[Adopted 6-10-1974 by Ord. No. 74-4 as
Secs. 3-5, 3-10.8, 3-10.9 and 10-1 of the Revised General Ordinances;
amended in its entirety 6-10-2020 by Ord. No. 2020-09]
The cost of maintaining the public bathing beaches within the
Borough has greatly increased due to the unprecedented increase in
the number of persons using the beaches, and it is the considered
opinion of the Mayor and Council that the cost of maintaining such
beaches in a clean, healthy and safe manner should be borne by those
desiring to use the beaches.
A. Borough beaches are hereby established for the public health, recreation
and entertainment, including beaches, bathing and recreational facilities,
safeguards and equipment.
B. The regulations hereinafter set forth shall apply to the beach and
bay areas of the Borough, which areas are hereby defined and declared
to be:
(1) All of those areas of land along the oceanfront, bay front or inlet
front owned by the Borough.
(2) All those areas of land along the oceanfront, bay front or inlet
front wherein the Borough has control of the use by easement, deed
or common consent or the prescriptive right of the public.
(3) All other areas set apart by consent of the owners where protected
bathing areas have been or are established.
(4) Public street ends on the bay front, inlet front or oceanfront.
A. It is hereby declared that the use of such areas for recreational
purposes is a desirable and healthful activity, but certain conduct
and behavior in such areas involves hazard to life, safety and morals
and, for the protection of the public and of individual members thereof,
needs to be regulated. In doing so the Borough strives to maintain
such risks within reasonable and acceptable limits, but is unable
to eliminate them, and does not assume the risks involved.
B. The Borough shall acquire, construct, use and maintain such beaches,
bathing and recreational facilities, safeguards and equipment as shall
be necessary for the proper establishment and maintenance of the Borough
beaches.
C. The Borough shall have the right and authority to purchase, rent
or otherwise acquire lifeboats, ropes, poles and other safeguards
and equipment for recreation, protection and safeguard of those persons
utilizing the Borough's beaches.
D. Foot protection, which may include shoes, sneakers, sandals or flip-flops,
that adequately protect feet from wood, nails or any other protrusions
from the surface of the Borough's beach access walkways and decks
must be worn at all times while traversing the same.
The Borough shall engage, hire and pay such lifeguards and other
personnel as shall be required for the proper maintenance of the beaches.
[Amended 4-13-2022 by Ord. No. 2022-04]
A. There shall be a lifeguard-in-training program during the regular
summer beach season.
B. The program shall be open to a limited number of applicants between
10 and 15 years of age.
C. The dates and length of the program shall be determined by the lifeguards
with consent of the Borough Council Beaches and Parks Committee.
D. A swimming test shall be completed by each applicant prior to acceptance
into the program.
E. Clothing shall be provided by the Borough to each applicant that
is approved for the program.
F. The fee for participation in the lifeguard-in-training program shall
be $125.
The Borough shall have the right to police the Borough beaches
and to hire, engage and pay such police officers, special policemen
and other officers as shall be necessary for the proper policing,
supervision and management thereof.
The Borough reserves the right to establish, change or abolish
the precise location of any one or more bathing beaches referred to
above, by resolution or order, as safety and attending circumstances
shall require and to allocate the beach areas by time and location
among bathers, surfers, fishermen and other inconsistent users.
[Amended 10-12-2022 by Ord. No. 2022-12]
In order to provide the necessary funds to improve, maintain
and police the beaches, including the employment of lifeguards and
purchase of necessary equipment for the protection and safeguard of
bathers, the following fees shall be charged for the facilities:
A. Daily beach badge, or any fractional part thereof, during bathing
season: $5 per day.
B. Weekly beach badge, for any calendar week or any fractional part
thereof, during the bathing season: $22 per person.
C. Preseason beach badge, for the entire bathing season or any fractional
part thereof: $35 per person, provided that application is made to
the Borough in the manner prescribed on or before the date determined
by the Beaches and Parks Committee and approved by Council annually.
D. Holiday/preseason beach badge (in holiday package), for the entire
bathing season or any fractional part thereof: $37 per person, provided
that application is made to the Borough in the manner prescribed on
or before December 31 preceding the bathing season (until supplies
last).
E. Seasonal beach badge, for the entire bathing season or any fractional
part thereof: $45 per person, provided that application is made to
the Borough in the manner prescribed after the date determined by
the Beaches and Parks Committee annually.
F. Children under the age of 12 years: no fee.
G. Adults 65 years of age or older, for a seasonal beach badge: $12
per person, provided that the applicant furnishes at the time of application
appropriate proof of age to the satisfaction of the Borough.
H. Adults 62 years of age or older who have previously obtained a lifetime
beach badge pursuant to prior ordinances may continue to use the same
for free access to the beach. No such badge, however, shall be issued
now or in the future.
I. Persons who meet the disability criteria for disability benefits
under Subchapter II of the federal Social Security Act (42 U.S.C.
§ 401 et seq.): no fee.
J. Persons in active military service in any of the Armed Forces of
the United States and their spouse or dependent children over the
age of 12 years: no fee.
K. 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: no fee.
L. Persons who have served in any of the Armed Forces of the United
States and who were honorably discharged 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:
no fee.
M. Persons holding a driver's license or identification card with a
Gold Star Family designation issued pursuant to N.J.S.A. 39:3-10f6
or N.J.S.A. 39:3-29.3 (spouse, domestic partner, parent, sibling,
child, legal guardian or legal custodian of a member of the Armed
Forces of the United States or National Guard, who lost his/her life
while on active duty): no fee.
