[HISTORY: Adopted by the Board of Commissioners of the City of Ventnor City as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-4-1974 by Ord. No. 2-1974]
[Amended 6-7-1982 by Ord. No. 8229]
Paid places of resort, beaches, bathing and recreational facilities are hereby established in the City of Ventnor City for the public health, recreation and entertainment. Such places shall be located at the oceanfront upon all lands in the City of Ventnor City fronting on the Atlantic Ocean, as well as other areas specified within said City by the Board of Commissioners.
In order to provide the necessary funds to improve, maintain and police the beaches, the following fees shall be charged for such facilities:
A. 
No fees shall be charged or collected from any person under the age of 12 years.
B. 
A fee shall be charged in the amount set forth in Chapter 114, Fee Schedule per person per season, provided that application is made to the proper authorities on or before May 31 of the bathing season.
[Amended 3-16-1981 by Ord. No. 8106; 4-3-1986 by Ord. No. 8603; 3-17-2005 by Ord. No. 2005-7; 10-8-2020 by Ord. No. 2020-21; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
A fee shall be charged in the amount set forth in Chapter 114 for senior citizens 65 years and older per season, provided that application is made to the proper authorities on or before May 31 of the bathing season.
[Added 4-3-1986 by Ord. No. 8603; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
A late fee shall be charged in the amount set forth in Chapter 114 in the event that the application is made to the proper authorities after May 31 of the bathing season.
[Amended 3-16-1981 by Ord. No. 8106; 4-3-1986 by Ord. No. 8603; 4-27-1995 by Ord. No. 9505; 10-22-1998 by Ord. No. 9820; 3-17-2005 by Ord. No. 2005-7; 10-8-2020 by Ord. No. 2020-21[1]; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: This ordinance also repealed former Subsection E, pertaining to fractional parts of a week, and redesignated former Subsections F and G as Subsections E and F, respectively.
E. 
A fee shall be charged in the amount set forth in Chapter 114 for the purchase of each holiday beach badge. These badges will be valid for the following summer season only.
[Added 12-20-2012 by Ord. No. 2012-17[2]; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[2]
Editor's Note: This ordinance also provided for the redesignation of former Subsection F as Subsection G.
F. 
No privilege, right, badge or other evidence to use the beaches of the City of Ventnor City issued to or to be issued upon the payment of any fees provided shall be sold or leased to any person or entity by anyone other than the City of Ventnor City or its duly authorized representative. Specifically, the City of Ventnor City or its duly authorized representative shall be the sole and exclusive vendor and/or lessor of the privileges, rights and badges. It is hereby deemed unlawful for any person or entity to purchase or lease said badges from anyone other than the City of Ventnor City or its duly authorized representative.
[Added 6-4-1979 by Ord. No. 7904; amended 4-3-1986 by Ord. No. 8603]
[Amended 4-17-2014 by Ord. No. 2014-13]
A. 
No person 12 years of age and over shall bathe at or otherwise use the beaches set forth in § 72-1 without first having acquired and then having in his or her possession a proper and effective badge, license or permit to use the beaches, which shall be worn conspicuously by such person during said use, so that it shall be visible at all times and shall be exhibited on demand to the Beach Inspector or other duly authorized representative of the City of Ventnor City.
B. 
Persons in active military service. Though such persons are required to display a badge, no fees shall be charged to or collected from persons in active military service in any of the armed forces of the United States or to their spouse or dependent children over the age of 12 years.
C. 
Persons who are active members of the New Jersey National Guard. Though such persons are required to display a badge, no fees shall be charged to or collected from persons who are active members of the New Jersey National Guard who have completed initial active duty training and to their spouse or dependent children over the age of 12 years. As used in this subsection, "initial active duty training" means basic military training for members of the New Jersey Air National Guard, and basic combat training and advanced individual training for members of the New Jersey Army National Guard.
D. 
