[Adopted 5-7-1996 by Ord. No. 34A-96]
As used in this article, the following terms
shall have the meanings indicated:
The tidally flowed overwash area immediately adjacent to
the beach that extends seaward from the mean high waterline to the
mean low waterline (hereinafter "foreshore"), the ocean waters extending
seaward from the waterline to the three-mile limit, and the tidally
flowed land under such ocean waters.
The gentle sloping of sand adjacent to the Atlantic Ocean
in the Borough of Sea Bright that extends landward from the mean high
waterline of the ocean to a man-made feature generally parallel to
the ocean, such as a seawall, fence, parking lot, retaining wall or
other structure, whichever is closest to the ocean. "Beach" shall
include supervised beaches, unsupervised beaches, private beaches,
beach clubs, beach access, dunes, foreshore and the Atlantic Ocean
as defined herein.
Any public ingress and egress to the beach and shall include
the seawall, stairs over the seawall, decks, ramps, steps, paths,
walkways, parking lots, sidewalks and any other method of public access
immediately adjacent to the beach.
A private beachfront establishment, with a clubhouse structure,
having a limited number of members who agree to abide by the policies
of the establishment and who pay a fee which allows them use of the
club facilities and its beach for an entire summer season and which
establishment is not open to the general public on a transient basis.
A club's facilities may consist of but are not limited to lockers,
bathhouses or cabanas or any combination thereof, beach area, parking
area, pool area and eating facilities.
[Amended 9-19-2006 by Ord. No. 11-2006; at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]
Any facility accommodating one or more persons for the purpose
of showering, changing clothes or bathing suits or the storage of
bathing equipment.
A wind- or wave-deposited or man-made formation, ridge or
mound of sand that lies generally parallel to and landward of the
Atlantic Ocean between the upland area of the beach and the foot of
the most inland dune slope, and includes any area of sand stabilized
by snow fences and/or planted vegetation. Loose, windblown sand found
in a street, parking lot or on part of a structure as a result of
storm activity is not considered to be a dune.
A beach, open to the public or available for public access,
that is regularly supervised and maintained on a seasonally scheduled
basis by the supervisory personnel, including but not limited to providing
lifeguards, litter pickup, swimming information and enforcement, and
includes any recreational or parking facilities adjacent thereto operated
by the Borough of Sea Bright in conjunction with the supervised beach.
The employees or officials of the Borough of Sea Bright who
are directly responsible for the supervision and operation of a supervised
beach.
A beach that is not regularly or seasonally supervised or
maintained by supervisory personnel. "Private beaches" are specifically
defined as unsupervised beaches for purposes of this article notwithstanding
the fact that some private beaches may provide their own private supervision,
regulations and maintenance. Beach clubs are specifically excluded
from this definition.
A.
It shall be a violation of this article for any person
to violate, participate in the violation of, refuse to obey or to
disregard any order, direction, command, whistle or any other signal
used by supervisory personnel on supervised beaches and on unsupervised
beaches.
B.
Except for children under the age of 12, persons wishing to use the supervised beach between the hours of 9:00 a.m. and 5:00 p.m. shall purchase a daily or seasonal beach badge from the Borough of Sea Bright before entering the beach and shall agree to abide by the rules and regulations promulgated by the Borough of Sea Bright as set forth in this article and other applicable municipal, county, state and federal laws and regulations. Surf fishing, as defined in § 66-19E, on a supervised beach shall be permitted without a beach badge until 10:00 a.m., and shall take place in areas designated by supervisory personnel so as not to interfere with or be likely to interfere with the safety of another person.
[Amended 5-4-2010 by Ord.
No. 10-2010]
C.
All persons entering the supervised beach shall attach
and wear such beach badge in a prominent place on their clothing and
shall display such beach badge upon request to the supervisory personnel.
D.
The counterfeiting, copying or other reproduction
of beach badges or the misrepresentation of information by any person
applying for and receiving a beach badge is a violation of this article.
E.
The supervisory personnel of supervised beaches shall
have the right to immediately revoke the beach badge privileges of
any person who violates this article or any other municipal, county,
state, federal law or regulation and to take and impound any beach
badge that has been improperly used or obtained.
F.
It shall be a violation of this article for any person
to use, tamper with, damage or destroy any of the equipment, lifeboats,
stands, lifesaving equipment, ropes, buoys, floats, oars, paddles,
signs, structures, access means, stairs, decks, fences, buildings,
bicycle racks, planters, railings, waste receptacles, flags, vehicles
or any other equipment, structure or device used by the supervisory
personnel or owned by the Borough of Sea Bright.
[Added 9-21-1999 by Ord. No. 117-99; amended 5-7-2002 by Ord. No. 4-02]
The fees and charges of the Municipal Beach
Authority of the Borough of Sea Bright shall be established annually
by resolution of the governing body.
[Amended 12-15-1998 by Ord. No. 94-98]
A.
The following conduct is prohibited on the beaches
of the Borough of Sea Bright:
(1)
Possession of alcoholic beverages on supervised beaches
and on unsupervised beaches.
(2)
Sleeping on any beach between the hours of 11:00 p.m.
and 6:00 a.m., without prior written permission of the Mayor and Council
of the Borough of Sea Bright.
(3)
Appearing in the nude on any beach, which shall be
defined as a person exposing to public view any part of the genitalia
or of the entire breast of a mature female.
(4)
To take, haul away or remove any quantity of sand
from the beach.
