City of North Wildwood, NJ
Cape May County
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Table of Contents
Table of Contents
[Adopted 5-19-1950 by Ord. No. 334]
[Amended 5-5-1987 by Ord. No. 957; 6-21-1988 by Ord. No. 1008]
As used in this article, the following terms shall have the meanings indicated:
BEACH
Beginning at 26th Street and continuing in a northwestwardly direction, the beach shall consist of all of the area that is located in a generally seawardly and southeasterly direction from the westerly edge of the Boardwalk, the easterly edge of Blocks 411, 412 and 413, the easterly edge of John F. Kennedy Beach Drive and the easterly edge of the seawall that is located along Hereford Inlet from John F. Kennedy Beach Drive to an existing stone groin in the vicinity of Ocean Avenue. Beginning at the existing stone groin in the vicinity of Ocean Avenue and continuing in a generally northwestwardly direction, the beach also shall consist of all of the area that is located in a general seawardly and easterly direction of the easterly edge of the seawall and then the bulkhead that runs along Hereford Inlet from the aforementioned stone groin to the easterly lot line of the municipal parking lot at Old New Jersey Avenue and Spruce Avenue and which then continues running in a general northwestwardly direction along the northwesterly edge of the municipal parking lot at Pine Avenue and New York Avenue.
[Amended 4-17-2001 by Ord. No. 1386]
BOARDWALK AND APPROACHES THERETO
The elevated pedestrian walk extending along the beach northeastward from 26th Avenue to 13th Avenue, the ramp, inclines, steps and approaches connected or appurtenant thereto both on the easterly and westerly sides thereof, together with the pavilions, platforms, rest rooms, lavatories, comfort stations and public facilities.
PICNICKING
The carrying of a box, basket, tub or other receptacle in which is contained food and beverages and the consumption of such food and beverages.
[Added 5-16-1961 by Ord. No. 417]
It shall be unlawful during the months of May, June, July, August and September of each year for any person to walk, drive, ride, bathe, swim or otherwise be on the beach, as defined in said ordinance, from 10:00 p.m. to 6:00 a.m. the following day, excepting City employees who clean the beach, during their performance of such duty, and the municipal police and other members in the Department of Public Affairs and Public Safety.
[Amended 6-21-1988 by Ord. No. 1008; 6-7-1990 by Ord. No. 1064; 4-5-1994 by Ord. No. 1167; 5-7-1996 by Ord. No. 1232; 4-6-1999 by Ord. No. 1321]
The actions and activities set forth below shall be unlawful conduct when taken place during the months of May through September, inclusive, each year:
A. 
To throw, bat or catch a baseball, football, basketball, softball or engage in the playing of any game endangering the health and safety of others on the beach except in areas specifically designated for said activities. This subsection shall not apply to the playing of games in other areas which would not be likely to endanger the health and safety of others.
B. 
To swim or bathe beyond a safe depth in the ocean as from time to time indicated, determined or regulated by the lifeguards of the City of North Wildwood.
C. 
To use a life belt, surfboard, canoe, boat, raft, water wings, inner tube or any floating or inflated object or device of any kind or description in the bathing area adjacent to the beach except in such areas which may be designated by the Beach Supervisor of the City of North Wildwood for the use of such devices. Said Beach Supervisor may, in his sole discretion, designate a certain area or areas, on a daily basis, for the use of certain floating or inflated objects or devices of any kind or description.
D. 
To throw, place, deposit or leave any bottles, glass, crockery, sharp or pointed article or thing, paper, refuse or debris of any kind in any area except in proper receptacles provided for on the Boardwalk and beach.
E. 
To use said beach, Boardwalk and approaches thereto as areas for picnicking except in areas specifically designated therefor.
F. 
To fail to immediately obey all orders, directions, whistles or other signals used by the City lifeguards and police.
G. 
To consume alcoholic beverages within the areas defined as the beach, Boardwalk and approaches thereto.
H. 
To climb upon or stand on the railings, fences or benches so as to cause or be likely to cause damage to the same on the beach, Boardwalk or approaches thereto or tamper with or handle the lifeguards' boats or other equipment used by them on the beach.
I. 
To revel, disport or behave in a noisy and boisterous manner, emitting loud cries and other noises, so as to inconvenience others or otherwise disrupt and disturb the public peace and dignity within the areas defined as the beach, Boardwalk and approaches thereto.
J. 
To loiter, assemble, band or crowd together so as to interfere or be likely to interfere with the ingress and egress of others at the street ends approaching the beach or Boardwalk or within the areas defined as the beach, Boardwalk and approaches thereto.
K. 
To act in a loud, indecent, obscene, offensive or lascivious manner within said defined areas.
L. 
To hawk, peddle or sell any article, goods, wares, merchandise or services on the beaches of the City of North Wildwood, except when permitted with a license issued pursuant to Chapter 330, Peddling and Soliciting, of the North Wildwood Code, and except where permitted by contract or lease with the City of North Wildwood.
M. 
To dress, undress or change clothing for bathing or other purpose in any passenger automobile, bus, truck or vehicle of any kind, regardless of whether the doing thereof is in public view or can be seen by any other person or persons.
N. 
To engage at any time, either day or night, in the practice commonly known as "sleeping in cars."
O. 
To allow dogs, cats or any other domestic animal upon the beaches of the City of North Wildwood, except that dogs shall be permitted on the beach during the dates and times that motor vehicles are permitted on the beach for the purpose of sport surf fishing as set forth in § 138-6A(1), (2) and (3).
[Amended 6-5-2002 by Ord. No. 1416; 10-4-2016 by Ord. No. 1705; 11-8-2017 by Ord. No. 1729]
P. 
To operate any personal watercraft, defined herein to include any boat, jet ski, wave runner or any other floating device propelled by a motor or some other method other than solely by musculature activity, wind or wave action, within 100 feet of the shoreline and within 100 feet of any person in the water (except in connection with rescue efforts of a person or persons). Additionally, it shall be unlawful to launch or bring to shore any such floating device on any of the beaches in the City of North Wildwood, between Surf Avenue and 26th Avenue, inclusive, with the exception of any area used in connection with the operation of a business permitted by a contract with the City of North Wildwood.
[Amended 8-4-2015 by Ord. No. 1683; 11-8-2017 by Ord. No. 1729]
Q. 
Making, kindling or using a fire, barbeque or portable stove, or burning charcoal, except upon a gas- or charcoal-burning grill manufactured for that purpose. This prohibition shall not apply to any special event having been approved by Mayor and Council authorizing the use of gas- or charcoal-burning grills during said event. When the activities enumerated in this subsection are permitted (the months of October through April, inclusive), all persons or organizations undertaking such activities shall obtain the appropriate permit from the North Wildwood Fire Department.
[Added 11-6-2019 by Ord. No. 1790]
R. 
Undertaking any activity which constitutes a violation of the New Jersey Uniform Fire Code,[2] as adopted in § 240-1 et seq., or which constitutes an imminent and immediate danger to persons or property in the judgment of North Wildwood Fire Department personnel.
[Added 11-6-2019 by Ord. No. 1790]
[2]
Editor’s Note: See N.J.S.A. 52:27D-192 et seq.
[1]
Editor's Note: See also Ch. 326, Peace and Good Order.
[Amended 6-21-1988 by Ord. No. 1008; 3-20-1991 by Ord. No. 1054; 4-5-1994 by Ord. No. 1167; 5-21-2002 by Ord. No. 1411]
Any person or association of persons violating any provision of this article shall, upon conviction thereof, be punishable by a fine not to exceed $1,250 or imprisonment in the county jail for a term not to exceed 90 days, or both.