Persons who have served in any of the armed forces of the United States and who were discharged or released therefrom under conditions other than dishonorable and who either have served at least 90 days in active duty or have been discharged or released from active duty by reason of a service-incurred injury or disability (veterans). Though such veterans are required to display a badge, no fees shall be charged to or collected from such veterans. In order to obtain a badge with no fee, such veterans shall present to the Beach Tag Supervisor documentation, consistent with law and any rules and regulations promulgated by the Adjunct General of the New Jersey Department of Military and Veterans' Affairs, sufficient to establish entitlement to a badge with no fee.
E. 
Records and verification. As required by law, the Beach Tag Supervisor shall maintain a list of all individuals to whom beach tags are issued pursuant to Subsections B, C and D above, including the names of all individuals and, as applicable hereunder, their family members who qualify for the beach fee exemption. The Beach Tag Supervisor shall also establish procedures for verifying that individuals and, as applicable hereunder, their family members who qualify for the beach fee exemption by presentation by those claiming the exemption of appropriate credentials demonstrating active duty or veterans status.
[Amended 4-14-1975 by Ord. No. 7506; 3-16-1981 by Ord. No. 8106]
The beaches established in § 72-1 shall be open and operated during the usual bathing season, which is hereby established on the Saturday preceding the last Monday in May until and including the Saturday following Labor Day, and the hours of operation shall be from 10:00 a.m. to 6:00 p.m., prevailing time, except during inclement weather.
The Board of Commissioners is hereby authorized and empowered to:
A. 
Adopt by resolution, in addition to the rules and regulations herein enumerated, such other rules and regulations as may be necessary for the proper control and regulation of the beachfront and the waters adjacent thereto.
B. 
Designate by resolution the protected bathing beaches where boats and lifeguards are to be provided by the City and from which persons may bathe and swim and change or abolish the precise location of any or more bathing beaches from time to time, as safety and attending circumstances shall require.
C. 
Determine and establish by resolution the period during each year when each of the paid bathing beaches shall be opened and closed.
D. 
Employ inspectors, lifeguards and such other employees as may be necessary to carry out and enforce the provisions of this article and all rules and regulations established herein or subsequently adopted by resolution.
E. 
Purchase badges, checks or other insignia and such other supplies, materials and equipment as may be necessary.
[Amended 6-4-1979 by Ord. No. 7904; 10-3-1991 by Ord. No. 9119; 11-21-1991 by Ord. No. 9124; 6-24-1993 by Ord. No. 9309; 8-2-2012 by Ord. No. 2012-14; 4-16-2015 by Ord. No. 2015-15; 5-18-2017 by Ord. No. 2017-19; 4-25-2019 by Ord. No. 2019-08]
The following rules and regulations are hereby established, and it shall be unlawful to violate any of said rules and regulations or those subsequently adopted resolutions during the bathing season or at other times if specifically provided for. It shall be unlawful to:
A. 
Bathe or swim from the beachfront except from the designated bathing beaches where boats and lifeguards are provided or to bathe or swim beyond a safe depth in the ocean as from time to time indicated or regulated by the lifeguards.
B. 
Use a surfboard or raft of any kind or description except at locations designated by the lifeguards or City ordinance.
C. 
Engage in surf fishing during bathing hours.
D. 
Fail to obey immediately all orders, directions, whistles or other signals used by the lifeguards and police.
E. 
Consume alcoholic beverages on the public beaches without proper approvals and permits from the New Jersey Division of Alcohol Beverage Control.
F. 
Change clothes, dress, undress or otherwise disrobe, except for outer wraps.
G. 
Sleep on the public beaches during any time between sunset and sunrise.
H. 
Act in a loud, indecent, obscene or offensive manner so as to inconvenience others or otherwise disrupt and disturb the public peace and dignity within the beach areas defined.
I. 
Climb upon, stand on or tamper with or handle the lifeguard boats or other equipment used by the lifeguards.
J. 
