycle, moped, skateboard, roller skates, in-line skates, scooters
or motorized scooters upon the boardwalk abutting the lands owned
by the Borough of Lavallette fronting on the Atlantic Ocean.
S.
Beach, place or store, whether temporarily or permanently,
any boat on the municipally owned bayfront without payment of the
fee set forth in § 7-9A(8) of this article.
T.
Launch, beach, place or store, whether temporarily
or permanently, or bring any motorized vessel or personal watereraft
onto the ocean or bay beaches, except at launching ramps designated
by the municipality.
U.
Take, permit or possess a closed container, cooler, thermos bottle or any similar container, bottle or object on said places of resort, unless such person shall allow an authorized agent or representative of the municipality to inspect the contents of such container, cooler, bottle or object. It is the intention of this provision to allow an agent or representative of the municipality to inspect the contents of such containers so that the provisions of Subsection G may be enforced at places of resort. Signs informing beach patrons of the inspection requirement and the option to not bring such container, cooler, bottle or object on said places of resort shall be posted at the entrances to such places of resort.
V.
Place, carry, transport or store, whether temporarily
or permanently, any container containing gasoline on the ocean beaches,
bay beaches or the municipal ballfield known as “Chandler Field”
located at the intersection of Baltimore and Jersey City Avenues.
No vehicle, vessel, personal watercraft or other machinery which requires
gasoline to operate shall be permitted to be refueled at any places
of resort at any time.
W.
Restrictions on the use of umbrellas and other fixtures on the beach.
[Added 10-16-2017 by Ord.
No. 2017-19(1179)]
(1)
Umbrellas with a collapsible circular shade that are less than eight
feet in diameter stretched over hinged ribs radiating from a center
pole no greater than six feet in height are permitted, provided that
the same have no grounding lines, ropes, or sides attached to the
shade or center pole.
(2)
Devices designed for 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.
(3)
Canopy-style sunshades which are no greater than 10 feet by 10 feet
without side walls or screens are permitted on the beach. Permitted
canopy-style sunshades shall be placed no less than 15 feet apart
from another canopy-style sunshade.
(4)
All umbrellas, baby tents and canopies shall be secured so as to
prevent uncontrolled movement of the device by wind or other natural
force. If secured with fasteners, stakes, weights, or the like, all
shading devices shall be secured so as to prevent any danger to other
beach patrons. Anchoring lines, tethers, or the like shall not extend
beyond the perimeter of the shading device.
(5)
No umbrella, baby tent, canopy, or other beach shade device shall
be placed in an area that obscures a lifeguard's view of the ocean
or is located in an area that impedes a lifeguard's egress from a
lifeguard stand, as determined by the lifeguard alone.
(6)
Leaving umbrellas, baby tents, canopies and/or other shade devices
on the beach overnight is prohibited.
(7)
Umbrellas, canopies or other beach shade devices with side walls
and screens, cabanas, pavilions, temporary restroom facilities, or
similar devices or any materials mounted on supports are prohibited,
except as permitted herein or in connection with a Borough-approved
special event or ceremony.
X.
Prohibiting smoking on the beach and boardwalk.
[Added 10-16-2017 by Ord.
No. 2017-19(1179); amended 6-7-2021 by Ord. No. 2021-07 (1214)]
(1)
Statement of purpose and intent. The New Jersey Legislature enacted
legislation entitled "An Act Concerning Smoking in Public Places,
Supplementing Title 26 of the Revised Statutes and Amending N.J.S.A.
2C:33-13," also known as A-2368 of 2017, which permits a municipality
to enact a no-smoking ordinance as an alternative to N.J.S.A. 2C:33-13
which is not preempted by the state and which may be enforced as a
civil penalty in the municipal court. The New Jersey Legislature also
enacted legislation entitled the "New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act" (hereinafter
referred to as the "Act"), which legalizes the recreational use of
marijuana by adults 21 years of age or older, and establishes a comprehensive
regulatory and licensing scheme for commercial recreational adult
use cannabis operations, use and possession. As part of the Act, the
New Jersey Legislature enacted N.J.S.A. 2C:35-10a, which statute continues
to prohibit smoking, including smoking, vaping or using aerosol inhalants,
for tobacco as well as cannabis products in public places. The Borough
of Lavallette recognizes the well-known health and safety risks and
hazards posed by smoking and second-hand smoking as enumerated by
the State Legislature at N.J.S.A. 26:3D-56 and finds that it is within
the public interest to prohibit smoking on the public beach, sunbathing
area, and surrounding boardwalk areas. Further, the Borough of Lavallette
has determined that the public interest is served in preventing the
youth and elderly from being exposed to the use of tobacco products.
