[HISTORY: Adopted by the Mayor and Council
of the Borough of Bradley Beach as indicated in article histories.
Amendments noted where applicable.]
[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.
A.
Required. Each person using the Borough beachfront and the waters
adjacent thereto for swimming purposes and each person clad in bathing
attire, sun suit or shorts, except children under 13 years of age,
shall, before entering upon the same, register with the duly authorized
employees or agents of the Borough employed for that purpose, giving
his name and address in the Borough and such other information as
may be required by the Borough Council in order to receive the required
badge, check or other insignia necessary to enter or leave the beach.
[Amended 7-26-2016 by Ord. No. 2016-34]
B.
Badge identification.
(1)
Each person so registered shall be furnished with
a badge, check or other insignia numbered or marked for identification
purposes, and which shall be worn conspicuously by the registrant
and be visible at all times. It shall be exhibited at any time on
demand to the guards, beach inspectors, special police or Police Department
officers or authorized agent therefor. At the time of registration,
the number of the badge, check or other insignia shall be entered
upon the registrant's card opposite his name and address so that he
may be readily identified at all times in case of accident, sickness,
death or any other purpose. The Borough or its agents may withhold
the issuance of any badge, check or other insignia for a reasonable
period of time to enable an investigation to be made of the registrant
in order to determine his right to the issuance of the badge, check
or other insignia.
(2)
No person shall apply for a badge, check or other
insignia except in his own name, and he shall sign his name on the
registrant's card.
C.
Transferability. 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.
D.
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.[1]
[Amended 2-25-1986]
E.
Fees. The fees for badges, checks or other insignia
shall be paid at the time of registration. The fees are set by yearly
resolution of the Mayor and Council and are on file in the Borough
Clerk's office.[2]
F.
Purpose of charges and fees. The charges and fees
provided for herein shall be used to improve, maintain and police
the beachfront to provide the beaches, lifeguards, boats, ropes and
other facilities, safeguards, and equipment for public bathing and
recreation and to provide for all equipment for the protection and
safety of swimmers using the beachfront and to provide funds to protect
the beachfront from erosion, encroachment and damage by the ocean
or otherwise.
G.
Fee for disabled or handicapped.
[Amended by Ord. No. 1995-07]
(1)
There is a need to provide access to the beaches located
within the Borough to disabled persons at a discounted rate.
(2)
The season beach badge fee for handicapped or disabled
individuals shall be $25.
(3)
In order to qualify for a reduced rate, the individual
must produce proof of a social security identification disability
card at the time of purchase.
H.
Beach badges for emergency volunteers. All current
active members of the Bradley Beach Fire Department and the Fire Department
Auxiliary and all current and active members of the Bradley Beach
First Aid shall be exempt from the payment of any fee for the acquisition
of a Bradley Beach seasonal beach badge. Any such member shall be
entitled to a free seasonal beach badge upon proof of the member's
active status in the organization. It is the intention of this subsection
not only to reward members of these volunteer organizations but also
to encourage members to utilize the beach in order to enhance public
safety and to increase response time for emergencies on the beach.
[Amended by Ord. No. 1996-10]
I.
Beach badges for military veterans. Persons who are
veterans of the United States military, possessing a discharge under
honorable conditions or other than dishonorable discharge, or have
been deemed by the Department of Veterans Affairs to have sustained
a service-connected disability, shall be entitled to free admission
to the public beaches.
[Amended by Ord. No. 1996-15; Ord. No. 1997-06[4]]
(1)
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.
A.
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.
[Amended 6-11-1968[1]]
B.
Powers of lifeguards. Lifeguards shall have full police
power and shall have complete charge, control and supervision of swimming
at the respective beaches where they are stationed. All orders or
directives of the lifeguards in dealing with any of the provisions
of this article shall in all respects be fully complied with by any
person using the same.
A.
Swimming at protected beaches. No person shall swim
from the beachfront or in the adjacent waters except from protected
bathing beaches where ropes, boats and lifeguards are provided, and
only when lifeguards are on duty. Any person swimming at hours other
than when lifeguards are on duty shall do so entirely at his own risk
and responsibility.
B.
Swimming at night. No person shall swim in any waters
adjacent to the beach, at night or during hours of darkness, unless
express permission is granted by the Borough Council by resolution
or otherwise.
C.
Surf fishing. No person shall engage in surf fishing
in any bathing area during bathing hours.
D.
Lifeguard equipment. No person shall use or tamper
with any boat or other lifeguard equipment without the express permission
of the captain of the lifeguards or the lifeguard in charge of the
beach.
[Amended 2-8-2005 by Ord. No. 2005-2]
E.