Throw, place, deposit or leave any bottles, glass, crockery, sharp or pointed articles or things, paper, refuse or debris of any kind on the beaches.
K. 
Hawk or peddle, sell or offer for sale any article, goods, wares or merchandise on the public beaches, except as permitted by Chapter 173, Peddling and Soliciting, of this Code, or covered by state statute.
L. 
Park vehicles, loiter, assemble, band or crowd together so as to interfere with or be likely to interfere with the ingress and egress of others at the street ends approaching the beaches.
M. 
Drive or move any vehicle on the beach at any time during the entire year without a permit in writing issued by the Chief of Police.
N. 
Permit any dogs or other animals on the beach in front of the waters adjacent thereto or upon any public walk contained on the beachfront within the City of Ventnor City, whether said dog is leashed or unleashed, except that dogs on a leash may be permitted on the beach between October 1 and May 15 in the area of the beach washed daily by the high tide at any time and between May 16 and September 30 from 7:00 p.m. to 9:00 p.m.
O. 
Start or maintain a fire or fires on the beach at any time without a permit from the Police and Fire Departments. Bonfires shall only be permitted after hours and shall comply with the Uniform Fire Code. Applications for bonfire permits shall be accompanied with a fee in the amount set forth in Chapter 114, Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
P. 
Beach parties, without first submitting the appropriate application, paying the appropriate fees and receiving the appropriate permit for the same.
Q. 
No bathing is permitted on unguarded beaches during hours of operation. Wading or bathing after hours of operation is at the sole risk of the individual.
R. 
Start or maintain a fire or fires on the beach without first submitting the appropriate application, paying all appropriate fees and receiving a permit authorizing the same.
S. 
Open barbecuing beginning June 1 through September 30, every day. The hours shall be from 10:00 a.m. to 6:00 p.m., and any person taking advantage of such privileges and having a barbecue must follow all ordinances of the City of Ventnor and all state and federal laws. Barbecues will be permitted, provided that all fires are contained in a commercial-type propane grill (no propane tanks bigger than 20 pounds) or barbecue and are tended to during the cooking of food and left to extinguish themselves in the grill upon completion of cooking. All individuals are responsible for the removal of any such barbecue equipment and any and all trash which is generated as a result of said barbecues. Open fires such as bonfires or charcoal grills are strictly prohibited on the beach. Pop-up ten-by-ten tents are permitted; no tent should be enclosed by order of the Fire Department.
[Amended 7-23-2020 by Ord. No. 2020-15]
The City of Ventnor City reserves the right to revoke any beach privileges granted under this article for any violations of its provisions or other rules and regulations and to retake and impound any beach identification badge or permit which has been improperly used or obtained. Such revocation shall not preclude the imposition of any other penalties provided for such violation.
[Amended 2-2-1989 by Ord. No. 8903; 1-9-1997 by Ord. No. 9616]
Any person violating any of the provisions of this article or any of the rules and regulations adopted hereunder shall, upon conviction thereof, be subject to a fine of not more than $1,000 or to imprisonment for not more than 90 days, or both. In addition to or as a substitute for the previously mentioned fine, the imposition of community service shall be authorized as an additional penalty, which community service shall not exceed 90 days.
[Adopted 12-21-2017 by Ord. No. 2017-45]
[1]
Editor's Note: See also Ch. 75, Art. II, Roller Skates and Skateboards; Ch. 79, Art. II, Operation of Vehicles; Ch. 153, Art. II, Operation of Motorized Bicycles; Ch. 174, Art. I, Vehicles on Recreation Pier.
Except as herein provided, it shall be unlawful to operate an automobile, truck, motorcycle or any other vehicle on the beaches within the City of Ventnor without the permits provided for in this article or in violation of any provision of this article.
A. 
Individual permits. Any person desiring to operate a permitted vehicle on said beaches shall make an application to the City of Ventnor for a permit to do so and shall furnish the Department with the name, address, driver's license, vehicle registration and type of vehicle for which said permit is sought and an insurance identification card and declaration page for the vehicle to be permitted.
