The City of Brigantine hereby establishes paid municipal beaches
and recreational areas for the public health, recreation and entertainment
of the general public. The paid municipal beaches and recreational
areas shall consist of the municipal beaches, the Cove Recreation
Area, the Bayfront Municipal Swim Area, the South Brigantine Jetty
and the Seawall. For purposes of this chapter, these areas are collectively
referred to as the municipal beaches and recreational areas.
A. Safeguards, equipment and faculties. The City shall acquire, construct,
use and maintain safeguards, equipment and facilities as shall be
necessary in the proper establishment and maintenance of the municipal
beaches and recreational areas for public health, recreation, bathing
and entertainment. The City shall have the right and authority to
purchase, rent or otherwise acquire lifeboats, ropes, poles and other
safeguards, recreational facilities and equipment for the recreation,
protection and safeguard of the general public.
As used in this chapter, the following terms shall have the
meanings indicated:
BAYFRONT MUNICIPAL SWIM AREA
Shall consist of the municipally owned land identified as
Block 236, Lots 8 and 9 and Block 237 Lot 1 on the municipal tax map
for the City of Brigantine.
CATAMARAN
A watercraft of twin pontoon construction, propelled wholly
by sails. The sailboat may not be either temporarily or permanently
equipped with machinery for propulsion and shall not exceed 18 feet
in length.
COVE RECREATION AREA
Shall consist of Block 8429, Lot 1 as depicted on the official
tax map of the City of Brigantine and include all beach, sand, dunes,
marsh and grass areas and the waters adjacent thereto.
MUNICIPAL BEACHES
Shall consist of all sand, dunes, marsh and grass areas seaward
from the landward side of any vegetation line or man-made structure,
from the North Brigantine Natural Area to the South Brigantine Jetty,
to the mean high tide water line and the waters adjacent thereto.
PERSONAL WATERCRAFT
A power vessel defined as a Class "A" vessel by the United
States Coast Guard, and which is designed to be operated from a sitting,
standing or kneeling positions; equipped with an internal combustion
engine which powers a water jet pump; and cannot be operated in a
manner so as to disengage the pump so as to prevent the vessel from
making headway. Personal watercrafts are commonly referred to by such
registered trade names as jet ski, skidoo and wave runner.
SEAWALL
The man-made structure running parallel to the mean high
tide water line and extending from 9th Street North to 15th Street
North
[Amended 8-18-2021 by Ord. No. 17-2021]
A. First offense. Any person who has been cited for violation of this
chapter may plead guilty by affidavit through the City of Brigantine
Municipal Court. The fine for a first-time offense is $209. The offending
party may also appear in Municipal Court and plead not guilty to the
citation, and be heard before the Court.
B. Second and/or subsequent offenses:
(1) Any subsequent violations or failures to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $1,000, by imprisonment for a term not to exceed
90 days or by community service of not more than 90 days, or any combination
of fine, imprisonment or community service as determined in the discretion
of the Municipal Court Judge.
(2) Any person found guilty of a second and/or subsequent offense may
be prohibited from accessing municipal beaches or recreational areas
for a one-year period commencing on the date of conviction.
C. Any beach tag, four-wheel drive permit, catamaran permit or special
event permit hereafter issued may, in addition to the imposition of
any penalties provided hereunder against the responsible individual
or vehicle or catamaran owner, be revoked temporarily by any police
officer, lifeguard or other agent of the City for the refusal or failure
of such person to display such tag or permit or to comply with any
rule or regulation governing the use of the municipal beaches or recreational
areas, to obey the reasonable directions of the officer or employee
charged with the maintenance of good order thereon, for engaging in
any noxious or offensive conduct or language or for other good cause.