Finally, the Borough of Lavallette finds that the appearance of the
Borough's beach areas and boardwalks can be enhanced, sea life
can be protected, and the limited resources of the Borough's
Department of Public Works can be conserved if smoking were to be
banned from such areas, thereby preventing ongoing and continued smoking-related
litter, typically generated by smoking, cigarette butts, ashes, and
packaging.
(2)
BEACH
BEACH SEASON
SMOKING
Definitions. The following terms shall have the meanings indicated
below:
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or any other matter
or substance which contains tobacco or any other matter that can be
smoked, or the inhaling or exhaling of smoke or vapor from an electronic
smoking device or aerosol device. Smoking shall also include smoking
by any such means of cannabis or its derivatives as defined or set
forth in N.J.S.A. 2C:35-10a regarding use of cannabis or its derivatives
in public places, N.J.S.A. 2C:33-13 regarding smoking in public, and
N.J.S.A. 26:3D-577, et seq., regarding smoking and vaping in public
places.
(3)
Smoking prohibited on beaches and boardwalk. Any person who engages
in smoking or who carries lighted smoking material on any beach or
boardwalk as defined herein is in violation of this subsection.
(4)
Penalties. A person violating this subsection shall be assessed a
civil penalty of no less than $50 or more than $200, which shall be
recovered in a civil action by a summary proceeding in the name of
the Borough of Lavallette pursuant to the Penalty Enforcement Law
of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.). The Municipal
Court of the Borough of Lavallette shall have jurisdiction of proceedings
for the enforcement of the penalty provided by this subsection.
(5)
Posting of conspicuous notice.
(a)
"No smoking" signs or the internationally recognized no-smoking
symbol consisting of a pictorial representation of a burning cigarette
enclosed in a red circle with a diagonal red line through its cross
section, shall be clearly and conspicuously posted at each entrance
onto the beach.
(b)
The no-smoking signage shall be located so as to be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited in that area. The sign shall also indicate that violators are subject to a fine pursuant to § 7-11X.
Nothing contained in this article shall in any
way be construed to interfere with the rights of ingress and egress
of any person desiring to use so-called Ocean Avenue in going to and
from any private property fronting on Ocean Avenue to a public street
running perpendicular thereto to the immediate north or south of such
private property.
Nothing herein contained shall be construed
to effect a dedication of the lands referred to herein as “Ocean
Avenue” as a public highway or for any use contrary to or different
from the municipal use heretofore made thereof.
The places of resort designated in § 7-1 shall be kept open at such times as shall be established annually by resolution of the governing body.
A.
Any person, firm or corporation that shall be convicted
of a violation of a provision of this article shall, upon conviction
whereof by any court authorized by law to hear and determine the matter,
be subject to a fine of no less than $100 and no more than $1,000,
imprisonment not to exceed 90 days or community service of not more
than 90 days, or any combination of fine, imprisonment and community
service, as such court in its discretion may impose. Each day that
such violation exists shall constitute a separate offense.
B.
In addition to the above penalty, any person operating
a motor vehicle in violation of the rules and regulations applying
to the operation of motor vehicles on the municipal beach shall be
subject to suspension or revocation of the operator's permit issued
by the Borough. For the first offense, an operator's permit shall
be suspended for 30 days. The second offense will cause the revocation
of the operator's permit.
C.
The person to whom an operator's permit is issued
shall be required to produce the operator's permit to the Municipal
Court Clerk at the time of hearing on a complaint under this article
or upon entry of any guilty plea. This shall be required in order
to facilitate the suspension or revocation of the operator's permit
as herein provided.
D.
The Lavallette Police Department and/or its authorized
agents shall have the authority to impound any motor vehicle, motor-driven
vehicle or motor-assisted vehicle operated in violation of any regulation
established for the operation of motor vehicles on the municipal beach.
No person, other than one actually engaged in
fishing, shall be upon any municipal beach at any time between the
hours of 12:00 midnight and 5:00 a.m. of any day.
No person shall bathe or swim at any municipal
bathing beach at any time during the hours of darkness on any day.
Any person, firm or corporation that shall be
convicted of a violation of a provision of this article shall, upon
conviction whereof by any court authorized by law to hear and determine
the matter, be subject to a fine of no less than $100 and no more
than $1,000, imprisonment not to exceed 90 days or community service
of not more than 90 days, or any combination of fine, imprisonment
and community service, as such court in its discretion may impose.
Each day that such violation exists shall constitute a separate offense.