B. 
Each applicant shall provide such information as is required to process the application on a form provided by the City of Ventnor. At the time of initiating the application, the owner of the vehicle must apply, and each applicant shall agree to hold the City of Ventnor harmless and to indemnify and defend the City of Ventnor for all claims, losses, expenses, damages, suits or any other costs incurred by the City of Ventnor arising out of the operation by the applicant of any vehicle over the beach areas of the City of Ventnor. Failure to provide this agreement shall prevent the issuance of any permit. Applicants shall also provide the City of Ventnor with a copy of proof of insurance, insuring the applicant for liability incurred while and during the operation of any vehicle subject to the permit. Copies of the hold harmless and indemnity agreement, along with a copy of the applicant's insurance certificate, shall be kept with the applicant's application through the entire year in which the permit is effective.
A. 
Permits shall only be issued for vehicles having four-wheel drive and which shall have passed inspection by the Motor Vehicle Commission of the State of New Jersey or by the equivalent department or agency of the state in which said vehicle is licensed. Such vehicles must also be equipped with the following:
(1) 
A first aid kit.
(2) 
A shovel.
(3) 
A tow chain or equivalent.
(4) 
Road flares.
(5) 
A Coast Guard or ICC approved fire extinguisher.
(6) 
A jack with a large support board (minimum 12 inches by 12 inches).
(7) 
A flashlight.
(8) 
A spare tire.
B. 
A permit issued hereunder shall be valid only for one registered vehicle as described in the application for said permit. The permit is not transferable. It shall be unlawful to operate a vehicle with a permit intended for another.
C. 
All permits issued under this article shall be displayed on the driver side dashboard.
D. 
All permits are the property of the City of Ventnor and are subject to suspension, forfeiture, or revocation. Lending or displaying a permit so that the same is used on a vehicle other than the vehicle registered when the permit was applied for will result in the confiscation and loss of said permit for the remainder of the year. Copying or duplication of a permit or otherwise creating or using a counterfeit permit shall be strictly prohibited. Any person violating this subsection shall be subject to any and all fines and penalties as set forth in this article, the revocation of the permit and the potential violation of a criminal charge pursuant to N.J.S.A. 2C:28-7 in the discretion of the Municipal Court Judge.
E. 
Any four-wheel-drive vehicle located on the beach within the City of Ventnor must have the permit displayed on the driver side dashboard as set forth in this section or the individual operating said motor vehicle may be subject to a violation of this article and will be required to leave the beach. All permits shall only be used for the vehicles for which they were issued, and the lending or transfer of said permits is strictly prohibited.
F. 
There will be no erecting, setting up, or otherwise establishing a canopy on the beach. No canopies shall be permitted to be placed on the side of the vehicles nor shall canopies be placed in such a manner as to reserve a space or spot on the beach for another four-wheel-drive vehicle.
No vehicle shall be operated on the beaches of the City at a speed in excess of 10 miles per hour. No person shall operate a vehicle carelessly or without due caution or circumspection so as to endanger, or be likely to endanger, a person or property. Vehicles must use the Suffolk Avenue ramp only to enter and leave the beach. Drive at your own risk.
A. 
No vehicle shall be operated on the beach between the hours of 12:00 midnight and 7:00 a.m. (or sunrise, where it occurs later).
B. 
No vehicle may be driven onto dunes or structures or devices erected for the purpose of protecting dunes or erected for the purpose of facilitating entry to the beach by pedestrians. No vehicle shall enter onto private property without the permission of the owner. No vehicle shall enter the beach area except at such locations and over such roads and paths as are established by the City of Ventnor.
C. 
No cooking, sleeping or camping is permitted on the beach area.
D. 
No disposal of trash, waste or refuse shall be made on the beach or dune areas at any time. No dumping of any substance is permitted at any time.