Except as set forth in §
144-8 above, no person over the age of 12 years shall bathe at or otherwise use the lands, facilities or privileges or any of the Borough bathing beaches without first acquiring and then having on his person a proper and effective badge, license or permit to use the beaches.
No privilege, right, badge, ticket or other evidence of right to use the beaches issued or to be issued upon the payment of any of the fees provided for in §
144-8 above shall by any person be sold for a fee, or rented.
It shall be unlawful for any person on any beach or resort area
within the Borough, whether or not designated as a bathing beach or
area, to:
A. Molest, annoy or disturb any person, by physical action or by word
of mouth, in the peaceful enjoyment of the places of resort.
B. Use any loud, profane, offensive or indecent language.
C. Make any loud noise, sound or music to the annoyance of any other
person.
D. Ball playing or any other game will be permitted unless it is determined
that it may endanger the health or safety of another person or interfere
with the enjoyment and quiet use of the beach by other people.
E. Do anything which shall endanger or be likely to endanger the life
or safety of himself or any other person.
F. Littering.
(1) Throw, discard or leave upon any beach any bottle, can or receptacle
of any kind which is unsanitary or unsightly or which is detrimental
to the health or well-being of the persons using the beach.
(2) Dump or throw garbage or other refuse in the water at any beach.
G. Break, damage, destroy, disfigure or deface any Borough property,
sign or equipment which is lawfully upon any beach.
H. Break, damage, destroy, disfigure or deface any publicly or privately
owned property which is lawfully upon any beach.
I. Ride or operate a surfboard in any area of the beaches not designated
for that purpose. The Council or lifeguards shall designate areas
of the beach for the use of those persons desiring to engage in surfing.
In these areas, no bathing or fishing shall be permitted while the
areas are being used for surfing. The Council or lifeguards may change
the location of the surfing areas, designate the hours of use of the
areas and adopt such other regulations for the management thereof
as the public welfare may require.
J. Surf fish, fish or crab in any area of the beaches not designated
for that purpose or within the water areas within which other designated
purposes are in progress. The Council or lifeguards shall designate
areas of the beaches for the use of those persons desiring to engage
in surf fishing, spear- or goggle fishing or skin or scuba diving.
In these areas, no bathing shall be permitted.
K. Operate any motor vehicle of any kind, type or description without
written permission from the proper Borough official.
L. Sell any food, drink or confection on any beach.
M. Organize or participate in a beach party, picnic or similar outing.
N. Possess or consume alcoholic beverages, drugs or narcotics.
O. Start or maintain any fire without permission by Borough Council
and a fire permit from the Ocean County Fire Marshal.
P. Take or permit a dog to be on the Borough Beaches commencing April
15 through September 30 of each year.
Q. Go into the water at any beach:
(1) When it is unsafe to do so.
(2) When directed by any lifeguard to stay out of the water.
(3) When intoxicated or when to any degree under the influence of alcohol
or any drug or narcotic.
R. Remain in the water at any beach:
(1) When it is unsafe to do so.
(2) When directed by any lifeguard to come from the water.
(3) When intoxicated or when to any degree under the influence of alcohol
or any drug or narcotic.
S. Go out in the water at any beach farther than directed by any lifeguard
or in violation of any reasonable order of the lifeguard.
T. Refuse or neglect to obey the orders and directions of any lifeguard
as to time, place and distances for bathing or otherwise.
U. Interfere with or obstruct any police officer, policeman, lifeguard
or other officer in the performance of his duties.
V. Smoking prohibited. Smoking, the burning of a lighted cigar, cigarette,
pipe or any other matter or substance which contains tobacco, cannabis
or other smoke-producing substance, and the use of electronic cigarettes
(e-cigarettes, vape pens and other vaping devices) shall be prohibited
on any beach or resort area within the Borough.
[Amended 4-14-2021 by Ord. No. 2021-06]
W. Boogie boards, skim boards, and inflatable water equipment will be
permitted unless it is determined that it may endanger the health
or safety of another person or interfere with the enjoyment and quiet
use of the beach by other people.
X. To change clothes, dress, undress or otherwise disrobe, except outer
wraps.
Y. To sleep on the beach within the areas defined during any time between
11:00 p.m. and 6:00 a.m.
Z. Hunting, trapping and the discharge of any firearms shall be prohibited
on any beach or resort area within the Borough.
[Added 3-8-2023 by Ord. No. 2023-03]
The Borough beaches shall be kept open during the usual bathing
season in the Borough, which is determined by the Lifeguard Captain
with consent of the Beaches and Parks Committee. The hours when the
beaches shall be open are from 10:00 a.m. to 5:00 p.m. Daylight Saving
Time. During inclement weather the Lifeguard Captain or highest ranking
lifeguard on duty shall have the authority to close the beaches.
Each individual upon the beach within the Borough of Barnegat
Light shall properly display a Barnegat Light beach badge during the
prescribed period that the bathing beach shall be opened to the public.
All beaches, bathing beaches and bathing areas shall be under
the supervision and control of the Beaches and Parks Committee of
the Council.
The Beaches and Parks Committee aforesaid shall have the power
to define and establish bathing beaches and bathing areas within the
Borough and provide rules and regulations in connection therewith
and for the use and control thereof.
The Beaches and Parks Committee aforesaid shall have the power
to prohibit fishing within certain areas on and along the beaches
which are designated for bathing purposes. Fishing within such prohibited
areas shall be deemed a violation of this article.
Any rules and regulations promulgated by the Beaches and Parks
Committee aforesaid, when posted on any beach or area, shall have
the same force and effect as any provision hereof, and the violation
thereof shall constitute a violation of this article.
A violation of this article shall be punishable as provided in Chapter
1, General Provisions, §
1-15.