[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley Beach as indicated in article histories. Amendments noted where applicable.]
Beach Utility — See Ch. 18.
Animals in public — See Ch. 115.
Boating — See Ch. 134.
Dunes — See Ch. 183.
Littering; solid waste collection — See Ch. 286.
Parks and recreation areas — See Ch. 339.
Peddling and soliciting — See Ch. 344.
Rolling chairs — See Ch. 369.
Article I Use Regulations
Article II Rough Surf Management
[Adopted 8-9-1955 (Secs. 8-1 through 8-10 of the 1974 Code)]
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.
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.
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]
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.
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.
Transferability. All badges, checks or other insignia shall be for the exclusive use of the registrant and shall not be loaned, given, sold nor transferred to any other person.
Badges required for entry on beach. No person except children under the age of 14 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, monthly use or any other period of time.
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.
[Amended 1-22-1980; 4-27-1982; 3-27-1984; 3-26-1985; 2-25-1986]
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.
Fee for disabled or handicapped.
[Amended by Ord. No. 1995-07]
There is a need to provide access to the beaches located within the Borough to disabled persons at a discounted rate.
The season beach badge fee for handicapped or disabled individuals shall be $25.
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.
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]
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]
There will be a processing fee of $5 charged for any new or replacement veterans beach badge.
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.
Hours of employment. Lifeguards shall be maintained on duty at the established protected bathing beaches during the bathing hours between 9:00 a.m. and 5:30 p.m., 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.
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.
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.
Swimming at night. No person shall swim in any waters adjacent to the beach, at night or during hours of darkness, unless express permission is granted by the Borough Council by resolution or otherwise.
Surf fishing. No person shall engage in surf fishing in any bathing area during bathing hours.
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]
Disposal of litter. No person shall discard bottles, cans, paper or other refuse, including but not limited to cigarette butts, cigar butts, and other tobacco products, in the beachfront area. 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]
Alcoholic beverages. 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]
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:
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.
Animals. 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 easterly most curb on Ocean Avenue. However, from September 16 to April 30, 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]
Motor vehicles and bicycles. No person or persons shall ride bicycles, skates, roller blades, skateboards, scooters, motorcycles, mopeds 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, bicycles may be ridden on the promenade or public land between the hours of 12:00 midnight and 10:00 a.m. from May 15 through September 15. From September 16 through May 14, only bicycles may be ridden on the promenade at any time. This subsection does not apply to any carts used to assist the handicapped.
[Amended 8-24-1976; 1-25-1983; Ord. No. 1998-02]
Interfering with lifeguards. No person shall molest, bother, annoy or interfere with any lifeguards in the performance of their duties.
Midnight limit. No person shall remain upon the beach sand after 12:00 midnight except those engaged in surf fishing.
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.
Destruction of property. No person shall climb, damage or deface any fence, railroad, enclosure or other Borough property on the boardwalk or beachfront.
Entry on beach. No person shall be permitted to enter the beachfront or beach area except through a publicly designated entrance.
Removing sand. No person shall remove any beach sand or soil from the beachfront.
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.
Obscenity. No person shall model, draw or depict any obscene or rude figures upon the beachfront.
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.
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.
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.
Gambling. No gambling, gaming or wagering of any type shall be permitted on the beachfront or in the adjacent waters at any time.
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.
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]
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]
No person shall smoke a cigarette, cigar or chew any tobacco/nicotine product or any other smoking substance, including e-cigarettes, on the beachfront area at any time.
For purposes of this subsection, the term "beachfront area" shall mean all public areas, excepting the beach area proper, 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.
No person shall smoke or chew any tobacco/nicotine product or any other substance, including e-cigarettes on any beach area proper from 9:00 a.m. through 7:00 p.m. on any day, through and including the dates of May 1 and September 30 of any year.
Tents or canopies. No person shall bring, erect or install a tent or canopy on the beaches. Only 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]
Tables and trays
[Added 5-10-2016 by Ord. No. 2016-16]
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 2-8-2005 by Ord. No. 2005-5; 5-24-2005 by Ord. No. 2005-18]
Storage lockers designed to accommodate beach umbrellas, baby strollers, beach chairs, and/or belly boards are available. Locker dimensions are approximately 32 inches wide, 48 inches high and 48 inches deep. The initial fee is due and payable at the time of the agreement execution. Rental is available Friday prior to Memorial Day through the Sunday after Labor Day (previously October 1). Season renewal rental is available Friday prior to Memorial Day through Sunday after Labor Day (previously October 1). All renters shall execute an agreement with the Borough as follows: to provide their own lock for security, hold the Borough harmless for any loss of stored items, and relinquish possession of the locker not later than the Sunday after Labor Day (previously October 1). The Borough reserves the right to confiscate all items which are left in the locker, which will become the property of the Borough. Existing renters shall have the first right to renew their storage lockers until April 1 annually, after which date rentals will be made on a first-come, first-served basis. The annual rental is due and payable at the time of agreement execution.