E. 
No vehicle shall be left unattended on the beach at any time.
F. 
No parties, events or congregations of large numbers of persons and vehicles shall be permitted without first obtaining the permission (separate permit for beach party) of the City of Ventnor. No use of exterior speakers or lights shall be permitted without the permission of the City of Ventnor.
G. 
No vehicle operator or any person shall interfere with bathers or pedestrians. No bathing or swimming shall take place, except on designated bathing beaches while lifeguards are present.
H. 
Any vehicle found in violation of any section of this article is subject to be removed from the beach area on order of any officer charged with enforcement of this article. Any vehicle which presents a hazard to safety, navigation, or property may also be removed. All costs for such removal shall be the responsibility of the operator, permittee, or registered owner of the vehicle.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Entry to the beaches shall only be made at such locations as may be designated by the City of Ventnor, and the permittee shall comply with all rules and regulations governing the use of vehicles on the beach. In the event that the City or its authorized representatives determine that it is in the best interest of public safety, the beaches may be closed or the locations of entryways or signs may be altered at any time.
The provisions of this article shall not apply to municipal employees who may be required to enter upon the beaches in the performance of their municipal duties or functions, nor to any governmental agency, its employees, agents, contractors and subcontractors who may be engaged in beach restoration or protection work.
A. 
There shall be a limit of 250 permits issued for the permit year. An applicant for a permit will pay a fee in the amount set forth in Chapter 114, Fee Schedule, at the time of the issuance of the permit, which permit shall be valid from the date of issue until 12:00 midnight on December 31 of the year it was issued for the fishing derby. A full season will be valid from January 1 until April 30 and September 15 to December 31 until 12:00 midnight of the year it was issued for the full season and will receive a device or insignia which must be displayed on the vehicle. A fee in the amount set forth in Chapter 114, Fee Schedule, will be charged to replace permits which are lost. Special event permits shall be valid only for the day or period of time for which they are issued.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
An application form for a permit may be received by mail or may be picked up in person at City Hall. The permit must be picked up in person at City Hall or such place as may be designated.
C. 
The City reserves the right to close any or all of the areas where four-wheel-drive vehicles may be used or to limit the number of vehicles permitted into any or all designated areas whenever it deems it necessary to preserve the public health, safety or welfare.
D. 
Donated permits for active members of military.
(1) 
Each year, the City of Ventnor, in its discretion, may donate five permits to the Ventnor VFW. Said permits shall be transferable from vehicle to vehicle; however, the same may only be used by individuals or active members of the United States military. The permits may only be placed on vehicles which are owned by the individual who is an active member of the military or a spouse residing in the same residence as the active military member. For the purpose of this subsection, a person shall be considered in active military service only if:
(a) 
He/she can show an active, valid and up-to-date military service identification card; or
(b) 
He/she can show identification proving he/she is an active member of the New Jersey National Guard who has completed initial active duty training.
(2) 
For the purpose of this subsection, "initial active duty training" means basic military training, for the members of the New Jersey Air National Guard, and basic combat training and advanced individual training for members of the New Jersey Army National Guard.
(3) 
The permits are strictly prohibited from being used by anyone who is not an active member of the military service or his/her spouse and are only authorized for use on a vehicle owned by said member of the active military service or his/her spouse.
Any person who shall violate any of the provisions of this article shall, upon conviction by the Municipal Court of Ventnor or such other court as shall have jurisdiction, pay a fine of not more than $1,000 or be subject to imprisonment for not more than 90 days, or both. In addition to such penalty, the Municipal Court may require the offender to restore all damage done to public or private property, and the Municipal Judge may require forfeiture of the beach vehicle permit authorized by this article.
This article shall be enforced by the Police Department of the City of Ventnor, any duly appointed law enforcement agency of the State of New Jersey or its subdivisions, the Ventnor Beach Patrol or any special enforcement officers designated by the Chief of Police or designee.