[Adopted 8-9-1971 as Ch. 37, Art. I, of the 1971 Code]
[Added 11-12-2001 by Ord. No. 2002-15[1]]
All persons on the beach or in the ocean shall immediately obey all directions, orders or signals used by the lifeguards and police.
[1]
Editor's Note: This ordinance also repealed former § 55-1, Dogs not permitted on beaches, as amended 5-26-1981 by Ord. No. 81-6.
[Amended 5-26-1981 by Ord. No. 81-6; 4-22-1991 by Ord. No. 91-16]
A. 
Horseback riding is prohibited at all times on the beach, strand or dune area.
B. 
Kite flying will be permitted on the beach only before 10:00 a.m. and after 5:00 p.m.
C. 
Ballplaying, ball throwing, quoits, horseshoes, kite flying and like activities will be banned from the dune area at all times.
D. 
Ballplaying, ball throwing, quoits, horseshoes and like activities will be permitted at the discretion of the lifeguard captain, Chief of Police, or their designees. These activities are prohibited from 10:00 a.m. to 5:00 p.m. in areas between flags placed to designate authorized swimming areas. This area will extend from water's edge to and including the dunes.
E. 
Throwing any object which may endanger or be likely to endanger persons or property is prohibited on the beach, dune area, pavilions, walkways or accessways to any pavilions or beaches within the Borough.
F. 
These restrictions will be in effect from the fourth Saturday in June until Labor Day, inclusive.
G. 
Unmanned aerial vehicle (UAV), commonly known as a "drone" and referred to as a "remotely piloted aircraft (RPA)" by the International Civil Aviation Organization (ICAO), is an aircraft without a human pilot aboard. Drones are not permitted on the beach between the hours of 10:00 a.m. and 5:00 p.m.
[Added 11-10-2014 by Ord. No. 2014-22C]
[Amended 6-26-1978 by Ord. No. 78-8; 5-26-1981 by Ord. No. 81-6; 3-26-1984 by Ord. No. 84-8; 4-8-1985 by Ord. No. 85-6; 4-22-1991 by Ord. No. 91-16]
A. 
Possession and consumption of food and nonalcoholic beverages will be permitted on the beach or strand area, provided that:
(1) 
The food and beverages constitute a light repast and do not involve preparation on the beach, strand or pavilions.
(2) 
The responsible parties will leave the beach and strand area clear of any debris associated with the consumption of this food and/or beverage.
B. 
It shall be illegal to possess or consume alcoholic beverages at any time on the beach, strand or pavilions.[1]
[1]
Editor's Note: Former Subsection C, regarding permits for beach parties, as amended; Subsection D, regarding permission for beach party fires; added 9-14-2009 by Ord. No. 2009-25; Subsection E, regarding wood or similar material used for beach fires, added 6-11-2007 by Ord. No. 2007-13; Subsection F, regarding prohibited dates for beach parties, as amended; and Subsection G, regarding the termination beach use, added 6-11-2007 by Ord. No. 2007-13, which immediately and respectively followed this subsection, were repealed 2-9-2015 by Ord. No. 2015-8C.
[Amended 5-26-1981 by Ord. No. 81-6]
The landing of aircraft on the beach is prohibited.[1]
[1]
Editor's Note: Former § 37-5, Surf-riding equipment, amended 5-26-1981 by Ord. No. 81-6, which immediately followed this section, was repealed 2-2-1993 by Ord. No. 93-4.
[Amended 5-26-1981 by Ord. No. 81-6; 2-9-2004 by Ord. No. 2004-2]
No person shall fish or launch or land any boat from the beach within protected bathing beach areas or within 50 yards of the boundaries of any such protected bathing beach. All occupants in vessels as described in § 55-11 are required to wear a certified personal flotation device.
[Amended 9-26-1977 by Ord. No. 77-6]
A. 