[Amended 5-4-2013 by Ord. No. 2013-5]
Fees: Fees shall be set by annual resolution of the governing body.
[Amended 12-30-2005 by Ord. No. 2005-28; 1-12-2010 by Ord. No. 2009-18]
The Borough Council may cancel any privilege, badge, tag, insignia or check granted or extended to any person who violates any of the provisions of this article.
[Added 2-8-2005 by Ord. No. 2005-2]
[Adopted by Ord. No. 1997-18 (Sec. 8-14 of the 1974 Code)]
[Amended 2-8-2005 by Ord. No. 2005-2]
The Beach Manager will regulate and control the beachfront as to determine whether bathing and/or surfing is to be permitted, restricted or closed after normal operating hours in correlation with the Ordinances of the Borough of Bradley Beach. Lifeguards will remain on duty under the direction of the Beach Manager and/or the Lifeguard Supervisor. Beaches can be closed to bathing and/or surfing completely whereby lifeguards and police would keep people away from the dangerous surf or have restricted bathing and/or surfing in designated areas as determined by the Beach Manager and/or Lifeguard Supervisor or their designee during the summer beach season and by the Chief of Police and/or the Office of Emergency Management or their designee at all other times.
Under the direction of the Beach Manager and/or Lifeguard Supervisor, when lifeguards are told to secure and depart the beachfront, the lifeguards will advise the patrons that they are going off duty and not to go near the dangerous surf to swim or surf. The Beach Manager and/or Lifeguard Supervisor will notify Bradley Beach Police Department that the lifeguards are off duty. The Rough Surf Management Plan will remain in effect until the surf conditions subside and normal beach operating conditions are in effect.
In addition to the rules and regulations hereinafter enumerated, the Borough Council is hereby authorized and empowered to adopt, by resolution, such other rules and regulations as may be necessary for the proper control and regulation of the beachfront and the waters adjacent thereto. The Borough Council is further authorized and empowered to suspend, modify and/or supplement, by resolution, for a limited time the operation of certain rules and regulations governing the beachfront and the waters adjacent thereto in order to permit or facilitate special events, activities, promotions or programs authorized by resolution of the Borough Council. The following rules and regulations are hereby established:
No person shall bathe from the beachfront or in the waters adjoining the beachfront in the Borough of Bradley Beach except within certain designated areas.
No person shall bathe or swim from the beachfront except from the protected bathing beaches, as designated by flags or signs and where lifeguards are provided by the Borough of Bradley Beach, and only at such times as the lifeguards are on duty.
No person shall use or tamper with any boat or lifeguard's equipment without the permission of the Beachfront Manager, the Captain of the lifeguards or the Mayor.
No person shall bathe or swim in said waters adjacent to the beach at night or during the hours of darkness.
Lifeguards shall have charge, control and supervision of the bathing, swimming and surfing at the respective beaches for the individual designated sports and generally on all the beaches and beachfront of the Borough and in the waters adjoining the same. It shall be a violation of this article for any person to refuse to obey, or to disregard, the oral or visual command, whistle or signal of any lifeguard not to enter the beaches, beachfront or waters adjoining the same, not to surf in the waters, not to swim or bathe beyond the designated swimming or bathing areas or in waters deemed hazardous or dangerous by the lifeguard, not to leave the waters or the beach or beachfront with or without paraphernalia or equipment, whether swimming, bathing, surfing or being thereon, as the case may be.
During the nonsummer season, the Chief of Police and/or the Emergency Management Coordinator or their designee shall exercise all control, charge or supervision of the beaches, and any person who violates their command shall be in violation of this article and subject to the penalties identified herein.
Any person violating any section herein shall be subject to general penalties of the Ordinances of the Borough of Bradley Beach as set forth in Chapter 1, Article II, General Penalty. The penalty for violation of any provision of this article shall be as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Bradley Beach.