As used in this article, the following terms
shall have the meanings indicated:
ATLANTIC OCEAN
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.
BEACH
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.
BEACH ACCESS
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.
BEACH CLUB
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)]
CABANA
Any facility accommodating one or more persons for the purpose
of showering, changing clothes or bathing suits or the storage of
bathing equipment.
DUNE
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.
SUPERVISED BEACH
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.
SUPERVISORY PERSONNEL
The employees or officials of the Borough of Sea Bright who
are directly responsible for the supervision and operation of a supervised
beach.
UNSUPERVISED 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.
[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.
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.
[Amended 12-15-1998 by Ord. No. 94-98]
Penalties for violations of this article shall be as provided in Chapter
1, General Provisions, Article
I, unless otherwise specified in this article.