Places of resort established. Places of resort, beaches, bathing and recreation safeguards and equipment are hereby established in the Borough for the public health, recreation and entertainment. Such places of resort shall be located at the ocean front, upon all of the lands owned by the Borough fronting on the Atlantic Ocean, in those portions of a tract of land known as "Beach/Seaside Avenues," together with the lands east of and adjacent thereto in the Borough wherein it has ownership and/or control, easement rights or the right to use and occupy the same. Such places of resort shall further include the improved portions of the easterly ends of all public streets running in a generally east and west direction to the mean high-water mark of the Atlantic Ocean.
B. 
Borough to acquire equipment. The Borough shall acquire, construct, use and maintain such bathing and recreational safeguards and equipment as shall be necessary for the proper establishment and maintenance of these places of resort. 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 these places of resort.
C. 
Lifeguards. The Borough shall engage, hire and pay such lifeguards as shall be required for the proper maintenance of places of resort.
D. 
Police. The Borough shall have the right to police places of resort and to hire and engage such police officers and other personnel as shall be necessary for their proper policing and/or control.
E. 
Beach locations. The Borough reserves the right to establish, change or abolish the precise location of any one or more bathing beaches referred to in this section from time to time by resolution or order as safety and attending circumstances shall require.
F. 
Hours of operation. Places of resort shall be kept open during the bathing season from the fourth Saturday in June until Labor Day. The hours when beaches shall be opened are from 10:00 a.m. to 5:00 p.m., daylight saving time, except during inclement weather. The Council reserves the right to determine by resolution the period during each year when each of the paid bathing beaches shall be opened and closed.
[Amended 9-13-2010 by Ord. No. 2010-20]
G. 
Surf bathing. Bathing in the surf is prohibited during periods of storm, high wind or dangerous currents. Swim distance seaward from shoreline will be determined by the Beach Patrol Supervisor according to daily ocean and wind conditions. No person shall enter or remain in the surf beyond the northerly or southerly boundaries of bathing districts as designated by red/yellow (halved red over yellow) flag markers posted by the lifeguards.
[Amended 6-11-2007 by Ord. No. 2007-13]
H. 
Fees. In order to provide the necessary funds to improve, maintain and police the beaches and recreational areas, including the employment of lifeguards and the purchase of necessary equipment for the protection and safeguard of bathers, the following fees shall be charged for such facilities:
(1) 
No fees shall be charged to or collected from any child 12 years old or younger. Adults 65 years old or older shall wear a specially designated beach badge provided by the municipality for a fee of $10 when utilizing the beaches within the Borough of Beach Haven. The individual acquiring the badge shall substantiate his/her age to the satisfaction of the beach badge distributor. Specially designated badges properly issued to adults 65 years old or older do not expire; however, a fee of $10 will be charged for any replacement of such badges issued.
[Amended 2-22-1988 by Ord. No. 88-5; 3-13-2006 by Ord. No. 2006-3; 3-12-2012 by Ord. No. 2012-3C; 11-24-2020 by Ord. No. 2020-25C]
(2) 
No fees shall be charged to or collected from any individual while attired in street clothing upon the beaches or other recreational areas of the Borough, except when any individual so attired utilizes said beaches, bathing or recreational areas for swimming, sunbathing or other recreational purposes.
(3) 
No fees shall be charged to or collected from any person in active military service in any of the Armed Forces of the United States and any persons who are active members of the New Jersey National Guard who have completed Initial Active Duty Training, as well as their spouses and children over the age of 12 upon the presentation of a valid military identification card to a Beach Patrol Supervisor at the Centre Street Beach Patrol Headquarters.
[Added 5-12-2014 by Ord. No. 2014-6C[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection H(3) through (6) as Subsection H(5) through (8), respectively.
(4) 
No fees shall be charged to or collected from any 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 upon presentation of acceptable proof of discharge to a Beach Patrol Supervisor at the Centre Street Beach Patrol Headquarters.