(5)
Tamper with, cut, burn, destroy, mutilate or in any
way interfere with the planting, placement or growth of any dune grass
or other vegetation, dune fencing, poles or any other apparatus used
in connection with the formation of dunes.
(6)
Solicit, sell, peddle or hawk any article, goods,
wares, service or merchandise on supervised beaches and unsupervised
beaches without the express written permission of the Mayor and Council
of the Borough of Sea Bright.
B.
Glass containers of any kind are prohibited on supervised
beaches and on unsupervised beaches and in the waters adjacent thereto.
C.
No person or persons shall, while on or using any
portion of any beach and adjacent parking areas or while bathing or
swimming in the waters of the ocean adjacent thereto, annoy or molest
any other person or persons or utter any offensive or indecent language
or in any way act in a disorderly manner.
A.
Baseball, football, basketball, softball, volleyball
or any other sport or game shall be played only on unsupervised beaches
in areas that are scarcely populated, except that these activities
may be permitted on supervised beaches at the discretion of the supervisory
personnel on said beaches in areas and at times specifically designated
in advance.
B.
Kite flying or the action of propelling any object
through the air shall be engaged in only on unsupervised beaches in
areas that are scarcely populated. Use, landing and takeoff of ultra-lites,
airplanes, hang gliders or any other manned or mechanically propelled
aircraft is prohibited except in an emergency.
C.
Use and launching of boats, surfboards, jet skis,
boogie boards, air mattresses, rafts, water wings, inner tubes or
any other floating, motorized or inflated object, device or means
of water conveyance shall be permitted in areas and at times as permitted
by supervisory personnel on supervised beaches and on unsupervised
beaches.
D.
Beach buggies, automobiles, trucks, tractors, bulldozers,
buses, trailers, snowmobiles, quads, mopeds, motorcycles or any other
motorized land vehicles are prohibited on supervised beaches and unsupervised
beaches, with the exception of those motorized vehicles specifically
utilized for the purpose of beach maintenance and grooming of supervised
and unsupervised beaches. Such vehicles shall be permitted to operate
on the supervised and unsupervised beaches and shall not exceed the
speed of five miles per hour. Vehicles operated by the personnel of
the Sea Bright Police, Public Works, Fire, First Aid and Emergency
Management Departments are not prohibited.
[Amended 9-19-2006 by Ord. No. 11-2006; at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]
E.
Surf fishing shall be permitted on unsupervised beaches
and on supervised beaches when not in use for bathing or beach purposes.
All nets, poles, lines, spears, lures, hooks and other fishing equipment
shall be maintained, stored and used so as not to interfere with,
or be likely to interfere with, the safety of any other person.
F.
Beach fires, including the use of barbecues and grills for cooking, are prohibited on unsupervised beaches and are limited to specific occasions, times and designated areas on supervised beaches as permitted by supervisory personnel of supervised beaches or as permitted by a special event permit obtained pursuant to Chapter 179 of the Borough Code provided said special event permit has also been reviewed and approved by the Borough's Fire Marshal. Any permitted beach fires shall be subject to all applicable local, county, state and federal laws.
[Amended 11-7-2018 by Ord. No. 12-2018]
G.
Animals.
[Amended 3-7-2006 by Ord. No. 2-2006; 6-6-2006 by Ord. No. 6-2006; 2-20-2007 by Ord. No. 3-2007; 6-5-2017 by Ord. No. 12-2017]
(1)
In conjunction with the Beach Management Plan (2015), the Borough
will permit dogs, cats and other animals on the Municipal Public Beach
from September 16 until May 14. Animals are prohibited on the Municipal
Public Beach from May 15 through September 15.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Additionally, in conjunction with the Beach Management Plan (2015)
and due to the nesting areas of piping plovers and other endangered
species, the Borough prohibits dogs, cats and any other animals (except
service animals) from March 15 through September 15 in the following
areas: North Beach (north from Ship Ahoy Beach Club to the public
access stairway at Via Ripa) and South Beach (from the Monmouth Beach/Sea
Bright border to the Driftwood Beach Club). These additional areas
shall be modified by signage or fencing when and if the endangered
species expand or decrease their habitat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
All animals, including service animals, must be leashed
at all times and are prohibited from entering prohibited areas.
(4)
Animal owners/walkers must carry a visible device
for removal of animal waste.
H.
It shall be unlawful for any person or persons to
occupy any cabana, locker or other bathing facility after the hour
of 10:00 p.m., except Friday, Saturday, Sunday and holidays, at which
time it shall be 12:00 midnight or as otherwise permitted by prior
written permission of the Mayor and Council of the Borough of Sea
Bright. It shall further be the responsibility of the holder of the
license of any beach club or bathing facility or its agent or employees,
as a condition of its license, to post a copy of this article in a
conspicuous place upon its premises. The prohibition contained in
this article shall not apply to security guards or watchmen employed
by the licensee for the purposes of protecting its property or that
of its customers.
All containers, cans, paper and other refuse
shall be deposited in the waste receptacles designated for that purpose
on the beach. It shall be a violation of this article to throw, discard
or leave any empty bottle, can, top, diaper, cigarette, carrier, bag,
box, wrapper, container, paper, food, drink, balloon, straw, fishing
line or equipment, furniture, umbrella, clothing, towel, toy, garbage,
animal waste or refuse of any kind on the beach and adjacent parking
areas outside of waste receptacles provided for that purpose.
The Sea Bright Police Department is authorized
and empowered to enforce the provisions of this article.
