[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 Avenue and continuing in a northeastwardly
direction, 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 on the
southeasterly side of John F. Kennedy Beach Drive, to its intersection
with 2nd Avenue; and from the intersection of John F. Kennedy Beach
Drive and 2nd Avenue in a northwestwardly direction along the northeasterly
side of the existing Hereford Inlet Seawall to the southeasterly edge
of the municipal parking lot at Pine and New York Avenues.
[Amended 4-17-2001 by Ord. No. 1386; 3-16-2021 by Ord. No. 1829]
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; amended 10-3-2023 by Ord. No. 1914]
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 this chapter, from 9:00 p.m. to 6:00 a.m. the following day, excepting
City employees who clean the beach, during their performance of such
duty, Police Department and other members in the Department of 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 public restroom, 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.
[Amended 8-3-2021 by Ord. No. 1842]
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 animal upon the beaches of the City
of North Wildwood, with the following exception:
[Amended 6-5-2002 by Ord.
No. 1416; 10-4-2016 by Ord. No. 1705; 11-8-2017 by Ord. No. 1729; 3-16-2021 by Ord. No. 1829]
(1) Dogs may be permitted on the beaches of the City of North Wildwood
from 6:00 a.m. to 9:00 a.m., and from 5:30 p.m. to 9:00 p.m.
[Amended 5-21-2024 by Ord. No. 1934]
(a)
Dogs on the beach must be on a leash not greater than eight
feet in length.
(b)
Dogs are not permitted on dunes, in any environmentally sensitive
area, or in any other area restricted by appropriate signage as determined
by the City of North Wildwood.
(c)
Any person or association of persons not undertaking, in connection with a dog in his/her/their control, the immediate cleanup and disposal of dog solid waste on the beach, as outlined in §
126-12, Soiling and defilement by dogs, of the Code of the City of North Wildwood, shall be subject, upon conviction, to the fines set forth in §
126-13A.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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, 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]
S. To bathe
or appear on the beaches of the City of North Wildwood at any time
during the year without being properly clothed in a bathing suit.
[Added by 8-3-2021 by Ord. No. 1842]
T. To take
or allow to be taken any horse or mule into the ocean or onto the
beaches of the City of North Wildwood at any time during the year.
[Added by 8-3-2021 by Ord. No. 1842]
U. To ride
a bicycle upon the beaches of the City of North Wildwood, with the
following exception:
[Added 8-16-2022 by Ord. No. 1885]
(1) Bicycles
may be permitted on the beaches of the City of North Wildwood from
6:00 a.m. to 9:00 a.m., and from 5:30 p.m. to 9:00 p.m.
[Amended 5-21-2024 by Ord. No. 1934]
V. To use
tents, tarps, cabanas, pavilions, canopies, sportbrellas and similar
devices or fixtures, except in the case of a special event approved
by City Council. The following regulations shall apply:
[Added 5-21-2024 by Ord.
No. 1934]
(1) Umbrellas
with a circular shade no greater than eight feet in diameter and a
single pole not longer than seven feet six inches in height are permitted.
(2) Baby
tents, not greater than 36 inches in height, width and length, used
to shade small children and infants, are permitted.
(3) No
person shall locate an umbrella or baby tent in an area obscuring
a lifeguard's view of the ocean or in an area impeding a lifeguard's
egress from a lifeguard stand, as determined by a lifeguard.
(4) Baby
tents and umbrellas must be securely anchored to prevent uncontrolled
movement; however, anchoring lines, tethers, stakes, weights or the
like shall not extend beyond the perimeter of the baby tent or the
umbrella.
(5) Umbrellas,
baby tents and other personal items or equipment shall be removed
from the beach by 9:00 p.m. Items left unattended between 9:00 p.m.
and 9:00 a.m. the following day will be removed from the beach and
discarded.
(6) Depending on the condition of the beaches of the City of North Wildwood, and at the sole discretion of Mayor and Council, the prohibition regarding the items in §
138-3V, whether it be the type, size or location, may be amended from time to time by resolution of Council, and said prohibition may be totally or partially suspended or reinstated by resolution of Council.
[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; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any person or association of persons violating
any provision of this article shall, upon conviction thereof, be punishable
by a fine not to exceed $2,000, imprisonment for not more than 90
days, or community service for not more than 90 days, or any combination
thereof.