[Added 5-12-2014 by Ord. No. 2014-6C]
(5) 
Fee amounts.
[Amended 6-13-1983 by Ord. No. 83-11; 1-12-1987 by Ord. No. 86-17; 3-11-1991 by Ord. No. 91-9; 3-23-1992 by Ord. No. 92-10; 3-13-1995 by Ord. No. 95-7; 4-13-1998 by Ord. No. 98-3; 4-9-2001 by Ord. No. 2001-5; 3-10-2003 by Ord. No. 2003-3; 5-12-2008 by Ord. No. 2008-5; 4-13-2009 by Ord. No. 2009-8; 2-8-2010 by Ord. No. 2010-4; 1-26-2011 by Ord. No. 2011-1; 11-10-2014 by Ord. No. 2014-28C[2]; 11-24-2020 by Ord. No. 2020-25C; 12-14-2020 by Ord. No. 2020-26C]
Type
Fee
Pre-season, per person purchased on or before May 31
$30
Season, per person on or after June 1
$40
Collector's badge, per person
$50
Weekly or any fractional part thereof, per person
$20
Daily or any fractional part thereof, per person
$10
Gift box
$2
[2]
Editor's Note: This ordinance also repealed former Subsection H(6) through (8), as respectively amended, which immediately and respectively followed this subsection, and which separately contained fee amounts that the ordinance included, as amended, in the table in this subsection.
I. 
Beach badges; transfer restricted. No person over the age of 12 years shall bathe at or otherwise use the places of resort defined in Subsection A without first having acquired and then having conspicuously displayed upon his or her person a proper and effective badge, license or permit to use the beaches. The wearing of such a badge is a requirement between the hours of 10:00 a.m. and 5:00 p.m., daylight saving time. No privilege, right, badge ticket or other evidence or right to use the beaches issued or to be issued upon the payment of any of the fees provided for in Subsection H of this section shall be sold, rented or in any other way set over to another person for a fee, by the person to whom the same is issued.
[Amended 3-26-1979 by Ord. No. 79-4]
J. 
Private rights respected. The purchase, acquisition or obtaining of a beach badge or permit does not, in any way, give the holder the right to trespass or enter upon privately owned property in the Borough of Beach Haven.
[Amended 6-26-1978 by Ord. No. 78-8]
Ballplaying and throwing of frisbees or any other object which would endanger the public safety are hereby prohibited upon the beach or strand.
Disrobing on the ocean or bay beaches or in vehicles upon any of the public streets of the Borough is prohibited.
[Added 5-26-1981 by Ord. No. 81-6[1]; amended 11-12-2013 by Ord. No. 2013-17C; 4-10-2023 by Ord. No. 2023-09C]
A. 
No person shall erect, maintain, use or occupy on or in any beach or bathing area any umbrella, tent, canopy, shelter or structure of any kind with the exception of the following:
(1) 
Sunshades, with one central stanchion and an anchor, to support shade, whether upright or at a ninety-degree position, that is a collapsible shade no greater than seven feet across or greater than seven feet six inches in height and that does not contain grounding lines, ropes, or sides.
(2) 
Devices designed or used to shade infants and small children, also known as "baby tents," no larger than 40 inches high by 40 inches wide by 40 inches deep.
(3) 
Popup tents with no sides but only a roof, which shall not exceed 10 feet in width, 10 feet in length, and eight feet in height, shall be permitted for events that have received a special events permit from the Borough of Beach Haven.
B. 
No person shall locate a sunshade 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.
C. 
No person shall locate a sunshade or baby tent in an area blocking ingress or egress from beach entrance points, as determined by a lifeguard.
D. 
Such sunshades, as are permitted by this section, shall be permitted during the period of one hour before lifeguards are on duty to one hour after they leave the beach.
[1]
Editor's Note: This ordinance also repealed original § 37-10, Violations and penalties. For current penalty provisions, see § 1-16, General penalty provisions, of this Code.