Disposal of litter.[1] No person shall discard 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]
F.
Alcoholic beverages.[2] No person shall bring or consume any beer, wine, whiskey,
or other intoxicating liquors on the beachfront, in the waters, or
on the boardwalk or promenade except as specifically provided below:
[Amended by Ord. No. 1996-17]
(1)
The Mayor and Council of the Borough of Bradley Beach
may, by resolution, allow wine and beer to be consumed at the concession
located at Ocean Avenue and Second Avenue subject to the following
conditions:
G.
Ball playing. During bathing hours no person shall
engage in any activity in which there is the throwing, tossing, or
pitching of any article, such as a ball, frisbee or the like, on the
beach or in the adjacent waters. Any activity which requires running
on the beach during bathing hours is also prohibited. Volleyball playing
is permitted in areas so designated by the Borough.
[Amended 7-12-1988]
H.
Animals.[3] Except as specifically set forth herein, no person owning,
keeping or harboring any animal shall permit it to be on the boardwalk,
the promenade, the walkway, or any public land located east of the
sidewalk area on Ocean Avenue. However, from October 1 to May 15,
it shall be lawful to allow dogs and other domestic animals to be
on the public beach area in the Borough. During this period, the dogs
or other domestic animals may be unleashed at the beach but must be
accompanied by the owner or the owner’s representative. Any
such animals must be taken directly onto the public beach area. During
the applicable time period, soley for the purpose of gaining access
to the public beach area, it shall be lawful for said animals to cross
over the boardwalk, promenade, walkway, and public area. The prohibitions
contained in this subsection shall not apply to Seeing Eye dogs, guide
dogs, or other guide animals.
[Amended 7-10-1979; 7-24-1990; by Ord. No. 1996-24; 9-28-2010 by Ord. No. 2010-8; 2-27-2018 by Ord. No. 2018-3]
I.
Motor vehicles and 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]
J.
Interfering with lifeguards. No person shall molest,
bother, annoy or interfere with any lifeguards in the performance
of their duties.
K.
Midnight limit. No person shall remain upon the beach
sand after 12:00 midnight except those engaged in surf fishing.
L.
Disrobing. No person shall disrobe, dress or undress
on the beachfront, in the adjacent waters or on the boardwalk immediately
adjacent to the beachfront, or on any public streets, public places,
or in any vehicles on the streets of the Borough.
M.
Destruction of property. No person shall climb, damage
or deface any fence, railroad, enclosure or other Borough property
on the boardwalk or beachfront.
N.
Entry on beach. No person shall be permitted to enter
the beachfront or beach area except through a publicly designated
entrance.
O.
Removing sand. No person shall remove any beach sand
or soil from the beachfront.
P.
Holes. No hole shall be dug in the beachfront in such
a manner as to leave a depression more than 12 inches deep in the
surface of the land.
Q.
Obscenity. No person shall model, draw or depict any
obscene or rude figures upon the beachfront.
R.
Dangerous objects. No person shall use any appliances,
equipment or objects which might cause injury to bathers and swimmers
on the beach, sand, beachfront or in the adjacent waters.
S.
Glass. No glass bottles, containers or glass objects
of any kind shall be permitted on the beachfront or in the adjacent
waters at any time.
T.
Placing of vehicles. No persons shall place bicycles,
baby carriages or any other vehicles upon the beachfront or boardwalk
within 10 feet of a publicly designated entrance to the beachfront
unless a special area is designated for that purpose.
V.
Gambling. No gambling, gaming or wagering of any type
shall be permitted on the beachfront or in the adjacent waters at
any time.
W.
Disorderly conduct. No person shall, while on or using
any portion of the beachfront or while swimming in the waters of the
ocean adjacent thereto, annoy or molest any other person or utter
any offensive or indecent language or in any way or manner act in
a disorderly manner.
X.
Transporting of gasoline prohibited. No person or
persons shall, unless in an official capacity of the municipality,
possess, transport, or store gasoline, or other combustible materials,
including, but not limited to, propane flame or electric burners,
on the beaches or adjacent boardwalk in the Borough of Bradley Beach.
[Added 10-24-1989; amended 5-10-2016 by Ord. No. 2016-16]
Y.
Smoking restrictions on beach and beachfront areas.
[Added by Ord. No. 2003-01; amended 2-8-2005 by Ord. No. 2005-2; 11-9-2010 by Ord. No. 2010-13; 2-14-2012 by Ord. No. 2012-1; 5-27-2014 by Ord. No.
2014-13]
(1)
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.
(2)
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.
(3)
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.
Z.
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]
AA.
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]
A.
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]
B.
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:
A.
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.
B.
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.
C.
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.
D.
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.
